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HomeMy WebLinkAboutAgenda - 11-14-2017 - Agenda ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING AGENDA NOTE: Information is available on-line November 14, 2017 at the "Meeting Agendas" link at: 7:00 P.M. http://www.orangecountync.gov/ Richard Whitted Meeting Facility and also in the Planning Department 300 West Tryon Street or the County Clerk's Office Hillsborough, NC 27278 NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at (919) 245-2130. Note: The Legal Advertisement for the Quarterly Public Hearing is included in the agenda packet immediately following the agenda. A. OPENING REMARKS FROM THE CHAIR B. PUBLIC CHARGE The Board of Commissioners pledges to the residents of Orange County its respect. The Board asks its residents to conduct themselves in a respectful, courteous manner, both with the Board and with fellow residents. At any time should any member of the Board or any resident fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. All electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. C. PUBLIC HEARING — QUASI JUDICIAL ITEMS D. PUBLIC HEARING — LEGISLATIVE ITEMS 1. Zoning Atlas Amendment - To review an application for an MPD-CZ (Master Plan Development Conditional Zoning) district. The proposed project encompasses 195 acres in the Hillsborough Economic Development District (EDD) south of Interstate 40 on both sides of Old Highway 86. 2. Unified Development Ordinance (UDO) Text Amendments and Zoning Atlas Amendments - To review government-initiated amendments to the text of the UDO pertaining to flood regulations and to remove the Special Flood Hazard Area (SFHA) from the Zoning Atlas. 3. Unified Development Ordinance (UDO) Text Amendments - To review government-initiated amendments to the text of the UDO pertaining to public hearings. E. ADJOURNMENT 2 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public hearing will be held at the Whitted Building, 300 West Tryon Street, 2nd Floor, Hillsborough, North Carolina, on Tuesday, November 14, 2017 at 7:00 PM for the purpose of giving all interested residents an opportunity to speak for or against the following item: 1. Zoning Atlas Amendment (Conditional Zoning District): In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments and Section 2.9.2 Conditional Zoning Districts of the Unified Development Ordinance, Old NC 86 Partners LLC are proposing to rezone approximately 195 acres of property within the Hillsborough Economic Development District (EDD) south of Interstate 40 on both sides of Old Highway 86: From: Economic Development Hillsborough Limited Office (EDH-2); Economic Development Hillsborough Office/Retail (EDH-4); Economic Development Hillsborough Research and Manufacturing (EDH-5); Special Flood Hazard Area (SFHA) Overlay District; Major Transportation Corridor(MTC) Overlay District. To: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point; Special Flood Hazard Area (SFHA) Overlay District; Major Transportation Corridor(MTC) Overlay District. for the purpose of developing Settlers Point. The properties subject to the application are further identified utilizing Orange County Parcel Identification (PIN) numbers: • 9863-71-8857, • 9863-91-6573, • 9873-11-4636, • 9873-11-5415, • 9873-11-7506, • 9873-11-9450, • 9873-11-7247, • 9873-10-7937, • 9873-20-2388, and • 9873-10-4310. The project involves the creation of individual development districts, specifically: • District 1 Light Industrial/Manufacturing and Research —Located west of Old NC 86 and south of Interstate 40, accessed via Service Road, intended to provide for light industrial/manufacturing and research operations. The District is approximately 148 acres in area involving 2 parcels of property (PINs 9863-71-8857 and 9863-91-6573). • District 2 Commercial —Located east of Old NC Highway 86 and south of Interstate 40 intended to provide for high intensity office uses, retail, and service land uses. The District is approximately 47 acres in area involving 8 parcels of property (PINs 9873-11-4636, 9873-11-5415, 9873-11-7506, 9873-11-9450, 9873-11-7247, 9873-10-7937, 9873-20-2388, and 9873-10-4310). The properties are located within the Economic Development Transition land use category as denoted on the Future Land Use Map of the Comprehensive Plan and the Urban Designated Area as denoted on the Growth Management System Map. 3 The Orange County Planning Board has recommended approval with conditions of the proposed MPD-CZ application. Purpose: To review the item and receive public comment on the proposed amendments. 2. Unified Development Ordinance Text Amendments and Zoning Atlas Amendments: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated amendments to the Unified Development Ordinance (UDO) and Zoning Atlas to update flood regulations, adopt new Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) and to remove the Special Flood Hazard Area (SFHA) from the Zoning Atlas. The following Section(s) of the UDO are proposed for amendments: • 1.1.3 Flood Damage Prevention Authority; • 1.1.6 Applicability and Jurisdiction; • 1.1.8 Regulation of Farming and Bona Fide Farm Activities; • 1.1.19 Disclaimer of Liability— Flood Regulations; • 1.2.2 Interpretation of Zoning District Boundaries; • 1.10 Floodplain Administrator, • 2.6 Floodplain Development Permit; • 2.10 Variances; • 4.3 Special Flood Hazard Overlay District; • Article 6 Development Standards; • 6.6 Additional Standards for Overlay Districts— Special Flood Hazard Area Overlay; • 6.13 Stream Buffers; • Article 7 Subdivisions; • Article 8 Non-conformities; • Article 9 Enforcement; and • Article 10 Definitions The purpose of the amendments is update existing floodplain management standards to ensure consistency with the new Federal flood damage prevention guidelines as well as adopting new flood mapping data in order to remain eligible for participation in the National Flood Insurance Program (NFIP). This will continue to enable local property owners to purchase flood insurance and be eligible for disaster relief aid/grants to address damage from a storm event. The Orange County Planning Board has recommended approval of the proposed text and zoning atlas amendments. Purpose: To review the item and receive public comment on the proposed amendments. 3. Unified Development Ordinance Text Amendments: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Board of County Commissioners has initiated amendments to the Unified Development Ordinance (UDO) to revise the public hearing process. The following Sections of the UDO are proposed for amendments: Section 1.6 Planning Board Section 2.3 Comprehensive Plan Amendments 4 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 The purpose of the amendments is to 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. The Orange County Planning Board has recommended approval of the proposed text amendments. Purpose: To review the item and receive public comment on the proposed amendments. Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. Accommodations for individuals with physical disabilities can be provided if the request is made to the Planning Director at least 48 hours prior to the Public Hearing by calling one of the phone numbers below. The full text of the public hearing items may be obtained no later than November 3, 2017 at the County website www.orangecountync.gov at the County Commissioners Agendas link (http://wwweorangecountyncegov/departments/board of county commissioners/agendasephp#). Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and you will be directed to a staff member who will answer your questions or you may e-mail questions to planningdept @orangecountync.gov. PUBLISH: The Herald Sun News of Orange November 1, 2017 November 1, 2017 November 8, 2017 November 8, 2017 5 ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: November 14, 2017 Action Agenda Item No. D.1 SUBJECT: Zoning Atlas Amendment: Conditional Zoning —Master Plan Development Conditional Zoning District (MPD-CZ) Settlers Point DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Application Michael D. Harvey, Planner III (919) 245-2597 2. Vicinity Map Craig Benedict, Director (919) 245-2575 3. Future Land Use and Growth Management Systems Maps 4. Applicant Correspondence Concerning Elimination of District 3 from Application 5. Applicant Correspondence Concerning Imposition of Conditions 6. Staff Comments 7. Notes from Neighborhood Information Meeting 8. Excerpt of Draft Minutes from October 4, 2017 Planning Board Meeting 9. Planning Board Approved Statement of Consistency 10. Statement of Consistency 11. Ordinance Amending Zoning Atlas and Conditions of Approval 12. Public Hearing Notification Materials and Certification Under Separate Cover— Project Narrative, Maps, and Supporting Documentation PURPOSE: To hold a public hearing on a request to rezone approximately 195 acres of property to Master Plan Development— Conditional Zoning (MPD-CZ) district in accordance with the provisions of Section 2.9.2 of the Unified Development Ordinance (hereafter`UDO'). 6 STAFF COMMENT — MODIFICATION OF APPLICATION: As originally submitted the request sought to rezone a total of 272 acres of property. Prior to the Planning Board meeting the applicant requested action on the rezoning of 10 parcels of property (PINs 9873- 10-4230, 9873-10-8103, 9872-19-6844, 9872-19-3549, 9872-19-8336, 9872-29-2222, 9872- 29-8289, 9872-28-6779, 9872-18-7626, and 9872-09-8324) totaling 76 acres in area be deferred at this time. These parcels encompassed what was/is delineated within the application as District 3 proposing the development of residential land uses. The applicant requested action be taken on the rezoning of 10 parcels, as identified herein, consistent with the submitted application allowing for the development of District(s) 1 and 2. For more information please refer to Attachment 4. The entire application, including narrative, maps, and the Transportation Impact Analysis (TIA), can be accessed on the Planning department website at: http://www.orandecountync.dovidepartments/plannind and inspections/current interest proiects.ph BACKGROUND: The modified request seeks to rezone approximately 195 acres of property: From: Economic Development Hillsborough Limited Office (EDH-2) ; Economic Development Hillsborough Office/Retail (EDH-4) ; Economic Development Hillsborough Research and Manufacturing (EDH-5) ; Special Flood Hazard Area (SFHA) Overlay District ; Major Transportation Corridor (MTC) Overlay District. To: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point ; Special Flood Hazard Area (SFHA) Overlay District ; Major Transportation Corridor(MTC) Overlay District. for the purpose of developing Settlers Point, a mixed use development proposing two development areas further identified as follows: • District 1: industrial/manufacturing/research land uses, and • District 2: office/retail/commercial land uses. The basic facts concerning the current application are as follows: Applicant(s): Old NC 86 Partners LLC 504 Meadowlands Drive Hillsborough, NC 27278 Agent(s): Summit Design and AECOM Engineering Services 701 Corporate Center Drive 504 Meadowlands Drive Suite 475 Hillsborough, NC 27278 Raleigh, NC 27607 Location: South of Interstate 40 and adjacent to Old NC Highway 86. Please refer to the project vicinity map contained within Attachment 2 for additional detail. 7 Parcel Information: a. PIN: The application involves the rezoning of 10 parcels of property, totaling approximately 195 acres in area, further identified as follows: 1. A 90.37 acre tract of land PIN# 9863-71-8857 2. A 58.56 acre tract of land PIN# 9863-91-6573 3. A 1.36 acre tract of land PIN# 9873-11-4636 4. A 1.65 acre tract of land PIN# 9873-11-5415 5. A 0.50 acre tract of land PIN# 9873-11-7506 6. A 1.75 acre tract of land PIN# 9873-11-9450 7. A 1.46 acre tract of land PIN# 9873-11-7247 8. A 4.50 acre tract of land PIN# 9873-10-7937 9. A 34.58 acre tract of land PIN# 9873-20-2388 10. A 2.45 acre tract of land PIN# 9873-10-4310 b. Size of parcel: As indicated total acreage involved with this request is approximately 195 acres. c. Current Zoning of parcels: Economic Development Hillsborough Limited Office (EDH-2) ; Economic Development Hillsborough Office/Retail (EDH-4) ; Economic Development Hillsborough Research and Manufacturing (EDH-5) ; Special Flood Hazard Area (SFHA) Overlay District ; Major Transportation Corridor (MTC) Overlay District. The properties associated with this application are not located within a Watershed Protection Overlay District. As a result there is no impervious surface limit enforced via the land use permitting process. STAFF COMMENT: There is an item being reviewed at the November 14, 2017 public hearing proposing the elimination of the SFHA Overlay District. If this item is approved, there will be no SFHA Overlay District designation on the subject parcels. This action will not impact or eliminate the applicant's responsibility from complying with applicable floodplain management standards as detailed within the UDO. d. Township: Hillsborough. e. Future Land Use Map (FLUM) Designation: Economic Development Transition. For more information please refer to the FLUM map contained in Attachment 3. f. Growth Management System Designation: Urban. For more information please refer to the Growth Management Systems map contained in Attachment 3. g. Existing Conditions/Physical Features: Varying topography with significant wooded areas and water features (i.e. ponds, 8 streams, and floodplain). Several of the subject parcels are developed for use in support of residential dwelling units. If the rezoning petition is approved, these existing structures/uses would be eliminated. For more information on existing land uses please refer to the application narrative contained in Attachment 1. h. Roads: Vehicular access to subject parcels would be off of Old NC Highway 86. i. Water and Sewer: The applicant is proposing to extend water and/or wastewater service lines, maintained by the Town of Hillsborough, to serve District(s) 1 and 2. Surrounding Land Uses: a. NORTH: Interstate 40 ; agricultural operation and single-family residential property zoned Economic Development Hillsborough Limited Office (EDH-2) and Rural Residential (R-1) approximately 110 acres in area. b. SOUTH: Undeveloped property ; Single-family residential property zoned Rural Residential (R-1) ranging in size from 2 to 12 acres. c. EAST: Single-family residential and undeveloped property zoned Economic Development Hillsborough Limited Office (EDH-2) ranging in size from 1 to 12 acres ; Interstate 40. d. WEST: Single-family residential and undeveloped property zoned Rural Residential ranging in size from 1 1/2 to 50 acres. Conditional Zoning (CZ) Process: The process involves the approval of a rezoning petition and a master development plan allowing for the development of a specific land use(s) on approximately 20 parcels of property. Applications are processed in a legislative manner (i.e. does not require sworn testimony or evidence) and decisions are based on the BOCC's determination that the project is consistent with the purpose and intent of the Comprehensive Plan. Development Process, Schedule, and Action: The typical cadence for the review of a CZ application is: • First Action — Planning staff schedules a Neighborhood Information Meeting (NIM). Staff Comment — DONE. This meeting was held on September 14, 2017. A synopsis of comments from this meeting is contained within Attachment 7. • Second Action — The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. Staff Comment — DONE. The Planning Board reviewed the application at its October 4, 2017 regular meeting and voted to recommend approval with the imposition of conditions as detailed in Attachment 8. • Third Action — The BOCC receives the Planning Board recommendation and makes a decision at a previously advertised public hearing. Staff Comment — The public hearing is scheduled for November 14, 2017. 9 Per Section 2.9.2 (F) (3) of the UDO, mutually agreed upon conditions can be imposed as part this process only if they address: 1 . The compatibility of the proposed development with surrounding property, 2. Proposed support facilities (i.e. roadways and access points, parking, pedestrian and vehicular circulation systems, screening and buffer areas, etc.) and/or 3. All other matters the County may find appropriate or the petitioner may propose. If approved, the Zoning Atlas will be amended and the zoning designation of the property shall be changed to MPD-CZ Settlers Point. Development of the 195 acres of property would have to be consistent with the approved development proposal and all conditions imposed as part of the zoning atlas amendment process. Development of the property, specifically allowable land uses, will be in accordance with the newly created zoning district in accordance with the approved master plan and any imposed conditions. Development of the various parcel(s) shall only be permitted through the review and approval of site plan application(s) in accordance within Section 2.5 of the UDO. This is so staff can verify all imposed conditions are adhered to and allow for final peer review by members of the Development Advisory Committee (DAC) as detailed within Section 1 .9 of the UDO. Proposal: The project involves the creation of two development districts, specifically: 1 . District 1 Light Industrial/Manufacturing and Research —Located west of Old NC 86 accessed via Service Road and south of Interstate 40 intended to provide for light industrial/manufacturing and research operations. The District is approximately 148 acres in area involving 2 parcels of property (PINs 9863-71-8857 and 9863-91-6573) and is depicted within the submitted application narrative as follows: .,` `,, ,4'4-c gri ••;;sy;s: Apr- ?f. ,,1 ❑ ..' .:�$al ySz � h • 2. District 2 Commercial —Located east of Old NC Highway 86 and south of Interstate 40 intended to provide for high intensity office uses, retail, and services. The District is approximately 47 acres in area involving 8 parcels of property (PINs 9873-11-4636, 9873-11-5415, 9873-11-7506, 9873-11-9450, 9873-11-7247, 9873-10-7937, 9873-20- 10 2388, and 9873-10-4310) and is depicted within the submitted application narrative as follows: . ti .; r$;. , .. - - ,C•. • • ilikk. s•. STAFF COMMENT Land comprising District(s) 1 and 2 are located within an Economic Development Transition Land Use Category allowing for the submittal of the MPD-CZ application. As previously indicated District 3, which would have been south of District 2, has been removed from consideration at this time at the applicant's request (Attachment 4). Access: Access to each district is intended to be as follows: • District 1: via an existing roadway off of Old NC Highway 86, specifically Service Road, and • District(s) 2: via new roadway accessing Old NC Highway 86. An internal road network system, constructed to NC Department of Transportation public road standards, will provide internal access within all Districts. The applicant is also proposing pedestrian paths/walkways allowing access between the aforementioned districts. The submitted Transportation Impact Analysis (TIA) identifies internal and external roadway improvements that will be required as different Districts are developed. This includes the signalization of existing and proposed intersections. STAFF COMMENT Both Planning and NC Department of Transportation (NC DOT) staff have reviewed the proposal and are satisfied with the proposed road layouts. Staff is recommending the imposition of a condition requiring the extension of Service Road right-of-way through District 1 to serve as an access point for adjacent land area to the west. Extension of the right-of-way to serve adjacent properties in District 2 is not viable given property layouts, the adjacent Interstate highway, topography, and the presence of streams. 11 In consultation with the applicant and representatives of NC DOT, staff is recommending a condition be placed on the project requiring a full TIA be completed for all site plan application(s). This is to ensure required internal and/or external improvements to transportation systems are developed at the appropriate phase of development. Accommodation(s) for public transit stops will be made concurrent with the final site plan review process for each individual development proposal within the project. In discussing the project with Mr. Jason Shepard of the Orange County Emergency Services Department, he has requested a condition be placed on the project that final roadway layout, including widths and access points, be approved by the Fire Marshal's office as part of the final site plan review process. Planning staff concurs with the recommended condition. The applicant has agreed to the imposition of these recommended conditions. For more information please refer to Attachment 5. Utilities: The project is proposed to be served by public water and sewer systems provided by the Town of Hillsborough. Orange County is currently working with the Town to install a new sewer line under Interstate 40, which would serve District 1. This work is consistent with a recently approved inter-local utility agreement between Orange County and the Town of Hillsborough. Utility services for District 2 shall have to be reviewed and approved by the Town of Hillsborough prior to extension. STAFF COMMENT: Staff recommends the imposition of the following condition(s) associated with utility development: • Approval of the Setters Point MPD-CZ application does not constitute a guarantee utility services shall be provided and/or extended to serve the project. • Development(s) within the project shall be served only by public water and sewer services as provided and maintained by the Town of Hillsborough. • Utilities shall not be extended to serve District 2 until applicable inter-local utility agreement(s) are amended authorizing same. The applicant assumes responsibility for submitting a formal request to amend the aforementioned agreement(s) allowing for the extension of services. • Connection to public water and sewer shall comply with applicable Town of Hillsborough standards. The applicant assumes the responsibility for obtaining all authorizations allowing for same. • Extension of water/sewer lines within a District shall comply with applicable Town of Hillsborough standards. The applicant assumes the responsibility for obtaining all authorizations allowing for same. • Final location of fire hydrants shall be reviewed and approved by the Town of Hillsborough and the County Fire Marshal prior to the issuance of any permit authorizing land disturbing activities. • All site plan submittals shall include documentation indicating the Town has approved connection/extension of utility services for the proposed development. 12 The applicant has agreed to the imposition of these recommended conditions. For more information please refer to Attachment 5. Stormwater Drainage: The applicant has indicated the project will abide by existing stormwater regulations as detailed in Section 6.14 of the UDO. Erosion Control: The applicant has indicated the project will abide by existing erosion control regulations as detailed in Section 6.15 of the UDO. Land Use Buffers: The applicant is proposing the following: • A 100 ft. undisturbed buffer for District 1 separating the project from residentially zoned properties to the west and south. STAFF COMMENT: The proposed 100 ft. buffer is consistent with existing standards as contained in Section 6.8.12 of the UDO. • The applicant is requesting a reduction in the required land use buffer along Old NC Highway 86 from 100 ft., as required under Section 6.8.12 (C) (4) of the UDO, to 25 ft. for District 2. As part of this request, the applicant is proposing the following condition(s): o Structures erected in District 2 shall observe a 75 ft. setback from Old NC Highway 86. STAFF COMMENT: Staff is concerned about the requested reduction given additional requests, including the ability to thin existing vegetation up to 60% of required buffer area(s). If thinning of required buffers is approved, staff would recommend a minimum 50 ft. buffer be maintained along Old NC Highway 86. Further, staff recommends the adoption of the condition of a required 75 ft. setback from Old NC Highway 86 for the project. The applicant has indicated they accept staff's recommended modification based on their ability to thin existing vegetation in this area to promote visibility. • The applicant is requesting authorization to thin existing vegetation along Old NC Highway 86 and Interstate 40 within District 2 to create visual breaks in approximately 60% of the required buffer area. As part of this request, the applicant is proposing the following condition(s): o These areas shall be utilized only to develop stormwater retention ponds. o There shall be no permanent structure erected intended to provide a service consistent with the project (i.e. a commercial business). Structures acceptable for development within this cleared area shall be those intended to support stormwater retention operations (i.e. pump houses) or utility structures. o Disturbed vegetation will be replaced with indigenous, drought resistant vegetation that will achieve a height of six (6) feet within five (5) years. STAFF COMMENT: This is the minimum height that has to be achieved within the identified timeframe and does not constitute an overall height limitation on said vegetation. o Within the remaining area, the developer will `hand clear' or `selectively clear' any existing vegetation of nuisance, scrub, or dead foliage so long as a minimum of fifty- four(54) trees per acre is maintained at all times. 13 STAFF COMMENT: Section 6.6.5 (A) (5) of the UDO reads as follows: Non-residential uses within Transition Areas, as designated by the Comprehensive Plan, may provide one break in the required buffer (i.e. the Major Transportation Corridor (MTC) buffer) per lot adjacent to the interstate right-of-way in order to provide an on-site commercial sign and/or building visibility. The break shall constitute no more than 50% of the interstate highway frontage. Staff recommends the 50% visual break limit be observed as detailed within the UDO for thinning activities along Old NC Highway 86 and Interstate 40. The applicant has agreed with the modification of the request to allow for 50% visual breaks consistent with the provisions of the UDO. • The applicant is requesting a modification of the Major Transportation Corridor(MTC) Overlay District for the project, specifically reducing the required 100 ft. buffer to 50 ft. in District 2. As part of this request, the applicant is proposing the following condition(s): o The applicant is required to submit a detailed buffer plan denoting the cross section of the buffer area and 1-40 area to be impacted. o Reduction of the MTC buffer shall be allowed only in those instances where the applicant can demonstrate sight lines from the interstate shall not be adversely impacted by the clearing of the MTC buffer. o Only 50 ft. of the required MTC buffer shall be disturbed, specifically the area 50 ft. from the Interstate. o Clearing of the MTC buffer shall be allowed only to facilitate development of access roads, parking lots, walkways, and stormwater facilities. o Where clearing occurs, the buffer shall be re-established to the specifications of a Type C Land Use Buffer as detailed in Section 6.8.7 of the UDO. o Buffer area shall be replanted to a minimum 50% of the disturbed buffer width except in those instances where utility services (i.e. power lines, stormwater facilities, water/sewer lines, etc.) prevent replanting. STAFF COMMENT: As a general reminder per Section 4.7.2 of the UDO, the MTC Overlay District extends along all Interstate Highways within the county. In those instances where there is an interchange, the District extends 2,500 ft. on each side of the intersecting roadway. In this specific instance the MTC Overlay District extends along Old NC Highway 86 from the Interstate 40 interchange for 2,500.ft (approximately half a mile). Staff is supportive the proposed condition(s), which will require re- establishment of cleared vegetation along identified roadways. Solid Waste: The applicant has indicated development within the project shall abide by the Orange County Solid Waste Management Ordinance. Analysis: As required under Section 2.9.2 (E) of the UDO, the Planning Director is required to: `cause an analysis to be made of the application' and pass that analysis on to the reviewing body. In analyzing this request, the Planning Director offers the following: 14 1. The application has been deemed complete in accordance with the submittal requirements of Section 2.9.2 (C) of the UDO. 2. The proposal appears consistent with the various goals outlined within the Comprehensive Plan concerning development, including: a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. b. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. c. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. 3. The applicant has provided a basic environmental assessment as part of this submittal. Staff has reviewed and determined there ought to be no significant environmental impact from this project based on existing conditions. Staff is recommending the imposition of a condition as part of the approval of this project that a formal environmental impact statement (EIS) be prepared for all site plan submittals as detailed in Section 6.16 of the UDO. The applicant has agreed to the imposition of this condition. 4. The proposed development appears consistent with existing and anticipated development within the area and the various land uses associated with the project are compatible. 5. Staff has determined the proposed land uses within District(s) 1 and 2 correspond to existing allowable land uses or are consistent with anticipated modifications of the Table of Permitted Uses to be reviewed at a future public hearing. STAFF COMMENT: Staff received direction from the Board of County Commissioners to expand allowable land uses within the EDH-5 general use zoning district to accommodate additional industrial and research land uses. The applicant based their proposal on these recommendation(s). 6. The applicant has proposed to allow for the development of a School elementary, secondary, and high school land use as a permitted use of property within the project. Section 5.2.2 Table of Permitted Uses Economic Development Districts would allow for a School elementary, secondary, and high school land use to be developed within: a. Economic Development Buckhorn Low and High Intensity (EDB-1 and EDB-2) with the review and approval of Class A Special Use Permit, and b. Economic Development Eno Low Intensity (EDE-1) as a permitted use (i.e. subject to staff review and approval of a site plan application only). Currently a School elementary, secondary, and high school land uses are not a permitted within the various Economic Development Hillsborough general use zoning districts (i.e. EDH-1, EDH-2, EDH-3, EDH-4, and EDH-5). 15 While there is concern about allowing the aforementioned land use within this area, staff recommends a condition be imposed indicating that such a development shall abide by the development standards detailed within Section 5.8.4 of the UDO and obtain approval of a Class A Special Use Permit application prior to the commencement of earth disturbing activity. Neighborhood Information Meeting: A neighborhood information meeting for the project was held on September 14, 2017 in accordance with Section 2.9.2 (D) of the UDO. Notes from the meeting can be found within Attachment 7. Notification Requirements: Per Sections 2.9.2 of the UDO, staff has caused a notice of this hearing to be published: `as least twice in a newspaper of public circulation in the County for two (2) successive weeks: ' no less than ten (10) days nor more than twenty-five (25) days' before the public hearing. The legal ad was published accordingly. On October 24, 2017 staff sent written notice(s) to all adjacent property owners located within 1,000 feet of the subject property as required by Section 2.8.7 of the UDO. On October 30, 2017 staff posted sign(s) on the properties subject to the application providing notice of the date, time, and location of the public hearing. Attachment 12 contains the Notification and Certification of Mailing. Planning Board Recommendation: At its October 4, 2017 regular meeting nine Board members, with one member abstaining, voted to recommended approval of the project to include the following additional conditions: a. All site plan applications shall include documentation from the Town of Hillsborough indicating there is sufficient water/sewer capacity to serve the proposed project. STAFF COMMENT: The applicant has agreed to this condition. b. All site plans shall be reviewed not only by County and Town Fire Marshals but also by representatives of the Orange Rural Volunteer Fire Department to approve location of roadways, fire lanes, fire hydrants, etc. STAFF COMMENT: The applicant objects to this condition as recommended. While they are not concerned with having Orange Rural Volunteer Fire Department reviewing and providing comments on development proposals, ultimate approval should remain with the appropriate County and Town officials. Staff recommends the imposition of a condition allowing for the Orange Rural Volunteer Fire Department to review and provide comments as part of the Development Advisory Committee (DAC) review process. c. Eliminate a provision that would allow the development of irrigation wells within the Project. STAFF COMMENT: The applicant recommended the elimination of this provision during the meeting to address a local resident's concern over potential impacts to wells in the area. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Consistency indicating the zoning atlas amendment(s) for the impacted property are reasonable and in the public interest as contained in Attachment 10, 16 2. Ordinance amending the Zoning Atlas, as well as imposing development conditions, for the identified parcels as contained in Attachment 11. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined that the approval or denial of the request would not create the need for additional funding for the provision of County services. Costs associated with advertising, including the public hearing notice and mailings, were paid by the applicant in accordance with the adopted Orange County Fee Schedule. RECOMMENDATION(S): The Administration recommends the Board: 1. Receive the proposal as detailed in this abstract and attachments. 2. Conduct the public hearing and accept comments 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 Statement of Consistency for proposed Zoning Atlas Amendment(s) (Attachment 10), the Ordinance amending the Zoning Atlas and imposing conditions (Attachment 11), as recommended by the Planning Board and staff and agreed to by the applicant; b. Defer a decision to a later BOCC regular meeting date; c. Refer the item back to the Planning Board for a specific purpose; or d. Deny the proposed amendments. (Note: Section 2.2.8 Effect of Denial on Subsequent Applications of the UDO states that no application for the same or similar amendment may be submitted for a period of one year. The one year period begins on the date of denial.) Attachment 1 tQage + fop e t �: 5� �f�° Orange Coun t/ Planning and inspections D epartment cjAP LIC, FQR I T s2 _.--xr 42i ZONING ATLAS I E DMENT Io r1° CONDITIONAL ZONING REQUEST. APPLICANT IN. ORMATION: Dat : 08/04/2017) AppliCant:-James Parker Phone: (919) 732-3883 Address: 504 Meadowlands Drive Cell Phone: Hillsborough,NC 27278 E-mail: james.parkerAsummitde.net PROPERTY SUBJECT TO REQUEST: Parcel Identification Number(PIN): See attached Listing Address of property: OLD NC 86 Owner ofproperty: Various—Under contract to James Parker Current Zoning Designation: See attached Listing Requested Zoning Designation: ** If Applicant/Owner are different people, include a signed, notarized, statement indicating that the owner has authorized the applicant to submit the request. In cases where there are multiple property owners,please attach an additional document containing their signatures authorizing the submission of the application or other legal documentation establishing the applicants right to file on their behalf. ** SUBMITTAL INFORMATION-Section 2.8.3 ofthe Unified Development Ordinance(UDO) 1) A Map, at a legible scale, showing the property(s) subject to the request. A map may be procured at the Planning Department for a fee in accordance with the adopted Orange County Fee Schedule 2) A legal description oftheproperty(s)proposed for rezoning 3). A list showing the names and addresses of all adjacent property owners within 500 feet ofthe subject property. 4) A detailed narrative denoting the following: a. The alleged error in the Zoning Atlas(ifany)that will be corrected by the proposed request. b. The changed, or changing, conditions(if any)that makes the proposed amendment reasonable necessary to promote the public health, safety, and general welfare. c. How the proposed amendment is consistent with,or carries out the intent and purpose of,the Orange County Comprehensive Plan, In addition to these general requirements, Section 2.9.2 of the UDO requires all Conditional Zoning to submit the following additional information: 1) A site plan prepared in accordance with the provisions of Section 2.5 of the UDO including the following information: a. A detailed description ofthe proposed use ofproperty including an outline ofthe proposed operational characteristics of the proposed development. b. A detailed traffic survey,regardless ofthe estimated number of trips per day,prepared in accordance with all applicable North Carolina Department ofTransportation requirements or standards as well as Section 6.17 ofthe UDO. c. The appropriate environmental document prepared in accordance with Section 6.16 of the UDO, 18 d. A landscape plan showing the location ofon-site significant trees;proposed screening,buffers,and landscaping; and any proposed treatment of any existing natural feature e. A summary of utility services f. A schedule for construction/development of the property. g. Otherrequired information identified by staffaspartofthe pre-application conference,and 2)The filing fee per the adopted Orange County fee schedule in affect as ofthe date ofthe application. **NOTE: Please see attached documentation for submittal and process information associated with a Conditional Zoning request ** I (we), the undersigned, have been made aware of the process for the review and action associated with a Conditional Use application and understand only completed applications,containing all information required by the Orange County UDO shall be reviewed and acted upon by the County. Further I (we) understand that any assistance I (we) may receive from County staff in preparing this ap)1i cat ion in no way ,ranter. favorable recommendation by staff on the merits of this proposal nor does it g arantee an appro al ofthe prop sed atlas amendment by the County. Applicant Date: Applicant Date: PROPERTY DATA 19 S � � Ji' ' SETTLER'S POINT DESIGN AND ENGINEERING SERVICES ORANGE COUNTY, NORTH CAROLINA PARCEL# PARCEL IDENTIFICATION NUMBER(PIN) ADDRESS OF PROPERTY OWNER OF PROPERTY CURRENT ZONING 1 9863-71-8857 - Suzanne Upton c/o Jack McDonnell EDH-5;R1 Clayton,et al c/o John Clayton/Bill 2 9863-91-6573 - Aucoin EDH-2;EDH-5;R1 3 9873-11-4636 3210 Old NC86,Hillsborough,27278 Michael Dodson EDH-2 4 9873-11-5415 3220 Old NC86,Hillsborough,27278 Paul Dodson EDH-2 5 9873-11-7506 - Michael Dodson EDH-2 6 9873-11-9450 3224 Old NC86,Hillsborough,27278 Michael Dodson EDH-2 Cathy W.Fuquay,Cynthia& 7 9873-11-7247 3300 Old NC86,Hillsborough,27278 William Bessoir EDH-2 8 9873-10-7937 3312 Old NC86,Hillsborough,27278 Steven&Jesse Kaufman EDH-2 Harold M.&Rebecca Harris/ 9 9873-20-2388 - Robert J.&Lucille Ayers EDH-4;R1 10 9873-10-4310 3410 Old NC86,Hillsborough,27278 Beatrice Brooks EDH-2;R1 11 9873-10-4230 110 Gladys Ln.,Hillsborough,27278 M.W.&George W.Sudyk EDH-2;R1 12 9873-10-8103 - Michael William Sudyk EDH-2;EDH-4;R1 13 9872-19-6844 119 Gladys Ln,,Hillsborough,27278 Ted and Beverly Bryant EDH-4;R1 14 9872-19-3459 - Ted and Beverly Bryant R1 15 9872-19-8336 - Ted and Beverly Bryant R1 16 9872-29-2222 - Ted and Beverly Bryant R1 17 9872-29-8289 - Ted and Beverly Bryant EDH-4;R1;RB 18 9872-28-6779 - Ted and Beverly Bryant R1;RB 19 9872-18-7626 - Ted and Beverly Bryant R1;RB 20 9872-09-8324 - Ted and Beverly Bryant R1;RB R1:Rural residential RB:Rural buffer EDH-2:Economic Development-Limited Office EDH-4:Economic Development-Office/Retail EDH-5:Economic Development-Research and manufacturing i 1 20 All Landowners Sagefield Business Park - Settler's Point All Properties Under Contract at 1/13/17 Name Acres PIN Contract Date Michael William Sudyk 3.27 9872.19.6844 3/2/2015 Michael William Sudyk 3.27 9873-10-8103 3/2/2015 M.W.&George W.Sudyk 4.21 9873-10-4230 3/2/2015 Beatrice Brooks 2.45 9873-10-4310 3/2/2015 Steven&Jesse Kaufman 4.50 9873-10-7937 11/4/2015 Cathy W. Fuquay, Cynthia&William Bessoir 1.46 9873-11-7247 4/18/2016 Michael Dodson 1.75 9873-11-9450 9/3/2016 Paul Dodson 1.65 9873-11-5415 9/3/2016 Michael Dodson 1.36 9873-11-4636 9/3/2016 Michael Dodson 0.50 9873-11-7506 9/3/2016 Harold M.& Rebecca Harris 34.58 9873-20-2388 3/2/2015 Robert J. & Lucille Ayers Ted and Beverly Bryant 10.09 9872-19-3459 10/7/2015 Ted and Beverly Bryant 10.06 9872-09-8324 10/7/2015 Ted and Beverly Bryant 10.01 9872-18-7626 10/7/2015 Ted and Beverly Bryant 4.00 9872-28-6779 10/7/2015 Ted and Beverly Bryant 10.01 9872-29-8289 10/7/2015 Ted and Beverly Bryant 10.01 9872-29-2222 10/7/2015 Ted and Beverly Bryant 10.01 9872-19-8336 10/7/2015 Suzanne Upton 90.37 9863-71-8857 9/14/2015 c/o Jack McDonnell Clayton,et al 58.56 9863-91-6573 12/22/2015 c/o John Clayton/Bill Aucoin Grand Total 272.12 _Property owners wihtin 21 1000 ft. PIN OWNERI LAST OWNERI FIRST J3315 DRESSI ADDRESS2 CITY STATE ZIPCODE SIZE LEGAL DESC DEEDREF 9873402548 WOODSEDGE PROPERTIES LLC 22 LITTLE RIVER CH RD HURDLE MILLS NC 27541 50 WOODSEDGE P56/11 1852/224 9873320287 UNIVERSITY OF NORTH CAROLINA #319 HOOL CB7600 CHAPEL HILL NC 27514 57.7 22 REV UNC HOSPITALS P108/150-151 4832/301 9873116137 BARLOW RANT B 1R OLD NC 86 HILLSBOROUGH NC 27278 1 24 HOFLER 9873111777 SCARLETT LOUISE 1 HILLSBOROUGH NC 27278 1 TR 3 STATE OF N C W/S SR 1009 5089/206 9873110739 SCARLETT LOUISE 1 RD HILLSBOROUGH NC 27278 0.29 TR 2 STATE OF N C W/O SR 1009 5089/206 9873110686 SCARLETT LOUISEJ RD HILLSBOROUGH NC 27278 1.04 W/O SR 1009 5089/206 9873107608 FONTENELLE BARBARA 116 OLLIE DR BELLE CHASSE LA 700374134 5.2 18-20 T P HOFLER 226/164 9873100408 WALKER ROWDY 8 1877 FLYING W TRL Hillsborough NC 27278 3.33 1-2 T P HOFLER PROP W/S OLD HWY 86 5155/286 9873045166 OLD 86 COMMONS LLC PO BOX 1083 HILLSBOROUGH NC 27278 6.36 W/S OLD HWY 86 2047/58 9873038433 SLF II NC WATERSTONE LLC SUITE 1750 5949 SHERRY LANE DALLAS TX 75225 1.7 W/S OLD NC 86 3809/177 9873019000 BARLOW RANT B 1R 3315 OLD NC 86 HILLSBOROUGH NC 1 27278 2.08 2 RILEY&BARLOW P40/146 9873018382 BERRY VICKIE R 1810 ADAMS PLACE HILLSBOROUGH NC 272789513 7.16#1 RILEY&BARLOW P40/146 714/144 9873017820 SCARLETTE LOUISE 1 RD HILLSBOROUGH NC 27278 0.46 TR 1 STATE OF N C W/O SR 1009 5089/206 9873017657 SCARLETT LOUISE 8 RD HILLSBOROUGH NC 27278 1.63 W/O SR 1009 5089/206 9873014031 BARLOW RANT B 1R 3315 OLD NC 86 HILLSBOROUGH NC 27278 12.46 W/O SR 1009 AKA OLD 86 9873009867 DAVIS JUANITA C 3319 OLD NC HWY 86 Hillsborough NC 27278 3.26 MAJ P/O 5&6 HOFLER 5850/389 9873008345 SHORE JOSEPH S 3501 OLD NC 86 HILLSBOROUGH NC 1 27278 2.84 1 LARRY CARROLL 1R P48/3 6165/29 9873007189 BOXTER JOHN 1R 3423 OLD NC 86 HILLSBOROUGH NC 27278 1.41 2 LARRY CARROLL 1R P48/3 6119/152 9873006678 BEST VIVIAN 4018 WRENN RD DURHAM NC 27705 1#1 VIVIEN DODSON&VIVIAN D BEST P52/192 793/479 9872491050 JORDAN KAREN S 1622 SCARLETT MOUNTAIN RD HILLSBOROUGH NC 27278 7.87 P/O#1 CALVIN SCARLETT CH TP P28/64 359/169 9872483693 EADS DERRICK 8 1608 SCARLETT MOUNTAIN RD HILLSBOROUGH NC 27278 7.18 P/O#2 CALVIN SCARLETT P28/64 4327/310 9872398582 WOODSEDGE PROPERTIES LLC 4522 LITTLE RIVER CH RD HURDLE MILLS NC 27541 48.77 THE WOODS P56/11 1852/224 9872389298 SCARLETT CALVIN R 1600 E SCARLETT MT RD HILLSBOROUGH NC 27278 6.54 P/O#3 CALVIN SCARLETT PROP CH TP P28/64 283/1777 9872384311 REA LANDCOM INC null PO BOX 52328 DURHAM NC 27717 1.38 3S SCARLETT PROPERTY P114/164 6009/574 9872383673 EADS DERRICK 8 1608 SCARLETT MOUNTAIN RD HILLSBOROUGH NC 27278 0.7412S SCARLETT PROPERTY P114/164 4327/310 9872372863 SCARLETT GERALD E RD HILLSBOROUGH NC 272788318 12.38#2 PETER METZNER P55/26 3561/462 9872286360 REA LANDCOM INC null PO BOX 52328 DURHAM NC 27717 28.2 A-REV REC SCARLETT PROP P116/85 6009/572 9872274693 SCARLETT GERALD E 416 WEST SCARLETT MTN RD HILLSBOROUGH NC 272788318 13.8 E/O SR 1009 P39/110 1287/398 9872191961 DUKE JEANINE L 4606 PACES FERRY DR DURHAM NC 27712 1.22#1 NANCY JUSTICE ETAL P58/16 2603/69 9872188329 JERNIGAN JOEL 3333 CHAPEL HILL BLVD DURHAM NC 27707 3.44 1S-REV REC SCARLETT PROP P116/85 6228/276 9872183072 JERNIGAN JOEL 3333 CHAPEL HILL BLVD STE C DURHAM NC 27707 15.65 JOE L&VICKIE R JERNIGAN P115/171 6128/63 9872095945 LEE LARRY 8 3503 OLD NC 86 HILLSBOROUGH NC 27278 2 NW/S SR 1009 1910/361 9872087570 HAMLETT CHARLENE W 3333 CHAPEL HILL BLVD STE C DURHAM NC 27707 19.110E L&VICKIE R JERNIGAN P115/171 6128/61 9872080892 CLARK CLETUS L 1412 ALBERT DR MITCHELLVILLE MD 20716 13 13 AC#4 HARVEY CLARK HRS CH TP P30/142 333/19 9872080373 CONNERY MARCANDREW 3820 OLD NC 86 HILLSBOROUGH NC 1 27278 4.72#1 MARC A&SHARON CONNERY P43/186 541/264 9872073445 MELCHIONE CHERI BLVD CHAPEL HILL NC 27514 38 E/S 1009 OLD 86 6143/393 9871766139 DEPARTMENT OF TRANSPORTATION PO BOX 15580 DURHAM NC 27704 563.83 I-40 R/W I-85 691/559 9863936843 ADDISON SALLY A PO BOX 727 HILLSBOROUGH NC 27278 112.8 N/S RIPPY LN 6024/200 9863900565 GWIN SUMMERS MYRA E 103 GRAPEVINE LN HILLSBOROUGH NC 27278 3.87 3 REV GWIN-SUMMERS P103/172 2588/86 9863827960 ADDISON WALLEN PO BOX 727 HILLSBOROUGH NC 272780727 2.7 N/O I-40 6024/200 9863809523 GWIN SUMMERS MYRA E 103 GRAPEVINE LN HILLSBOROUGH NC 27278 3.1112 REV GWIN-SUMMERS P103/172 2588/86 9863805324 DAVIS DIANNE H 319 DAVIS RD HILLSBOROUGH NC 27278 8.01 N/O SR 1129 9863802371 BARNETT ANGELA DENISE DAVIS 549 DIXON RD i WILLOW SPRING NC 27592 10.01#C ISABETH W DAVIS P94/98 3548/480 9863709304 MUNOZ MIGUELG 425 DAVIS RD I HILLSBOROUGH NC 272789330 10.01 B ISABETH W DAVIS P94/98 4966/522 9863705049 DAVIS ISABETH W 319 DAVIS RD I HILLSBOROUGH NC 272788395 16.44#A ISABETH W DAVIS P94/98 9863700110 DAVIS ISABETH W 319 DAVIS RD I HILLSBOROUGH NC 272788395 10.673#1A DAVIS PROP P43/145 N/S SR 1129 22 9863632994 DUCLAY VERONICA 32 GREENHILLS RD STATION NY 11746 20 W/SI-40 R/W 5280/512 9863615525 LINEBERRY JOSEPH LLOYD JR 3106 WILSHIRE DR GREENSBORO NC 274083013 25 E/O SR 1130 9863607374 TAPP FREDERICK 4030 LEGATO LN EFLAND NC 27243 8.08 6 DAVIS FARM P92/113 5960/420 9863604417 GILLIS JOEL K 6321 ANGUS DR RALEIGH NC 27617 7.37 5 DAVIS FARM P92/113 5960/427 9863539059 GARLAND FRANKLIN E 3020 ODE TURNER RD HILLSBOROUGH NC 272789631 57.06#A 2&TR REC FRANKLIN GARLAND P76/90 1485/355 9863526072 GARLAND JAMES 2711 ODE TURNER RD HILLSBOROUGH NC 1 272787631 56.221#13 3&TR REC FRANKLIN GARLAND P76/90 1485/358 9863503862 HALL KAREN FAITH TURNER 1101 SAM TUCKER LANE HILLSBOROUGH NC 27278 10.39#1 KAREN HALL P96/88 9862999596 CLARK MATTHEW ETAL 4503 BUMPHUS RD CHAPEL HILL NC 27514 0.25 CHRIST P55/74 318/263 9862998894 CLARK CLETUS 1412 ALBERT DR MITCHELLVILLE MD 20716 13.433#2 HARVEY CLARK HRS CLETUS CLARK SUBDIV 451/157 9862997320 HILLSBOROUGH UNITED CHURCH OF CHRIST 200 DAVIS RD HILLSBOROUGH NC 27278 15.65 CHRIST P55/74 4724/54 9862992837 BARLOW DAVID M 223 DAVIS RD HILLSBOROUGH NC 272787317 2#2A HARVEY CLARK HRS P49/149 N/S SR 1129 987/342 9862991849 GWIN SUMMERS MYRA E 103 GRAPEVINE LN HILLSBOROUGH NC 27278 2.641A REV GWIN-SUMMERS P103/172 2588/86 9862990443 SCOTT ROY VERNON 302 DAVIS RD HILLSBOROUGH NC 27278 2 DAVIS O C 1129 469/45 9862988192 CONNERY MARCANDREW 3820 OLD NC 86 HILLSBOROUGH NC 27278 3.87#2 MARC A&SHARON CONNERY P43/186 541/264 9862984823 CLARK MATTHEW ETAL 4503 BUMPHUS RD CHAPEL HILL NC 27514 1.73 W/S SR 1009(OLD 86) 318/263 9862899868 GWIN SUMMERS MYRA E 103 GRAPEVINE LN Hillsborough NC 27278 2.91 1 REV GWIN-SUMMERS P103/172 5455/571 9862898435 AUSTIN WILLIAM NEALIR 2803 LITTLE RIVER DRIVE HILLSBOROUGH NC 272789720 2.33 S/S DAVIS RD P81/104 1783/400 9862896927 DAVIS DIANNE H 319 DAVIS RD HILLSBOROUGH NC 27278 2 N/S SR 1129 9862896438 HILTON MISTY C 320 DAVIS RD HILLSBOROUGH NC 27278 2 2 NANCY DUNNAGAN P44/67 5952/119 9862894739 HILTON MISTY C 320 DAVIS RD HILLSBOROUGH NC 27278 1.29 3 NANCY DUNNAGAN P44/67 5952/119 9862894553 HILTON MISTY C 320 DAVIS RD HILLSBOROUGH NC 27278 1.01 S/S SR 11921 NANCY DUNNAGAN 5952/119 9862893609 DAVIS DIANNE H 319 DAVIS RD HILLSBOROUGH NC 27278 0.65 D ISABETH W DAVIS P94/98 9862891480 BUCHANAN JAMES GJR 1313 OAK RIDGE DR HILLSBOROUGH NC 272787395 3.53821#1 WHITE OAK P60/73 1891/123 9862698851 ROJAS IRWIN O 111 LINNET RD Hillsborough INC 1 27278 1.3613 DAVIS FARM P92/113 15380/523 9862690948 WRIGHT I ROBBIE D 3914 ODE TURNER RD HILLSBOROUGH NC 1 272789377 15.43 15.43 AC N/S SR 1130 CH TP P30/5 307/392 TI TI TT T1I I, I TT T#aTJ TI IT.TTI - 1031 1114-, BB&T 1111 OLD NC 86 PARTNERS, LLC 23 LD 504 MEADOWLANDS DR. NORTH CAROLINA 1111111 HILLSBOROUGH,NC 27278 66-112/531 11 (919)732-5055 02/02/2017 0 2, 1 111111 0 r 11111 11111111 PAY TO THE . Orange County Planning and Inspections De $ **9,296.00 111111 ORDER OF % I I I ** * ******** I Nine Thousand Two Hundred Ninety-Six and 00/100******************************************************* * ** DOLLARS 4' 111111 I III Orange County Planning and 1 1 114-4, Inspections Department , , ,Al 1 ,h ,,,,, „," , h h 131 W. Margaret Lane , / , ItillIld1 10 ‘ Hillsborough NC 27278 [ ol' i 11/ 0. .,0, _ f 1 MEMO 19i 10 IVLD SIGNATURE ,0 00000 LO 3 Lila 1:0 S 3 LO L L 2 L1:000 5 20 291, 79LEol 1 li I 11 1 1) ) 1/ 0 L 1 i) I 1111 I [ 1111 1111 1111 1111 Ifi 14 1111 I1J J1 1) 11' ) 111 11 II f I 0 11) 11 11' 1(1 f I If , 1 1111, ®®®`ikwmalri j ,; g : ' Attachment 2 - Vicinity Map . , // 1 jI 1 COLLEGE pd I PARK RD r '` WATF S r I ® �/ • t� ? R TOAi� SUMMIT/ `, % l�` v O,Q j��TRAILI o! ,, /*-,1)(I ( QTN " ,, 'RIPPY—W, rn Flood � !� � Panel: � pror. '.... �`" - ., 1 9873 "I °� `V �+/ 1 40 W _ s, ?: . ,: ENT261 14p- ��, 14w , District 2 fl Flood t- r /��i�F E 9863) / !� -�67 Ap� ti I , I r s i I_. i',v tai , •�� °, ALICE L 111111111 v / b /NM" irf/ r xs� District 1 °" a a ED •„- ^� ^ ' GLADYS.LN T!! EIT• � DAV/s R 4 .Dr // Panel tf ? � ,� � � ThIS area Flood 4 OLD * ' panel: �' ° HEFT/AGE cT /� �y *4 ~ represented 9872) ur b ;r �} Y District 3, which WSCARLETT was eliminated as MOUNTAING� r■ ///���:� part of this ��, i request. //Stream Buffer 65ft ('FIRM Floodway(Effective N Data shown on this map is obtained from Orange County '/,Floodplain Buffer 65ft 100 YR Floodplain 02/02/07) G Exact locations is for reference only. Exact locations and boundaries should be verified. El Parcels (Effective 02/02/07) I Map prepared by Orange County Planning&Inspections. 10/20/2017-mharvey Streets 1 inch = 800 feet 0 750 1,500 I Feet 25 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) 7)14 A 1 P.1 P. O. Box 8181 www.orangecountync.gov NOR 1 (ARCA INA Hillsborough, NC 27278 6., 0, 601.1101,,�''Of �rw� 1 Ih,/�V%i jl,i^l V .° ' % ..., — :11°1111:1t ri 01n1 �� ir 9�//I ,nlul�a�R•a�g% %: SETTLERS POINT: As modified by the applicant, the proposal involves the rezoning of 10 parcels of property, totaling approximately 195 acres in area, further identified as follows: 1. A 90.37 acre tract of land PIN# 9863-71-8857, 2. A 58.56 acre tract of land PIN# 9863-91-6573, 3. A 1.36 acre tract of land PIN# 9873-11-4636, 4. A 1.65 acre tract of land PIN# 9873-11-5415, 5. A 0.50 acre tract of land PIN# 9873-11-7506, 6. A 1.75 acre tract of land PIN# 9873-11-9450, 7. A 1.46 acre tract of land PIN# 9873-11-7247, 8. A 4.50 acre tract of land PIN# 9873-10-7937, 9. A 34.58 acre tract of land PIN# 9873-20-2388, and 10. A 2.45 acre tract of land PIN# 9873-10-4310 26 The project is broken down into the following areas: 1 . District 1 Light Industrial/Manufacturing and Research —Located west of Old NC 86 accessed via Service Road and south of Interstate 40 intended to provide for light industrial/manufacturing and research operations. The District is approximately 148 acres in area involving 2 parcels of property (PINs 9863- 71-8857 and 9863-91-6573) and is depicted within the submitted application narrative as follows: • •ti. •Y, i•a., .. y.r ► P • ti sir fir* - . :Y.i•' • - •‘. ` — ] .,Y" * - f • . .. 2. District 2 Commercial —Located east of Old NC Highway 86 and south of Interstate 40 intended to provide for high intensity office uses, retail, and services. The District is approximately 47 acres in area involving 8 parcels of property (PINs 9873-11-4636, 9873-11-5415, 9873-11-7506, 9873-11-9450, 9873-11-7247, 9873-10-7937, 9873-20-2388, and 9873-10-4310) and is depicted within the submitted application narrative as follows: • cam. - ! '? _ - l _'s. �.• 'IL..l(i'..R. "�.-aye '.•y'� t�! _�. .. I MYRTLE TOWN'ORIOFQ?.GTJ/ Al RUBRUM UN III �NI R/orPL QQ' Attachment 3 - Future Land Use WATERSTONE Y �J , Map / Growth Management System PARK©� FI!ETCH: U. COUNTY 6" 'Map E SEAT DR`cS4 �� �, a ill . -�,' HOOVER Fr 4i Nog )7" +- OUDRRSO it, 1' ,,,,,,,,�,, ! WINTLNPASq O k/ig i� j-.. qTF �(m � RST0NF,aR TRtAIL DR 4, .q 4/ r ,� RIPPY-'LN 140 W ENT/;261/1/1. 4o�F° \ District 2 ' 3 /1 .75t p� y /Zji9:- I--40 6,7 A / /(', A IIII l' / / 26, , simmiNEME 117/ ‘) I . ; ■ District 1 - / 0 _.,- ' yo �9DYS�N i2 illu.. ...._\y, i AA,VAS RD - ETDR Ao / / i ,x i ill This area °��R�x °� TINY FS 41.represented °9F°R - DR District 3, which , --� was eliminated as 40 0 part of this to:HEALT-O . , �' request. AGE:CT r V,■ 7/Floodplain Buffer 80ft Rural Residential — USGS Stream Sir Ms 833.333 feet F Data shown on this map is obtained from Orange County GIS and is for reference only. _ 10 Year Transition Rural Buffer Soils Survey Stream 100 YR Floodplain C Exact locations and boundaries should be verified. Map prepared by Orange County Planning&Inspections. ■ EDD Transition City Limits -- OC Updated Stream (Effective 02/02/07) Y 11/01/2017-mharvey 20 Year Transition ETJ Q Parcels 0 790 1,580 Feet Growth Management System 28 Urban and Rural Designated Areas Urban Designated-Property located within Transition Areas as identified in the Land Use Plan. Rural Designated-Property not located in Urban Designated areas I • 4■ 1114 I po. b 123 -Nev N m ______ :,,, W�};� _&_E m.-1 Area where District �� I 1 and 2 are located Legend Urban Designated Rural Designated ` Rural Buffer City Limits ��_V' Extra-Territorial Jurisdiction Chapel Hill/Carrboro Transition - (Not part of Growth Management t .- 0 System) 15 EDe 0 1 2 3 ® Miles 1 inch = 3 miles Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson. Growth Management System adopted by BOCC 11/5/03 Printed 9/20/2017 Attachment 4 29 SL.Jt's1 .1I1 919.732.3883 SUMMIT•ENGINEER.COM DESIGN AND ENGINEERING SERVICES 504 Meadowland Drive, Hillsborough,NC 27278 October 25, 2017 Mr. Michael D. Harvey, AICP, CFM, CZO Current Planning Supervisor Orange County Planning Department 131 West Margaret Lane Hillsborough, NC 27278 Re: Settler's Point - request to formally remove District 3 from the MPD-CZ application Dear Michael: I am formally requesting that District 3 be removed from the current application and that any and all action on our request only involve Districts 1 and 2. This is to formalize our request made at the October 4, 2017 Orange County Planning Board meeting. As you are aware earlier in 2017 we submitted the aforementioned MPD-CZ application involving approximately 272 acres of property allowing for a mixed-use development project including industrial/manufacturing, commercial, and residential: continuing care land uses. The project was further broken down into the following separate development areas: District 1: Light Industrial/Manufacturing and Research - The district is located west of Old NC 86 accessed via Service Road and south of Interstate 40 intended to provide for light industrial/manufacturing and research operations. The District is approximately 148 acres in area involving 2 existing parcels of property (PINs 9863-71- 8857 and 9863-91-6573) and is depicted within the submitted application narrative as follows: } i ice- I' I jry I 1 1 � 30 ) i SUI' �IIT y= I i .. �A DESIGN AND ENGINEERING SERVICES District 2: Commercial -The district is located within the central most portion of the property, along Interstate 40 intended to provide for high intensity office uses and supporting retail and services. The District is approximately 47 acres in area involving 8 parcels of property (PINs 9873-11-4636, 9873-11-5415, 9873-11- 7506, 9873-11-9450, 9873-11-7247, 9873-10-7937, 9873-20-2388, and 9873-10-4310) and is depicted within the submitted application narrative as follows: sitsr.,,yliiiimair„..-„ ;,,...,:„, ,„1.,, ' � v4 ; _ y . .r '% 1 , , , i!. R ' ti, • 4' . : ' r 0;•'.... • 0 — 7 .: ' .,,,,•1/4,‘ ' '.,, ,- r, . 0 8 ..,4fr. -- . _: 4„.. ;., „., ; "i r. • _ i, 7- 1 4stkluktitiw ,,-;:-iisoot:4100 -�1 4 � "tti i Y• • a, ,yam ;,.,,' F h�� #�til 14 "a 1.0 - . �+i '.:E - Y .Dig, t } 4„ •t i �{ + 0Na' l -+w i 3 .d !!s .r _ \ ' 1 }x, '\ District 3: Residential: Continuing Care - The district is broken down into 2 distinct areas, namely: a. The Multi-Family District: Located within the southern portion of the project along Old NC 86, and Gladys Lane intended to provide for low to moderate intensity office uses as well as multi-family residential uses with a maximum allowable density of 10 units per acre. b. Single Family District: Located within the southeastern most portion of the project along Old NC 86 and north of Destiny Drive, intended to provide for single family residential (continuing care) uses. As currently proposed, development would be limited to continuing care/assisted living facilities and single- family housing for the elderly. The District is approximately 76 acres in area involving 10 parcels of property (PINs 9873-10-4230, 9873-10-8103, 9872-19-6844, 9872-19-3549, 9872-19-8336, 9872-29- 2222, 9872-29-8289, 9872-28-6779, 9872-18-7626, and 9872-09-8324) and is depicted within the submitted application narrative as follows: 31 r ft SUI' 'IIT ,,; DESIGN AND ENGINEERING SERVICES A 9r 1 .,'IV N '\■:,,,.:.'"A,'`'' Y, T--1 •' Bit M1–?y ti` - —.`�– s 1 x:' _;, 20 14 l 2 15 \ .\\\17 \ I t•:suet'. ,, 18 l _ 1 .7,,,,,,.00-,,,N ' \ _ t r., . .y-1'-;.:A-,J' y.rr'} `„, }ter / ...,f, ..,-1 _.: 14 . s��w�Zt �,�,.�,'i,t °J �..,hS,:,:z.,... -�'` {�'' ,jt ; ; ",,,f } .,;� '. 1, " l'- �.J R,; cif• `,•;• .''s 4% 4; I ` 'jam r, ;}a r fr x F 1 As we understand the situation there are concerns from the Town of Hillsborough about serving a residential development south of the Interstate. As a result County initiated amendments to the Future Land Use Map of the Comprehensive Plan and the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) in support of our project were tabled. This, ultimately, limited our ability to move forward with the project as originally submitted. To that end, and as previously indicated herein, we formally requested District 3 be eliminated from our MPD-CZ application. Our current plan is to meet with County and Town officials to understand their concerns in an attempt to facilitate moving forward with the residential: continuing care portion of the project as proposed within our original application. It is our hope to have a revised application/narrative submitted to the County in time for review by the Planning Board at its April 2018 regular meeting. Respe• ul submitted, k Jim •arker, PE, PL CEO 1 perations Manager Attachment 5 32 SUMMIT lP 919.7323883 SUMMIT•ENGINEER.COM DESIGN AND ENGINEERING SERVICES 504 Meadowland Drive, Hillsborough,NC 27278 October 25, 2017 Mr. Michael D. Harvey, AICP, CFM, CZO Current Planning Supervisor Orange County Planning Department 131 West Margaret Lane Hillsborough, NC 27278 Re: Settler's Point - response to recommended conditions associated with our MPD-CZ application Dear Michael: Please accept this letter detailing our response to recommended conditions associated with the Setter's Point Master Planned Development Conditional Zoning (MPD-CZ) application request. we had no objections to the condition(s) as originally recommended by staff and presented to the Planning Board at its October 4, 2017 regular meeting. During the Planning Board meeting the Board and staff recommended modification of said condition(s) as follows: 1. Condition 4 (b) to be rewritten by adding the following language denoted in red underlined text: For development of structures, vehicular use areas, and roadways, a Transportation Impact Analysis (TIA) shall be completed in accordance with Section 6.17 of the UDO regardless of anticipated traffic counts for the development. APPLICANT COMMENT: We have no objection with the addition of highlighted language to the condition. 2. A new Condition 4 (f) reading as follows: Documentation indicating the Town of Hillsborough has reviewed a site plan application package and determined there is sufficient water and sewer capacity to serve the project. A lack of water and/or sewer capacity shall result in the denial of the site plan application by the County. APPLICANT COMMENT: We believe this recommended condition is consistent with existing agreements and requirements and have no objection with its imposition. 3. Condition 5 (f) reading as follows: The right-of-way and roadway for Service Road shall be extended West through District 1 to provide additional connectivity to adjacent parcels. Any extension of Service Road shall be constructed to NC Department of Transportation public road standards. APPLICANT COMMENT: We have an objection to this condition as recommended. We agree with the need of dedicating Right-of-way with the intention to provide connectivity to adjacent parcels, but not to be responsible to extend the roadway. We would like to note that the future roadway extension should be designed based in the trip generated by the adjacent future land use with consideration to the existing floodplain to the West of District 1. We request the BOCC rewrite the condition as follows: The right-of-way for Service Road shall be extended West through District 1 to provide future additional connectivity to adjacent parcels. 33 SUts eIIT DESIGN AND ENGINEERING SERVICES 4. Condition 6 being revised to indicate all site plans shall be reviewed and approved not only by County and Town Fire Marshals but also by representatives of the Orange Rural Volunteer Fire Department with respect to the location of roadways, fire lanes, fire hydrants, etc. APPLICANT COMMENT: We have an objection to this condition as recommended. While we wholeheartedly support having Orange Rural Volunteer Fire Department review and provide comments on development proposals, ultimate approval should remain with the appropriate County and Town officials. We request the BOCC rewrite the condition as follows: For all site plans within the Project, the Orange Rural Volunteer Fire Department to be provided a copy of the proposal, and invited to County Development Advisory Committee (DAC) meetings, to review and provide comments on the development proposal consistent with the provision(s) of Section 1.9 of the Orange County Unified Development Ordinance (UDO). 5. Condition 13 (a) (iii) shall be amended to eliminate the unnecessary repetition/listing of a 'Movie Theater' from District 2. APPLICANT COMMENT: As indicated during the October 4, 2017 Planning Board meeting, staff identified a typo within the condition establishing the list of permitted land uses, specifically the'Movie Theater' land use was listed more than once. We have no objection with the elimination of this typo. Further, we request the BOCC consider allowing for a further modification of the condition by eliminating the term 'Movie'and revise the land use to be'Theater'. This would permit development of all theater uses (i.e. movie, play, etc.) within District 2. 6. Condition 13 (h) (i) be revised to eliminate language allowing for the development of irrigation wells within the Project. APPLICANT COMMENT: As indicated during the October 4, 2017 Planning Board meeting, we hereby withdraw language from the application allowing for the development of individual irrigation wells. Through this letter we do not object to the imposition of a condition prohibiting same. 7. Condition 13 (h) (vi) be modified by adding the following language denoted in red underlined text: No disturbance of the MTC buffer along adjacent Interstates shall be permitted with the first 50 ft. as measured from the right-of-way unless clearing is consistent with the provisions of Section 6.6.5 (A) of the UDO APPLICANT COMMENT: As indicated during the October 4, 2017 Planning Board meeting, we have no objection to the recommended modification. We are fully aware further modification of the recommended condition(s) is possible as the project is continued to be reviewed. Further we reserve the right to offer comments/suggestions on the possible re-wording of said conditions to address future review comments, most notably from the NC Department of Transportation and the Orange County Board of Commissioners. Re pectfully submitted, I 11� Jim Par' -r, P , • CEO/Oper. ions Manager Attachment 6 34 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 • • — a. A '.' All ,l Mb GGam!' Di®L� r BB Ai lii� a " ' ° ' frwo- February 27, 2017 Jim Parker Chad Abbott Summit Engineering Summit Engineering 504 Meadowlands Drive 504 Meadowlands Drive Hillsborough,NC 27278 Hillsborough,NC 27278 Re: REVIEW of Conditional Zoning Petition for Settler's Point — Master Plan Development Conditional Rezoning INITIAL SITE PLAN REVIEW COMMENTS To Whom It May Concern: On or about February 3, 2017 the Orange County Planning Department received a Conditional Zoning Atlas Amendment application for several parcels located south of Interstate 40 within the Hillsborough Township. Specifically staff received an application to rezone several properties to Master Plan Development (MPD) Conditional Zoning for a mixed use development project entitled Settler's Ridge (hereafter `the project'). The processing of MPD Conditional Zoning applications is detailed within Section 2.9 Conditional Districts of the Unified Development Ordinance (UDO). According to the submitted narrative the project is a: ` ... mixed use development intended to encompass a variety of retail, service, office, light industrial/manufacturing, research, residential, and ancillary support industries designed to serve as an economic generator for Orange County and southern Hillsborough'. Three (3) distinct development/zoned areas are being created as part of the project namely: • Light Industrial/Manufacturing and Research, • Commercial, and • Residential—Senior Living. Parcels subject to the submitted application are identified utilizing the following Orange County Parcel Identification Numbers (PIN's): 1. A 90.37 acre tract of land—PIN 9863-71-8857 2. A 58.56 acre tract of land—PIN 9863-91-6573 3. A 2.10 acre tract of land—PIN 9873-10-0657 1 35 4. A 1.36 acre tract of land-PIN 9873-11-4636 5. A 1.65 acre tract of land-PIN 9873-11-5415 6. A 0.50 acre tract of land-PIN 9873-11-7506 7. A 1.75 acre tract of land-PIN 9873-11-9450 8. A 1.46 acre tract of land-PIN 9873-11-7247 9. A 4.50 acre tract of land-PIN 9873-10-7937 10. A 34.58 acre tract of land-PIN 9873-20-2388 11. A 2.45 acre tract of land-PIN 9873-10-4310 12. A 4.21 acre tract of land-PIN 9873-10-4230 13. A 3.27 acre tract of land-PIN 9873-10-8103 14. A 3.27 acre tract of land-PIN 9872-19-6844 15. A 10.09 acre tract of land-PIN 9872-19-3549 16. A 10.01 acre tract of land-PIN 9872-19-8336 17. A 10.01 acre tract of land-PIN 9872-29-2222 18. A 10.01 acre tract of land-PIN 9872-29-8289 19. A 4.00 acre tract of land-PIN 9872-28-6779 20. A 10.01 acre tract of land-PIN 9872-18-7626 21. A 10.06 acre tract of land-PIN 9872-09-8324 As previously conveyed to you staff determined the application package was complete and was accepted for processing. As a general reminder the timeline for the review of the project remains as follows: a. February/March 2017-Staff review and comment. b. March 27, 2017-Neighborhood Information Meeting (NIM). A NIM shall be held from 6:30 p.m. to 8:00 p.m. on the aforementioned date allowing local property owners to ask the applicant questions and for staff to provide information on the process associated with the review of the project. Please note letters informing property owners within 1,000 feet of the project of the meeting date, time, and location will be sent by staff on March 8, 2017. Signs advertising the NIM shall be posted in the area on March 10, 2017. c. April 5, 2017-Planning Board meeting. d. May 22, 2017-Quarterly Public Hearing-BOCC review. In reviewing the submitted application package, staff would like to offer the following comments. I. GENERAL COMMENT(S): A. Compliance with Section 6.7.1 (B) of the UDO: In accordance with the aforementioned section staff is requesting the following modifications of the submitted application. 1. Section 6.7.1 (B) (1) of the UDO requires a map of the development site. The submitted map needs to be modified as follows: i. Label and identify the various `lines' on the submitted map(s). 2 36 For example there several `dashed lines' on Exhibit 1 Land Use Plan that are not identified. While staff may have the ability to guess what the lines represent the map(s) are not user friendly for the general public Please provide a legend indicating what these lines represent (i.e. project boundary lines, utility easements, utility service areas, rights-of-way,,etc.). ii. Label and document the width of all adjacent rights-of-way including, but not limited to: Interstate 40, Old NC Highway 86, Service Road, Destiny Lane, Gladys Lane, etc. You can label each roadway and provide a table denoting `status' of the roadway (i.e. public or private) and provide right-of-way widths to avoid confusion on the actual map. iii. Label and document all proposed and/or required landscaped and buffer areas for the project. For example there are streams and floodplains on the properties covered by the project that are not properly identified. Please label all proposed/required buffers as to what they are (i.e. stream buffer, floodplain buffer, Major Transportation Corridor (MTC) buffer, utility land use buffers, project perimeter buffers, etc.) and their proposed/required widths. STAFF COMMENT: Staff recommends references to these areas be included on the existing Exhibit 1 map with references to a separate map providing the requested detail in an effort to avoid confusion. iv. Identify and denote any existing structure(s) located on the properties associated with the project. 2. Section 6.7.1 (B) (2) of the UDO requires a map denoting the general layout of the proposed project. While staff is aware there is no specific land use associated with the project as of the writing of this letter, we nevertheless recommend a new exhibit be created providing the following information: i. A close-up layout of each individual development `pod' or area to include the following: 1. Anticipated location of curb cuts onto existing roadways. 2. A typical public road access cross section detail for the individual development areas. 3. A typical interior roadway design standard (i.e. cross section) including drainage detail(s) and explanation of how drainage will be handled by interior road systems if at all. 3 37 4. If there is a proposed layout (i.e. creation of individual parcels allowing for development) please denote same on this map. 5. Denote the location of any and all anticipated master drainage basin areas. STAFF COMMENT: The project indicates there will be 70% of impervious surface area for the project. Each development area is identified as having an allotment of square footage supporting the development of allowable land uses. From our standpoint it would behoove you to have master drainage basins identified within the project area to address compliance with applicable County stormwater standards as detailed in Section 6.15 of the UDO. We encourage you to provide this detail including appropriate cross sections and base calculations for the master stormwater areas. 3. Section 6.7.1 (B) (3) of the UDO requires a map detailing each allowable land use per individual development area (i.e. pod) to include a `master plan proposed use matrix' designed to identify how conflicts between adjacent land uses are to be addressed. STAFF COMMENT: We recommend taking the table of allowable uses contained within the project narrative and placing on a new map exhibit. An example compatibility matrix can be found in Section 6.7.1 (B) (3) of the UDO. This can all be placed on the new map exhibit to ensure compliance with the MPD Conditional Zoning submittal requirements. 4. Section 6.7.1 (B) (4) of the UDO requires a map detailing all setbacks and buffers for the project. As previously indicated herein, staff is recommending a new exhibit detailing proposed/required buffer areas associated with the project. This new map can also provide additional detail on internal and external setbacks for the project as detailed in the submitted narrative. 5. Section 6.7.1 (B) (5) of the UDO requires information detailing the maximum building heights for the project. While the narrative does provide this detail, staff is recommending Exhibit 1 be modified to include a chart denoting the allowable building heights for each individual development area(i.e. pod). 6. Section 6.7.1 (B) (6) of the UDO requires a map detailing the utility master plan for the project. This was submitted as part of the application and is denoted as map Exhibit 2. 4 38 Staff is requesting the following modifications to this exhibit: i. Denote the location of all utility lines (i.e. sewer, water, reclaimed water, stormwater management, electrical service, cable, telephone, etc.) on the map. As part of this modification please provide a key/legend detailing: a. Existing infrastructure in place, b. What infrastructure is expected to be constructed by Orange County/Town of Hillsborough, and c. New infrastructure serving the project. As part of this requirement, staff will need detailed information on proposed line types, sizes, anticipated construction, etc. ii. Denote the anticipated location of sidewalks to assist staff ascertain if there will be any conflicts with utility location. iii. The map will need to be modified to include the detailed design calculations for the project indicating that the proposed 12 inch utility line is sufficient for expected development and associated/estimated density for the project. iv. Include a note on Exhibit 2 indicating: `All onsite utilities shall be underground unless approved by the Board of County Commissioners'. v. Indicate connection points to various utility lines. vi. Denote the location of any anticipated/planned utility infrastructure (i.e. pump stations, etc.). Currently there is One (1) pump station denoted on the plan within the `Commercial' development area. With respect to this pump station please provide the following detail: a. Size and capacity of the station, b. Design calculations, c. Ability to serve associated/estimated density for the project. As an aside staff is concerned over the proposed pump stations proximity to an existing stream buffer and overhead power line easement. Additional detail concerning potential impacts and proposed mitigation options will need to be included on the revised Exhibit. vii. Please include the following information on the revised Exhibit: a. Provide detail on anticipated fire flow for the proposed utility lines with detail on how same will support the project. As a general reminder fire flow 5 39 requirements are necessary for consideration when sizing water lines. b. Provide detail on the anticipated placement of manholes and elevations same. This will include the provision of a typical manhole construction detail. c. Anticipated stubout locations. d. All existing and anticipated utility line easements. e. Provide sufficient detail outlining how the project will comply with the Town of Hillsborough water/sewer utility line construction standards. f. Additional detail on expected build-out. This information shall be essential in evaluating the ability of installed infrastructure to meet current and future needs of the project. g. Information outlining opportunities for water and sewer extension to serve adjacent parcels. STAFF COMMENT: Bear in mind the ability to serve surrounding parcels is predicated on said parcels location within a primary service area as detailed within the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA), the County Comprehensive Plan, and the Orange County/Town of Hillsborough Joint Planning Land Use Plan. 7. Per Section 6.7.1 (B) (7) of the UDO you are required to submit a master signage plan. The narrative provides detail on anticipated sign standards and development limitations. Staff will continue to review the proposal and advise of any additional modifications. 8. Per Section 6.7.1 (B) (8) of the UDO you are required to submit a master architectural concept plan for the project outlining: i. Architectural themes for the project, ii. Acceptable building materials (i.e. siding, roofing, doors, trim, awnings, etc.), iii. Permitted color palettes (if any), and iv. Specific design requirements. While the narrative provides some of this detail, staff is recommending a new map Exhibit be created providing additional visual references to ensure compliance with applicable standards. 6 40 II. SPECIFIC COMMENTS: A. NARRATIVE: Staff has the following specific comments associated with the project narrative: 1. Staff is concerned there are conflicts between `appendices' and `sections' of the narrative. We recommend reviewing the product with the applicant to ensure these concerns are addressed. 2. Part 2-3 Performance Standards (page 14 of the narrative) Section 2-3-1 Land Use Intensity number 2 indicates there will be a minimum percentage of landscape area/open space of 20%. The minimum open space area for this project will have to be 30% in order to comply with existing stormwater permitting requirements. 3. Throughout the narrative you outline the minimum land use intensity standards that will guide the development of the project. It would appear in most instances you are `copying' existing standards detailed within Section 6.4 Performance Standards of the UDO. Staff recommends you modify the narrative to indicate you shall abide by County regulations as currently contained within the appropriate section(s) of the UDO and only specify those standards you wish to deviate from. Please note you will have to provide an analysis of the need for the revised standard and how the purpose and intent of existing regulation(s) shall be abided by. 4. Part 2-3-3 General Performance Standards (page 19 of the narrative) Section 1 Environmental staff has the following comment(s): a. Subsection (b) — Staff interprets this provision and requiring a 5 foot freeboard elevation for development within the project versus the County's existing 2 foot freeboard requirement. Staff agrees with the suggested limitation. b. Subsection (b) — The section indicates no development, including roadway,parking, etc. will occur within identified floodplain areas. This is consistent with the provisions of Section 6.6.1 of the UDO. c. Subsection (b) iv — The section appears to indicate a 50 ft. wide `stream buffer' will be observed for the project. Staff will be recommending the project comply with existing development standards associated with the development in and round stream/floodplain buffers shall comply with the provisions of Section 6.13 of the UDO. Required stream and floodplain buffers shall be based on the slope of the property and shall range from 65 to 80 ft. based on same. 5. Part 2-3-3 General Performance Standards (page 20 of the narrative) Section 1 Environmental there are provisions outlining standards 41 governing indoor environmental quality (i.e. smoking areas). Staff is still reviewing this section to ascertain compliance with existing County regulations. 6. Part 2-4-1 Design Criteria — Architectural Design (page 21 of the narrative) proposes the development of an Architectural Review Board for the project. Staff recommends representation on this Board include representatives from County planning staff as a non-voting member to offer comment and guidance on submittals with respect to compliance with the project's MPD Conditional Zoning designation. 7. Staff did not see references to a perimeter or project boundary setback within the narrative. Please note this document represents staff comments on the project thus far and should in no way be construed as our final determination. Additional correspondence shall be provided as necessary outlining our comments on the project. This will include comment(s) from.other County agencies (i.e. Erosion Control/Stormwater, Fire Marshal, Solid Waste, County's Attorney office, etc.) and external review partners (i.e. NC Department of Transportation, Orange County School Board, Town of Hillsborough, etc.) We will of course be more than happy to meet with you in person to' review these comments, any new issues, and methods of complying with other regulatory requirements. Please contact me at (919) 245-2597 and/or inharvey @orangecountync.gov schedule and/or discuss the project in greater detail. • Sincerely Mich.e D. •arve,ICP, CFM, CZO Current Planning Supervisor Orange County CC: Craig Benedict, Planning Director; James Bryan, County Attorney's Office; File. 8 42 Town "` 1 of Ills 1„,,,...- h Since 1754 c 994 Town of Hilfsbomugh "`..r. March 10, 2017 Craig N. Benedict Director, Orange County Planning and Building Inspections P.O. Box 8181 Hillsborough, NC 27278 RE: Courtesy Review Comments — Settlers Point Dear Craig, Thank you for providing an opportunity for the town to comment on the proposed Settlers Point rezoning application. The planning department offers the following comments for your consideration. Despite the lack of support for this particular project, the town does support the pending interlocal agreement to extend utilities into the Hillsborough EDD area. General comments and policy concerns: 1) Application materials are inconsistent. Parcel 3 does not show on all of the exhibits. It is unclear how many dwellings are proposed. The land use map indicates 930, while the tax statement indicates 690 and the traffic study indicates 760. 2) The assemblage is awkward, wrapping around existing developed lots. This will lead to conflicts. 3) The residential portion of this request is located outside the urban services area for the town and would require an amendment to the WASMPBA. 4) Committing water to this new area would take water capacity away from properties already within the boundary. 5) Opening 30 acres of retail up for development while the town is still trying to recruit retail for Daniel Boone and Waterstone will flood the market. The Waterstone properties have the added cost of the Special Assessment District and limited visibility while Daniel Boone has additional redevelopment time and costs. This site will appear easier and take away from these two higher priority sites for the town. 6) For more than 10 years the town has focused its policies and actions on more compact development to follow smart growth principles. The eastern portion of this site is premature and inconsistent with our adopted policies. The light industrial portion is acceptable due to the potential need for large floor plates to accommodate significant non-residential users. Specific comments: 1) The application materials are very general in nature to vest the project with staff level approvals moving forward. This is significantly less information that the town requires in order to vest staff review in a project. As the proposed use table simply shows "x" under uses, it is my understanding that no further board review would be needed if this rezoning is approved. 2) The materials do not include a proposed street network/internal circulation plan. 101 East Orange Street • P. O. Box 429 • Hillsborough, North Carolina 27278 919-732-1270 • Fax 919-644-2390 43 3) Parking standard for industrial is very high, especially if uses end up with significant warehouse space. 4) Elementary, middle, and high schools are listed as a permitted use in the light industrial portion of the site. This is undesirable as schools are a very low density but high traffic impact uses. Allowing more than 10 acres of an economic development district be taken by a non-taxable entity is not desirable. Schools generally do not have spin-off investments to compensate. 5) This site is a poor location for senior housing. True senior housing does not need prime road access but does need supporting retail and activities if the seniors are to be active and engaged. It's unclear that these uses are proposed for the retail component. This location is better suited to affordable housing to provide easy highway access to employees who may need to travel significant distances to their jobs. 6) Senior housing comes with many regulatory requirements from the state level if services are to be provided, as stated in the narrative. Assisted living and skilled nursing can't just be built without prior approval and Certificates of Need from the state. I have inquired as to whether any certificates exist for Orange County and the response from the state indicates it is unlikely that Orange County would see approvals for more beds through 2020. If the proposal is really just for an age restricted subdivision, the applicant should be compelled to remove these other services from their narrative as they are unrealistic and build unreasonable expectations in the reviewing board and general public. 7) Any residential development in this area will be isolated from the remainder of Hillsborough. Connectivity among neighborhoods is a high community priority. Isolation and the need for connectivity are currently being discussed in updates to the county Master aging Plan as an important quality of life aspect. Unless widening of South Churton includes sidewalks under I-40 and along the project frontage, it will not be possible for someone living here to safely walk or bike to Waterstone or any other part of town. This type of improvement can only happen with annexation as NCDOT does not allow sidewalk construction without a maintenance agreement. We will be creating another isolated node that will be extremely expensive to retrofit into the town's ideal of connectedness. 8) The proposed development details and criteria do not align well with the town's Unified Development Ordinances for setbacks, building heights, and the like. If annexed, the town would likely need to create a new zoning district to accommodate at least portions of this site or the site will be non- conforming. 9) The narrative is very light on development details. Pages are committed to landscaping, signage, and solid waste, but there is no clear mention of any other development standards. The signage requirements are very different from town requirements and will create significant non-conformities if this site is developed under these standards and then annexed. The town is nearing the end of its amortization period for existing freestanding signs and could begin compelling sign replacements in the city in 2 more years. To have the development happening with vastly different standards at the same time will be a public relations nightmare. 10)The driveway spacing is less than optimal. The existing service road is close to the interchange ramps and could be impacted by future widenings. The application doesn't include any additional frontage to access the western portion of the project or make use of Davis Road. 11)The submittal information gives no indication that there will be any internal connectivity on the east side. Sincerely, Q� Margaret A. Hauth, AICP Planning Director Assistant Town Manager 101 East Orange Street • P. O. Box 429 • Hillsborough, North Carolina 27278 919-732-1270 • Fax 919-644-2390 44 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH C OLINA. Hillsborough, NC 27278 September 12, 2017 Jim Parker Summit Engineering 504 Meadowland Drive Hillsborough,NC 27278 RE: INITIAL STAFF COMMENTS—Settlers Point Master Planned Development Conditional Zoning(MPD-CZ) Application Package Dear Mr. Parker: On August 4, 2017 staff received a. Zoning Atlas Amendment Package proposing the rezoning of several properties within the Hillsborough Township from Economic Development Office and Office/Flex (i.e. EDH-4 and EDH-5) and Rural Residential (R-1) to. a.Master Planned Development Conditional Zoning (MPD-CZ) designation. The name of the project, as contained within the submitted application package and narrative, is called"Settlers Point". As you are aware from previous correspondence, this package was deemed to be sufficient in accordance with the standards contained in Section 2.9.2 Conditional Zoning Districts of the Unified Development Ordinance (UDO), and was accepted by staff on or about August 9, 2017 for processing. The Settlers Point development is proposed to be situated on approximately two hundred seventy-two (272) acres of property, south of Interstate 40 to be developed within the designated Hillsborough Economic Development District, south of I-40 and east of Old NC 86, involving the following individual parcel(s): • A 90.37 acre tract of land PIN# 9863-71-8857; • A 58.56 acre tract of land PIN# 9863-91-6573.; • A 1.36 acre tract of land PIN# 9873-11-4636; • A 1.65 acre tract of land PIN# 9873-11-5415; • A 0.50 acre tract of land PIN# 9873-11-7506; • A 1.75 acre tract of land PIN# 9873-11-9450; • A 1.46 acre tract of land PIN# 9873-11-7247; • A 4.50 acre tract of land PIN# 9873-10-7937; { 45 • A 34.58 acre tract of land PIN# 9873-20-2388; • A 2.45 acre tract of land PIN# 9873-10-4310; • A 4.21 acre tract of land PIN# 9873-10-4230; • A 3.27 acre tract of land PIN# 9873-10-8103; • A 3.27 acre tract of land PIN#9872-19-6844; • A 10.09 acre tract of land PIN# 9872-19-3549; • A 10.01 acre tract of land PIN# 9872-19-8336; • A 10.01 acre tract of land PIN# 9872-29-2222; • A 10.01 acre tract of land PIN# 9872-29-8289; • • A 4.00 acre tract of land PIN#9872-28-6779; • A 10.01 acre tract of land PIN# 9872-18-7626; and • A 10.06 acre tract of land PIN# 9872-09-8324. According to the submittal package, Settlers Point proposes a mixed use development project broken down into 3 distinct districts as follows: 1. District 1Light Industrial/Manufacturing and Research — The district is located along the western portion of Old NC Highway 86, accessed via and existing service roadway, and south of Interstate 40. The district is intended to provide for light industrial/manufacturing and research operations and is approximately 148 acres in area. 2. District 2 Commercial—The district is located south of along Interstate 40 and east of Old NC Highway 86. The district intended to provide for high intensity office uses and supporting retail and services and is approximately 47 acres in area; 3. District 3 Residential: Continuing Care — The district is broken down into 2 distinct areas, namely: a. The Multi-Family District: Located within the southern portion of the project along Old NC 86, and Gladys Lane intended to provide for low to moderate intensity office uses as well as multi-family residential uses with a maximum allowable density of 10 units per acre. b. Single Family District: Located within the southeastern most portion of the project along Old NC 86 and north of Destiny Drive, intended to provide for single family residential (continuing care)uses. The district is approximately 76 acres in area. Each district will allow the development of specific land uses (i.e. industrial, commercial, and residential) as spelled out within the application (hereafter `the Project'). As part of this submittal, the applicant is proposing the imposition of development and design standards that will govern the overall development of the Project if approved by the County. In completing our review, staff would like to offer the following comment(s)/recommendation(s): I. IN GENERAL—COMPLIANCE WITH THE COMPREHENSIVE PLAN: 46 a. The properties associated with the Project are located within different land use categories as depicted on the Future Land Use Map (FLUM) contained within the adopted 2030 Orange County Comprehensive Plan. Those properties comprising District(s) 1 and 2 are located within the Economic Development Transition Activity Node. The properties contained within what is designated as District 3 are located within the Rural Residential land use category. Per Appendix F Land Use and Zoning Matrix of the Comprehensive Plan the MPD-CZ zoning category is permitted for development within the following land use categories: • 10 and/or 20 Year Transition; • Commercial Transition Activity Node; • Commercial/Industrial Transition Activity Node; and • Economic Development Transition Activity Node. District 3, which is located within the Rural Residential land use category, is not a designated land use category allowing for the rezoning of property to the MPD-CZ designation. The Project scope and narrative will have to be modified to include a request to change the FLUM land use designation of the properties contained within the aforementioned district in order to move forward. STAFF COMMENT: Current Planning staff was informed by the Planning Director on or about August 9, 2017 the Department would assume the responsibility to modifying the designation of the properties comprising District 3 to address the issue. At the writing of.this letter staff is recommending the properties contained within District 3 be changed from the Rural Residential land use category to Economic Development Transition Activity Node. This would ultimately allow for the processing of an application , proposing rezoning of parcels to MPD-CZ from a Comprehensive Plan standpoint. IL IN GENERAL—APPLICATION PACKAGE AND NARRATIVE: a. Update the application submittal to ensure the County has all necessary documentation denoting the properties subject to the Project are either under contract or you have legal authority to include same. b. Staff is recommending the inclusion of a table of contents to aid in review. Further individual tabs denoting various sections should be included in future copies provided to the County as part of the Planning Board and Board of County Commissioners (BOCC) review of the project. 1 47 c. As submitted exhibit maps lack a legend outlining various graphics denoted on same. Please provide a legend on all exhibits with detailed explanations of the information you are intending to convey. d. The title of the submitted narrative needs to be modified to read Settlers Point Master Planned Development Conditional Zoning(MPD-CZ). While the denoted conditions of approval are important to this process, it is not the only/sole purpose of the submitted document. This comment applies to all headers throughout the document. Headers should be modified to reflect the Section/Chapter of the narrative the reader is currently reviewing. e. Section II — Land Use Program of the narrative needs to contained information identifying the current Orange County Future Land Use Map (FLUM) designations for the various properties associated with the Project. Staff is recommending you have a copy of the FLUM as an exhibit within the document denoting the area. f. Staff is requiring Section II be modified to include the following additional information: i. Current designation of area as delineated on the Growth Management System map, ii. Current designation of area as delineated on the Orange County/Town of Hillsborough Joint Planning Land Use Map, and iii. Current designation of area as delineated on the WASAMPBA map. STAFF COMMENT: It would be prudent to include these various maps within the submittal package as exhibits or appendices. g. Page(s) 6 and 7 (Section II—Land Use Program) purports to identify various goals and policies from the Comprehensive Plan purporting to support development of the project. Please specifically identify the Goal/Policy number(s) in the application narrative as it appears within the Comprehensive Plan. h. Staff is recommending you include details on how the project complies and/or promotes the intentions and goals of the Orange County/Town of Hillsborough Joint Planning Land Use Plan as well. i. Throughout the narrative there are discussions related to the various conditions associated/recommended for the Project. Staff recommends in these instances you identify the section/page of the narrative where such conditions are located to aid the reader in finding/identifying same. j. Section 1-2 of the narrative indicates the Project will involve 272 acres. Revise Exhibit 1 to have a total acreage note with breakout of acreage per `district'. • 48 k. On various map exhibits adjacent rights-of-ways are indicated but not all of them are labeled. Revise and label all rights-of-way. Please note you will also need to label and define the utility easement running through the center of the project. 1. Exhibit 6 contains information denoting the zoning designation of adjacent properties. Please add a legend to this map denoting current land uses on adjacent properties as well. m. Exhibit 2 provides basic landscaping/buffering information on the project. This map denotes the presence of streams and other environmental features within the Project. This map will need to be modified to include all water features (i.e. previously identified wetlands, floodplains, streams, etc.) including required buffers. Further all water features within 1,000 feet of the Project will have to be denoted as well. n. A new exhibit/map will need to be created denoting existing conditions (i.e. structures, contours, etc.) on individual parcels associated with the Project. o. Exhibit 3 provides basic information related to the development of the Project. Staff is requiring additional information on this exhibit denoting the following: i. Provide additional detail on how District 1 is obtaining vehicular access. ii. Denote the location of any service road proposed for District 1. p. Exhibit 3 shows location of sidewalks and/or trails. Provide typical cross section detail of anticipated construction of sidewalks and/or trails. Also provide additional detail on composition of same within the narrative and on the aforementioned exhibit. III. PROJECT NARRATIVE -PROPOSED DEVELOPMENT DISTRICTS: a. Section 2-1 Light Industrial/Manufacturing and Research: Staff recommends dropping the work `light' from the title of the District refer to same as: "Industrial/Manufacturing and Research". From staff's standpoint some of the recommended/requested land uses do not necessarily fall into what some might consider `light' industrial. b. Section 2-1 Residential: The narrative and corresponding exhibit needs to be revised to provide sufficient detail establishing the differentiation between the areas considered to comprise the `multi-family' component and the `single- family component. There is currently insufficient detail denoting same. c. Section 2-1 Residential: On or about Page 11 of the narrative there is a brief `intent'section outlining the overall intention of the district as proposed. 33 49 As currently situated the statement is confusing and incompatible with the explanation of the area in question. Staff recommends this paragraph be moved to the introduction section to eliminate existing confusion. d. Section 2-1 Residential: On or about Page 11 of the narrative there appears to be an orphaned statement reading as follows: "Development of all permanent structures and support facilities, including parking facilities, constructed within each established District shall be in accordance with the Design/Architectural criteria as contained herein". As currently contained there is appears to be confusion if this statement is intended to cover all 3 development Districts (i.e. industrial, commercial/retail, and residential) or just the `2' residential subcategories as contained in District 3. Staff believes the intent was for all proposed Districts to abide by the provision. As such we recommend the statement be moved towards the beginning of Section 2-1 before you breakdown individual districts. e. As a general reminder, concern has been expressed by the Town of Hillsborough with respect to the development of District 3 for residential land uses, including the provision of utility services (i.e. water and sewer). IV. LIST OF PERMITTED USES: a. Section 2-2 Permitted Land Uses: Staff is requesting clarification on your intention to use existing/proposed County definitions with respect to various land uses or will the Project have a unique set of definitions outlining what individual land uses may be. As an example what does the term religious facility mean as it relates to allowable development within the Project? b. Section 2-2 Permitted Land Uses: There appears to be confusion within the submitted narrative relating to the proposed table of permitted uses. It is difficult to ascertain what is and is not permitted in a given development area. Staff recommends additional formatting work designed to distinguish between `headers' and the listing of individual land uses. An example of this concept is provided as follows: Use Type Industrial, Commercial Residential Manufacturing,and (Continuing Care) Research ssembl Religious X Social X X Club/Lodge hild care/Educationa 50 c. Section 2-2 Permitted Land Uses: On or about Page 14 there is a listing of various land uses intended to be permitted in all Development Districts. After our last conversation on this topic staff is recommending you include the following within this specific section of the narrative: i. Government Facilities and Office Buildings ii. Government Protective Services d. Staff recommends the development of an appendix within the narrative outlining the similarities and differences between existing allowable land uses within the Hillsborough EDD (i.e. EDH-4 and EDH-5) as well as the Rural Residential (R-1) general use zoning districts and what you are proposing. This information will be essential in demonstrating how the Project is consistent with the overall intent of existing County regulations and with respect to acceptable land uses in the area. V. PERFORMANCE STANDARDS: a. As a general rule in those instances where it is your intention to have the Project comply with applicable County development regulations, a simple statement attesting to same is all that is required within the narrative. b. As with proposed land uses staff recommends the development of an appendix outlining the similarities and differences between existing design standards enforced by the County within the Hillsborough EDD and the Rural Residential (R-1) general use zoning districts and what you are proposing. This will be essential in demonstrating how proposed standards meet the overall intent of existing County regulations. c. Section 2-3 Land Use Intensity: Staff recommends 30% minimum open space area for the Project consistent with current land use policies and regulations. d. Section 2-3 Land Use Intensity: Add language within this section indicating all floodplain (i.e. floodway and the 100-year floodplain) and streams within the Project shall be buffered and maintained in accordance with applicable County regulations as contained in Article 6 of the UDO. e. Section 2-3 Land Use Intensity—Building Height: On a general note there is confusing and conflicting language within the narrative dealing with building height. From a practical standpoint the Project is not maintaining a building height of 6 stories but allows for a maximum building height of 6 stories for development. Language should be modified accordingly to eliminate the confusion. f. Section 2-3 Land Use Intensity — Building Height: Staff is concerned over a carte blanche height limit of 6 stories. Under current land use regulations enforced by the County, the minimum building height within the EDH-4 and EDH-5 general use zoning districts (Districts 1 and 2 respectively) is 40 ft.. Additional height is allowed with the imposition of more restrictive setbacks. 51 Staff recommends you modify this provision to for a 6 story building height limit with the incorporation of more restrictive front, side, and rear yard setbacks for a proposed structure. g. Section 2-3-2 Environmental Factors: It would appear regulation(s) governing noise, vibration air pollution, electromagnetic interference, and hazardous materials as contained within the narrative are consistent with existing County enforced standards as detailed within Section(s) 6.4.2 through 6.4.7 of the UDO. Staff believes a simple reference to same is all that is necessary for the Project. h. Section 2-3-2 Environmental Factors: Page(s) 18 through 20 of the narrative provides information on complying with Erosion Control and Stormwater regulation(s). Language within the narrative indicates the Project will abide by applicable County standards. A simple reference to same is all that is necessary for the Project. i. Section 2-3-2 Environmental Factors: If the Project involves a universal or centralized stormwater facility, please denote the location of same on Exhibit 2 for review and comment. j. Section 2-3-2 Environmental Factors: Within this section you reference a cumulative tracking of impervious surface area for the Project in an effort to verify acceptable levels of development intensity. Language should be modified to include references to this data being an essential component denoting compliance with stormwater management standards as enforced by the County and as detailed in Section 6.15 of the UDO. k. Section 2-3-3 General Performance Standards - Environmental: This section contains language related to development within or near floodplains, wetlands, streams, etc. As previously indicated herein all floodplains, wetlands, streams, water bodies, etc. shall be required to observe applicable buffers as detailed within Section 6.13 Stream Buffers of the UDO. VI. DESIGN CRITERIA—ARCHITECTURAL STANDARDS: a. Staff recommends the completion of an exhibit providing a graphic representation of various building elevations containing the allowable exterior finishes and/or siding materials as detailed in Section 2-4-1 of the narrative. b. Staff recommends the completion of an exhibit providing a graphic representation of various roof designs and allowable screening of equipment (i.e. HVAC, solar, etc.) as detailed in Section 2-4-1 of the narrative. c. Staff recommends the completion of an exhibit providing a graphic representation of various setback and separation standards as detailed in Section 2-4-1 of the narrative. 52 d. Section 2-4-2 Landscaping and Preservation Design: Staff recommends revising this section and corresponding exhibit(s) as follows: i. Denote the currently required 100 ft. Type F perimeter land use buffer along the western and southern portions of District 1 separating the Project from external properties. STAFF COMMENT: The narrative is requesting a 50 ft. Type D land use buffer. Staff is not supportive with a request to reduce the required perimeter buffer current enforced in accordance with the provisions of Section 6.8.12 (C) (1) of the UDO. ii. Include language indicating required buffers along the eastern portion of District 1 abutting Economic Development zoned property shall be consistent with the provisions of Section 6.8 of the UDO. iii. Denote a 100 ft. perimeter buffer along the southern portions of District 3 separating the Project from external properties. STAFF COMMENT: The narrative is requesting a 50 ft. Type D land use buffer. Staff believes the recommended 100 ft. Type F perimeter land use buffer is more appropriate given the proposed development. iv. Adding a condition of approval is that no development and/or clearing activity occur on property within the Project on property zoned Rural Buffer(RB) general use zoning. v. Add language indicating the Major Transportation Corridor (MTC) Buffer shall be maintained in accordance with the provisions of the UDO. This includes allowances for clearing of areas to promote visibility. e. Section 2-4-2 Signs and Lighting: Include an exhibit for the project denoting anticipated location(s) for proposed architectural landmark and entry portal signage as detailed within the narrative. VII. TRANSPORTATION: a. Provide a typical cross section denoting the proposed road construction as well as anticipated drainage for the Project. b. Provide cross section of typical access points intersecting both any internal roadway system as well as connecting to State maintained roadways. c. As staff understands the narrative all internal roadways shall be constructed to applicable NC Department of Transportation public road standards. d. Please revise Exhibit 3 to include any external roadway improvements required by the NC Department of Transportation as identified within the submitted Transportation Impact Assessment(TIA). e. Revise Exhibit 3 to include anticipated locations for bus stops for the Project. 53 f. Include a reference on Exhibit 3 to the provision of proposed park and ride parking spaces as detailed in Section 3-2 Alternative Transportation of the narrative (page 33). g. Staff recommends the placement of a sidewalk running parallel with NC Highway 86 for District(s) 2 and 3. This sidewalk will have to be maintained by the developer in perpetuity and potentially require an encroachment agreement with the NC Department of Transportation. h. Revise the narrative and applicable exhibit(s)to identify the phasing of on and off-site transportation improvements required for the Project. The narrative will need to include a clear explanation of the anticipated schedule for the commencement of development activities associated with each required improvement. VIII. UTILITIES: a. Staff recommends Exhibit 4 be modified to include anticipated location(s) for fire hydrants. Further staff recommends the modification of the narrative to contain a condition indicating final hydrant location shall be review and approved by the Town and County Fire Marshal's offices as part of the typical site plan review process. b. As you are already ware there is a local agreement between the Town of Hillsborough and Orange County concerning provision of utility services. Information contained within the narrative and Exhibit 4 appears to be inconsistent with this agreement. The County will be installing a sewer line towards District 1 under Intestate 40 (I-40). As the Project is developed, staff is of the opinion a request will have to be formally submitted and processed by the Town of Hillsborough requesting extension of sewer lines serving different development districts as defined within the Project. Staff is requesting utility lines denoted on Exhibit 4 be detailed using different colors to differentiate those portions of the project already supporting by the existing utility services agreement, which will require additional review and action. Staff recommends the modification of the narrative to contain a condition that extension of sewer service to District(s) 2 and 3 has to be approved by the Town of Hillsborough prior to the submittal of any development application(s). Further staff recommends the inclusion of language within the narrative outlining the provision of water and wastewater treatment services in the event public water/sewer cannot be extended. c. If the project is not proposing to utilize a reclaimed water system, add a note on Exhibit 4 indicating same. d. Provide note(s) on Exhibit 4 on the anticipated location of other utilities (i.e. electric, gas, cable,telephone, etc.). 54 Staff looks forward to continuing working with you on this project. If you require additional assistance, please contact Mr. Patrick Mallett of my staff at (919) 245-2577. Thank you again for your efforts. Sincerely, !4 ) Michael D. Har -y AICP, CFO, CZO Current Planning Supervisor Orange County CC: Travis Myren, Deputy County Manager • Craig Benedict, Planning Director Patrick Mallett, Planner II James Bryan, County's Attorney Office Margaret Hauth, Town of Hillsborough File 55 To: Michael Harvey Current Planning Supervisor From: Alan Clapp Environmental Health Director RE: Settlers Point Mixed Use Development Michael, It is my understanding that this project will be served by the Town of Hillsborough for water and sewer needs, so Environmental Health will not be involved in the infrastructure of the project. However if the project does contain establishments for Food, Lodging, Institutions or Public Swimming pool then permits will be required from Environmental Health at time of construction. Environmental Health would also permit irrigation and geothermal wells if required for the project. Alan Alan Clapp Environmental Health Director Phone: 919.245.2360 / Fax: 919.644.3006 Website: ttp://www.co.orange.nc.us/env It /index.asp Email: aclapp@orangecountync.gov 919 245 2360 1P 131 West Margaret Lane,. Suite 100 > Hillsborough, NC 27278 uw arangecauntync.gav 00,,MIGE COUly 56 Orange County Emergency Services pa 011111111111 V '111111111' ‘11,,‘ 401111 4111I I 510 Meadowlands Drive Hillsborough, NC 27278 " setzvIcae! ' 919.245.6100 September 21, 2017 Memorandum: Settlers Point Michael Harvey 131 W. Margaret Lane P.O. Box 8181 Hillsborough, NC 27278 Dear Mr. Harvey, I am writing today on indicating that I have no comments at this time but request all site plans/building plans be reviewed by the Orange County Fire Marshal Division to ensure compliance with applicable codes and standards. Infrastructure to support fire protection such as hydrants and fire lanes shall be reviewed and approved by the Orange County Fire Marshal Division,Town of Hillsborough Engineer and Town of Hillsborough Fire Marshal prior to site plan approval. Sincerely, , 411 Jason B. Shepherd Orange County Fire Marshal jshepherd@orangecountync.gov A Prepared, Coordinated, and Integrated Emergency Services System Twtter(a 0(m cm(rgency 57 Michael Harvey From: Chuck Edwards Contact Sent: Thursday, September 21, 2017 2:40 PM To: Michael Harvey Cc: Jones, De Angelo J Subject: RE: Setters Point Michael, Some of the mitigation recommendations by our Conges ion Management Section are not likely feasible because the Applicant does not control all necessary right of way. Prior to me formally identifying required improvements, I need to explore possible alternates.This will take a little time. I appreciate the need to inform the Planning Board but I want to avoid the risk of misinformation as well. Thank you for your patience. Charles N. Edwards Jr., PE (Chuck) District Engineer N. C. Department of Transportation Division of Highways Division 7, District 1 336 570 6833 nnadwandsAnndot.Oov 115 East Crescent Square Drive P. 0. Box 766 Graham, NC 27253 r E'n�Voumeqzundenoe »o and 0u'n this a(biross/tsob/ect»othe IVorth Carolina Public Recoiiis Law and ay be /iscios d to third aitie s. From: Michael Harvey [mailto:mharvey@orarigecourityric,gov] Sent:Thursday, September 21, 2017 8:44 AM To: Edwards, Charles N <cnedwardsricdot.gov> Cc:Jones, DeAnge|o] xd/iones1@ncdot.gov> Subject: RE: Setters Point Any way you could share initial comments that I can share with my Planning Board? Michael D. Harvey AICP, [FM, CZO Current Planning Supervisor— Planner III Orange County Planning Department 131 West Margaret Lane PO Box 8181 (919) 245-2597 (phone) 58 Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. From: Chuck Edwards Contact Sent: Wednesday, September 20, 2017 5:04 PM To: Michael Harvey Cc: Jones, De Angelo J Subject: Re: Setters Point Still pending. Current goal is about two weeks. Charles N. Edwards Jr., PE (Chuck) District Engineer N. C. Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedvvards@ncdot.gov 115 East Crescent Square Drive P. 0. Box 766 Graham, NC 27253 On Sep 20, 2017, at 3:04 PM, Michael Harvey<mharvey@orangecountync.gov>wrote: Can you give me an update on NC DOT's letter on the TIA for the project? Thanks Michael D. Harvey AICP, CFM, CZO Current Planning Supervisor—Planner Ill Orange County Planning Department 131 West Margaret Lane PO Box O1O1 (919) 245-2597 (phone) (919) 644-3002 (fax) Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. Iiiiiiiirrall correspondence to and from this sender is subject to the N.C. Iiiiiillublic I"Records I......aw and may be disclosed to third parties. Iiiiiiiirrall correspondence to and from this sender is subject to the N.C. Iiiiiillublic I"Records I......aw and may be disclosed to third parties. 2 59 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Engineering / Erosion Control / Stormwater 131 W. Margaret Lane (919) 245-2575 Suite 201 u P. O. Box 8181 (919) 644-3002 (FAX) R] iF t : a R 1i t I A Hillsborough, NC 27278 www.orangecountync.gov th SAM / rP .,.1� ////r„�r%-�y/%►///►r 1)1 i�„im'%rf/'(°1r1`�YjI"T�111111r;,r1r1>1r; i y.° ,a,�VIldl alm,u;1 b a 6�f / ° lll 11wJlw F✓;Vr I I f� .R® ® t I) l r�wl �' i f I . I �m� „ t n�• ii „ MEMORANDUM TO: Michael Harvey COPY TO: Patrick Mallett FROM: Howard W. Fleming, Jr., PE, Engineering/Stormwater Supervisor DATE: 09/21/17 PROJECT: Settlers Point, DAC Agenda Item 09/07/17 PIN: Multiple (20) - See Outline Below SUBJECT: Master Planned Development Conditional Zoning (MPD-CZ) Application - Comments The Settlers Point project is proposed to be situated on approximately two hundred seventy-two (272) acres of property, south of Interstate 40, specifically: 1 . A 90.37 acre tract of land PIN# 9863-71-8857 2. A 58.56 acre tract of land PIN# 9863-91-6573 3. A 1 .36 acre tract of land PIN# 9873-11-4636 4. A 1 .65 acre tract of land PIN# 9873-11-5415 5. A 0.50 acre tract of land PIN# 9873-11-7506 6. A 1 .75 acre tract of land PIN# 9873-11-9450 7. A 1 .46 acre tract of land PIN# 9873-11-7247 8. A 4.50 acre tract of land PIN# 9873-10-7937 9. A 34.58 acre tract of land PIN# 9873-20-2388 10.A 2.45 acre tract of land PIN# 9873-10-4310 11 .A 4.21 acre tract of land PIN# 9873-10-4230 12.A 3.27 acre tract of land PIN# 9873-10-8103 13.A 3.27 acre tract of land PIN# 9872-19-6844 14.A 10.09 acre tract of land PIN# 9872-19-3549 15.A 10.01 acre tract of land PIN# 9872-19-8336 16.A 10.01 acre tract of land PIN# 9872-29-2222 17.A 10.01 acre tract of land PIN# 9872-29-8289 18.A 4.00 acre tract of land PIN# 9872-28-6779 19.A 10.01 acre tract of land PIN# 9872-18-7626 20.A 10.06 acre tract of land PIN# 9872-09-8324 S:\5 Erosion Control and Water Quality\Correspondence\HWF\DAC\SettlersPointMPD-CZ\HWF-OC-E&SC-SMMemo(SettlersPointMPD- CZ)092117.doc 60 09/21/17 Page 2 of 2 Memo to Current Planning EC/Stormwater Comments — Settlers Point MPCZ EROSION & SEDIMENTATION CONTROL / STORMWATER MANAGEMENT COMMENTS: The project will have to comply with the provisions of Section(s) 6.14 Stormwater Management and 6.15 Soil Erosion and Sedimentation Control of the Orange County Unified Development Ordinance (UDO), as proposed. According to the application, Settlers Point will be a mixed use development project, including light industrial / manufacturing and research, commercial and residential. All parcels, with exception of the most southeasterly boundary of the proposed residential "District 3" parcels, lie within the Lower Eno Protected Watershed. That most southeasterly boundary along West Scarlett Mountain Road flirts with the Jordan Lake Unprotected Watershed. Both of those watersheds have the same land disturbance thresholds, as follows: • 20,000 SF —An Erosion Control Plan is required • A Stormwater Management Plan is required if cumulative proposed disturbed area exceeds... > 12,000 SF for multi-family residential development, or a commercial, industrial or institutional facility > 21 ,780 SF for single family or duplex residential development or recreational facility. Having reviewed the subject project, Erosion & Sedimentation Control / Stormwater staff members understand this project must proceed through certain discretionary actions in order to determine functional and economic viability, prior to the developers investing in more detailed design and subsequent jurisdictional submittals for compliance reviews and permits. This being stated, we find no fundamental objections to this project moving forward through this discretionary approval. S:\5_Erosion Control and Water Quality\Correspondence\HWF\DAC\SettlersPointMPD-CZ\HWF-OC-E&SC-SM_Memo(SettlersPointMPD-CZ)092117.doc 61 Michael Harvey From: Chuck Edwards Contact Sent: Thursday, October 19, 2017 2:40 PM To: Michael Harvey;Jones, DeAngelo J Cc: Craig Benedict;Jim Parker(jimparker16 @gmail.com) Subject: RE: [External] NC DOT Comments on Settlers Point Attachments: Final Settler's Pointe Development.pdf Michael and Jim, I apologize for my oversight and delay in providing comments for this project.The NCDOT Congestion Management Section has reviewed the TIA submitted for this development and have provided the attached comments and recommendations for access and mitigation of the expected traffic impacts attributable to the site. I concur with these findings. It is noted, however,that included among the recommendations is the construction of a new driveway serving the proposed Phase 1 light industrial component with access to Old NC 86 approximately 1700 feet from the 1-40 westbound ramps and directly across from the proposed residential driveway 1 as proposed in Phase 2. It appears that this configuration would require the Applicant to obtain a right of way or easement across property that is not part of the proposed development and may not be under his control. Alternatives may need to be explored. NCDOT staff looks forward to further collaboration with the County and the Applicant on this project. Feel free to contact me if you have any questions. Charles N. Edwards Jr., PE (Chuck) District Engineer N. C. Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedwards(a7ncdot.gov 115 East Crescent Square Drive P. O. Box 766 Graham, NC 27253 1 y �pf}Y3 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ,�ja HGti. id:,y 62 STATE OF NORTH CAROLINA • DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H.TROGDON,III GOVERNOR SECRETARY August 31, 2017 Settler's Pointe Development Traffic Impact Analysis Review Report Congestion Management Section TIA Project: SC-2017-057R1 Division: 7 County: Orange jotlitiroo -0A cAiip • sEAL r�: = Clarence B. Bunting,IV,P.E. Project Engineer r 029443 • ' Charles V. Sorrell • `a r`' rt Mailing Address: Telephone:(919)814-5000 Location: NC DEPARTMENT OF TRANSPORTATION Fax:(919)771-2745. 750 N.GREENFIELD PARKWAY TRANSPORTATION MOBILITY&SAFETY DIVISION Customer Service: 1-877-368-4968 GARNER,NC 27529 1561 MAIL SERVICE CENTER RALEIGH,NC 27699-1561 Website:www.ncdot.gov 63 Settler's Pointe Development SC-2017-057R1 Orange Au•ust 31, 2017 Per your request, the Congestion Management Section (CMS) of the Transportation Mobility and Safety Division has completed a review of the subject site. The comments and recommendations contained in this review are based on data for background conditions presented in the sealed Traffic Impact Analysis (TIA) and are subject to the ap•roval of the local District Engineer's Office and appropriate local authorities. Date Initially Received by CMS 8/14/17 Date of Site Plan N/A Date of Complete Information 8/16/17 A Date of Sealed TIA 8/4/17 Proposed Development According to the TIA, the proposed Settler's Pointe Development is to be located on Old NC 86 in Orange County, The TIA states the development is to be constructed by 2022 and is to consist of the following: L`and Use Uses Si ands Co .� k. r Warehousing 150 1,248,000 sq.ft. General Office 710 50,000 sq.ft. Continuing Care Retirement 255, 760 units Hotel 310 200 units Shopping Center .820 58,800 sq.ft. High-Turnover (Sit-Down) Restaurant II 932 5;000 sq.ft. High-Turnover (Sit-Down) Restaurant 932 8,000 sq.ft: .: : Fast-food Restaurant with Drive-Thru Window 934 5,000 sq.ft. Trip Geneetation ,Unad�,usted VolumesµDuring a;TypecaIWee day ,.m� ,- _: IN OUT TOTAL AM Peak Hour 811 440 1,251 . PM Peak Hour 696 '974 1,670 Daily TriPi---1 17,620 General Reference For reference to various documents applicable to this review please reference the following link: http://www.ncdot.orp/doh/preconstruct/traffic/teppl/Topics/C-37/C-37.html ' Once the driveway permit has been approved and issued, a copy of the final driveway permit requirements should be forwarded to this office. If we can provide further assistance, please contact the Congestion Management Section. S�gna izaf�on We defer to the District Engineer, the Division Traffic Engineer, and the Regional Traffic Engineer for final decisions regarding signalization. 64 2020 Phase 1 e ---------- Site 0 a � � z a wl I Restrict to RIRO °o 160 125 250 .. �Y_ �►►"[ �[�I j� J— Old NC 86 '1,000;:. -::1,300:-• - <400% .-800:> Full 100 of JIVI4 b Settler's Pointe Development SC-2017-057R1 G= Existing Laneage -t-- Recommended Laneage <— Laneage Built By Others 41— NCDOT Recommendation Existing Signal Monitor for Signal ',... Developer Proposed Signal XXX Storage XXX NCDOT Recommended Storage <XXX:> Distance Between Intersections IPS Internal Protected Stem All Distances in Feet Drawing Not to Scale i 65 2022 Phase 2 ------ - I , I I , Site A aI G� Restrict to R1R0 Cam` 125 4j4 125 �j�250 1 100 . ,ff� 200 _ �Y C d' •:1,000- .700:' �a �Y <6W- c� :400:^ c`� .:800:- •c1,100> g Old NC 86 200� b ',�'Fuli� "I N IRestrict to Directional Crossover I VI aQ I aQ I � I Settler's Pointe Development Site I SC-2017-05 7R1 <= Existing Laneage 4— Recommended Laneage 1---------------------I 6'� Laneage Built By Others 4® NCDO'I'Recommendation ® Existing Signal ® Monitor For Signal Developer Proposed Signal XXX Storage XXX NCDOT Recommended Storage °:XXX> Distance Between Intersections IPS Interval Protected Stem All Distances in Feet Drawing Not to Scale '... Attachment 7 66 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration 131 W. Margaret Lane (919) 245-2575 w° Suite 201 (919) 644-3002 (FAX) m , ° r I' .. E C�� I ��p�� P. O. Box 8181 www.orangecountync.gov NOR "ARO1 IN Hillsborough, NC 27278 a io HUH Nr+7m»�FWa^�r� * fi 114 J/l /�)'/////f 0.a1 ���� pp v it Y � ?7�) 4 ,rc ,,.JJJO r :VV� , r loo''1�Jj1 �; Iir", =�U y4,14 Ji! • ii � Y , 1111 . :. MEMORANDUM TO: Jim Parker, Summit Consultants; File FROM: Michael Harvey DATE: September 19, 2017 SUBJECT: Settler's Point - Summary of Neighborhood Information Meeting (NIM) This memo serves as a summary of the Neighborhood Information Meeting for Settler's Point and MPD-CZD zoning held on September 14, 2017 from 7:00-9:OOpm at the UNC Hospital Hillsborough Campus - Meeting Room HBT 10011. I. MPD-CZD Rezoning and Proposal Overview: The subject area contains approximately two hundred seventy-two (272) acres of property, south of Interstate-40 along Old NC Highway 86. The request includes 20 parcels further defined as follows: Acres PIN 1. 90.37 9863-71-8857 2. 58.56 9863-91-6573 3. 1.36 9873-11-4636 4. 1.65 9873-11-5415 5. 0.50 9873-11-7506 6. 1.75 9873-11-9450 7. 1.46 9873-11-7247 8. 4.50 9873-10-7937 9. 34.58 9873-20-2388 10. 2.45 9873-10-4310 11. 4.21 9873-10-4230 12. 3.27 9873-10-8103 13. 3.27 9872-19-6844 14. 10.09 9872-19-3549 15. 10.01 9872-19-8336 16. 10.01 9872-29-2222 67 17. 10.01 9872-29-8289 18. 4.00 9872-28-6779 19. 10.01 9872-18-7626 20. 10.06 9872-09-8324 The above properties are currently zoned: • Economic Development Hillsborough Linear Office (EDH-2); • Economic Development Hillsborough Office/Retail (EDH-4); • Economic Development Hillsborough Research and Manufacturing (EDH-5); • Rural Residential (R-1) ; and • Special Flood Hazard Area (SFHA) Overlay District. The MPD-CZD request is broken out into the following 3 Districts that allow for distinct land uses: District 1: +/- 148 acres of Light Industrial Research District 2: +/-47 acres of Commercial/Retail/Service Distrcit3: +/-760 Senior Community and Single-family units II. NIM Meeting Overview: The meeting was attended by Orange County Current Planning Staff, the applicants, consultants, the real estate brokers and approximately 24 nearby residents. As specified in the UDO, the meeting afforded the applicant and area residents to review the project, the rezoning process and potential issues. A. Introduction Michael Harvey, Current Planning Supervisor with Orange County opened the meeting by reviewing the basic zoning requirements as outlined in the UDO, the rezoning and other required development processes, the site features and the major elements of the proposal. The applicants then reviewed the overall vision for the development as well as specific considerations for each of the districts and an illustrative rendering of the development. The meeting was then opened up to questions and answers with residents. B. Topics Discussed The topics of discussion included: 1. Traffic: On-site and off-site improvements, the applicant summarized the findings of the submitted Traffic Impact Analysis (TIA) including a breakdown of existing and planned signalization, walking connections between various Districts and the Waterstone Development within the Town of Hillsborough, phasing of existing and projected future levels of service (LOS) for immediate intersections. Comment(s) received from those in attendance included: a. Attendees indicated the TIA did not provide sufficient detail on the timeline for the installation of required improvements. DEVELOPER COMMENT: The Developer indicated the TIA is an overall guide identifying all required internal and external roadway improvements associated with the project. Each development 68 project will be required to submit a revised TIA documenting any and all required improvements that will have to occur to allow for the development of a specific project. b. Questions were asked about proposed walkways along Old NC Highway 86 connecting this project to Waterstone. DEVELOPER COMMENT: The feasibility of a sidewalk along Old NC Highway 86 was being investigated and would be discussed with the NC Department of Transportation, Orange County, and the Town of Hillsborough at the appropriate time. c. Concerns were expressed over the exacerbation of existing congestion in the area as the result of the proposed development. d. Concerns were expressed that development of the project will cause additional traffic on local side roads by travelers looking to access Hillsborough. e. Attendees supported the signalization of intersection points between Old NC Highway 86 and the Interstate but expressed concern that this would increase congestion in the area overall. 2. Land Uses: The developer reviewed the proposed permitted land uses for the project. Comment(s) received from those in attendance included: a. The application needed a clear definition of the various housing types proposed for District 3 (i.e. what is Assisted Living, Senior Living, etc.) b. Concerns were expressed over the proposed internal walking trails in Districts 2 and 3 as leading to potential public safety hazards for individuals using same. c. More information was requested on what type of hotel was envisioned for District 2. d. What type of retail and restaurants would be developed (i.e. fast food, chain restaurants, would a supermarket be developed in District 2, etc.) 3. Open Space and Buffers: The developer reviewed the proposed open space and buffer program including requested modification(s) to the Major Transportation Corridor (MTC) buffer; proposed perimeter buffers; required stream buffer and floodplain buffers, fences, sidewalks and walking trails. Comment(s) received from those in attendance included: a. Concerns were expressed about the proposed 50 ft. wide buffer separating District 3 from properties to the south. b. There was a general concern removal of trees along the Interstate could increase the noise generated by motor vehicles on same. 4. Phasing: The developer reviewed the likely scenarios for development within each district; road improvements, and provision of water and sewer services. STAFF COMMENT: Staff reviewed the inter-local agreement process currently in place with the Town of Hillsborough and Orange County. Further staff discussed where the anticipated sewer line was being located 69 and reviewed the process by which the developer would have to obtain approval to extend water/sewer services to serve the project. 5. Developer Responsibilities: The development reviewed the project's current retail commitments, potential end users, conditions of approval, phasing for infrastructure. STAFF COMMENT: Staff reviewed the site plan development review process for the project reminding those in attendance the approval of the MPD-CZ application merely changed the zoning of the property. All development proposals would still have to abide by the County's formal site plan review process. 6. Hillsborough: Both the developer and County staff reviewed issues associated with potential future annexation, provision of water/sewer services, economic and land use plan modification(s). 7. Adjacent Properties: There was general discussion over the impact the project might have on existing adjacent driveway access points, potential impacts on existing well and septic systems, as well as the potential for later modification of the district to include additional property. C. Conclusion The meeting ended with a summary of the next steps including the Planning Board Meeting in October, and BOCC Quarterly Public Hearing in November. Staff also outlined where to find information on the project via the Orange county website. Attachment 8 —Excerpt of 70 Approved Planning Board Minutes MINUTES ORANGE COUNTY PLANNING BOARD OCTOBER 4,2017 REGULAR MEETING MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Tony Blake(Vice-Chair), Bingham Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; Kim Piracci, At-Large; Township; Alexander Gregory, Chapel Hill Township Representative; David Blankfard, Hillsborough Township Representative; MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Donna Coffey, Cedar Grove Township Representative; STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Tom Altieri, Comprehensive Planning Supervisor; Ashley Moncado, Planner II; Patrick Mallett, Planner II; Meredith Kern, Administrative Assistant II; OTHERS PRESENT: Jim Parker, Settlers Point Developer; Ariel Gamboa, Engineer from Summit Engineering, Ed Sarginey, Traffic Engineer; MEMBERS OF THE PUBLIC; Imbi Kiiss, Charlene Summers, Vicki Berry, Amanda Berry, Ralph Warren, Deborah Markely, B. Tatum, Ursula Stumpf, Ricki Walker, Michael Efland, Joseph Shore, Charles Brantley, M.K. Ramm, Gerald Scarlett, Tara Hulse, Truitt Holmes, Ellen McRae, Deborah Christensen, Jim Record, Joe Chockley, Phllyis Moody, Lindsay Tapp, Michele Dixon, Carol Yavalek, Melinda Wilson, Edward Lourdevwik, Nannie Richmond, Robert Kadle, Ariel Gamboa, Robin Schectman, William Piscitello, Wayne Honeycutt, Janet Marks, Joan Kalnitsky, John Lemaine, Jane Ottara, Amber Dunn, David Liner, BJ Ray, Brenda Tate, J. Davis, Jana Doherty, Sandra Tromba, Craig Burch, Kevin Nicholson, Beverly Scarlett, Ron Spada, Beth Rosenberg; AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL Lydia Wegman called the meeting to order and thanked the Board and members of the public for being present. She went over how the meeting would run and advised that if members of the public wanted to speak,they should sign-in. AGENDA ITEM 2: INFORMATIONAL ITEMS a) Planning Calendar for October and November • November 1 —Planning Board Meeting • November 14—Quarterly Public Hearing Lydia Wegman informed the Board of the several upcoming meetings: Planning Board Meeting on November 1st and the Quarterly Public Hearing on November 141h; the next Orange Unified Transportation (OUT) Board Meeting on October 18117; a Joint Board of County Commissioners (BOCC) - Town of Carrboro Meeting on the October 26th, regular BOCC meeting on October 17th and Nov. 2nd;the Assembly of Governments Meeting on November 16th and an OUTBoard meeting on November 15th. Ms. Wegman noted that Planning Board members'attendance is expected and desired at the BOCC November 14th Quarterly Public Hearing. AGENDA ITEM 3: APPROVAL OF MINUTES September 6, 2017 ORC Notes September 6, 2017 Regular Meeting MOTION by Kim Piracci to approve the September 6, 2017 ORC Meeting Notes. Seconded by Tony Blake. VOTE: UNANIMOUS MOTION by Tony Blake to approve the September 6, 2017 Regular Meeting Minutes. Seconded by Kim Piracci. VOTE: UNANIMOUS 71 AGENDA ITEM 9: MASTER PLAN DEVELOPMENT APPLICATION-SETTLER'S POINT-To make a recommendation to the BOCC on an application for an MPD-CZ (Master Plan Development Conditional Zoning). The proposed project encompasses 272 acres in and adjacent to the Hillsborough Economic Development District(EDD)south of Interstate 40 on both sides of Old Highway 86. This item is scheduled for the November 2017 quarterly public hearing. PRESENTER: Michael Harvey, Current Planning Supervisor Michael Harvey reviewed the presentation. He guided the Board through the additional materials Staff passed out, including a replacement page for the recommendation (page 259), a revised Attachment 7 which is the ordinance amendment to the Orange County Zoning Atlas for this project. Mr. Harvey said that Staff has received a Zoning Atlas amendment that proposes a rezoning of 20 parcels of property, approximately 272 acres of land south of Interstate 40 through a Master Plan Conditional Zoning designation. Mr. Harvey showed visually the area which located both within Economic Development Transition and Rural Residential (R-1)(shown visually), and within urban- designated and rural-designated within the Growth Management Plan. Mr. Harvey said that Staff recommends that the review of District 3 (properties 10-20) be tabled for this discussion this evening, reason being that this area containing said 10 parcels of property is not consistent with the Comprehensive Plan and the way that a Master Plan Development isreviewed. This area is not in a land use classification that will allow the review of this project. Mr. Harvey continued with the presentation and discussed the rezoning of the subject parcels of property from Economic Development — Hillsborough 2 (EDH-2), Economic Development — Hillsborough Office/Retail (EDH-4), Economic Development— Hillsborough Research and Manufacturing (EDH-5) to Master Plan Development Conditional Zoning (MPD-CZ). He also noted that there are portions of the property within the Special Flood Hazard Area District Overlay, and until the Overlay is eliminated, it has to be referenced. District 1 is intended to allow for research and manufacturing land uses (see revised Attachment 7, page 307). The first parcel of property is 148 acres (see breakdown of each Parcel Identification Number in packet)of land to be rezoned to allow for research, manufacturing and industrial land uses. It is west of Old NC 86, south of the interstate, and is currently accessed via a service road. As noted, these properties are located with an economic development transition area, according to the Future Land Use Map of the Comprehensive Plan, allowing for the MPD-CZ. District 2 encompasses 10 total parcels covering 47 acres in area; it is intended to be commercially-zoned. It is located east of Old NC 86, south of interstate, and is currently accessible via Old NC 86. It is also located within an economic development transition area which allows for a MPD-CZ. The intended land uses include office, retail, service operation, hotels, restaurants, etc. He reminded the Board that District 3 is not being discussed at this meeting. Mr. Harvey briefly reviewed the MPD-CZ rezoning process wherein Staff reviews the proposed plan which, being different than a Special Use Permit, does not require sworn testimony as part of the application. The schedule of review of this project started with a Neighborhood Information Meeting (NIM) on the September 14, 2017 per the UDO. The developer held its own neighborhood meetings without Planning Staff for adjacent property owners. The second action in the review process is for the Planning Board to make a recommendation and then the project will go before a public hearing, which if recommended, will go to the upcoming November 14, 2017 Quarterly Public Hearing. Per Section 2.9.2 (F) (3)of the UDO, mutually-agreed-upon conditions can be imposed, addressed compatibility with the proposed development with surrounding property, and proposed development of support facilities and other matters the County may find appropriate, and the petitioner may propose. The applicant and Staff have created conditions through this mechanism. If approved, the Zoning Atlas would be modified to change the 10 properties identified to MPD-CZ, allowing for the development of the Settler's Point project. Mr. Harvey said that the development of individual land uses will be handled by Staff (i.e. reviewing site plans for permissible uses) but there will be no additional Board review. This proposal would establish a zoning district and development will be accordance with the UDO along with any specified condition articulated in Attachment 7 that the developer has asked to be imposed. Tony Blake asked if there would be special uses. Michael Harvey replied that Mr. Blake's question would be reviewed later in the presentation. He continued with his remarks saying that the Boards would only review this proposal again if the developers proposed an amendment to the Master Plan. Mr. Harvey summarized the conditions (25 pages)of which the applicant is imposing. One condition 72 is that the project is not guaranteed utility services by the Town of Hillsborough. With respect to utilities, the applicant must comply with the provisions in the UDO. The developer proposes that the project be served by public water and sewer and Staff agrees. Utility provision must meet UDO and Town standards. Mr. Harvey said that extension of utility services to District 2 shall have to be reviewed and approved by the Town of Hillsborough prior to its development. The County is working on a detailed agreement with Hillsborough but the County has already committed to extend water and sewer under the interstate, which could be used to serve District 1. The extension of utility services to District 2 would have to go through a similar process by the Town amending its agreement to allow for water and sewer to serve District 2. Lydia Wegman asked if the County would do the extension. Michael Harvey replied that it would be on the developer or successor to secure this extension; it is up to the individual(s) proposing the project. Mr. Harvey said that the project must go through site plan review per the UDO and that per the developer's recommendation, all submittals will be subject to an environmental and transportation impact analyses. He reviewed that an environmental assessment(or Environmental Impact Assessment(EIA)) looks into potential negative impacts on environmental features on the property (namely water bodies, floodplain, wetlands), soil composition, best location for a road, and weighs environmental constraints on the property. Staffs site plan review takes into consideration this assessment to ensure that environmental conditions are not exacerbated. The Transportation Improvement Assessment (TIA) is designed to identify internal and external roadway improvements required. Typically, these are only required once certain thresholds are met, but the developer suggested that TIAs be mandatory for every site plan review. These reviews ensure that the data that the developer submitted as part of the master plan application is viable as conditions change over time, and can implemented to reach individual site plan approval. Mr. Harvey pointed the Board to the existing TIA included in the proposal that gives a broad picture of what traffic improvements will be required for this project. The additional submittals of TIAs with site plan review provides Staff with any information on changes, that improvements are necessary and consistent, and that the TIA is approved in concert with the site plan so that it is installed by the same developer. Tony Blake asked when the Department of Transportation (NCDOT)gets involved. Michael Harvey said that NCDOT has been reviewing the existing TIA since March 2017. While Staff has not heard back from them with feedback, he hopes to hear from them soon. Since NCDOT is on an advisory committee that reviews site plans, they will be reviewing all documents along the way. Applicants are also required to document everyday water and sewer needs for a cumulative track record. The Town of Hillsborough will provide courtesy review on this project and will benefit from data on utility needs as well. Landscape plans will detail how vegetation will be cared for. Lydia Wegman asked for a review of the impervious surface area requirements. Michael Harvey said that the developer is required to document existing and proposed impervious surface area as well as building-to-open-space ratios. Since there are mandatory restrictions on total building area for each district and requirements for percentage of open space (based on the building to open space balance), the developer will continue to update Staff on where they are in meeting those thresholds. He noted land use buffers for the project. District 1 will maintain a 100 foot land use buffer along the western and southern property lines, roughly up to the economic development zoning line. There is a 50 foot buffer proposed along Old NC 86. There is a request to allow for thinning in this area to accommodate potential access, parking and stormwater features, along with replanting requirements.As proposed, Staff does not have an issue with the thinning of vegetation within the 50 foot buffer. The Major Transportation Overlay (MTO)will also be maintained along the interstate and has a required 100 foot buffer. The applicant is also proposing for thinning in this buffer, which Staff also finds reasonable since the UDO allows for breaks in the buffer to create visibility, especially since the developer is providing a replanting plan and describes in detail how the area would be disturbed, setting-up reviews in the site plan approval process. The developer provided illustrations of buffers for proposed parking lots in front of buildings (see narrative section). Standards for allowable architectural materials have been met. Transportation impact plans comply with the regulations outlined in 6.10 of the 73 UDO. Specifically, external roadway improvements will meet NCDOT requirements; internal roadways will be public; sidewalks and bicycle lanes will be developed; and 4 bus pullouts and transit shelters will be constructed to serve the project. By design as outlined in the developer's conditions, no structure or building erected will be outside the recommended distance to a transit stops to ensure accessibility. Staff is very supportive of this. Tony Blake asked if building heights and setbacks are included in the plans. He asked if they are following a form- based code. Michael Harvey replied that setbacks and building heights are included and said that the project is not being proposed within a fully-functioning form-based code. Paul Guthrie asked if there is consideration of the expansion of Interstate 40, especially in relation to planning going on adjacent to the right-of-way. Michael Harvey answered that even though Interstate 40 will be expanded in the future, Staff can only plan in the now as Interstate 40 exists. If NCDOT secures additional right-of-way, the buffers, setbacks and other details will be affected, but until this time, people cannot be denied reasonable development opportunities on their property. Mr. Harvey said he is unsure of the time horizon on the expansion and NCDOT is still working out the details. Paul Guthrie replied that he asked the question because he suspects that NCDOT can do expansion within the proposed plan MPD-CZ without a problem, but some of the ramps may require more property. Michael Harvey said in response that the TIAs will help with the integration of these plans over time. The developer can only be consistent with NCDOT comment, and Mr. Edwards with NCDOT has not indicated anything about a large-scale exit ramp reconfiguration yet. Paul Guthrie said that he had seen a map of long-term expansion. Michael Harvey replied that it is a good idea to keep the interstate expansion in mind. Mr. Harvey redirected the discussion to land uses. In District 1, an abbreviated list of land uses includes computer and electronic manufacturing, pharmaceutical research manufacturing, metal production manufacturing, furniture man, food and beverage bottling manufacturing, research facilities, etc. In District 2, commercial services could include retail, professional office, restaurant, recreational land use, health services, hotel and motels, and gas stations. The applicant asked if an elementary-secondary level school could be allowed as part of this project. Staff does not have an objection to the use,just to the use of it by right. The development of a school would be required to go through the Special Use Permit process,just as any proposed school would have to go through. Tony Blake asked if the plan provides for fire services and the like. Michael Harvey responded that it does and that government services (inclusive of protective services) are permitted in every district. Tony Blake said that he knows that they are permitted, but does the development plan take into account the additional resources needed? Building height would affect the fire department. Michael Harvey said that the Orange County Fire Marshal serves on the Planning Department's advisory committee and will be reviewing all site plans . With respect to Mr. Blake's question, he noted that there is a condition that requires the County Fire Marshal and the Town of Hillsborough's Fire Marshal, in consultation with the Utility Director of the Town of Hillsborough, to approve road layout at construction, location of fire lanes, location of fire hydrants and location of proposed standpipes. There will also have to be float tests required. 74 Tony Blake asked for confirmation that this project is located within the County and not in Hillsborough. Is the fire department Orange Rural for this area? He wants to make sure that the local fire department is also included in the review. Michael Harvey replied that yes, it is in the County but will be in the Town's jurisdiction at some point. Buddy Hartley noted that the local fire department is#316. Michael Harvey said that the local fire department can be added to the advisory group on these topics. He believes that Hillsborough will provide mutual aid, especially with the extension of water-sewer.As structures go over a certain height, there will be a sprinkler requirement. Tony Blake said that he wants to ensure that the local department responsible for fire protection is involved in the process. Michael Harvey said that he can accommodate that. He continued with his presentation and discussed the extensive signage provisions. He said that he has heard concerns from Board members and from attendees at the NIM about the architectural landmark as the visual identifier for the development. Staff has shared these concerns with the applicant. The applicant described the development's visual identifier as more of an architectural feature than a sign. Waterstone has the big architectural feature as well. Staff is suggesting that the applicant provide visual examples of the feature. As described, the sign will be subject to UDO guidelines that govern design for an entry portal marker. Staff did not have any major concerns with signage; they just want to ensure that the signage does not exceed square footage requirements, despite this being a high intensity project. Tony Blake said that a project such as this may want a sign visible from the interstate. This issue is better addressed sooner than later. Michael Harvey responded that there are not going to be many opportunities for a McDonald's to come to this site and have the 60—70 foot sign. The applicable signage requirements from the UDO still apply. Tony Blake replied that he had brought-up form-based code for this reason. Michael Harvey said that master planning,at its heart and soul, gives a developer the opportunity to propose different standards to try and address peculiarities of a specific project, and it is up to the BOCC to determine if there is sufficient justification. Mr. Harvey explained that with this project, the Staff and the applicant have been working on how to best apply design standards, landscaping, and signage innovatively and reasonably while following the UDO. There is some flexibility in this project, like with the MTO buffer, that still upholds the County's vision of preservation of the view-shed along the interstate as best as possible. Mr. Harvey said that Staff is satisfied that the application is complete and is consistent with the Comprehensive Plan. He reiterated that Staff and the developer agreed that environmental assessments would be part of all site plan reviews, though it is too soon for a formal Environmental Impact Assessment (EIA) as the layout of the property has not yet been determined. The development is consistent with other existing and anticipated development in this area, and Staff believes that that the land uses are compatible and consistent with what is already allowed in the economic development districts. Mr. Harvey said that the Town of Hillsborough has provided the County Planning Department with its courtesy review comments and expressed some concern about District 3. District 3 was originally proposed as residential, specifically senior housing. Future Land Use Map amendments cannot be updated until the Water and Sewer Boundary Agreement (WASMPBA) and other related documentation is modified to allow for this are to be considered as Transition Area. Per the emails that Mr. Harvey sent to Board members, the Town of Hillsborough and County elected officials are interested in meeting to discuss this further; Margaret Hauth, Hillsborough's Planning Director and County Planning Staff are working to facilitate this meeting. As discussed previously, District 3 will not be considered at this time due to its current land use designation. The Board's options are to recommend tabling the entire application until the Water and Sewer Boundary Agreement (WASMPBA) and Future Land Use Map are modified (Staff is not recommending this option); recommend approval of District 1 and 2 for this project as they would be consistent with current and anticipating 75 development activity and are consistent with the Future Land Use Map,with a recommendation of delaying action on District 3 until the Water and Sewer Boundary Map (WASMPBA) and Future Land Use Map issues are resolved; recommend denial of the project (Staff is not recommending this option); or recommend approval of the application as submitted, including District 3(Staff is not recommending this option). Kim Piracci said that this is the first time she has heard of Settler's Point mixed use development and it seems like with very little information, she has more questions than answers. She said that if she moved to approve this, she does not feel like she knows what she is approving. Michael Harvey said that part of this process is for the Board to ask questions to get a comfort level. He pointed to the detailed, comprehensive narrative that Staff has provided and maps outlining what the area will look like. This project was originally submitted February/March of 2017 and was then tabled. It was resubmitted in August 2017 and this is the first hearing for the Planning Board to review the project. The narrative provides the standards for developing this project. Since this is a master plan, there are not specifics on where exactly a hotel or a motel or an industrial site will go. Board members are being asked to approve the zoning and regulatory limitations that will govern this project overtime, from setbacks to land use buffers to parking requirements, etc. Staff will utilize the Board's approval to approve or deny the developer's site plans as they come forward. This is different than a Special Use Permit application is required to have a site plan showing how the property is going to be developed. Rather, this process is a rezoning process. Design standards and criteria can and are going to be opposed. This criteria will be the basis for approval of site plans as Staff moves forward. Kim Piracci asked what Michael Harvey meant at the beginning of his presentation when he told the Board that this was the last time they would see this project. Michael Harvey replied the Board would be approving the zoning district. Site plans are going to be reviewed by Staff, subject to permitted uses in the UDO. What he meant was that the Board will not see site plans for this project, unless the concept of the school moves forward. He did note that the school would need a Class A Special Use Permit and that application would go through the Board. Tony Blake asked if Staff had received much public comment on this application. Were people concerned? Michael Harvey responded the NIM notes that go over concerns and other comments are included Attachment 5 in the packet. Mr. Harvey said that people were concerned about traffic impacts, congestion and congestion management. There is a TIA outlining what external traffic improvements will be required to accommodate the project. There was also some concern that this project could even be served by water-sewer. Staff made the aforementioned conditions regarding this concern. Additionally, there were concerns expressed about the intensity of District 3. There is also buzz in this project because of the economic development interest it brings to the County. Neighbors at the NIMs also expressed concerns about noise and air pollution. There are regulatory standards of which the applicant is aware that will hopefully address these concerns. Tony Blake said that he did not get the impression that the public would have more time to comment on this if the Board approves it tonight. Michael Harvey said that the public always gets the opportunity to comment on any development project that goes through Orange County, even if the project is permitted by right; and they get to comment tonight and at the BOCC public hearing. However, they cannot influence the outcome. Staff is reviewing and taking action on permitted land uses, most of which could already be developed in this area. From Staffs standpoint, the benefit of the project going through the master plan process is that it gives a comprehensive approach of developing roadway standards and addressing buffer issues, purposeful utility management in coordination with Hillsborough. The master plan process helps establish a zoning district that addresses some of the applicant's needs, the Planning Department's needs, and economic development needs in the County. There could still be limitations that impact this project, just like any project. 76 Tony Blake said that the streamlining is clear. He wants to make sure that the people affected by the project have been listened to. Michael Harvey said that the applicant's gone to great lengths to alleviate concerns, as has Staff, by making conditions of approval that address concerns. Mr. Harvey said that unfortunately, nothing is perfect. However, the application represents a reasonable move forward in this area of the County, and as Staff continues to address external roadway improvements, ancillary agencies will have more ability to compel some modifications of roadways that may impact certain components of projects. Lydia Wegman acknowledged Paul Guthrie to speak. Paul Guthrie asked a couple of questions: Has there been a formal analysis on the capacity with potential increases for water and sewer?And to what level? Michael Harvey said that he will let the applicant answer that question. Paul Guthrie asked-Who is going to pay for the expansion of the facilities if Hillsborough takes on the responsibility? Will the water supply be from Hillsborough? Michael Harvey said that was not a question he could answer. Paul Guthrie asked about a transmission line about a block-and-a-half from the site. Have there been discussions with the power company about this line? Michael Harvey replied that no, there have not because no site plan has been submitted yet. While Staff knows there is service availability, it is currently unclear which use will be reviewed for approval first. It is incumbent upon the developer to make improvements on utilities for the good of the project, just like any developer in Orange County when it comes to utility upgrades. As site plans come-in, the Town of Hillsborough will decide if they can handle capacity,and if they cannot, the use cannot be approved. Paul Guthrie asked if the developer will pay for additional costs associated with this. Michael Harvey responded that if a developer wants utility upgrades for a project, they will have to pay for it. He cannot comment for the Town of Hillsborough. Paul Guthrie noted that there has been an interesting dialogue going on with Hillsborough on this project, as he read in the materials provided. Michael Harvey agreed and said that most of that dialogue is on District 3. Ms. Hauth's letter voicing concern over the Town serving a residential project this far south, outside the Town's corporate limits, is included in the materials given to the Board.These are the issues to discuss further. Paul Guthrie said that Hillsborough will have to weigh capacity of water needs/use based on what gets built on the site. Michael Harvey replied that applicants have to provide information for site plan review to figure out these very issues. Craig Benedict said that in regards to water capacity for District 1, the agreement that the County has with Hillsborough does have a certain allocation — 108,000 gallons/day. This is part of the agreement in that area. Any uses that come forward will have to spread-out over the 148 acres or so to accommodate the capacity. For other issues outside of District 1, District 2, and possibly District 3, there will have to be an independent agreement between Hillsborough and the developer to negotiate water and sewer consumption. The County is involved with the 77 District 1 agreement because the County is involved with getting the sewer system under the interstate and beginning the loop of a water system to support that project and more. Michael Harvey said that Staff's recommendation is for the Board to receive this application, to deliberate, and consider the following recommendation: Table action on District 3 with a recommendation to the elected officials that this area (District 3) come back to the Planning Board for continued review and discussion for your April 2018 meeting. If there is action that would enable District 3 to be acted upon by the County, the Board would have sufficient time to do so. Staff wants to avoid the unnecessary re-advertisements if the Planning Board can review this at a later time after the elected officials make a recommendation. Tony Blake asked if NIMs for District 3 are done. Michael Harvey replied that the NIMs for the entire project are done. He continued with the recommendation. Staff recommends that the Board approve the Statement of Consistency in Attachment 6 with the provision that any references to property in District 3 be eliminated; approve the ordinance, Attachment 7, which has already been modified to eliminate references to District 3. Mr. Harvey said that he will fix some errors in Attachment 7 at the appropriate time, once he gets more direction from the Board. He turned the presentation over to the applicant. Someone from the audience asked when the public would be able to make comments. Lydia Wegman replied that the applicant will make his presentation and then the public will be invited to speak. Jim Parker introduced himself and said that he is representing Old NC 86 Partners as the developer and applicant. He also introduced the engineer for the project, Ariel Gamboa from Summit Engineering and Ed Sergainey, Traffic Engineer. Mr. Parker said that Michael Harvey and Craig Benedict did such an extensive presentation that he would not show the same maps again, but would focus on the history of the project as he and his partners see it, and then take questions, listen to the public and try to respond. He said that he has lived and worked in Hillsborough for over 30 years, and in that time, has worked on various development. He and his partners are very familiar with the County and the Town from working and living in the area for many, many years. The County has had its Economic Development Districts (EDDs)for a long time and they are meant to provide economic benefit for the County and the Town. He said that they saw the Hillsborough EDD as a gem. The subject area has one of the best interchanges in the County and it is close to Hillsborough. He said that he believes the development will provide a transportation market, a transient market. This does not mean that the development is not of quality or second rate in relation to this market; but it is positioned well to provide economic development and benefit the tax base. For the last 2.5 years, Mr. Parker and his partners have been assembling properties in the southeast quadrant (showed a map). He said that they set the template for the development for the site plans that would occur in this area. The land uses presented mirror what the County has already identified as viable for the subject properties. He said that they are bringing an assembled mass that will spur development. It is very difficult for development to occur on a 1 acre property, but the properties collectively together give the uses a palette through which the development can occur. Mr. Parker thanked the Board for its consideration of this project and hopes that they will vote favorably for it. He said that they are here to answer questions. Lydia Wegman thanked him for the time he put into evolving project and for involving the Planning Department, Michael Harvey in particular. She recognized Paul Guthrie to ask a question. Paul Guthrie said as a follow-up to his previous question, has asked Mr. Parker if he had any conversations with the Town of Hillsborough about who is going to pay for the expansion of water services and treatment facilities if necessary. Jim Parker replied that in regards to utilities within the site, within the public right-of-way, other than the sewer and water infrastructure discussed by Mr. Harvey and Mr. Benedict, the developer would pay for it. He said that there is capacity, but they have not yet identified what may be needed to improve the capacity for the development. At this point, they do not know exactly the volume, based on the buildings. Development will be done on a piece-by-piece 78 basis. If it were to reach that limit, and the capacity was not there to reach the next site plan, the developer will have to pay to expand the capacity. Paul Guthrie said that he asked the questions because some years ago he was involved in the funding and building of some 200 community treatment plants in another state and provided a water supply. The biggest trap was when developers came with grand designs when they heard there was land available, and then the community got stuck with building a new facility without recourse to keep money out. The result was great burdens on the small communities without great capacity ability. Jim Parker responded that he appreciated the comment and that as Mr. Guthrie knew, there are good officials working on these issues that will not let a scenario like what he just described happen. He noted a water line (16 inch)in the right-of-way off Old NC 86 that has been serving Hillsborough from OWASA for years. It is now becoming Hillsborough's to meter. The sewer line being put in will be 12 inches in diameter. There has been some planning and sizing of the lines for the areas in the EDD, with the anticipation of a certain volume being generated from the land uses. David Blankfard asked about the neighborhood meetings that Mr. Parker held separately from the Planning Department. How did it go? Jim Parker thanked him for asking that. He said that they have held 3 neighborhood meetings: September 2016, August 2017 and September 2017. The meetings have been generally well attended.At the first meeting, they mostly talked about the area itself since they did not have specific plans together at the time. There were questions from adjacent property owners that live outside of and south of this property. These neighbors have not come back to subsequent meetings. There have been concerns over types of uses, traffic, but generally, no concerns from individual property owners with specific things they wanted from the developers. The attendees have been well- informed and he said that he and his partners have listened to them. Tony Blake asked if in the project would expand in the future if additional adjacent properties became available. Jim Parker said that they have reached out to most every property owner in the area and offered to buy their property to make it part of the development. The properties in the development are a result of property owners selling their lots to Mr. Parker's group. Tony Blake responded that he sees the challenge facing the County that there are no big areas for development,just segmented properties. Jim Parker said that other EDDs look similar; it's just the way it is. There are a lot of little properties that need to be amassed to do a development. Michael Harvey made a point of clarification. He said that if the development secured additional property, the Settler's Point Master Plan would have to be amended to add the additional properties into the proposal, which would initiate another public hearing process. If Settler's Point is approved without District 3 and District 3 becomes possible to develop later on, the developer will have to go through an entire new process to do so as well. Lydia Wegman asked for clarification. If the Board tabled District 3 this evening, there would not be a need for an entirely new process, unless District 3 is withdrawn. Michael Harvey said that this is correct and added that if District 3 were to come back to the Board but there is no movement forward on the components still needed for it to be viable, the Board may recommend that it is denied, and it would have to go through the process again as well. Jim Parker said that they are supportive of Staff's recommendation. 79 Kim Piracci said that she did not do her homework to study the materials for this development. She cannot make an informed decision on any of the items tonight. She said that she suspected that other members may be in a similar position. If she recommended that this item be tabled, the world would not come to an end. What is the worst that would happen? Michael Harvey responded that if the decision is to table the entire project, it will be tabled and brought back up at the Board's November regular meeting. With the delay, the project would not be going forward to public hearing in November because there will likely not be enough time to get it to the BOCC. He recommended that she ask Mr. Parker any questions. He also said that he would need direction on what Staff should provide in terms of more information or direction. Kim Piracci said that she needs more time to study this project. She feels like this is too much to go forward with, for her personally. Lydia Wegman said that she appreciated Ms. Piracci's comments and gave Mr. Parker a chance to respond. She said that she would also like to know how other members feel, and wanted to give the public a chance to comment. The public has been extremely patient. Jim Parker said that he understands Ms. Piracci's position. He said that on his end, they are on a timeline and have a contractual obligation. Mr. Parker said that he does feel like the world would come to an end for he and his group. He wishes the project had been ready to move forward this past spring but here they are so much later. He said that he really hopes the Board approves the project. If anyone has questions, he will take as long as it takes to answer all of them. He thanked the Board. Lydia Wegman turned to the public for their comments. She thanked them for being patient and asked people who wanted to speak to come forward to the microphone. Beth Rosenberg said that she lives off Davis Road and she is in the same boat as Ms. Piracci. She did not know about this important meeting until she saw a sign. She did not find information about the project online. She wished that the developers had also met with property owners in the area at large since the interstate entrance/exit she uses to get home is the same entrance/exit as the proposed development. Her neighborhood will be impacted. She noted that already Old 86 can get busy with back-ups from the highway and more traffic on Interstate 40 is concerning. She is also concerned about environmental impacts of the project on her neighborhood. Lydia Wegman thanked Ms. Rosenberg for her comments. She noted that the notification requirement is only to property owners within 1,000 feet of the subject property/properties of the intended development. Janet Marks said that she lives off of Davis Road in a small neighborhood. They chose their neighborhood because they could easily get to Interstates 40 and 85 but also live in the country. As a neighborhood, they have not been involved in the discussion. The signs on the side of the road notifying the public about these meetings were too hard to read and were put in places where it was too dangerous to pull-off the road and read them. She said that there is so much traffic already (for example, 4 dead squirrels on the road in one day). Both the heavy as well as the light environmental impacts all matter. Living in the country to her means that lights are dim. She conveyed her frustration in not being included in the neighborhood meeting process; her neighborhood is very much impacted by this proposed development. Gerald Scarlett said that his driveway is Scarlett Mountain Road, the southern boundary of the subject property. His property goes about a half a mile back into the woods. While he came with a lot of questions tonight, he is not going to ask them because they involved District 3. One of his main concerns is with water. If the County is so concerned about "going green" and renewable energies, the point should be made that there are no renewables for water. He said that he lives at a high elevation and has a line of sight to the Sharon Harris Nuclear Power Plant when the skies are clear. The proposed development is at a lower level than his property. His well was made 250 feet down through solid granite. Even though the discussion has been about public water infrastructure, the development document 80 online shows the digging of wells for landscaping purposes, and the wells would be used when storm retention ponds are dry, for irrigation. This is of great concern —if retention ponds are dry during a drought and then the wells will be used and he may not be able to get access to water while the trees in the development look nice and pretty. This concerns him as an individual and he thinks it should concern everybody in that area. He does not know how big the water table is but he thinks it needs to be considered. He is also concerned about traffic. He knew a development like this would be coming since the state took part of his property to build interstate 40. It is incumbent on the County and the state to do something about Old 86 before this kind of development goes in, or at the same time. Driving from Carrboro to Hillsborough on Old 86 can be dangerous. Bicycle lanes may be created for this project but bicycles are going to be traveling from Old 86 to get there. He hopes that the Board and the developer will consider his comments. He said that for himself, he would say leave everything like it is, but he is trying not to be one of those people. He asked that they consider the problem of timing for this. Vicki R. Berry introduced herself and said that the former speaker was one of her school mates. She said that she is a Hillsborough native and involved in Hillsborough activities. She said that she and her family live off Old 86 South, on a small farm. She talked about her upbringing of going to a church and being a part of a sharing community of love and hope, not destroying and taking from each other, and displacing families. She said that she and her family want to stay where they are and nurture it to be what it once was and help it to grow. She is not against economic growth; she is for it and for schools and for health. She recently retired to take care of her granddaughter and is from a family of artists, attorneys and teachers. They all want economic growth but with less congestion, less development and other populations moving in. Such big changes can all be detrimental to children and their growth and development. Maybe there could be development of schools along the development area. She is also considered about the traffic but is in support of water and sewer along Old 86. She supports progress as long as it does not interfere with people's wellbeing and privacy. Joseph Shore said that he lives off of Old 86 and the proposal would be building all the way around him. He just bought his house a year ago. He agreed with Ms. Piracci that delaying the project would not end the world and could provide benefits to have a greater understanding of the impacts. He said that with all due respect, he disagrees with Mr. Harvey. He thinks that the NIMs were not well attended (6 — 10 people) and should have been expanded to neighbors who lived closeby but outside of the 1,000 foot notification area. He encouraged the Planning Board to take its time, do what they think is the best decision for this area and the people who live there and the overall County. His questioned if the proposed zoning change would be all around him. His parcel is not included in the zoning change but it is one of 4 parcels surrounding the development area. How will the zoning affect his property? How will it affect the sale of his home? If his property zoned differently than everything around it, will he have to get it rezoned for it to be marketable if he want to sell it one day? Lydia Wegman asked Michael Harvey or Craig Benedict to try and answer this question and discuss the process Mr. Shore would have to go through for a rezoning. Michael Harvey said that the decision would be between Mr. Shore and the developer, not the County. He has a residentially-zoned property surrounded by economic development-zoned property, and it has been on the map that was since the 1980s and 90s. Many of the uses that the applicant is proposing can already be developed on these parcels as currently laid out. This process does not change Mr. Shore's property. His property can still be used for residential purposes and it is still surrounded by economic development-zoned properties that could be developed, even if this project gets denied, based on the UDO as it exists today. Tony Blake asked about the changes to any setbacks that are currently in place. Michael Harvey said that there is still the 100 foot buffer around the project. If someone wants to sell their property, it is incumbent upon he/she to do this. Regardless of whether or not the Board approves this project tonight, these parcels are economic development-zoned; water and sewer are already being extended to the area through an inter- local agreement; thus, there are already opportunities being set-up with this area. Tony Blake said that development could not affect the buffers by which Mr. Shore's property is protected. 81 Michael Harvey agreed that the perimeter buffer would remain the same. He showed District 1 visually and how the 100 foot buffer is situated around the development. He also noted buffers around streams and floodplains per Section 6.13 in the UDO. There is a condition that the applicant adheres to those standards and requirements. He also showed District 2 and certain properties on Old NC 86 that are also zoned Economic Development and are not a part of the project. Tony Blake asked Mr. Harvey to point to Mr. Shore's property on the map(displayed on the screen). Michael Harvey pointed out Mr. Shore's property on the map. Lydia Wegman thanked everyone for their questions and feedback. Corinn Shaker said that she lives off of Davis Road as well. She said that her concerns mirror those her neighbors have expressed. She explained that she has lived in Hillsborough for the past 11 years and has watched businesses start and empty out. Why is the plan to expand and development outside of Hillsborough when it seems like there are places inside of the Town that are dying in a sense? She voiced concern that Hillsborough would one of those communities with a vibrant downtown with an area in between Old 86 and Interstate 40 that is dying, and now there is a development like District 1 and District 2. Why not go back and reinvigorate the parts of Hillsborough that have not been doing well? She does not understand this dynamic. She said that if the Planning Board votes on the re- zoning, they will have no other control after it is zoned residential over what is developed there. Lydia Wegman said that portion of the development being reviewed is not residential; it is light industrial and research in Distirct 1 and commercial/retail in District 2, not residential. These properties have been identified since the '80s and '90s that the County wanted to focus on for economic development. The current zoning is for economic development. Corinn Shaker commented that the Board still does not know definitely what will be developed in District 1 and 2; there could be a hotel or a restaurant or a pharmaceutical company. Lydia Wegman said that the Planning Board would not be able to approve any of that anyway. The Planning Department will be reviewing this. The provisions of the master plan allow for specifics to come in later. Corinn Shaker replied that she can understand that. She still just feels shocked that she did not know about the development. Why is the County not working to fix what is inside of Hillsborough before focusing out? Lydia Wegman responded that that would not be up to the Planning Board but rather individual developers and business owners. It is not the Board's job to tell them where to go. Tony Blake agreed that this would be out of the Board's scope. The Planning Board is an advisory board. Corinn Shaker said that she is just putting her concern out there about how Hillsborough is evolving over time. Tony Blake confirmed that Davis Rd. is in the County's jurisdiction. He thanked Ms. Shaker for her comments. Joan Kalnitsky said that she also lives off of Davis Rd. Her concern is District 1 and the light industrial permitted uses described on pages 309-310. She is concerned about the noise. She tried to read the document but it was exhausting to read. She read that noise and light will be governed by County standards and she does not know what that means. There are over 70 homes in the Davis Road community mentioned earlier; it is a not a small community. Their community has consistently voted to keep it dark in terms of lighting enhancements. She said that even though residents there are not within 1,000 feet, they are within 1 mile of the proposed development. If the proposal goes through, the flavor of the area is going to change drastically. She wished that the community had been invited to the NIMs. She hopes that that Board will ask for more information on what light industrial uses are considered, which 82 could potentially include a textile mill, which would change their lives dramatically. She asked the Board to consider her comments, to read over the packet thoroughly, ask more questions, and better understand the potential impact of unknown the light industrial uses. Tony Blake and Lydia Wegman looked to Michael Harvey for more information on light industrial uses that the speaker mentioned (referring to page 314). Michael Harvey said District 1 is, by its zoning designation, and as defined in the current UDO, a light industrial zoning district. He said that the County is currently revising its Table of Permitted Uses and that the Board has been participating in reimagining what the Hillsborough Economic Development Districts would be like, going back a year ago. The Planning Board and the elected officials recommended expanding the uses in general, including in this light industrial and research zoning district, EDH-5. The permitted uses listed in the application narrative are the same as those listed in the application. Tony Blake said he knows that the Table of Permitted Uses is being redone. Is it the case that if a use is not identified as an allowable use in a zoning district, it is permitted by default? Is this a state ruling? Michael Harvey said yes, Mr. Blake is referring to a state court ruling. Tony Blake asked if the master planning process protects the area better than what the Table of Permitted Uses lists. Michael Harvey said that it sort of does.As a condition, the developer agrees to the list of permitted uses spelled-out in Staffs conditions of approval, and understands that this is all he gets. Thus, there cannot be the same reaction for a use that is not listed, which could mean that by definition, it is permitted. One benefit of the master planning process it that the aforementioned argument will not stand, based on conditions set and agreed upon. As Board members and Staff have noted, there will be a Table of Permitted Uses that will allow for a lot of these activities that are not going to be completed in a comprehensive manner consistent with the UDO, but that process is not this process. For example, typically, Staff can only require EIAs and TIAs if certain thresholds are met, whereas this with master planning process, a condition is listed that mandates it. There will now be mandatory assessments, based on the conditions, on how development of this project could impact Old 86 and the interchanges on the interstate. While everyone's concerns may not be addressed, the master plan process does allow for more opportunity to work with a developer to establish reasonable conditions, especially with respect to environmental and transportation impacts at the site plan level. If thresholds are not met, Staff does not usually have the opportunity to require a developer consider the impacts of environmental and transportation impacts. He said that there was some concern about not being able to find information on this project. The application is on the Planning Department's website with a link to the Settler's Point website. The existing TIA is also available for study(a 600+ page document). Amanda Berry Shocklu introduced herself as Ms. Berry's (previous speaker) daughter. She lives at 3303 Old 86 in Hillsborough. She said that they have about 8 acres of land. She said the family is working with someone to get rid of some trees on the property. She had heard that she needs to have a certain amount of trees on the property to turn a profit from logging. The wooded area on the property currently has a lot of snakes which is a concern for her. She also said that her family would like to be connected to Hillsborough's public water expansion instead of using her current well,which she worries is not clean. Tony Blake said that he is not sure if the expansion of water-sewer will affect her property. There would be a fee to hook-up. Lydia Wegman said that Mr. Harvey could provide some guidance on how to begin the process. Michael Harvey said that the first step is figuring out if her property is in the primary service area where water-sewer services are being extended. If it is located there, she needs to petition the Town of Hillsborough. If their property is not within the service area, they will not be able to get public water at this time. Mr. Harvey advised Ms. Berry to 83 come to the Planning Department to meet with him on concerns around the development of her property so that he can provide the best information, instead of answering individual questions about her property at this meeting. Lydia Wegman agreed that the best thing to do is to contact the Planning Department and setup a meeting with Mr. Harvey about both of the issues she raised. Tony Blake said that he sympathizes with her about the snakes. Craig Benedict agreed that for those specific cases, it is best to meet with Staff at the Planning Department. Debra Markley said that she also lived off of Davis Rd. She said that she frequently walks on Davis Rd. in order to get to another development to be able to walk for a distance. She said that with the increased traffic that is trying to get to Orange Grove Rd., she worries that the area will not be walkable or safe with even more traffic. She is also concerned about light from the development as well as sound issues. She moved to her community 19 years ago and she has seen development now where areas are clear-cut to make way for Waterstone (mixed residential) and for development with the Sportsplex. She is most concerned about development with District 1 with furniture and textile factories and chemical uses. These uses really concern her. She asked that the Board to take a month to study this. Randy Marshall asked how long ago the area was established as an Economic Development Zoning District. Michael Harvey said that it was established in the late '80s. The Hillsborough Economic Development District was created as it currently exists in the mid to late'90s. Randy Marshall said that it sounded like the possibilities for many of these uses have been there for 20 to 30 years. Michael Harvey clarified that there are land uses as part of this application that are currently are not allowed. He said that said land uses have been discussed in several forms with this Board and the BOCC as uses that these bodies want to see. The applicant has mirrored its application based on the proposed changes in the Table of Permitted Uses. There are aspects of this project that are currently permitted. If the question is, could there be some type of industrial operation in this project, the answer is yes. Would it be reviewed under the current confines of the UDO? Yes. This area has been encouraged and promoted as a good area for heightened economic development. Randy Marshall said that several people have pointed out that they know that something is coming to the area and no one wants to have their quality of life impacted by the area being developed, but the County wants to develop it. He said that the Board is trying to make the best decision about what goes into the area. Michael Harvey said that it is also important to note that up until recently, there have been limitations on development in this area; most notably, lack of infrastructure. That's about to change, he said. In a way it is inevitable that this area be used for economic development, notwithstanding utility services, and because it is one of the last interchanges in the area that has not seen appreciable development. The scarcity of land like this positioned near interchanges will make this area attractive. These are the facts but these comments are not meant to make the Board act now. He made the point again that the necessary tools to make development more possible in this area are being extended. Lydia Wegman asked Michael Harvey to identify which of the uses listed on page 314 would not currently be allowed but that are being considered for inclusion in the revised Table of Permitted Uses. Michael Harvey said that most of these uses on page 314 will be included in the revised Table of Permitted Uses, based on the directive Staff has from the Planning Board and the BOCC. There is not a lot of distinction, and the developer used the Table of Permitted Uses discussion to influence what the County wants to see land use-wise. In consideration of the purpose and intent of this zoning district, there could be a heightened level of industrial uses allowed, once the Table is adopted at some future date. 84 Craig Benedict said that the regulations that the County has put together, in anticipation of this land use implementation that has been on the map since the '80s, takes into account the impacts that community members voiced. Traffic-wise, road capacity is evaluated by the TIAs. When traffic from this project meets certain thresholds, the developer has to make improvements. Mr. Benedict said that this is not a case where the project continues and someone else fixes the project later. Many residents raised concerns about lighting. Orange County has one of the best"dark sky" ordinances in North Carolina. The lighting program in Section 6.11 of the UDO requires that light be limited and directed down. In terms of the environmental issues, the site-by-site EIAs will be considered alongside master planning for stormwater management which protects the water table. Even though wells are permissible within the development, they may not necessarily have to install them. It could be the case that stormwater areas down to groundwater could provide the water for irrigation and other landscaping. Tony Blake asked if there is something that can be done to restrict the amount of water used from a well during a drought. He acknowledged the technical solutions but asked if verbiage could be added to address the issue. Craig Benedict responded the water table in Orange County is not in the typical stratospheric table seen in other parts of the country. It is in granite. The creation of a well is about hitting the right cracks in the rock. Since there are some adjacent properties with wells that are outside of this project, if there are wells are requested in the future for landscaping, Staff can direct the developer to an area with the least susceptibility of affecting nearby wells. Tony Blake said that there could be something codified about this issue. Craig Benedict noted that the protections as part of the MPD-CZ are more intense than in general use zoning. The amount of uses allowed in a master plan development is a restricted list from the full list in the Table. There are more precautions in a MPD-CZ, with traffic impacts, and more comprehensive development that is a value to everybody and to the surrounding Towns, and people who use the roads in the area. This type of project takes a better look at all of the impacts on-site and off-site. Kim Piracci said that she understands that it has been established that the County has and wants to develop this area, and this is a valuable area. She asked if developers tell Board members what they are planning to do with this. Craig Benedict replied that there is not going to be 272 acres of development all at once. The perimeters will be set with approved zoning and then the developer will market the property. In this case, there is not a specific site plan or use that says that an Ikea is coming here; it is not this type of proposal. This type of proposal develops the road pattern - the utility pattern, the use pattern, the buffer pattern, and other such patterns. Once something like this is established, there will be more activity and will be prepared to a higher level than in the past for the advent of the infrastructure being put into this area. In the early '80s, 1-40 was not there. The impact of 1-40 spurred interest in creating an interchange and jobs. This project will likely feed off of the interstate with people going to work from the rural areas of the County. The traffic here is interstate-related to a large degree. Kevin Nicholson said that he lives at 1006 Davis Rd. He said that he is part of the sixth generation living on his property; he lives in his grandfather's house. He raises chickens, cows and has a farm (farm use value program). This proposed development within a mile of the house. He said that he can remember a time when there was a proposal to widen Davis Rd. to 5 lanes. Everybody from his family and in community fought this proposal off. Is there a plan to widen Davis Rd.with this project? He knows that something will have to be done with Old 86 eventually. Jim Parker said that his project is not proposing the widening of Davis Rd. Craig Benedict said that there is long range planning for road patterns. Based on the long range planning going on, he can say that there are no long-range plans to widen Davis Rd. but there are plans to widen NC-86 over the long- term and short-term. The road between Old 86 and new 86 through the Waterstone development was part of the Planning Department's planning efforts 15 years ago. There may be a traffic light at Davis Rd. someday, when it meets NCDOT's needs. 85 Kevin Nicholson said that in regards the economic development zoning in the `80s, he would not know anything about such a plan formed when he was a kid. Will economic development zoning continue down Davis Rd or continue towards Carrboro? Craig Benedict said that even though economic development plans have been around for 30 years, and they have only gotten this far. The long range planning in Orange County focused on interchanges, like at Mt. Willing Rd., Buckhorn Rd., and there will be plans for the US 70 1-85 interchange in the Eno Township. There are about 3,000 acres of land zoned for economic development and Staff does not see an expansion. He also noted the Water and Sewer Boundary Agreement (WASMPBA) between Hillsborough, OWASA, Chapel Hill, Carrboro and Orange County. This boundary starts around Davis Rd. and flows north towards the Hillsborough sewer system. From the south of the Davis Rd. ridge, it flows towards Jordan Lake. The department has a compact development pattern that keeps it development clustered as close to cities and towns as possible and will not be running down Old 86 or new 86. Kevin Nicholson said that he knows that the Board is going to do what they are going to do. If he had the kind of money that developers had, he would buy all that land and keep it the way it was. He thanked Board members for their time. Lydia Wegman thanked Mr. Nicholson for coming to the meeting. John Lemaine introduced himself as a taxpaper who lives in a community off of David Rd. which is outside of the 1,000 ft. boundary. He said that he would be most considered if there was a District 3 at this point. He thanked Mr. Harvey for his explanations but said that he was still unclear. Is the plan to change District 3 from rural to economic development of some sort? He said that this is different than the established zoning of District 1 and 2. He said that a change in zoning for District 3 would establish a change to the community and he is concerned about this. He said that he did not quite follow the process of when District 3 would come-up again. Could he get some clarification please? Michael Harvey said that District 3 was explained in the application would have single family and multifamily housing with nursing and continuing care facilities; it would be an age-restricted development. It is intended to be high- intensity senior living community. District 3 is not being reviewed tonight. If the Planning Board recommends the approval of this project tonight, it will not include District 3. District 3 is currently zoned Rural Residential, a residentially-zoned parcel of property, and this proposal calls for a higher intensity residential land use than is currently permitted. Staff has recommended that all discussion on District 3 be tabled and that sounded like the Planning Board wanted the BOCC to refer this part of the plan back to the Planning Board at a future date, if the externalities keeping them from reviewing it tonight are modified, allowing District 3 to move forward. However, District 3 may have to be modified or abandoned, and the developer will need to decide what action he will take. Staffs recommendation to the Board is that they table and wait for further input from elected officials. As mentioned, there will be meetings with the Town and County elected officials regarding how the southern portion of this area will be developed. He recognized that Margaret Hauth, Planning Director, was present and should correct him if he is wrong, but he said that the Town was interested in purposeful extension of economic development and opportunities that can be served by the Town. The Town provides courtesy review and if it is determined that a project cannot be served, the project will not be able to move forward. At this juncture, District 3 is a non-issue and the only recommendation for it is for all talk of it to be delayed until everyone can make an informed decision about it. Tony Blake said that to summarize, District 3 is not in an economic development zone. Michael Harvey said that District 3 is not in a transitional zone, meaning that by definition, a master plan project cannot be reviewed. Tony Blake said that there is potentially a capacity issue for water and sewer that still needs to be discussed. 86 Michael Harvey agreed with this statement and said that a reason that the conditions read the way they read is to anticipate the eventuality of the capacity issue. A process will have to be established regarding how a developer with a site plan can work with the Town. Tony Blake said that regardless of the proposal, the set of uses would not be permitted in District 3. Michael Harvey said that District 3 was proposed for residential development only. Right now, District 3 will remain a rural residentially-zoned parcel of property. Tony Blake said that he was pointing this out to quell apprehension. (Michael Harvey clarified with the previous speaker that District 3 would not be acted on.) Charles Brantley spoke and said that he lived off of High Rock Rd. He asked when the Board had received the plethora of materials in this packet. He asked if Board members had seen this packet before tonight. Tony Blake and Lydia Wegman responded that Board members had received these packets. Charles Brantley said that he was under the impression that Board members had not seen it. Tony Blake said that it is a lot to go through but they did receive it. Lydia Wegman asked if any other members of the public wanted to speak. Hearing none, she invited Mr. Parker to speak and to address some of the questions. Jim Parker thanked Ms. Wegman. He reiterated that as developers, they see this as a transportation and interstate market. He said that what they have done is collectively bring parcels together to form one parcel to which this zoning would apply, as opposed to individual property owners having to go through individual rezoning processes, which may not be effective since the parcels alone make-up a smaller area. He said that they are trying to create the palette by which they can attract and bring in users into a development. He said that he cannot say what will go there except that they will be land uses that are needed and desired, or that are allowed to develop in that type of environment. He addressed concerns about the neighborhood meetings, notifications, and attendance. He said that the first and third Neighborhood Information Meetings (NIMs) were well attended with about 15 people, though the second meeting was not as well attended, but he believes there were about 10 people there. He conveyed that they would have liked to notify further but that that area of notification beyond the County's requirement is hard to define. Where do you stop?With this dilemma in mind, he followed the County's requirement. Tony Blake pointed out that the County's notification requirement goes further than what the state requires. The state only requires notification to property owners within 500 ft. of the subject property, not 1,000 ft. like the County's notification. Jim Parker remarked that the addition of the wells was a project component put in in 2008-2009 during dry spells in the County when people were trying to find different irrigation techniques without using potable water to put less of a demand on public water. He said that they have no problem taking out the wells out of the development design and will do so. Lydia Wegman thanked him. Jim Parker continued with his responses. He said that his traffic engineer could answer more technical questions but as far as the improvements to NC 86, they will be extensive when all of this land is developed. It is unlikely that this process will all happen at once. The ultimate build-out will likely be 4 lanes with turn lanes and signals at the interchanges serving the entrances to District 1 and 2. There will be 3-4 signals,one at the service road. In regards to comments about dying business in Hillsborough, he sees Hillsborough as a growing town. He said that the"interstate 87 businesses" should be kept on the interstate and the ones in the intersections of town should grow healthy there. He said that his development provides a place for some of the businesses that one sees around interstates. He said that the vision for District 1 is for light industry and an increase in tax base by the land uses allowed there. District 2 is the interstate market, meaning commercial, restaurants, and a potential hotel that could provide a meeting space in addition to lodging. He hopes that the Board will approve this tonight. By doing so, the Board does not relinquish control. Staff will ensure that moving forward the development plan is in concert with the guidelines. He thanked the Board. Kim Piracci asked Mr. Parker if the Board does not approve this tonight,will the project be"done." She asked if this is what he said and how it would work if this is not approved. Jim Parker said that they are on a timeline and not making a decision tonight will push the process back. He asked if Mr. Harvey knew how far it would be pushed back. Michael Harvey replied that it is hard to say because the next item on the agenda deals with how public hearings are scheduled. The scenario that could be forthcoming on this project is that the Board tables the decision and takes it up at the November meeting and the Board makes a recommendation at the November meeting. It is conceivable that if the text amendment being reviewed next is approved, it could be schedules at a public hearing in December, January, or February to review this case. Lydia Wegman asked if there was a possibility that this could be reviewed at the November 14th quarterly public hearing if the Board made a decision at its November 1st meeting. Michael Harvey said that would not be possible because of the heavy workload associated with getting meeting packets together. Draft minutes may not be done in time and the BOCC needs to be able to review the draft minutes to understand the Planning Board's decision. There is not sufficient time. Lydia Wegman said that she understood. Kim Piracci asked—what if this gets put off for 6 months. Why would the developer say"nevermind?" Lydia Wegman quickly noted that this project could potentially be heard in February 2018 at the quarterly public hearing, a 3 month delay. Kim Piracci asked that if it were 6 months,why would the developer want to exit? Jim Parker said that they are contractually-bond to the land. Tony Blake said that it sounded like there was a contingency at play and there is an end date on it. Kim Piracci asked if these properties had already been purchased. Paul Guthrie said that it sounded like options to buy. Jim Parker said that they are options,which is typical. PB MEMBER?asked if Mr. Parker could tell them when the contract expires. Jim Parker told him that he will not tell the Board when the contracts expire as a matter of confidentiality between the seller and the buyers. Lydia Wegman agreed that it was a matter of confidentiality. 88 Randy Marshall said that he is ready to make a motion. Buddy Hartley said that this is as good an application that he has seen. Mr. Parker has covered about everything that needs to be covered. For the Board to make a recommendation on this, there is nothing that is not to approve. He said that the County does need senior housing somewhere. He said that he will be a senior someday too. Lydia Wegman asked if there were any additional comments. She thanked everyone for coming to the meeting to speak and thanked Mr. Parker and his team for coming, and to Michael Harvey and Craig Benedict for their help this evening. She said that from her perspective, she appreciated the applicant's willingness for continued discussions on the environmental and transportation assessments; this is is very important. That component is a plus of this application. She did hear concerns about transportation and she does hope that the developer and other businesses will work closely with members of the community on transportation and environmental concerns. She asked again if anyone else had additional comments. Michael Harvey said that if there is a consensus among Board members that the item be tabled until November, it is the Board's prerogative. If the decision is that there is a consensus to recommend this project, there are modifications that need to be made to Attachment 7. He will walk the Board member through making the motion on this part in order to address the Board's comments and to fix some items in the review that he did not catch earlier. He needs to ensure that the motion is consistent and clean to address all concerns from Board members, and modifications that ensure District 3 is eliminated from any review, point or discussion. Tony Blake clarified that Item C would include Attachment 7 as amended. Michael Harvey added that it would read "as amended and as further amended," if that is the decision to move forward. Lydia Wegman asked if any of the modifications would be relevant in the Board's thinking. Michael Harvey said that they could potentially be relevant. Lydia Wegman asked for Mr. Harvey to go through the modifications. Michael Harvey said that in Attachment 7, he will be applying the following notes. He heard from a Planning Board member tonight that in regards to Condition 4 regarding site plan approval (page 308) that references be included to local volunteer fire departments to review site plans. Tony Blake said that this would be for the primary responding volunteer fire department. Michael Harvey continued with his proposed modifications. He said that there would have to be explicit language saying that the Town of Hillsborough has to review and indicate if there is capacity for water and sewer service, prior to the County Planning Department issuing a site plan approval. On page 311, in Condition 6, the local volunteer fire department needs to be added to the Orange County Fire Marshall and Town of Hillsborough sharing review and approving location of fire lanes, location of fire hydrants, and location of proposed standpipes. The local volunteer fire department shall also be involved in the float test, which is now all in Condition 8. On page 315, for District 2, numbers 3 and 16 are for movie theaters. There only needs to be one movie theater so the recommendation would be to delete number 16 and renumber accordingly to correct the duplication. On 317, the condition (Condition H) regarding landscaping around the Major Transportation Corridor (MTC) Overlay District, a statement needs to be added to number one at the end to say, "unless clearing is consistent with Section 6.6.5 (a) of the UDO." The UDO does allow for breaks for visibility in the MTC. He said that there was some discussion that the BOCC receive a rendering or an example of the architectural landmark sign and an entry portal sign so that they can make a recommendation if the proposed square footage is acceptable. Mr. Harvey said that he did not hear the Board express concerns about the square footage of the signage, but everyone wants to see and understand what the 89 feature will look like to determine if it is appropriate. The recommendation is that the developer provides this. There are examples of other signage in the application. Paul Guthrie said that he thought seeing the examples would be a good idea. Tony Blake noted a typo in Condition H with feet. Michael Harvey made a note of it and said that it was correct in the developer's application. Michael Harvey said that Mr. Parker offered that onsite wells in Condition H, subprim 1, be eliminated, to address concerns over the depletion of wells if irrigation is necessary. Mr. Harvey suggested that this portion be reworded as follows: "Landscaping shall be watered by reclaimed water or water from the site." He said that the department is open to rain barrels or other systems of catching rainwater. The other modification would be to Staff's recommendation to table action on District 3 with a recommendation that the request for this area come back to the Planning Board for discussion and edits at the April 2018 regular meeting, which seems like a sufficient amount of time for this to move through the process. This date should be set even if this part of the project does not come back through the process. Next, the Statement of Consistency (Attachment 6) relating to Districts 1 and 2 only — the motion needs to include that Staff needs to remove all references to parcels connected to District 3 from the Statement of Consistency as currently contained in Attachment 6. Finally, there should be an amendment that calls for approving the ordinance to revise Attachment 7 to include all modifications discussed this evening, with a recommendation to approve to the BOCC as the Planning Board sees fit. Lydia Wegman asked if there is anything else to discuss. Paul Guthrie counseled that when they are working close to a jurisdiction like the Town of Hillsborough that there might have been more presence in the notes regarding where issues were in progress, based on recent conversations. Michael Harvey replied that he thinks that this was done but that the main issues is District 3 and the Town's concern about serving a project this far south of the interstate. Ms. Hauth's comments are also included in the packet outlining other concerns. The service issue and District 3 issue were discussed. Paul Guthrie said he was talking about the utility issue. He said that based on his experience, it is important to be upfront when working on such a project with another jurisdiction for certain services as to who is responsible and for what. Michael Harvey said that he does not disagree with this counsel but that he does think that Staff has discussed this issue in many of the conditions with the project and the addition of the requirement of any project with expanded services needs to go through the Town of Hillsborough for approval. As Craig as alluded, there is already a gallon limitation for water-sewer as part of this expansion. Paul Guthrie and Michael Harvey thanked each other. Lydia Wegman asked if there were any additional questions. Hearing none, she asked if Randy Marshall would like to make the motion. Randy Marshall said that he would make the following 3 recommendations to the BOCC. MOTION by Randy Marshall made a motion to table action on District 3 with a recommendation to request this area to come back to the Planning Board for review and discussion at the April 2018 regular meeting. Seconded by Buddy Hartley. VOTE: UNANIMOUS 90 MOTION by Randy Marshall to approve the Statements of Consistency in Attachment 6 relating to Districts 1 and 2 of the project only with Staff to assure remove to all references of District 3 in Attachment 6. Seconded by Buddy Hartley. VOTE: 8-YES,1-ABSTAIN(KIM PIRACCI) MOTION by Randy Marshall to approve the ordinance in Attachment 7 as amended and further amended, amending the zoning atlas relating to Districts 1 and 2 of the project only. Seconded by Patricia Roberts. VOTE: 8-YES,1-ABSTAIN(KIM PIRACCI) 91 Attachment 9 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has received and processed a petition submitted by Old NC 86 Partners LLC (hereafter `the Applicant') seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO). This petition seeks to rezone 10 parcels totaling approximately 195 acres of property to Master Plan Development Conditional Zoning District (MPD-CZD) for the purpose of developing the Settlers Point mixed use development (hereafter `the Project). The properties subject to this rezoning are identified, utilizing Orange County Parcel Identification Numbers (PIN), as: i. A 90.37 acre tract of land PIN# 9863-71-8857 ii. A 58.56 acre tract of land PIN# 9863-91-6573 iii. A 1.36 acre tract of land PIN# 9873-11-4636 iv. A 1.65 acre tract of land PIN#9873-11-5415 v. A 0.50 acre tract of land PIN# 9873-11-7506 vi. A 1.75 acre tract of land PIN# 9873-11-9450 vii. A 1.46 acre tract of land PIN#9873-11-7247 viii. A 4.50 acre tract of land PIN#9873-10-7937 ix. A 34.58 acre tract of land PIN#9873-20-2388 x. A 2.45 acre tract of land PIN# 9873-10-4310 hereafter`the Property' and, At this time, two overlay districts also apply to portions of the Property subject to this atlas amendment, specifically the Major Transportation Corridor (MTC) and Special Flood Hazard Area (SFHA) Overlay Districts. No modifications are being proposed to the boundaries of these two overlay districts as part of this process. 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, which is proposed for concurrent amendments. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non-residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and 92 sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) The atlas amendment is consistent with this goal and objective by proposing the rezoning of property to create a mixed-use zoning district, including the development of high density residential and non-residential land uses, in an area of the County designated for the location of adequate supporting infrastructure (i.e. water and sewer). c. The amendment is reasonable and in the public interest because it: 1. Expands economic development prospects within the County while continuing to protect adjacent and nearby land uses. The atlas amendment involves the approval of a master plan establishing a detailed list of allowable residential and non- residential land uses to aid in the marketing on an area designated within the Comprehensive Plan as being suitable for high density residential and non-residential development. Further, the approved master plan establishes mandatory land use buffers and setbacks for development within the project to ensure off-site impacts are mitigated. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed Zoning Atlas amendments. E ® I Lydia N. Weg an, Chair Date 93 Attachment 10 STATEMENT OF APPROVAL AND CONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has received and processed a petition submitted by Old NC 86 Partners LLC (hereafter `the Applicant') seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO). This petition seeks to rezone 10 parcels totaling approximately 195 acres of property to Master Plan Development Conditional Zoning District (MPD-CZD) for the purpose of developing the Settlers Point mixed use development (hereafter `the Project). The properties subject to this rezoning are identified, utilizing Orange County Parcel Identification Numbers (PIN), as: i. A 90.37 acre tract of land PIN# 9863-71-8857 ii. A 58.56 acre tract of land PIN# 9863-91-6573 iii. A 1.36 acre tract of land PIN# 9873-11-4636 iv. A 1.65 acre tract of land PIN#9873-11-5415 v. A 0.50 acre tract of land PIN# 9873-11-7506 vi. A 1.75 acre tract of land PIN# 9873-11-9450 vii. A 1.46 acre tract of land PIN#9873-11-7247 viii. A 4.50 acre tract of land PIN#9873-10-7937 ix. A 34.58 acre tract of land PIN# 9873-20-2388 x. A 2.45 acre tract of land PIN# 9873-10-4310 hereafter`the Property' and, At this time, two overlay districts also apply to portions of the Property subject to this atlas amendment, specifically the Major Transportation Corridor (MTC) and Special Flood Hazard Area (SFHA) Overlay Districts. No modifications are being proposed to the boundaries of these two overlay districts as part of this process. The Board of County Commissioners hereby approves the Zoning Atlas Amendment and 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, which is proposed for concurrent amendments. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non-residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., 94 water and sewer, high-speed intereet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) The atlas amendment is consistent with this goal and objective by proposing the rezoning of property to create a mixed-use zoning district, including the development of high density residential and non-residential land uses, in an area of the County designated for the location of adequate supporting infrastructure (i.e. water and sewer). c. The amendment is reasonable and in the public interest because it: 1. Expands economic development prospects within the County while continuing to protect adjacent and nearby land uses. The atlas amendment involves the approval of a master plan establishing a detailed list of allowable residential and non- residential land uses to aid in the marketing on an area designated within the Comprehensive Plan as being suitable for high density residential and non-residential development. Further, the approved master plan establishes mandatory land use buffers and setbacks for development within the project to ensure off-site impacts are mitigated. The Board of County Commissioners hereby adopts this Statement of Approval and Consistency as well as the findings expressed herein. Mark Dorosin, Chair Date Attachment 11 95 Ordinance#: ORD-2017-023 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed a petition submitted by Old NC 86 Partners LLC (hereafter `the Applicant') seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, This petition seeks to rezone 10 parcels totaling approximately 195 acres of property to Master Plan Development Conditional Zoning District (MPD-CZD) for the purpose of developing the Settlers Point mixed use development (hereafter`the Project), and WHEREAS, The properties subject to this rezoning are identified, utilizing Orange County Parcel Identification Numbers (PIN), as: i. A 90.37 acre tract of land PIN# 9863-71-8857, ii. A 58.56 acre tract of land PIN#9863-91-6573, iii. A 1.36 acre tract of land PIN#9873-11-4636, iv. A 1.65 acre tract of land PIN#9873-11-5415, v. A 0.50 acre tract of land PIN#9873-11-7506, vi. A 1.75 acre tract of land PIN# 9873-11-9450, vii. A 1.46 acre tract of land PIN# 9873-11-7247, viii. A 4.50 acre tract of land PIN# 9873-10-7937, ix. A 34.58 acre tract of land PIN# 9873-20-2388, and x. A 2.45 acre tract of land PIN# 9873-10-4310 hereafter`the Property' and, WHEREAS, The applicant has voluntarily chosen to establish development and land use limitations on the Project to ensure proposed land uses do not conflict with surrounding properties, and WHEREAS, This petition has been submitted in concert with a formal master plan in accordance with the provisions of Section 2.9.2 (C) of the UDO, and WHEREAS, the requirements of Section 2.8 and 2.9.2 of the UDO have been deemed complete, and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone aforementioned 10 parcels 96 of property to Master Plan Development Conditional Zoning (MPD-CZ) and allow development of the Project as detailed within the submitted application. BE IT FURTHER ORDAINED THAT The terms and conditions contained herein shall encumber the Property and bind the owners and lessees thereof, their successors in title and interest. The development of the Project as well as all necessary site improvements, both internal and external to the Project, shall be reviewed, approved, and developed in accordance with: a. The applicable provisions of the Orange County Unified Development Ordinance (UDO), b. Any and all applicable Federal, State, and local regulations, and c. The approved application package as submitted by the Applicant and as approved by the Orange County Board of Commissioners on November 14, 2017. BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.2 (F) of the UDO the approval of this Conditional Zoning applicant is subject to the following mutually agreed to conditions: 1. Approval of the Project does not constitute a guarantee utility services (i.e. water and sewer) shall be provided and/or extended by the Town of Hillsborough. 2. The Project shall be composed of 2 individual development district(s) further identified as follows: a. District 1 (PINs 9863-71-8857 and 9863-91-6573) — A total of 148 acres of land area allowing for the development of light industrial and research land uses; and b. District 2 (PINs 9873-11-4636, 9873-11-5415, 9873-11-7506, 9873- 11-9450, 9873-11-7247, 9873-10-7937, 9873-20-2388, and 9873- 10-4310) — A total of 47 acres of land area allowing for the development of commercial, retail and service land uses. 3. In addition to the requirements of Section 6.20 Public Sewer Connection of the UDO, required utility extensions and/or connections shall abide by the following: a. Development within the Project shall only be served by public water and sewer services as provided and maintained by the Town of Hillsborough. b. Utility connection(s) shall comply with applicable Town of Hillsborough standards. c. Extension of utilities to District 2 shall be reviewed and approved by the Town of Hillsborough. 97 d. A written, signed agreement between a developer, Orange County, and the Town of Hillsborough shall be executed describing the timing, phasing, design, and financing of public water distribution and public sanitary sewer collection mains. 4. In addition to the requirements of Section 2.5 Site Plan Review of the UDO, development applications within the Project shall provide the following additional information as part of the site plan application process: a. For development of structures, vehicular use areas, roadways, and/or utility installation(s), an Environmental Assessment shall be completed in accordance with the provisions of Section 6.16.3 of the UDO regardless of the proposed land disturbance. b. For development of structures, vehicular use areas, and roadways, a Transportation Impact Analysis (TIA) shall be completed in accordance with Section 6.17 of the UDO regardless of anticipated traffic counts for the development. TIAs shall include the following additional information: i. A review and analysis of required internal and/or external roadway improvements for consistency with the previously prepared TIA reviewed as part of this Project, ii. Weekend traffic count data for similar mixed use developments within the area. c. Documentation outlining proposed and/or existing cumulative impervious surface area as well as building/open space ratios with the Project. d. Documentation denoting approval of proposed mail kiosk locations by the Postmaster General and the North Carolina Department of Transportation. Documentation denoting anticipated daily water and sewer needs for proposed land uses. e,f.Documentation indicating the Town of Hillsborough has reviewed a site plan application package and determined there is sufficient water and sewer capacity to serve the project. A lack of water and/or sewer capacity shall result in the denial of the site plan application by the County.2 f,g_In addition to the standards detailed in Section 2.5 of the UDO, all landscaping plans shall include information denoting the proposed method of care (i.e. underground sprinklers, maintenance personnel, etc.) for the development. Language added by Planning Board at its October 4,2017 regular meeting. The applicant has expressed no objections to the revision. Please refer to Attachment 5. 2 Condition added by Planning Board at its October 4,2017 regular meeting. The applicant has expressed no objections to the revision. Please refer to Attachment 5. 98 In addition to established review criteria, all landscape plans shall be reviewed and commented upon by: i. Orange County Cooperative Extension (staff arborist), ii. NC Department of Transportation, and iii. Local utility companies (i.e. power, cable, phone, etc.) Identified conflicts associated with landscaping shall be resolved prior to the approval of the site plan for a given project. Required plantings shall not be reduced to accommodate a conflict with utilities or roadway issues. 5. TRANSPORTATION: In addition to the requirements of Section 6.10 Roadway Improvements and Multi-modal Transportation of the UDO the following standards shall apply: a. External roadway improvements shall be constructed in accordance with NC Department of Transportation requirements and guidelines, approved Traffic Impact Analysis (TIA), and the standards outlined herein. b. All internal and external roadway construction/improvements shall be completed or appropriately bonded prior to the issuance of a Certificate of Compliance (C of C) allowing the occupancy of a structure triggering completion of same. c. Internal roadways shall be developed in accordance with Section 6.10 (A) of the UDO. d. All streets, sidewalks, bicycle lanes, etc. shall be designated for public access/use. e. Driveway permit(s) shall be issued by the North Carolina Department of Transportation prior to the commencement of any earth disturbing activity. f. The right-of-way and roadway for Service Road shall be extended west through District 1 to provide additional connectivity to adjacent parcels. Any extension of Service Road shall be constructed to NC Department of Transportation public road standards. 3 g. Additional right-of-way necessary to support roadway improvements shall be secured in accordance with North Carolina Department of Transportation right-of-way acquisition processes. The right-of-way shall be secured prior to the County accepting a site plan application proposing development requiring same. The applicant is requesting the condition be modified to only require the applicant to extend the existing right-of- way to the end of the project. Construction of a new road will be addressed during site plan review of a site specific development plan. The applicant has further argued connectivity will be difficult given the presence of floodplain to the west of the existing road. For more information please refer to Attachment 5. 99 h. All street signals shall be erected on metal poles. i. Orange County and North Carolina Department of Transportation shall approve the location of all proposed utility poles housing street signals, both internal and external to the Project, prior to installation. j. Segregated entrances and exists for pedestrian, construction vehicle, and non-construction vehicular traffic shall be developed to avoid conflict during construction activities. k. Traffic directional signage shall be required for all internal and external roadway as directed by Orange County and the North Carolina Department of Transportation including but not limited to: i. Stop signs, ii. Yield signs, iii. Bus parking and unloading informational signs iv. Lane ends, v. Merge signs, vi. Caution Pedestrian Traffic — Yield Signs, vii. Traffic safety signs designed to direct construction traffic throughout the site, viii. Traffic warning signs indicating the location of private driveways and forbidding public access to the various properties, and ix. Through traffic signs. I. Bicycle lanes and sidewalks shall be constructed along all internal roadways as well as the portion(s) of Old NC Highway 86 located within the Project. m. Four (4) bus pullouts and transit shelters shall be constructed to serve the Project consistent with transit plans adopted by Orange County and shall be developed in accordance with the following: i. Each transit stop shall be a covered and enclosed on 3 sides to shield users from the elements, ii. Kiosks shall be developed to provide transit information, including schedule and route information, and shall be illuminated to five (5) average maintained foot-candles. n. In addition to the standards contained within Section 6.10 (A) (2) of the UDO, the following additional requirements shall apply to the development of crosswalks: 100 i. Signals shall be installed, where stoplights are located, providing assistance to deaf and visually impaired individuals announcing when it is safe to cross roadways. o. Speed limits for internal roadways shall be as follows: i. Alleys affording access to the rear of various buildings for service delivery: 10 Miles an Hour. ii. Streets serving the interior portions of District(s): 10 Miles an Hour. iii. Streets serving as service roads allowing for the free flow of traffic between District(s) as well as Interstate 40 and Old NC Highway 86: 25 Miles an hour. p. In stances where drop-off zones/areas are provided they shall be located near building entrances and segregated by bollards or landscaping from required parking spaces and/or vehicular travel lanes to avoid conflict. 6. The Orange County and Town of Hillsborough Fire Marshal, and representatives of the Orange Rural Volunteer Fire District4 shall review and approve: a. Road layout and construction methodology, b. Location of fire lanes, c. Location of fire hydrants, and d. Location of the proposed stand-pipe(s). prior to the commencement of earth disturbing activity. 7. The Orange County and Town of Hillsborough Fire Marshal, in consultation with the Town of Hillsborough Utility Director, shall review and approve location(s) of proposed water lines prior to the initiation of land disturbing activity. Sizing of said lines shall be based on the proposed development, including water flow test data. 8. Fire-flow test(s) of all installed hydrants shall be conducted, in coordination with the Town of Hillsborough and Orange County Emergency Services, to ensure compliance with applicable State Fire Code standards. 9. ARCHITECTURAL DESIGN STANDARDS: Development within the Project shall abide by the following: a. Permitted exterior finishes and/or siding materials shall be limited to: i. Cement/concrete siding, such as Hardi-plank, 4 Language added by Planning Board at its October 4,2017 regular meeting. The applicant has expressed concern over the revision. Please refer to Attachment 5. 101 ii. Brick and/or stucco, iii. Concrete in pre-cast or cast-in-place (CIP) applications. 1. Where utilized, large expanses shall be broken-up and modulated with architectural variations like scoring, reveals, ornamental embellishments, etc. iv. Concrete masonry units (CMU's) limited to: 1. Standard block, painted for service areas out of public view, rears of parapets, etc. OR 2. Split-face and/or ground face CMU's v. Dry-stack and/or ashlar stone shall be permitted only when utilized as an identifying characteristic for a structure. b. All storefronts and glass walls shall utilize glazing. Reflective and/or mirrored glass is prohibited. c. Roofs shall abide by the following standards: i. HVAC equipment, elevator overrides, and other similar devises shall be screened utilizing 1 of the following methods: 1. Clad in exterior materials that are non-reflective or illuminated, OR 2. Designed as an architectural feature of the proposed structure, OR 3. Screened through some vegetative buffer or fencing. ii. Solar panels shall be allowed to be installed along roof tops, including raised panels to allow for tracking of the sun's rays, in accordance with the following: 1. The panels shall oriented or designed to prevent glare, and 2. The panels shall be screened from view at street level through an architectural feature, fencing, or vegetative buffer. iii. Metal roofs shall be non-reflective and designed to blend in with the architecture of the building. iv. Flat roofs shall be shielded from the public's street view through the use of parapets, railings, or balusters. d. Proposed building(s) shall abide by the following orientation standards: 102 i. Front farade(s) serving as the primary means of public ingress and egress shall face either a public space/court yard or a street. ii. Parks, green plazas, squares, court yards, etc. shall have a minimum area of at least: one —tenth (1/ 10) of an acre. These areas shall be located, at a maximum, within one- sixth (1/6) of a mile of at least seventy-five percent (75%) of any and all building entrances. e. Non-roof mounted HVAC, mechanical equipment cabinets, etc. shall be screened from view in accordance with Section 6.8.9 Screening of the UDO. f. Solid waste containers, dumpsters, recycling bins, etc. shall be screened from view in accordance with Section 6.8.9 Screening of the UDO. Screening of said facilities shall be reviewed and approved by Orange County Solid Waste as part of the site plan review process. 10.A Memorandum of Agreement regarding transit service shall be developed and executed describing how bus transit service(s) shall be provided such that all building entrances are within one-quarter (1/4) mile of a transit stop. 11.All lease agreement, or individual sales documents, shall include provisions requiring the installation and maintenance of bicycle racks or other similar secure location for the storage of bicycles within the development. 12.INDOOR ENVIRONMENTAL QUALITY: Developments within the project shall abide by the following standards: a. Smoking within a building(s) shall only be permitted within designated smoking areas consistent with the following condition: i. Smoking areas shall be located in an area of the building designed to contain, capture, and remove smoke from the building through an appropriate ventilation system. b. External smoking areas shall be a minimum of 50 ft. from all entries, outdoor air intakes, and operable windows. External smoking areas shall be required to be identified on submitted site plans. 13.Development of and within the Project shall abide by the following: a. LAND USES: Development within the Project shall be limited to the following land uses: i. Permitted in all districts: 1. Accessory uses to principal uses of property, 103 2. Bus passenger shelter, 3. Surface and structure parking, 4. Mail kiosks for central mail pick-up, 5. Elevated water storage tanks with a maximum height limit of 75 ft., 6. Public parks, 7. Pedestrian and bicycle paths, 8. Government administrative offices, 9. Government protective services (i.e. Police/Fire Station, Rescue squads, EMS station, etc.) ii. Permitted in District 1: 1. Bank automated teller machine as a standalone use, 2. Schools: vocational, technical, and trade, 3. Health services (i.e. licensed practitioners and/or specialists, outpatient surgical centers, medical and diagnostic laboratories, etc.), 4. Hotel/motel/convention center, 5. Motor vehicle service station, 6. Apparel manufacturing, 7. Mail order houses, 8. Clay product and refractory manufacturing, 9. Computer and electronic manufacturing, 10.Fabricated metal product manufacturing, 11.Food and beverage product manufacturing and bottling, 12.Furniture and related product manufacturing, 13.Glass and glass product manufacturing, 14.Machinery product manufacturing, 15.Pharmaceutical and medical product research and manufacturing, 16.Plastic product manufacturing, 17.Printing and relates support services, 18.Research facility, 19.Research and manufacturing facility, 104 20.Rubber and plastic, hoses and belting manufacturing, 21.Storage and/or warehousing inside of a building, 22.Textile mills and textile product mills, 23.Restaurant, 24.Telecommunication tower 75 ft. and under in height. iii. Permitted in District 2: 1. Religious facility, 2. Social club or lodge, 3. Movie theater, 4. Bank and financial institution, 5. Bank automated teller machine as a standalone use, 6. Childcare facility, 7. Library, 8. School: vocational, 9. School: dance, art, music, physical fitness, etc., 10.Health services (i.e. licensed practitioners and/or specialists, outpatient surgical centers, medical and diagnostic laboratories, etc.), 11.Hotel/motel/convention center, 12.Motor vehicle service station, 13.Professional offices and services (i.e. attorney, realtor, accountant, insurance agent, financial consultant, financial securities brokers, etc.), 14.Retail, 15.Restaurant, 16.Movie theater,5 416. Indoor gym/physical fitness center, X17. Arcade, 4$18. Indoor/outdoor swimming pool. iv. Development of a School: elementary, middle and secondary land use shall be permitted in District 1 subject to compliance with existing development standards, and the submittal and approval of a Class A Special Use Permit, in accordance with the provisions of the UDO. 5 Planning Board recommended the deletion of a duplicate reference to a previously identified land use. 105 b. ENVIRONMENTAL FACTORS: All development shall abide by the performance standards as articulated in Section 6.4 of the UDO inclusive. c. RATIO STANDARDS: All development shall abide by the following ratio standards: i. Minimum Percentage of Open Space: 30% or a cumulative total of 81.6 acres in Districts 1 and 2. ii. There shall be a minimum of 30 acres of open space in District 1 or 2. iii. Maximum Allowable Floor Area Ratio shall be as follows: 1. District 1: 0.20 or 1,248,000 sq.ft. 2. District 2: 0.13 or 261,800 sq.ft. d. ACCESSORY BUILDINGS: Accessory buildings and enclosures whether attached to or detached, including automatic teller machines, shall be designed to complement the site architecture and shall be integrated with the same scale, texture, color and detailing of adjacent architectural design. e. BUILDING HEIGHT: Buildings within the development shall abide by the height limitation(s) established within Section 3.7 Economic Development Districts — Economic Development Hillsborough Research and Manufacturing of the UDO. Under no circumstances may a structure exceed 6 stories in height through the incorporation of additional front and side yard setback(s) consistent with the aforementioned section of the UDO. f. SETBACKS: All development shall abide by the following setback standards: i. District 1: 1. No structure shall be located within 50 ft. of any external roadway. 2. No vehicular use area shall be located with 25 ft. of any external roadway ii. In District 2: 1. No structure shall be located within 75 ft. of Old NC Highway 86. 2. No vehicular use area shall be located within 50 ft. of Old NC Highway 86. iii. In all Districts the following setbacks shall be observed from internal access roads: 106 Setback Freestanding In-line Vehicular Storage Signs from Buildings Shops use areas internal and areas property Buildings line Front 25 ft. 10 ft. * 10.ft. * 10 ft. 10 ft. Side 25 ft. 10 ft. * 10.ft. * 10 ft. 10 ft. Rear 25 ft. 10 ft. * 10.ft. * 10 ft. 10 ft. * When proposed use is adjacent to common ownership property such as a private street, alley, or parking area the setback shall be reduced to 5 ft. * iv. No building shall be permitted within required land use buffers as required by the UDO and detailed herein. g. STORMWATER AND EROSION CONTROL: All development shall abide by the provisions of Section(s) 6.14 Stormwater and 6.15 Erosion Control of the UDO. h. LANDCSAPING: In addition to the applicable provisions of the UDO, the following standards shall apply: i. Landscaping shall be watered through reclaimed stormwater. On-site wells may be permissible in the event that stormwater is unavailable. Proposcd irrigation wcll(s) shall be permittcd by Orangc County Environmental Hcalth 6 ii. A 100-ft. undisturbed land use buffer shall be installed and/or maintained along the western and southern boundaries of District 1 . No thinning shall be permitted within this area. iii. A 50-ft. undisturbed land use buffer shall be installed and/or maintained along Old NC Highway 86. Thinning within this land use buffer shall be permitted consistent with the following: 1 . A maximum of 50% of the required land use buffer area may be thinned. 6 After concerns were expressed at the Planning Board meeting,the applicant requested the provision allowing for irrigation wells be removed. The Board agreed and modified the resolution accordingly. 107 2. Thinning shall only be permitted to accommodate development of stormwater retention ponds, including support infrastructure, or required utility structures. 3. Vegetation shall be replanted consistent with the Type C land use buffer standards as detailed in Section 6.8.7 of the UDO. iv. A 25ft. land use buffer shall be installed along Service Road within District 1. v. Internal streets shall have one (1) tree, installed at a minimum three-inch (3") caliper, every sixty (60). vi. Modification of the Major Transportation Corridor (MTC) Overlay District. 1. No disturbance of the MTC buffer along adjacent Interstates shall be permitted with the first 50 ft. as measured from the right-of-way unless clearing is consistent with the provisions of Section 6.6.5 (A) of the UDO. 7 2. The remaining portion of the buffer can be disturbed consistent with the following: a. Disturbance shall only be permitted to facilitate development of access roads, parking lots, walkways, and stormwater facilities. No structures, other than stormwater facilities, shall be permitted within this area. b. Reduction shall only be permitted in instances where sight lines and distances from the Interstate are not adversely impacted by the proposed clearing. c. The disturbed area shall have vegetation re- established consistent with the Type C land use buffer standards as detailed in Section 6.8.7 of the UDO. d. Vegetation shall be replanted to a minimum 50% of the disturbed area. e. As part of the site plan submittal, a formal landscape plan shall be required denoting the following: a. Area to be disturbed, Clarification suggested by staff and recommended for approval by the Planning Board at its October 4,2017 regular meeting.The applicant has expressed no objections to the revision. Please refer to Attachment 5. 108 b. Tree survey denoting the existing foliage to be removed, c. The cross section of the buffer area and the area of the Interstate to be impacted, d. A synopsis of proposed land uses in the disturbed area, and e. Detail on any required revegetation of disturbed area. vii. Required landscaping for parking lots: 1. Parking lot shade trees shall be provided at a ratio of one (1) three-inch (3") minimum caliper tree for every ten (10) parking spaces. 2. Ninety percent (90%) of proposed parking spaces shall be within fifty (50) feet of the center of a shade tree. 3. Minimum tree planting area shall be nine (9) feet by eighteen (18). In cases where tree grates are provided, the minimum planting area shall be sixty- four (64) square feet in area by two (2) feet in depth. 4. Consistent with Section 6.8.7 (D) Landscaping of Vehicular Use Areas of the UDO a 10 ft. wide vegetative strip, exclusive of drainage and/or utility easements, shall be provided between the vehicular use areas and the right of way or adjacent property line, except: a. Where permitted driveway openings are to be provided. b. In instances where parking areas and drive- isles abut interior property lines, the 10-ft. required landscaped area may be split among the two (2) adjoining properties. 5. Screening of parking areas located along the perimeter boundary of a District shall maintain a minimum tree spacing of sixty (60) feet and provide the required thirty-six-inch (36") screening, required to be a minimum of twenty-four inches (24") at initial planting, adjacent to proposed parking spaces. viii. Required landscaping along structures: 1. Thirty percent (30%) of a buildings perimeter shall be landscaped, while maintaining space for required sidewalk area, composed of: 109 a. Lawn, b. Planters, or c. Shrubs a minimum of twenty-four inches (24") in width comprising a minimum of fifty percent (50%) of the total linear dimension along the building's perimeter. i. PARKING: In addition to the requirements of Section 6.9 Parking of the UDO, development within the Project shall abide by the following: i. Parking for individual land uses shall be in accordance with Section 6.9.7 of the UDO. The overall maximum amount of surface parking permitted for the entire development combined, shall be one (1) space for every two hundred (200) square feet of floor space. ii. Development of joint parking facilities shall allow for the reduction of required parking spaces in accordance with the provisions of Section 6.9.11 if the UDO. iii. Off-street parking design shall be in accordance with Section 6.9.10 of the UDO. iv. Compact car parking shall be permitted in accordance with the provisions of Section 6.9.10 (A) of the UDO. v. In cases of a corner lot, parking shall not be located directly adjacent to the corner of the property facing the intersection. Landscaping, and/or a prominent building feature, shall be installed within this area to avoid confusion. vi. 100 park and ride spaces shall be developed within the Project. Parking intended to support Retail land uses can be designated to meet this requirement and shall be located at/near proposed transit stops. vii. Parking areas shall be separated from structures by: a. A raised concrete walkway, b. A landscaped buffer/natural area, or c. A segregated pedestrian walkway. In no case will parking be allowed to directly abut a proposed structure at the same grade. viii. Parking areas shall be designed so that pedestrians walk parallel to moving cars in order to minimize the need for pedestrians to cross parking aisles and landscape areas. 110 ix. All exterior lighting, including traffic signals and street lighting shall conform to ASHRAE / IESNA Standard 90.1-2004, Exterior Lighting Section, without addenda, for Zone LZ3 — Medium (Commercial/Industrial, High-Density Residential). j. LIGHTING: All proposed lighting shall comply with the standards detailed in Section 6.11 Outdoor Lighting of the UDO. k. SIGNAGE: In addition to the standards detailed in Section 6.12 Signage of the UDO, development within the Project shall abide by the following: i. Unless otherwise specified herein, signs shall be composed of individual internally lit letters. ii. Approved copyright logos shall be allowed on signage in a box type fashion. iii. The signage shall be permitted for the Project: 1. One (1) architectural landmark freestanding sign serving as a visual identifier for the Project subject to the following standards: a. Maximum height of 50 ft. b. Allowable sign area of 400 sq.ft. per sign face. c. Shall comply with principal setbacks for the District in which it is located. 2. Eight (8) entry portal freestanding signs providing the name of the development and identifying tenants subject to the following standards: a. Maximum Height of 8 ft. b. Allowable sign area of 300 sq.ft. c. 10 ft. setback from all rights-of-way and/or property lines. d. Sign shall be composed of either raised/blocked lettering or shall be a wall sign. e. External illumination shall be permitted in accordance with Section(s) 6.11 and 6.12 of the UDO. f. 60% of the sign area shall contain the name of the Project. 3. Signage for theater shall abide by the following standards: a. One (1) marquee, as a permanent canopy projecting over the entrance shall be permitted and may contain the name and/or trademark of the cinema. 111 b. Sign shall not extend more than 10 ft. from the building nor be less than 12 ft. above the ground or sidewalk at the lowest point. c. Maximum display sign area shall be 400 sq.ft. d. Changeable copy shall be allowed to denote the names of the films and/or productions available for view within the facility. e. Sign shall be located on a portion of a building with frontage along interior roadways only. f. For movie theaters, 1 poster box per movie screen shall be allowed in accordance with the following standards: i. Signage shall be mounted on front the façade of the building serving as the public entrance. ii. The poster box shall be a maximum of fifty-six (56) inches high and forty (40) inches wide. 4. Wall signs for tenants occupying freestanding buildings subject to the following standards: a. One (1) wall or building mounted sign per façade or per individual retail space. b. Sign shall not extend above the actual building or building façade. c. Allowable sign area shall be 2 sq.ft. for every one (1) sq.ft. of building frontage not to exceed three hundred (300) square feet. d. In cases where a building contains multiple tenants, wall signs shall be allowed as follows: i. 32 square feet of sign are per tenant not to exceed three hundred (300) square feet per building. ii. Sign shall be located above tenant space. iii. Sign shall only occupy two-thirds (2/3) of the façade. e. No external lighting shall be permitted. 5. Projecting signs shall be permitted consistent with the provisions of Section 6.12.12 (D) of the UDO. 6. Window signs shall be permitted consistent 6.12.12 (E) of the UDO. 7. Directional signs shall be permitted consistent with the provisions of Section 6.12.14 (C) of the UDO. 112 I. ENVIRONMENTAL: Development shall adhere to applicable regulations as detailed in Section 6.13 Stream Buffers of the UDO including required buffers from water features (i.e. streams, wetlands, floodplains, etc.). m. The Project shall abide by all applicable floodplain management standards as detailed within the UDO. 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 motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2017. 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 , 2017 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 , 2017. SEAL Clerk to the Board of Commissioners Attachment 12 113 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 • m CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section(s) 2.8.7 and 2.9.2 of the Orange County Unified Development Ordinance I have mailed, or have caused to be mailed, a Notice of Public Hearing regarding the proposed Zoning Atlas Amendment. Specifically notice was mailed via first class mail to property owners within 1,000 ft. of an application submitted by Old NC 86 Partners LLC to rezone 10 parcels totaling approximately 195 acres of property to Master Plan Development Conditional Zoning District (MPD-CZD) for the purpose of developing the Settlers Point mixed use development within the Hillsborough Township of Orange County. The mailed notices specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 27th day of October, 2017. 'Vr,k-k--k- - :4-— Mic el D. Hare y, AICP, CFM, CZO Current Planning Supervisor 114 MISTY C HILTON ROBBIE D WRIGHT IRWIN 0 ROJAS 320 DAVIS RD DAVID FRANKLIN WRIGHT SILVIA E MORENO HILLSBOROUGH, NC 27278 3914 ODE TURNER RD 111 LINNET RD HILLSBOROUGH,NC 272789377 Hillsborough,NC 27278 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING CYNTHIA L PETERSON MICHAELJ DODSON MATTHEW CLARK ETAL JEAN FRANCOIS PROVOST P 0 BOX 1081 4503 BUMPHUS RD 2425 ARBOR LN HILLSBOROUGH,NC 272781081 CHAPEL HILL,NC 27514 HILLSBOROUGH,NC 27278 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING JAMES GARLAND RANT B BARLOW JR DAN E WAY 2711 ODE TURNER RD 3315 OLD NC 86. 3401 OLD NC 86 HILLSBOROUGH,NC 272787631 HILLSBOROUGH,NC 27278 HILLSBOROUGH,NC 27278 Notice of Planning Board meeting Notice of Planning Board meeting Notice of Planning Board meeting VERONICA DUCLAY FREDERICK LTAPP BEATRICE S BROOKS THIERRY DUCLAY LINDA Y TAPP 3410 OLD NC 86 32 GREENHILLS RD 4030 LEGATO LN HILLSBOROUGH,NC 27278 HUNTINGTON STATION,NY 11746 EFLAND,NC 27243 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING CHRIST HILLSBOROUGH UNITED CHURCH OF THEODORE L BRYANT MYRA E GWIN SUMMERS 200 DAVIS RD BEVERLY N BRYANT RICHARD W SUMMERS HILLSBOROUGH,NC 27278 2000 WOODVIEW DR 103 GRAPEVINE LN DURHAM,NC 27704 Hillsborough,NC 27278 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING W ALLEN ADDISON JAMES G BUCHANAN JR PARTNERS LANDMARK MANAGEMENT LLC SALLY A ADDISON RONDA F BUCHANAN 3025 ODE TURNER RD PO BOX 727 313 OAK RIDGE DR HILLSBOROUGH,NC 27278 HILLSBOROUGH, NC 272780727 HILLSBOROUGH,NC 272787395 Notice of Planning Board meeting Notice of Planning Board meeting Notice of Planning Board meeting MICHAEL WILLIAM SUDYK LOUISE J SCARLETT CHARLENE W HAMLETT 418 DARBY CREEK LANE 3209 OLD CH HILLSBOROUGH RD 3333 CHAPEL HILL BLVD MORRISVILLE,NC 27560 HILLSBOROUGH,NC 27278 STE C DURHAM,NC 27707 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING KAREN FAITH TURNER HALL MICHAEL W SUDYK ROY VERNON SCOTT 1101 SAM TUCKER LANE GEORGE W SUDYK MARY G SCOTT HILLSBOROUGH,NC 27278 3412 COUNTRY CLUB DR 302 DAVIS RD GASTONIA,NC 28056 HILLSBOROUGH,NC 27278 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING ROWDY B WALKER JOSEPH S SHORE WILLIAM NEAL AUSTIN JR 1877 FLYING W TRL SARAH C SHORE SHIRLEY B AUSTIN Hillsborough,NC 27278 3501 OLD NC 86 2803 LITTLE RIVER DRIVE HILLSBOROUGH,NC 27278 HILLSBOROUGH,NC 272789720 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING DIANNE H DAVIS CHRISTY D BAILEY ETAL OLD 86 COMMONS LLC 319 DAVIS RD JOHN 0 CLAYTON PO BOX 1083 HILLSBOROUGH,NC 27278 7510 COUNTRY LANE HILLSBOROUGH,NC 27278 ROUGEMONT,NC 27572 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING 115 AMANDA B SHAKHLOUL JEANINE L DUKE JOHN BOXIER JR TAMER G SHAKHLOUL JAMES N POULOS SHANNON MARTIN 3303 OLD NC 86 S 4606 PACES FERRY DR 3423 OLD NC 86 HILLSBOROUGH,NC 27278 DURHAM,NC 27712 HILLSBOROUGH,NC 27278 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING RANT B BARLOW JR THEODORE L BRYANT DAVID M BARLOW 3315 OLD NC 86 BEVERLY N BRYANT RHONDA M BARLOW HILLSBOROUGH,NC 27278 9016 ALBATROSS CT 223 DAVIS RD RALEIGH,NC 27613 HILLSBOROUGH,NC 272787317 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING MICHAEL)DODSON SUZANNE UPTON JOSEPH LLOYD LINEBERRYJR P 0 BOX 1081 11508 BRIDGETENDER DR MARY LT GILBERT HILLSBOROUGH,NC 272781081 RICHMOND,VA 232331782 3106 WILSHIRE DR GREENSBORO,NC 274083013 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING ISABETH W DAVIS SALLY A ADDISON VIVIAN BEST 319 DAVIS RD W ALLEN ADDISON 4018 WRENN RD HILLSBOROUGH,NC 272788395 PO BOX 727 DURHAM,NC 27705 HILLSBOROUGH,NC 27278 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING JUANITA C DAVIS SLF II NC WATERSTONE LLC FRANKLIN E GARLAND 3319 OLD NC HWY 86 SUITE 1750 3020 ODE TURNER RD Hillsborough,NC 27278 5949 SHERRY LANE HILLSBOROUGH,NC 272789631 DALLAS,TX 75225 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING LARRY B LEE JOEL K GILLIS MIGUEL G MUNOZ 3503 OLD NC 86 ROBIN A GILLIS DAWN C MUNOZ HILLSBOROUGH,NC 27278 6321 ANGUS DR 425 DAVIS RD RALEIGH,NC 27617 HILLSBOROUGH,NC 272789330 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING NC DEPARTMENT OF TRANSPORTATION ISABETH W DAVIS ANGELA DENISE DAVIS BARNETT PO BOX 15580 319 DAVIS RD 549 DIXON RD DURHAM,NC 27704 HILLSBOROUGH,NC 272788395 WILLOW SPRING,NC 27592 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING 116 ROBERT J AYERS ETAL HOSPITALS AT CHAPEL HILL#319 UNIVERSITY DERRICK B EADS LUCILLE AYERS OF NORTH CAROLINA 1608 SCARLETT MOUNTAIN RD 1031 JONES FERRY RD 211 FRIDAY CENTER DR HILLSBOROUGH,NC 27278 PITTSBORO,NC 27312 STE 2043 CHAPEL HILL,NC 27517 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING PAUL C DODSON STEVEN L KAUFMANN CHERI MELCHIONE 3224 OLD NC 86 JESSE S KAUFMANN 1818 MARTIN LUTHER KING BLVD HILLSBOROUGH,NC 27278 2304 DAVIS RD CHAPEL HILL,NC 27514 HILLSBOROUGH,NC 272787321 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING CYNTHIA L PETERSON WOODSEDGE PROPERTIES LLC MARC ANDREW CONNERY JEAN FRANCOIS PROVOST 4522 LITTLE RIVER CH RD SHARON K CONNERY 2425 ARBOR LN HURDLE MILLS,NC 27541 3820 OLD NC 86 HILLSBOROUGH,NC 27278 HILLSBOROUGH,NC 27278 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING KAREN S JORDAN RANT B BARLOW JR REA LANDCOM INC 1622 SCARLETT MOUNTAIN RD 3315 OLD NC 86 PO BOX 52328 HILLSBOROUGH,NC 27278 HILLSBOROUGH,NC 27278 DURHAM,NC 27717 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING BEATRICE S BROOKS GERALD E SCARLETT JOE LJERNIGAN 3410 OLD NC 86 416 WEST SCARLETT MTN RD VICKIE R JERNIGAN HILLSBOROUGH,NC 27278 HILLSBOROUGH,NC 272788318 3333 CHAPEL HILL BLVD DURHAM,NC 27707 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING JOSEPH S SHORE CHARLENE W HAMLETT ROWDY B WALKER SARAH C SHORE 3333 CHAPEL HILL BLVD 1877 FLYING W TRL 3501 OLD NC 86 STE C Hillsborough,NC 27278 HILLSBOROUGH,NC 27278 DURHAM,NC 27707 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING BARBARA FONTENELLE JOHN BOXTER JR JEANINE L DUKE 116 OLLIE DR SHANNON MARTIN JAMES N POULOS BELLE CHASSE,LA 700374134 3423 OLD NC 86 4606 PACES FERRY DR HILLSBOROUGH,NC 27278 DURHAM,NC 27712 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING LARRY B LEE CATHY W FUQUAY CHRISTY D ETAL BAILEY 3503 OLD NC 86 CYNTHIA W BESSOIR JOHN 0 CLAYTON HILLSBOROUGH,NC 27278 8519 HAW RIVER RD 7510 COUNTRY LANE OAK RIDGE,NC 27310 ROUGEMONT,NC 27572 Notice of PUBLIC HEARING Notice of PUBLIC HEARING Notice of PUBLIC HEARING GERALD E SCARLETT JOE L JERNIGAN 416 W SCARLETT MOUNTAIN RD 3333 CHAPEL HILL BLVD HILLSBOROUGH,NC 272788318 STE C DURHAM,NC 27707 Notice of PUBLIC HEARING Notice of PUBLIC HEARING DAN E WAY CALVIN R SCARLETT 3401 OLD NC 86 YVONNE SCARLETT HILLSBOROUGH,NC 27278 1600 E SCARLETT MT RD HILLSBOROUGH,NC 27278 Notice of PUBLIC HEARING Notice of PUBLIC HEARING 117 ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: November 14, 2017 Action Agenda Item No. D.2 SUBJECT: Unified Development Ordinance (UDO) and Zoning Atlas Amendments — Flood Damage Prevention Regulations and Special Flood Hazard Area (SFHA) Overlay District DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Michael D. Harvey, Planner III (919) 245-2597 Development Ordinance (UDO) Craig Benedict, Director (919) 245-2575 Amendment Outline Form 2017-03 2. Copy of Official Zoning Atlas 3. Excerpt of Draft Planning Board Minutes from the October 4, 2017 Meeting 4. Planning Board Signed Statement(s) of Consistency 5. Statement of Consistency - Zoning Atlas Amendments 6. Ordinance Amending the Zoning Atlas 7. Statement of Consistency — UDO Text Amendments 8. Proposed UDO Text Amendments 9. Public Hearing Meeting Notice Mail Out Certification 10.Fact Sheet on Proposed Amendments PURPOSE: To hold a public hearing on a Planning Director initiated text amendment to the Unified Development Ordinance (UDO) and Zoning Atlas updating existing flood damage prevention regulations, adopting new Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs), and eliminating the Special Flood Hazard Area (SFHA) Overlay District. BACKGROUND: Orange County has been a member of the National Flood Insurance Program (NFIP) since approximately 1976. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates, specifically through the adoption and enforcement of regulations designed to mitigate/reduce flood risk, in the program including adoption of flood maps denoting areas where flooding is a possibility. For more background information please refer to Attachment 1 . 118 Recent changes by the State and Federal government in flood damage prevention standards, including development of new flood maps, require the County to modify existing regulation(s) in order to continue to be eligible for participation within the NFIP. On direction from the County's Attorney in 2007, staff incorporated available flood mapping data directly onto the County Zoning Atlas creating the Special Flood Hazard Area (SFHA) overlay district. As there are modifications/updates to FEMA flood map data, the County is required to initiate a Zoning Atlas amendment incorporating same. This requires the holding and advertising of both a Planning Board meeting and a BOCC public hearing where the maps amendment(s) are being reviewed (i.e. notification of impacted property owners, notification of property owners within 1,000 ft. of the zoning change, posting of impacted properties with signs advertising the meetings, and legal advertisements). Depending on the scope and timing of FEMA map change(s) there may be significant and unplanned budgetary impacts, as well as significant time commitments, to incorporate said modifications. In consultation with current Attorney's staff, Planning staff is recommending the elimination of the SFHA overlay district and adoption of the flood maps by reference in the UDO. As there are future changes/updates in flood mapping data, staff would complete a UDO text amendment incorporating reference to this new data, but would not have to complete a corresponding zoning atlas amendment. The move would reduce required budgetary outlays to cover notification of an atlas amendment to affected, and adjacent (i.e. those within 1,000 ft.), property owners. Please note as part of our floodplain management program, the Planning Department engages in a public awareness campaign keeping local property owners informed of flood issues as well as the various services offered by the County. This includes an annual letter sent to approximately 1,900 property owners whose property is encumbered by floodplain. This is part of our comprehensive floodplain management outreach program for which the County receives credit under the Community Rating System (CRS) resulting in a reduction in flood insurance premiums for local property owners. The elimination of the SFHA overlay district will not impact or alter existing outreach efforts conducted by the Department to keep property owners aware of flood issues and the various services offered to address compliance with flood regulations. Planning Board Recommendation: At its October 4, 2017 meeting, the Board voted unanimously to recommend approval of the: a. Statement of Consistency and Ordinance amending the Zoning Atlas Amendment eliminating the SFHA Overlay District, and b. Statement of Consistency and Ordinance amending the UDO modifying existing regulations adopting new FIRMs as well as ensuring consistency with new State and Federal flood damage prevention regulations. Draft minutes from this meeting are included in Attachment 3. Planning Board approved Statement(s) of Consistency amending the Zoning Atlas and UDO can be found in Attachment 4. Agenda materials from the October 4, 2017 Planning Board meeting can be viewed at: http://www.orangecountync.gov/10042017AgendaPacket.pdf. The proposed amendment, as deemed legally sufficient by the County's Attorney office and as recommended for approval by the Planning Board, is contained in Attachment 8. Planning Director's Recommendation: The Planning Director recommends approval of the: 119 1. Statement of Consistency indicating the Zoning Atlas amendment(s) are reasonable and in the public interest as contained in Attachment 5, 2. Ordinance amending the Zoning Atlas eliminating the SFHA Overlay District as contained in Attachment 6, 3. Statement of Consistency indicating the proposed UDO text amendment(s) are reasonable and in the public interest as contained in Attachment 7, and 4. The UDO text amendments as contained in Attachment 8. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for mailed notifications and 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. 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 consequences resulting from industrial, governmental and commercial operations or policies. RECOMMENDATION(S): The Administration recommends the Board: 1. Receive the proposed amendments as detailed in this abstract and attachments. 2. Conduct the public hearing and accept comments 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 Statement of Consistency for proposed Zoning Atlas Amendment(s) (Attachment 5), the Ordinance amending the Zoning Atlas (Attachment 6), the Statement of Consistency for proposed UDO Text Amendment(s) (Attachment 7), and Proposed UDO Text Amendment(s) (Attachment 8) as recommended by the Planning Board and staff; b. Defer a decision to a later BOCC regular meeting date; c. Refer the item back to the Planning Board for a specific purpose; or d. Deny the proposed amendments. (Note: Section 2.2.8 Effect of Denial on Subsequent Applications of the UDO states that no application for the same or similar amendment may be submitted for a period of one year. The one year period begins on the date of denial.) Attachment 1 120 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2017-03 Revise and update existing flood damage prevention regulations consistent with new Federal minimum standards, including adoption of new Flood Insurance Rate Map (FIRM) data. A. AMENDMENT TYPE Map Amendments Future Land Use Map: From: To: X Zoning Map: Elimination of the Special Flood Hazard Area (SFHA) Overlay District. Planning staff will reference the adoption of new flood mapping data within the Unified Development Ordinance (UDO). From: To: Other: Text Amendments Comprehensive Plan Text: Section(s): X UDO Text: XUDO General Text Changes XUDO Development Standards UDO Development Approval Processes Section(s): Section(s): 1. 1.1.3 Flood Damage Prevention Authority; 2. 1.1.6 Applicability and Jurisdiction; 3. 1.1.8 Regulation of Farming and Bona Fide Farm Activities; 4. 1.1.19 Disclaimer of Liability— Flood Regulations; 5. 1.2.2 Interpretation of Zoning District Boundaries; 6. 1.10 Floodplain Administrator; 7. 2.6 Floodplain Development Permit ; 8. 2.10 Variances ; 9. 4.3 Special Flood Hazard Overlay District ; 10. Article 6 Development Standards ; 121 11. 6.6 Additional Standards for Overlay Districts— Special Flood Hazard Area Overlay ; 12. 6.13 Stream Buffers ; 13. Article 7 Subdivisions ; 14. Article 8 Non-conformities ; 15. Article 9 Enforcement ; and 16. Article 10 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 Planning Director has initiated text amendments to revise and update existing flood damage prevention regulations as well as a zoning atlas amendment to eliminate the Special Flood Hazard Area (SFHA) Overlay District. The proposal involves updating existing standards to ensure consistency with the new Federal minimum model flood damage prevention ordinance as well as adopting new flood mapping data by reference in the UDO. 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'. In 1968 Congress created the National Flood Insurance Program (NFIP) to help provide a means for property owners to financially protect themselves from the possible damage of structures resulting from flood events. The program is intended to supplement typical homeowner insurance policies, which do not cover damage to structures resulting from a flood. The NFIP offers flood insurance in communities that participate, specifically through the adoption and enforcement of regulations designed to mitigate/reduce flood risk commonly referred to as flood damage prevention regulations, in the program. Part of the `regulations' local communities are required to adopt are Flood Insurance Rate Maps (FIRM) denoting areas susceptible to flooding. Participating communities use these maps to verify the anticipated `elevation' of flood waters during a storm event and work with property owners to ensure structures are not located in areas where flooding is a possibility. FIRM maps are modified over time to reflect changes, both increases and decreases, in anticipated flood levels. Participating communities are required to adopt these new maps once they are certified to continue to be eligible for participation in the NFIP. Orange County has been a member of the NFIP since approximately 1976. 122 The County's original FIRMs became effective on March 16, 1981, with the last update being completed on February 2, 2007. After a 3 year process, the County was informed in late June of 2017, new FIRM maps have been certified by the Federal government and are required to be adopted by local communities no later than November 17, 2017. Based on advice received from the County's Attorney in 2007, staff incorporated FIRM data onto the County Zoning Atlas creating the Special Flood Hazard Area (SFHA) overlay district. At the time staff expressed concerned over the fluid nature of FIRM data, which can be modified through the completion of an engineering study reviewed at the State and Federal level. While Planning staff is somewhat involved in this process, the timeline for review and action is dictated by others. Changes resulting from this review require re-adoption of flood mapping data at the local level, translating to the holding of a public hearing to amend the boundary of the SFHA overlay district. In consultation with current representatives of the County Attorney's office, it has been determined it would be prudent to eliminate the SFHA overlay district and adopt the FIRM maps by reference in the UDO. As there are changes in flood mapping data, staff would still be required complete a UDO text amendment incorporating the new FIRM maps but would not have to complete an atlas amendment. It should be noted this is how the majority of surrounding communities handle references/changes to FIRM data. Please note as part of our floodplain management program, the Planning Department engages in a public awareness campaign keeping local property owners informed of flood issues as well as the various services offered by the County. This includes an annual letter sent to approximately 1,900 property owners whose property is encumbered by floodplain. This is part of our comprehensive floodplain management outreach program for which the County receives credit under the Community Rating System (CRS) resulting in a reduction in flood insurance premiums for local property owners. An example of this annual outreach letter is contained in Attachment 3. The elimination of the SFHA overlay district will not impact or alter existing outreach efforts conducted by the Department to keep property owners aware of flood issues and the various services offered to address compliance with flood regulations. Copies of the pending flood map data are available at the County Planning office or by visiting the North Carolina Flood Risk Information System (FRIS) webpage at: http://fris.nc. ov/fris/ ome.aspx?ST- C. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Chapter 2 Planning Principles of the Comprehensive Plan: • Principle 2 - Sustainable Growth and Development: Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. Chapter 5 Land Use Element of the Comprehensive Plan: • Land Use Goal 1 - Fiscally and environmentally responsible, sustainable growth consistent with the provision of adequate services and facilities and a 123 high quality of life. • Land Use Goal 2 — Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. • Land Use Goal 4 — Land development regulations, guidelines, techniques, and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 4. New Statutes and Rules Federal revised minimum model flood damage prevention ordinance and new floodplain maps. C. PROCESS a. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed September 5, 2017 b. Quarterly Public Hearing November 14, 2017 c. BOCC Updates/Checkpoints September 6, 2017 Planning Board Ordinance Review Committee (ORC) meeting (BOCC receives agenda materials) October 4, 2017 — Planning Board Recommendation (BOCC receives agenda materials) d. Development Advisory Committee (DAC) September 21, 2017 e. Legal Sufficiency Determination Completed f. Other N/A b. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements a. Planning Board Review: September 6, 2017 — Ordinance Review Committee (ORC). During the ORC meeting the following questions/comments were made: a. A Board member asked if the amendment will impact farm operations. STAFF COMMENT: While the County has always had the authority to prevent the erection of farm structures within the Special Flood Hazard Area (SFHA), we cannot prohibit grazing and/or the planting/harvesting of crops within same. Further the County cannot enforce the floodplain 124 buffer as detailed in Section 6.13 of the Unified Development Ordinance (UDO) on a bona fide farm. b. A Board member asked what a Flood Insurance Rate Maps (FIRM) is and how are they produced. STAFF COMMENT: The FIRM is the official map on which FEMA has delineated the special flood hazard areas (SFHA) applicable to a specific community, which include the following information: • Common physical features (i.e. highways, roadways, railroads, water features, etc.), • Identified SFHAs, • Base flood elevations (BFE) or anticipated depth of flooding for given areas, • Flood insurance risk zones, and • Areas subject to inundation by the 500-year flood. FIRMs are created by Federal Emergency Management Agency (FEMA) officials at both the State and Federal level(s) after an analysis of the flood hazards in a given area are studied and evaluated. This study/evaluation is commonly referred to as a Flood Insurance Survey (FIS), prepared by FEMA, providing an analysis of the flood hazards in a given community. Once completed the FIS report contains detailed flood elevation data for the community in both flood profiles and data tables. c. A Board member asked if the elimination of the Special Flood Hazard Area Overlay District will negatively impact our flood management program. STAFF COMMENT: There should be no impact. Flood data will still be displayed on County GIS system(s) which can be viewed at: htts://gis.oranciecountync.ciov:3443/orancieNCGIS/default.htm. d. A Board member asked if these amendment(s) will alter the County's floodplain management outreach program. STAFF COMMENT: No. Staff will continue to send annual letters to local property owners outlining the services we offer as part of our floodplain program. e. A Board member asked if there is an increase in the identified floodplain in Orange County. STAFF COMMENT: The new FIRM denotes an increase in identified floodplain on several parcels of property as well as a measurable reduction for some parcels. This is the result in more accurate models, completed as part of the FIS, denoting those areas where flooding is possible throughout the area. 125 October 4, 2017 - Recommendation. During the Planning Board meeting the following questions/comments were made: a. A Planning Board member asked why the County was doing this. STAFF COMMENT: The County is required to adopt the new Flood Insurance Rate Maps (FIRMs) in order to remain eligible for participation in the National Flood Insurance Program. This enables local property owners purchase flood insurance and be eligible for disaster relief aid/grants to address damage from a storm event. b. A Planning Board member asked if certified letters were sent out because the Special Flood Hazard Area Overlay is being eliminated. STAFF COMMENT: Yes. Per Section 2.8.7 (D) of the UDO the County is required to send out certified letters to property owners affected by a Zoning Atlas Amendment. c. A Planning Board member expressed concern over the potential for conflicting information concerning a property's location within a floodplain. Specific reference was made to correspondence from an insurance carrier concerning a parcel of property being located within a floodplain. STAFF COMMENT: Staff agreed mistakes could be made, or information misconstrued, concerning the presence of floodplain on a given parcel of property. Those property owners wishing to verify if their property is encumbered by floodplain can call the Planning Department for more information. d. A Planning Board member asked if these amendments will impact property located within the jurisdiction of a local municipality. STAFF COMMENT. This amendment will not have any impact on property located within the planning jurisdiction of Chapel Hill, Carrboro, Mebane, Hillsborough, or Durham. e. A Planning Board member asked if these amendments were adopted would the County be initiating enforcement action to compel property owners to bring structures into compliance. STAFF COMMENT: Adoption of the proposed amendments will not require property owners to immediately bring property into compliance with new regulations. Such action will typically be needed if structures located within the floodplain are expanded, modified, or retrofitted. f. A local property owner asked if there any changes in required setbacks from the floodplain were proposed as part of this amendment. STAFF COMMENT: No changes to existing floodplain buffer standards were proposed as part of this amendment package. g. A local property owner asked if there was a process to challenge FEMA's determination on the amount of floodplain on property. STAFF COMMENT: FEMA has a petition process whereby local property owners can ask for a review of floodplain boundaries on a given parcel of property. h. A Planning Board member asked if it was possible for someone to be landlocked out of their property due to the presence of floodplain. STAFF COMMENT: No. Roadways and driveway could be developed under specific conditions as articulated in the UDO. 126 b. Advisory Boards: N/A c. Local Government Review: N/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: i. 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. D. AMENDMENT IMPLICATIONS The updating of existing flood damage prevention standards and the new FIRM data will ensure consistency with the new Federal minimum model flood damage prevention ordinance and allow us to maintain our membership in the NFIP program. E. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment 8. Primary Staff Contact: Michael D. Harvey Current Planning Supervisor (919) 245-2597 mharvey @orangecountync.gov Attachment 2 Orange Co u n t Z o n i n 127 y g ___/r� •fi .at,,ii1r. Iii! 7 , !■■ .i 4> N.. 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Li ��rh �n�°fie Attachment 3 —Excerpt of 128 Approved Planning Board Minutes 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 OCTOBER 4,2017 4 REGULAR MEETING 5 6 7 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Tony Blake(Vice-Chair), 8 Bingham Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large 9 Chapel Hill Township; Buddy Hartley, Little River Township Representative; Kim Piracci, At-Large; Township; 10 Alexander Gregory, Chapel Hill Township Representative; David Blankfard, Hillsborough Township Representative; 11 12 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Andrea Rohrbacher, At-Large Chapel Hill 13 Township; Donna Coffey, Cedar Grove Township Representative; 14 15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Tom Altieri, 16 Comprehensive Planning Supervisor; Ashley Moncado, Planner II; Patrick Mallett, Planner II; Meredith Kern, 17 Administrative Assistant II; 18 19 OTHERS PRESENT: Jim Parker, Settlers Point Developer; Ariel Gamboa, Engineer from Summit Engineering, Ed 20 Sarginey, Traffic Engineer; MEMBERS OF THE PUBLIC; Imbi Kiiss, Charlene Summers, Vicki Berry, Amanda Berry, 21 Ralph Warren, Deborah Markely, B. Tatum, Ursula Stumpf, Ricki Walker, Michael Efland, Joseph Shore, Charles 22 Brantley, M.K. Ramm, Gerald Scarlett, Tara Hulse, Truitt Holmes, Ellen McRae, Deborah Christensen, Jim Record, 23 Joe Chockley, Phllyis Moody, Lindsay Tapp, Michele Dixon, Carol Yavalek, Melinda Wilson, Edward Lourdevwik, 24 Nannie Richmond, Robert Kadle, Ariel Gamboa, Robin Schectman, William Piscitello, Wayne Honeycutt, Janet 25 Marks, Joan Kalnitsky, John Lemaine, Jane Ottara, Amber Dunn, David Liner, BJ Ray, Brenda Tate, J. Davis, Jana 26 Doherty, Sandra Tromba, Craig Burch, Kevin Nicholson, Beverly Scarlett, Ron Spada, Beth Rosenberg; 27 28 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 29 30 Lydia Wegman called the meeting to order and thanked the Board and members of the public for being present. She 31 went over how the meeting would run and advised that if members of the public wanted to speak,they should sign-in. 32 33 AGENDA ITEM 2: INFORMATIONAL ITEMS 34 a) Planning Calendar for October and November 35 • November 1 —Planning Board Meeting 36 • November 14—Quarterly Public Hearing 37 38 Lydia Wegman informed the Board of the several upcoming meetings: Planning Board Meeting on November 1st and 39 the Quarterly Public Hearing on November 141h; the next Orange Unified Transportation (OUT) Board Meeting on 40 October 18117; a Joint Board of County Commissioners (BOCC) - Town of Carrboro Meeting on the October 26th, 41 regular BOCC meeting on October 17th and Nov. 2nd;the Assembly of Governments Meeting on November 16th and 42 an OUTBoard meeting on November 15th. Ms. Wegman noted that Planning Board members'attendance is expected 43 and desired at the BOCC November 14th Quarterly Public Hearing. 44 45 AGENDA ITEM 3: APPROVAL OF MINUTES 46 September 6, 2017 ORC Notes 47 September 6, 2017 Regular Meeting 48 49 MOTION by Kim Piracci to approve the September 6, 2017 ORC Meeting Notes. Seconded by Tony Blake. 50 VOTE: UNANIMOUS 51 52 MOTION by Tony Blake to approve the September 6, 2017 Regular Meeting Minutes. Seconded by Kim Piracci. 53 VOTE: UNANIMOUS 54 55 129 56 57 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS AND ZONING ATLAS AMENDMENTS 58 — FLOOD REGULATIONS - To make a recommendation to the BOCC on government-initiated 59 amendments to the text of the UDO pertaining to flood regulations and to remove the Special 60 Flood Hazard Area (SFHA)from the Zoning Atlas. This item is scheduled for the November 61 2017 quarterly public hearing. 62 63 PRESENTER: Michael Harvey, Current Planning Supervisor 64 65 Michael Harvey greeted the Board and began reviewing the presentation. Mr. Harvey reviewed the components of 66 the packet (beginning on page 19) and provided a little bit of background on flood regulations. In 1968, Congress 67 created the National Flood Insurance program. Orange County has been a member of the program since 1976. This 68 program is intended to provide a means for property owners to financially protect themselves from the possible 69 damage of structures resulting from flood events. Flood insurance supplements typical homeowners' insurance 70 policies which do not usually cover damage from a flood. Flood insurance is available to communities participating in 71 the program, and since Orange County is a participating, flood insurance is available to local residents. Participating 72 in this program means that a community adopts and enforces regulations (commonly referred to as Flood Damage 73 Prevention Regulations) designed to mitigate or reduce flood risk. This includes adoption of Floor Insurance 74 Regulation Maps (FIRM maps) denoting areas that are susceptible to flooding. Staff uses these documents to 75 evaluate the anticipated level of floodwaters during a storm event which allows Staff the opportunity to work with 76 property owners to plan for reasonable, viable development that will be reasonably free from inundation during a 77 flood. FIRMs are modified over time by the Flood Emergency Management Agency (FEMA) to reflect increases and 78 decreases in anticipated flood levels. Local communities like Orange County do not develop or maintain FIRMs; 79 these maps are maintained and modified by FEMA. While Orange County participates in the creation of these maps, 80 Staff does not do the studies, analyze data, create flood models, or make determinations with respect to what 81 property should and should not be included within a flood zone. Once communities are determined to be eligible to 82 participate in the National Flood Insurance Program, these communities are required to adopt FIRMs. Thus, if new 83 maps are not adopted, the County will no longer be eligible for participation in program, meaning flood insurance will 84 not be available to local residents. FEMA has finally approved new flood maps, a 3.5-4 year process that has 85 involved numerous revisions and modifications to the existing study. FEMA is also modifying its model floodplain 86 ordinances and established definitions and regulatory components. Orange County is obligated to adopt this in order 87 to insure consistency with FEMA policies and in order to preserve participation in the flood management program. 88 Staff is proposing to add new maps, enforceable once the BOCC acts on the proposed ordinance amendment. Staff 89 is also proposing to amend the Zoning Atlas to eliminate the Special Flood Hazard Overlay District. In 2007, the 90 County Planning Department was directed by the County Attorney (at the time) that flood regulation in and of itself 91 constituted a land use regulation tool, and as such, needed to be reflected on the Zoning Atlas, so the flood maps 92 were adopted and incorporated into the Zoning Atlas. However, as FIRMs change, Staff is obligated to continuously 93 update the Zoning Atlas. Now, in 2017, there is a new County Attorney who does not understand why Staff is 94 maintaining several different data sets in order to enforce FEMA flood map data, since the maps are the legally- 95 binding documents that the County has to observe. So, based on this reasoning, the recommendation is to eliminate 96 the Special Flood Hazard Overlay District. Staff is also to proposing updates to the ordinance that eliminate 97 inconsistencies that have existed for several years. Specifically, there are provisions that the state has encouraged 98 local communities to include, which Orange County did adopt, that would allow local government leaders (BOCC)to 99 issue waivers for certain activities to be done in the flood zone. Such uses would include solid waste facilities, 100 salvage yards and chemical storage facilities. This does not make any sense to Staff, and since the County is not 101 obligated to have it, Staff is recommending the elimination of this mechanism. The elected body should be given a 102 methodology to practically issue permits to develop in these areas. Staff is also recommending changes to update 103 compliance issues for consistency with state law. Specifically, bona fide farms located within extra-territorial 104 jurisdictions (ETJs) that are located within a municipality, like Chapel Hill, Carrboro, Hillsborough, do not have to 105 comply with towns'flood standards. By state law, they do have to comply with county flood standards. The effort is to 106 adopt the ordinance to be consistent with state law and to properly identify what the County does and not have 107 authority over. Staff is also updating existing definitions to be consistent with FEMA standards. There have been 108 some minor changes and tweaks to the definitions of design flood, Special Hazard Flood Area, and other related text 109 for FEMA's satisfaction. What impacts will these changes have?There are some properties where there has been an 110 increase in identified floodplain, meaning the property will be regulated under existing floodplain management 130 111 standards.This does not mean that affected properties owners will have to secure permits the day after the maps are 112 adopted to make modifications to their property to bring it into compliance with the Ordinance. The adoption of new 113 flood map data does not automatically mandate property owners to address compliance immediately. If a structure 114 was built respective of regulations at the level, and level of development the time, it was legal, so the property owner 115 will not have to bring it up to compliance under the flood management ordinance, and will not create an automatic 116 zoning enforcement action. However, the structure may not be able to be expanded or modified. In response to many 117 calls from residents who are also in attendance at the meeting, Mr. Harvey said that the County—as a matter of law 118 or policy--cannot compel, require, force or mandate that property owners get flood insurance. Mr. Harvey said that 119 lending agents have the ability to do this, especially with federally-backed mortgages. Mr. Harvey said that he does 120 think it is a good idea for property owners to consider getting flood insurance and there is plenty of information at the 121 Planning Department and on the County's website about the many reasons. However, he wanted to make clear that 122 the County will not compel property owners to buy flood insurance. The biggest update is to eliminate references to 123 the Special Flood Hazard Area Overlay District from within the UDO and replace them with "Special Flood Hazard 124 Regulation." Mr. Harvey addressed questions from residents about why they were notified about these said changes. 125 He said that Orange County's UDO requires that any time the County initiates a Zoning Atlas amendment on a parcel 126 of property, that property owner has to be notified of the proposed change via certified mail. For this effort, Staff sent 127 our approximately 2,000 certified letters. 128 129 Lydia Wegman asked if the letters were sent out because the Special Flood Hazard Area Overlay is being eliminated. 130 131 Michael Harvey responded that yes, Staff is eliminating the Overlay District which is a Zoning Atlas amendment. By 132 definition, Staff is required to notify people within set distances; placards were also posted to property owners within 133 1,000 feet of the Special Flood Hazard Area Overlay District regarding the elimination of the Overlay District. There 134 have been lots of questions regarding the notification system being a proper use of County tax dollars. In response to 135 this, Mr. Harvey said that the UDO, as adopted by the elected officials, obligates him to follow the guidelines 136 explicitly. He also noted that the same notification process is required for the upcoming public hearing with the 137 BOCC. 138 139 Lydia Wegman asked if Mr. Harvey was talking about the November 14th Quarterly Public Hearing. 140 141 Michael Harvey answered that he was and that just last night, the BOCC confirmed that this item would be 142 discussed. Mr. Harvey continued with his presentation. He said that the Planning Department's website includes a 143 factsheet, links to the NC Flood Risk Information System which can give property owners an understanding of where 144 there properly lies within the existing and preliminary floodplain maps based on floodplain data. Even with the 145 elimination of the Overlay District, the department will be maintaining floodplain data on the County webpage for easy 146 access for residents and Staff. Mr. Harvey encourages residents to meet with Staff to review the various services 147 offered as part of the County's flood management program. Mr. Harvey read over the components of the factsheet. 148 He noted that one question answered in an updated version of the factsheet is if the County can update a FIRM to 149 take a property out of the floodplain, and the answer is no, it cannot. However, an individual can petition FEMA to 150 make this change, and Staff has included information on how this can be done via a link on the factsheet. The 151 Planning Department can provide assistance to individuals going through this process but only on a basic level. Next, 152 Mr. Harvey showed a visual of the Flood Risk Information System (FRIS) maps and guided the Board and other 153 meeting attendees through how to find the maps by address using online tools. Staff can work with property owners 154 who visit the Planning Department on accessing these online maps and related information. Mr. Harvey said that the 155 Planning Director recommends that the Board review the proposed amendments, deliberate, and make a 156 recommendation to the BOCC on the Statement of Consistency (Attachment 3), the amendment to the Zoning Atlas 157 to eliminate the Special Flood Hazard Area Overlay District (Attachment 4), Statement of Consistency for the 158 proposed UDO text amendments(Attachment 5), and the actual proposed UDO text amendments(Attachment 6). He 159 asked if there were any questions. 160 161 Tony Blake asked if, in a nutshell, the County wants to get out of the business of being between FEMA and the 162 property owner. 163 164 Michael Harvey responded that the County is always in this position because the County is in the role of local 165 floodplain administrator and it is the County's job to help individuals understand what they can and cannot do within a 131 166 floodplain, and how to navigate through FEMA. He said that the County is getting out of the business of is no longer 167 maintaining multiple data sources that could be seen as conflicting with official FEMA data and could potentially put 168 the County in jeopardy if someone argued that the County is not using the appropriate flood map. 169 170 Paul Guthrie said that some time ago, he received a letter from his insurance agency saying that his property was in 171 a floodplain district and he needed to get a floodplain insurance policy. He was concerned about the communication 172 from the insurance organization since he did not consider his property to be located within a floodplain. He asked if 173 there is anyone to get word out to residents that communications from insurance agencies may not be based on 174 FEMA floodplain determinations. He thought that a property owner might reach out to FEMA to find out the most 175 accurate information. 176 177 Michael Harvey agreed with Mr. Guthrie that a property owner should reach out to FEMA to verify information from a 178 non-government entity claiming that property is in a floodplain. Property owners can call the Planning Department for 179 an immediate answer as to whether or not their property is located within a floodplain. Staff provides a document 180 called a Site Assessment denoting a property's development opportunities and constraints, including information on 181 floodplain on a parcel of property. If a property is located within the floodplain, Staff will provide information regarding 182 applicable regulations. Mr. Harvey noted that the Planning Department can only provide accurate floodplain 183 regulation information to property owners with property in the County's planning jurisdiction, and cannot provide 184 comments to property owners living within another local municipality's jurisdiction. 185 186 Lydia Wegman asked if residents with property in a local municipality's jurisdiction should go to their municipality's 187 Planning Department for more information on floodplain. 188 189 Michael Harvey answered that yes. For example, if someone has property in Chapel Hill, that person should go to the 190 Chapel Hill Planning Department, or even the Town of Chapel Hill's Stormwater Group to speak to the Floodplain 191 Manager. 192 193 Tony Blake asked for more information on the minor corrections FEMA requested be made to the County's submitted 194 documents. 195 196 Michael Harvey said that the feedback was more about the way a definitions reads, and Staff is making all changes 197 FEMA requested. 198 199 Tony Blake asked if Michael Harvey knows approximately how much land in Orange County is in a floodplain. 200 201 Michael Harvey said that he does not know specifically, but he did say with certainty that there are areas of the 202 County where the floodplain is decreasing, though there are some significant areas with increases. He will be 203 meeting with some property owners who live off of Starlight, a small residential subdivision off of NC-86, on Friday to 204 go over how the new flood maps will affect their property (once the maps are adopted) and how the changes will 205 affect their land use options. It is possible that the floodplain data for this community should have been denoted on 206 maps several years ago. 207 208 Tony Blake said that based on research he has been doing on his own, the FEMA flood maps are notoriously 209 inaccurate in some areas. He said that FEMA may be looking for this feedback. 210 211 Michael Harvey said that the current model takes into account a myriad of factors previously excluded; it takes into 212 account more topography data, uses better survey data, applies data from LiDAR for elevations of houses, and 213 consults hydrologic studies to identify where the model may have been excessive or not descriptive enough. While 214 Mr. Harvey empathizes with property owners who are going to see more floodplain encumbering their property, it is 215 his job to help them understand their options, provide answers on what can be done to flood-proof their home, and 216 assist them as flooding incidents occur so that they can take advantage of FEMA funding when and if a flood does 217 occur. 218 219 Lydia Wegman asked if there are options for a property owner dealing with an increase in floodplain. 220 132 221 Michael Harvey answered that there are options but they might not all be great options; still, there are options for 222 flood-proofing a house that does not compel elevation and steps to mitigate exposure to flood. There are properties 223 that now have floodplain fully engorging the area where the house is located and there are properties with a more 224 engorged floodplain than before. This is a fact but the County is willing to work with them. 225 226 Lydia Wegman asked for confirmation that those property owners are not required to do anything immediately. 227 228 Michael Harvey confirmed this. He said that action will typically be needed if a property owner with floodplain is 229 looking to modify, expand or retrofit their residence; or, when there are damages from a flood event, the property 230 owner will have to work with the County as to how the house can be retrofitted to bring it into compliance. 231 232 Lydia Wegman asked if the County can advise on what retrofits are acceptable. 233 234 Michael Harvey replied that the County defers to FEMA on that topic. 235 236 Tony Blake noted that with federal financing, the recipient must agree to certain federal rules governing changes in 237 order to receive such funding. 238 239 Lydia Wegman asked the Board if there were any additional questions. Hearing none, she referred to the audience 240 for comments and questions. She and Tony Blake said that there will be a 3 minute rule in place for persons 241 speaking. Ms. Wegman announced that she would read the names of people who had signed-up to speak, and at 242 that time, if an individual wanted to speak, they would be welcome to come up to the microphone to ask a question or 243 share comments.The read the following names:James Davis, Shannon Murdoch-Doherty, Ruth Lun (spelling?). 244 245 Tony Blake asked if the names she was reading aloud were those of people who wanted to speak. 246 247 Lydia Wegman said that instead of reading off the list,she invited all audience members who wanted to speak to line- 248 up behind the microphone. She then invited those individuals to introduce themselves before their comments. 249 250 Claude B. Tyson introduced himself. He said that he lives at 904 Miller Road off of 70. He explained that he has a lot 251 of water around his property,which he likes. He asked for more explanation for how he can understand the difference 252 between what his floodplain looks like now as compared to the new floodplain plat he received in the mail. He asked 253 if Mr. Harvey could show an example using online maps of how to compare the floodplain maps. 254 255 Michael Harvey said that the maps mailed by the County were color-coded. The blue on the maps indicates 256 floodplain; the lavender/pink color shows areas that were not previously in the floodplain but are being added; yellow 257 shows areas no longer in the floodplain. He remembered that Mr. Tyson's property showed only blue, so even with 258 new data, the maps are the same. 259 260 Lydia Wegman reiterated that there is no change on Mr.Tyson's flood maps. 261 262 Michael Harvey concurred. More information is available on the Orange County webpage including the project 263 factsheet (he showed this visually), a floodplain information page that provides details of program, protections, 264 resources and links to other information, and copies of certain properties with elevation certificates on-file. Within the 265 factsheet, Staff has provided links to the UDO, to County's GIS webpage to look-up a property, to the FRIS webpage, 266 and information on how to petition FEMA(link)to request a"letter of map change." 267 268 Tony Blake asked if the County's GIS data is in sync with the FRIS data. 269 270 Michael Harvey responded that the data is in sync with the current effective flood maps. These online maps will be 271 updated once the County officially adopts the new maps. He said that people can access archived data for residents 272 to use to compare and notice changes (2000-2007 FRIS maps). 273 274 Mike Efland wanted to know if there are any changes in setbacks from the floodplain line. 275 133 276 Michael Harvey said yes, the County enforces a buffer measured from the edge of the Special Flood Hazard Area, 277 and if there are increases in the floodplain on one's property,then this buffer has also increased. 278 279 Tony Blake said that the same logic applies here-enforcement action will not being taken immediately. 280 281 Michael Harvey agreed and said that if there is development that was already in existence, the structure was legal at 282 the time of development. The fact that there was a change to the ordinance regarding floodplain would not be cause 283 for Staff to cite a property owner for violating the floodplain buffer requirements. 284 285 Lydia Wegman said that all existing development is "grandfathered-in" (or still considered legal) but future 286 development may be affected as far as where it could go on the property. 287 288 Mike Efland followed-up on his question and asked if the footage off of the floodplain would change. He noted where 289 the buffer was shown on the map he received. 290 291 Michael Harvey reiterated that if the floodplain on Mr. Efland's property is increasing, the buffer will also be 292 increased, based buffer requirements in the UDO. Mr. Harvey said that the map shows the size of the buffer which is 293 based on the slope of property going into the floodplain. 294 295 Lydia Wegman asked if the slope determines the setback on the property from the floodplain. 296 297 Michael Harvey corrected setback to the floodplain buffer. 298 299 Tony Blake said that the setback requirements referenced in the UDO are defined from the new floodplain buffer line. 300 301 Michael Harvey agreed with this statement. 302 303 Lydia Wegman said that the existing UDO buffer requirements remain in effect. 304 305 Michael Harvey reiterated that the floodplain buffer requirements are not changing. 306 307 Lydia Wegman asked Mr. Efland if that answered his question. 308 309 Mike Efland replied that it did. 310 311 Ed Johnson who lives off Buckhorn Road close to a creek questioned the fine-grain accuracy of floodplain maps. He 312 talked to Michael Harvey before the meeting about the positioning of his house within the floodplain. His house is 313 built on a flat slab but he said that the floodplain map shows his house half-in/half-out of the floodplain. He thinks this 314 is logically impossible. He wondered about the accuracy of the map and whether he is stuck with what is on the map 315 or if it can be nullified by the Board. 316 317 Michael Harvey recommended that Mr. Johnson petition FEMA by writing a letter to request a map change. 318 319 Lydia Wegman asked if this information helped answer his question and recommended that he reach out to FEMA 320 and talk with Mr. Harvey about his concerns further. 321 322 Ron Spada, who lives on McKee School Road off of highway 57, said that his property is affected by increased 323 floodplain. He asked if there are programs for property owners to mitigate floodplain and erosion issues. The Little 324 River is behind his property. Is there anything that the state or County would help with, like with a retaining wall, for 325 example, to slow things down. 326 327 Michael Harvey responded that there are hazard mitigation block grants available on the federal level that can 328 provide assistance for retrofitting. These grants are competitive and the County has to apply for them. Ten years ago, 329 the County applied for and received this grant and used it for elevation certificates for 70 homes during the last flood 330 maps review. Additionally, grants have been used to purchase people's homes that were in floodplains and turn the 134 331 area into open space. The County does not have an allocation for funds for hazard mitigation and federal aid is being 332 reduced and/or re-routed to municipalities majorly hit by flood events like hurricanes. 333 334 Tony Blake asked if the USDA could help in any way. 335 336 Michael Harvey responded that he does not think that the USDA has a program designed to help with flood 337 management issues. 338 339 Lydia Wegman said that the question comes back to FEMA having funding for local block grants and that they 340 unfortunately have a huge demand on their resources right now. 341 342 Michelle Dickson/Dixon said that she inherited her property from her husband, the late Mitchell Dickson/Dixon. Based 343 on the new maps, her property will no longer be in a floodplain. She wanted the Board to know that in 1998 there was 344 a permit granted to put a road in right through the identified floodplain. Unfortunately, even though there was a road 345 built, it was not built through the property and now Ms. Dickson is landlocked. She is concerned that the Planning and 346 Inspections Department has an inaccurate permit on file for the road, which was built around the floodplain, not 347 through the property as originally described when the permit was granted. Now the issue is that she cannot access 348 the property and the changing floodplain area does not help the long-standing problem. 349 350 Lydia Wegman asked if Michael Harvey or Craig Benedict would be able to address the speaker's concerns. She 351 said that the Planning Board would not be able to change the situation. 352 353 Michael Harvey said that the Planning Department has a flood development permitting process that allows for 354 development in a floodplain, roads being the biggest example (or utilities). If this type of development provides the 355 only viable legal access to someone's property, the department would not be able to prohibit that outright. Mr. Harvey 356 asked Ms. Dickson to make an appointment with him so that he can look into the matter more directly. 357 358 Tony Blake asked if it is possible for someone to be landlocked out of their property due floodplain. 359 360 Michael Harvey said that roadways are allowed to be developed in a floodplain, otherwise a property owner would be 361 landlocked and the land would lose value. 362 363 Tony Blake said that there would be different requirements for development a road. 364 365 Michael Harvey replied that the County and the state FEMA office would have certain requirements for this 366 development. There would have to be a "no rise" certification meaning that the development of the road would not 367 cause an increase in floodplain. 368 369 Lydia Wegman noted that in the case of Ms. Dickson, the floodplain decreased. 370 371 Michael Harvey said that he would need to look at the specifics of her case. 372 373 Michelle Dickson noted that the property still floods and that she would talk to Mr. Harvey about the issue further. 374 375 Lydia Wegman asked if there was anyone else who would like to speak on this matter. Hearing no one else, she 376 thanked members of the public. She then asked Mr. Harvey to remind her of the recommendation. 377 378 Michael Harvey repeated the recommendation (see motion below). 379 380 Tony Blake asked if the recommendations should be made in individual motions. 381 382 Michael Harvey suggested that the Board could approve the Planning Director's recommendation in total. 383 384 MOTION by Tony Blake to approve the Planning Director's recommendation in total - to approve the Statements of 385 Consistency for proposed Zoning Atlas Amendments in Attachment 3, the ordinance amending the zoning atlas in 135 386 Attachment 4, the Statement of Consistency for proposed UDO Text Amendments in Attachment 5,and the proposed 387 UDO text amendments in Attachment 6. Seconded by Randy Marshall. 388 VOTE: UNANIMOUS 389 390 Lydia Wegman thanked Michael Harvey. 391 136 Attachment 4 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated amendments to the Zoning Atlas to eliminate the Special Flood Hazard Area (SFHA) Overlay District as currently depicted on the official Orange County Zoning Atlas. The County will adopt flood map data, as generated/maintained by the Federal Emergency Management Agency (FEMA) and depicted on Federal Insurance Rate Map (FIRM), by reference within the Unified Development Ordinance (UDO). 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, which is proposed for concurrent amendments. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6 —A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by referencing, adopting, and enforcing a single source of flood map data as well as eliminating the need for staff to maintain multiple sources of flood information. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by eliminating potential sources of contradictory flood map information. This amendment ensures uniformity by eliminating SFHA overlay district in its entirety and relying solely on flood data created and maintained by FEMA. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed Zoning Atlas amendment(s). _ \ Lit It V-Th. Ly.is N. Weg if an, Chair Date 137 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 modify existing floodplain management regulations eliminating references to the Special Flood Hazard Area (SFHA) Overlay District, incorporating references to new Federal Insurance Rate Map (FIRM), and updating existing language to ensure consistency with applicable Federal Emergency Management Agency (FEMA) standards. 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. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6 —A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by updating existing language to ensure consistency with FEMA's minimum model flood ordinance, eliminating references to the Special Flood Hazard Area (SFHA) Overlay District, which is being eliminated, and adopting new FIRM data. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by eliminating contradictory regulations and guidelines. These amendments ensure uniformity by eliminating references to a deleted overlay district and updating existing floodplain management regulation(s) consistent with revised FEMA standards. 2. Ensures legal sufficiency by adopting new FIRM data, as prepared by FEMA, by reference. This amendment allows Orange County to enforce current flood map data thereby ensuring our continued eligibility for participation in the National Flood Insurance Program (NFIP). 138 The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed UDO text amendment. •..mss' V Lydia . Wegma;Chair Date s3 { 139 Attachment 5 STATEMENT OF APPROVAL AND CONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated amendments to the Zoning Atlas to eliminate the Special Flood Hazard Area (SFHA) Overlay District as currently depicted on the official Orange County Zoning Atlas. The County will adopt flood map data, as generated/maintained by the Federal Emergency Management Agency (FEMA) and depicted on Federal Insurance Rate Map (FIRM), by reference within the Unified Development Ordinance (UDO). The Board of County Commissioners hereby approves the Zoning Atlas Amendment and 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, which is proposed for concurrent amendments. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6 —A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by referencing, adopting, and enforcing a single source of flood map data as well as eliminating the need for staff to maintain multiple sources of flood information. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by eliminating potential sources of contradictory flood map information. This amendment ensures uniformity by eliminating SFHA overlay district in its entirety and relying solely on flood data created and maintained by FEMA. The Board of County Commissioners hereby adopts this Statement of Approval and Consistency as well as the findings expressed herein. Mark Dorosin, Chair Date 140 Attachment 6 Ordinance#:ORD-2017-024 AN ORDINANCE AMENDING ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has initiated amendments to the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County UDO, and WHEREAS, the proposed amendment eliminates the Special Flood Hazard Area (SFHA) Overlay District as currently depicted on the official Orange Zoning County Zoning Atlas impacting the following specific parcels: Site ADDRESS OWNER LAST NAME PIN Identification: 1 1000 SABRE CT COCOMERO 9768160253 1 1000 SABRE CT COCOMERO 9768160723 2 1002 IREDELL ST KOONTZ 9885353948 2 1002 IREDELL ST KOONTZ 9886986894 3 101 E ORANGE ST HILLSBOROUGH TOWN 9847920789 3 101 E ORANGE ST HILLSBOROUGH TOWN 9848340525 3 101 E ORANGE ST HILLSBOROUGH CITY 9848355381 4 101 MCDADE STORE RD COMPTON 9857615075 4 101 MCDADE STORE RD COMPTON 9857710277 5 1010 LAKEVIEW DR HARTSELL 9820987058 5 1010 LAKEVIEW DR FUCHS 9857561262 6 1015 WAVE RD CHRISTENSEN 9832068188 6 1015 WAVE RD CHRISTENSEN 9832160677 7 102 WHITE CAP CT WHITE FAMILY PROPERTY 9875635812 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875648222 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875747562 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875759293 8 1020 LAWRENCE RD DUBOSE 9884148879 8 1020 LAWRENCE RD DUBOSE 9884243189 9 1021 DIMMOCKS MILL RD COON ROCK FARM 9864122219 9 1021 DIMMOCKS MILL RD COON ROCK FARM 9864224688 10 103 GRAPEVINE LN GWIN 9863809523 10 103 GRAPEVINE LN GWIN 9863900565 11 1032 DIMMOCKS MILL RD ISKCON OF NORTH CAROLINA 9864030474 11 1032 DIMMOCKS MILL RD ISKCON OF NORTH CAROLINA 9864033511 12 105 MIRAMAR PLACE RICHARDSON 9777271265 12 105 MIRAMAR PLACE RICHARDSON 9777271751 13 1050 DUFFYS WAY MANSHIP 9749223199 13 1050 DUFFYS WAY MANSHIP 9749225643 1 141 13 1050 DUFFYS WAY MANSHIP 9749229743 14 109 N CARDEN DR CARDEN 9858724035 14 109 N CARDEN DR CARDEN 9858726195 15 11 LEIGH DR SMOLLEN 9758576651 15 11 LEIGH DR SMOLLEN 9758672521 16 1101 HAYNES ST#205 TRIANGLE 9882282545 16 1101 HAYNES ST#205 TRIANGLE 9882291055 16 1101 HAYNES ST#205 TRIANGLE 9882387512 16 1101 HAYNES ST#205 TRIANGLE 9883304125 17 1111 BEN JOHNSTON RD WARD 9864043679 17 1111 BEN JOHNSTON RD WARD 9864052222 18 115 REID ROBERTS RD ROBERTS 9885244341 18 115 REID ROBERTS RD ROBERTS 9885253065 19 116 W JONES ST NORTH CAROLINA STATE 0803330921 19 116 W JONES ST NORTH CAROLINA STATE 0803351010 19 116 W JONES ST NORTH CAROLINA STATE 0803358190 19 116 W JONES ST STATE OF NORTH 0803362006 19 116 W JONES ST NORTH CAROLINA STATE 0803452622 19 116 W JONES ST NORTH CAROLINA STATE 9885811011 19 116 W JONES ST NORTH CAROLINA STATE 9885905218 19 116 W JONES ST NORTH CAROLINA STATE 9893743826 19 116 W JONES ST NORTH CAROLINA STATE OF 9893757184 STATE 19 116 W JONES ST NORTH CAROLINA STATE 9893771822 19 116 W JONES ST NORTH CAROLINA STATE 9895722880 19 116 WEST JONES ST NORTH CAROLINA STATE OF 9893649998 STATE 19 116 WEST JONES ST NORTH CAROLINA STATE OF 9893854356 STATE 20 118 WOODKIRK LN POVSIC 9881123777 20 118 WOODKIRK LN POVSIC 9881133144 21 120 MINKA FARM LN MINKA FARM LLC 9831977119 21 120 MINKA FARM LN MINKA FARM LLC 9845053927 22 1201 NEW HOPE CHURCH RD TAPP 9871677605 22 1201 NEW HOPE CHURCH RD TAPP 9871690047 23 1216 CRAWFORD DAIRY RD BRAXTON 9727973537 23 1216 CRAWFORD DAIRY RD BRAXTON 9727983789 24 1220 MT CREEK RD COOK 9871488233 24 1220 MT CREEK RD COOK 9871573883 24 1220 MT CREEK RD COOK 9871583565 24 1220 MT CREEK RD COOK 9871588254 25 1233 TRIPP RD SMITH 9747479816 25 1233 TRIPP RD SMITH 9747489321 26 1306 GOVERNOR BURKE RD LATTAS EGG RANCH INC 9875250658 26 1306 GOVERNOR BURKE RD LATTA'S EGG RANCH 9875350483 26 1306 GOVERNOR BURKE RD LATTAS EGG RANCH 9875453652 26 1306 GOVERNOR BURKE RD LATTA'S EGG RANCH 9875664826 142 27 1313 LAKE ORANGE RD LEE 9857530491 27 1313 LAKE ORANGE RD LEE 9857531511 27 1313 LAKE ORANGE RD LEE 9857531606 27 1313 LAKE ORANGE RD LEE 9857531717 27 1313 LAKE ORANGE RD TALTON 9857532274 28 1319 FRAZIER RD HALL 9835765469 28 1319 FRAZIER RD HALL 9835769381 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9874864363 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9884075341 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9884582753 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9893595512 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893732340 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893735417 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893852155 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894170451 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE OF 9894519810 STATE 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894524693 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894607767 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9894639313 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9894710654 29 1321 MAIL SERVICE CTR NORTH CAROLINA STATE 9874988553 29 1321 MAIL SERVICE CTR STATE OF NORTH CAROLINA 9893655670 30 135 CEDAR HILLS CIR FUNKHOUSER 9893856947 30 135 CEDAR HILLS CIR FUNKHOUSER 9893863109 31 138 RIDGE TRL GHOBRIAL 9862805890 31 138 RIDGE TRL GHOBRIAL 9862814095 32 1400 BEN JOHNSTON RD BROOKS 9854928491 32 1400 BEN JOHNSTON RD BROOKS 9854930649 33 1414 A OLD GREENSBORO RD YOW 9768301576 33 1414 A OLD GREENSBORO RD YOW 9768304627 34 1414 GREGORY GLEN DR GREGORY 9857791878 34 1414 GREGORY GLEN DR GREGORY 9858701092 35 1415 JONES FERRY RD STOKES 35 1415 JONES FERRY RD STOKES 36 1415 W HWY 54 W A MASSEY FAMILY 9832034940 36 1415 W HWY 54 W A MASSEY FAMILY 9832244269 36 1415 W HWY 54 W A MASSEY FAMILY 9832428715 36 1415 W HWY 54 W A MASSEY FAMILY 9832430618 37 146 YONDER TRL MONAST 9892162237 37 146 YONDER TRL MONAST 9892169560 38 1546 MAIL SERVICE CTR DEPARTMENT OF 9893608714 TRANSPORTATION 38 1546 MAIL SERVICE CTR DEPARTMENT OF 9893609689 TRANSPORTATION 39 16 YORK WOODS PL TIPTON 9878058870 39 16 YORK WOODS PL TIPTON 9878161058 143 40 1600 GARDEN ST BAKER 9769505359 40 1600 GARDEN ST BAKER 9769506700 41 1604 AINSWORTH BRUHNS 9857638676 41 1604 AINSWORTH BRUHNS 9857639662 42 1606 FAUCETTE MILL RD JUDD 9855847119 42 1606 FAUCETTE MILL RD JUDD 9855952319 43 1630 BRIAR LN COLEMAN 9877995858 43 1630 BRIAR LN COLEMAN 9877996360 44 1717 HALLS MILL RD VOLPE 9856443429 44 1717 HALLS MILL RD VOLPE 9856453583 45 1718 PEARSON RD OAKLEY 9878052938 45 1718 PEARSON RD OAKLEY 9878145497 45 1718 PEARSON RD OAKLEY 9878149296 45 1718 PEARSON RD OAKLEY 9878244058 45 1718 PEARSON RD OAKLEY 9878342135 46 1725 RIVERSIDE DR SCHMOOCK 9874757890 46 1725 RIVERSIDE DR SCHMOOCK 9874758982 47 1740 RIVERSIDE DR WORTH PROPERTY GROUP 9874756650 LLC 47 1740 RIVERSIDE DR WORTH PROPERTY GROUP 9874757628 LLC 48 1801 WILDCAT CREEK RD LLOYD 9738912942 48 1801 WILDCAT CREEK RD LLOYD 9748022041 49 181 N SERENITY HILL CIR MCDONALD 9766689915 49 181 N SERENITY HILL CIR MCDONALD 9766991332 50 1906 WESTERN TR ERIE 9728345790 50 1906 WESTERN TR ERIE 9728347323 51 1909 E CHAPMAN CT FRANZESE 9857637105 51 1909 E CHAPMAN CT FRANZESE 9857638157 52 20 ROUNTREE LN OXAAL 0818133899 52 20 ROUNTREE LN OXAAL 0818143395 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER 9885255612 HOMEOWNER 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER 9885264448 HOMEOWNER 53 200 NEW SHARON CHURCH RD FOX HILL FARM MASTER 9885354074 HOMEOWNER 53 200 NEW SHARON CHURCH RD FOX HILL FAMR MASTER 9885360094 HOMEOWNER 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER 9885361620 HOMEOWNERS 53 200 NEW SHARON CHURCH RD FOX HILL FARM MASTER 9885367766 HOMEOWNERS 53 200 NEW SHARON CHURCH RD FOX HILL FARM SOUTH 9885601301 HOME OWNERS 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885331834 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885355629 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885502301 144 55 2005 JONES FERRY RD CORBETT 9767497807 55 2005 JONES FERRY RD CORBETT 9767592658 56 2103 NEW HOPE CH RD STRAYHORN 9886260611 56 2103 NEW HOPE CH RD STRAYHORN 9886291471 57 2112 FAUCETTE MILL RD WALLACE RIVER LLC 9855767241 57 2112 FAUCETTE MILL RD WALLACE RIVER LLC 9855787004 57 2112 FAUCETTE MILL RD WALLACE RIVER 9855850895 58 214 MILLSTONE DR WARREN 9845527150 58 214 MILLSTONE DR WARREN 9845613620 59 2189 GIFFORD DR DAVIS 9835204750 59 2189 GIFFORD DR DAVIS 9835206659 59 2189 GIFFORD DR DAVIS 9835206744 60 221 CHESLEY LN OLD FIELD CREEK 9881222099 60 221 CHESLEY LN OLD FIELD CREEK 9881230565 60 221 CHESLEY LN OLD FIELD CREEK 9887463993 60 221 CHESLEY LN OLD FIELD CREEK 9887570099 61 2303 WILLIAM & MARY DR TROMBA 9871877329 61 2303 WILLIAM & MARY DR TROMBA 9871988924 62 2311 FALLS DR ONTIVEROS 9881193683 62 2311 FALLS DR ONTIVEROS 9881195538 63 2319 CELASTRUS DR QUINT 9881197149 63 2319 CELASTRUS DR QUINT 9881198258 64 2342 CASTLEROCK FARM RD CURTIS 9825948348 64 2342 CASTLEROCK FARM RD CURTIS 9835130411 64 2342 CASTLEROCK FARM RD CURTIS 9835250245 65 2342 CASTLEROCK FARM RD BEAVER VALLEY 9835037821 HOMEOWNERS ASSOC 65 2342 CASTLEROCK FARM RD BEAVER VALLEY 9835043955 HOMEOWNERS ASSOC 65 2342 CASTLEROCK FARM RD BEAVER VALLEY 9835158607 HOMEOWNERS ASSOC 66 2415 FALLS DR PERRY 9881292684 66 2415 FALLS DR PERRY 9881295601 67 2455 DUNSTAN RD MIRANDA 9871672167 67 2455 DUNSTAN RD GERON 9871762645 68 2500 WOODS LP RD COLEMAN 9877890738 68 2500 WOODS LP RD COLEMAN 9878707631 69 2606 MILLER RD MCBROOM 9857805698 69 2606 MILLER RD MCBROOM 9857806379 69 2606 MILLER RD MCBROOM 9857815084 70 2626 GLENWOOD AVE CHESSON 9893700229 70 2626 GLENWOOD AVE CHESSON 9893702502 71 2633 SHADETREE RD HENDRY 9853348021 71 2633 SHADETREE RD HENDRY 9853441190 71 2633 SHADETREE RD HENDRY 9853445075 72 2635 JACK FRANKLIN RD FRANKLIN 9884686498 72 2635 JACK FRANKLIN RD FRANKLIN 9884792087 145 73 2701 US 70W LLOYD 9854521180 73 2701 US 70W LLOYD 9855523233 74 2707 NC HWY 86 S WILFORD WOODS 9884476604 74 2707 NC HWY 86 S WILFORD WOODS 9884478618 74 2707 NC HWY 86 S WILFORD WOODS 9884570711 75 2791 HWY 24 LOT 8A JAMES 9878155761 75 2791 HWY 24 LOT 8A JAMES 9878156457 76 2793 PICKARD MILL LN BURLINGAME 9850779856 76 2793 PICKARD MILL LN BURLINGAME 9850875807 77 3011 UNIVERSITY STATION RD HILL 9883936115 77 3011 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MONTGOMERY 9856338417 1803 PO BOX 16277 LARSEN 9871199234 1804 PO BOX 16787 VELEZ 9779484360 1805 PO BOX 17237 WINMORE COMMUNITY 9779486940 ASSOCIATION 190 1806 PO BOX 1983 HOLT 9758469763 1807 PO BOX 2351 PHILLIPS 9872205638 1808 PO BOX 239 NEEDHAM 9844896990 1809 PO BOX 2533 NC LAND LEASE LLC 9893165184 1810 PO BOX 258 BARBOUR 9885300970 1811 PO BOX 2765 MINCEY 9877704394 1812 PO BOX 27706 ESTELLE PROPERTIES LLC 9769295485 1813 PO BOX 2811 SANZA 9897253485 1814 PO BOX 2844 HARTS MILL LLC 9835748573 1815 PO BOX 2915 COLLINS 9885268353 1816 PO BOX 295 WEATHERS 9866527783 1817 PO BOX 3101 HAWKINSON 9749759237 1818 PO BOX 313 ASHBY 9835264079 1819 PO BOX 3145 GONZALEZ 9893022879 1820 PO BOX 3250 TH U RAU 9891818397 1821 PO BOX 343 COX 9738125803 1822 PO BOX 36 EFLAND 9844990565 1823 PO BOX 366 ORANGE WATER &SEWER 9832367089 1824 PO BOX 440264 RODRIGUEZ 9738529963 1825 PO BOX 44270 CAROLINA CONFERENCE OF 9749310328 SEVENTH DAY 1826 PO BOX 472 CARINCO 9881196404 1827 PO BOX 507 GUNTER 9893341983 1828 PO BOX 53 LAWS FAMILY 0819143798 1829 PO BOX 5623 MORRISON 9768506679 1830 PO BOX 628 BLACKWOOD 9872217422 1831 PO BOX 652 TERRY 9768163950 1832 PO BOX 686 PHILLIPS 9878700536 1833 PO BOX 747 GAEDE 9889414282 1834 PO BOX 757 FAIRCLOTH 9855185369 1835 PO BOX 782 BOOTH 9857746973 1836 PO BOX 865 SMITH 9728414400 1837 PO BOX 98 EFLAND 9855383384 1838 PO BOX 998 MARLETTE 9876513803 1839 PO BX 189 HUX 9844223060 1840 PO DRAWER 1529 ORANGE COUNTY NORTH 9768269847 1841 RT 1 BOX 29A PINEY MOUNTAIN 9891879408 HOMEOWNERS 1842 STATE PROP OFFICE NC DEPT OF NORTH CAROLINA STATE 9895006543 ADM 1843 SYSTEM ORANGE ALAMANCE WATER 9855704483 1844 THE STATE CAPITOL NORTH CAROLINA STATE 0803151402 and WHEREAS, the proposals have been found to be consistent with the 2030 Orange County Comprehensive Plan, and 191 WHEREAS, the requirements of Sections 2.3 and 2.8 of the UDO have been deemed complete, and WHEREAS, the Board has found the proposed amendments to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County amends the Zoning Atlas by eliminating the Special Flood Hazard Area (SFHA) Overlay District as currently depicted on the atlas encumbering the identified parcels of property. 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 motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2017. 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 , 2017 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 , 2017. SEAL Clerk to the Board of Commissioners 192 Attachment 7 STATEMENT OF APPROVAL AND 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 modify existing floodplain management regulations eliminating references to the Special Flood Hazard Area (SFHA) Overlay District, incorporating references to new Federal Insurance Rate Map (FIRM), and updating existing language to ensure consistency with applicable Federal Emergency Management Agency (FEMA) standards. The Board of County Commissioners hereby approves the proposed text amendment and 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. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6 —A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by updating existing language to ensure consistency with FEMA's minimum model flood ordinance, eliminating references to the Special Flood Hazard Area (SFHA) Overlay District, which is being eliminated, and adopting new FIRM data. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by eliminating contradictory regulations and guidelines. These amendments ensure uniformity by eliminating references to a deleted overlay district and updating existing floodplain management regulation(s) consistent with revised FEMA standards. 2. Ensures legal sufficiency by adopting new FIRM data, as prepared by FEMA, by reference. This amendment allows Orange County to enforce current flood map data thereby ensuring our continued eligibility for participation in the National Flood Insurance Program (NFIP). 193 The Board of County Commissioners hereby adopts this Statement of Approval and Consistency as well as the findings expressed herein. Mark Dorosin, Chair Date Attachment 8 194 Ordinance #: ORD-2017-026 AN ORDINANCE AMENDING THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, Orange County has initiated amendments to the Orange County Unified Development Ordinance (UDO) to existing flood damage prevention regulations; and WHEREAS, the proposed amendment adopts by reference a new Flood Insurance Study (FIS) and new Flood Insurance Rate Maps (FIRMs) as produced by the State of North Carolina and the Federal Emergency Management Agency (FEMA); eliminates the Special Flood Hazard Area (SFHA) Overlay District; relocates existing flood damage prevention regulations to a new section of the UDO; and updates/revise existing regulations to ensure consistency with FEMA and State standards; and WHEREAS, the proposal has been found to be consistent with the 2030 Orange County Comprehensive Plan, and WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete; and WHEREAS, the Board has found the proposed amendments to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County amends that the UDO 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 motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2017. 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 , 2017 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. 195 WITNESS my hand and the seal of said County, this day of , 2017. SEAL Clerk to the Board of Commissioners 196 UDO AMENDMENT PACKET NOTES: The following packet details staff's proposed modifications to existing regulations associated with revisions existing floodplain management standards including the elimination of the Special Flood Hazard Area(SFHA) Overlay District. The amendment includes modifications of existing regulations and definitions to incorporate recent changes implemented to the Federal Emergency Management Agency (FEMA)model flood ordinance. Proposed amendment(s) are detailed as follows: • Red Underlined Text: Denotes new, proposed text that staff is suggesting be added to the UDO, • Red Strikethrough Text: Denotes existing text that staff is proposing to delete, and • Blue Underlined Text: Denotes changes to existing regulations internally re- located from one section to another within the UDO (i.e. moving existing regulation(s) contained in Section 6.6.1 to Section 6.21). The movement of these existing regulations is identified as Red Underlined Text. Staff has denoted changes to these existing regulations in Blue Underlined Text to aid in your review and understanding of the proposal. Staff has included footnotes within the amendment package to provide additional information/rationale concerning the proposed amendments to aid in your review. 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 deletion. 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://www.orangecountync.gov/departments/planning and inspections/ordinances.php 197 ARTICLE 1 : ADMINISTRATION S BTION 1.1: GENERAL PROVISIONS 1.1.1 Title The official - of this document is 'Unified Development Ordinance of orange County, North Carolina'. For c.•venience, it shall be referred to throughout this • cument as 'this Ordinance', 'the Ordinance', ' th- . is Unified Development Ordinance' or • /this UDO'. 1.1.2 Authority This Ordinance is adopted pursuan • the statu . y authority provided in the North Carolina General Statues (NCGS), specifically th- .r•, sions of: (A) Chapter 153A, Article 18, (B) Chapter 4, (C) Chapter 160A, Art.• e 19, (D) Chapter 39, A isle 5A, (E) §47-31 .nd (F) ■ x3214.5. Fo e purpose of establishing comprehensive development regulations for designa :d portions • Orange County and providing for administration, enforcement and amendment thereo accord with the aforementioned provisions. 1.1.3 Flood Damage Prevention Authority—Basis for Establishment (A) The Legislature of the State of North Carolina has delegated authority to county governments to adopt regulations to promote the public health, safety, and general welfare of its citizenry in the following sections of the North Carolina General Statutes: (1) Part 6, Article 21 of Chapter 143, (2) Parts 2, 3 and 4 of Article 18 of Chapter 153A, and (3) § 153A-121. (B) Flood Insurance Rate Maps (FIRM), specifically FIRM Map Index 37135 CINDOC with an by FEMA under a Cooperating Technical State agreement with the State of North - • - - --" --- -- - e ' e - - - .• The Special Flood Hazard Areas (SFHA) are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FE MA in its Flood Insurance Study (FIS) and associated Digital Flood Insurance Rate Map (DFIRM) panels, with an effective date of November 17, 2017 for Orange County including any digital data developed as part of the, which are adopted by reference and declared a part of this ordinance. Future revisions to the FIS and panels that do not change flood hazard data within the jurisdictional authority of Orange County are also adopted by reference and declared a part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within 3 months. 1 This amendment incorporates existing regulations contained in Section(s) 1.1.3 and 4.3.5 of the UDO relating to our flood program. Orange County, North Carolina—Unified Development Ordinance Page 1-1 Article 1: AdministraVi Section 1.1: General Provisions For reference, previous SFHA data was produced under the CTS agreement between the State of North Carolina and FEMA or FIS and its accompanying FIRMs for Orange County dated February 2, 2007, with incorporation of Letters of Map Amendments 07-04- 6156R, 08-04-2897A, 08-04-2898A, 08-04-2899A, and 08-04-2900A, Letters of Map Revision 06-04-BQ22P, 06-04-C141 P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment#115-CWG (C) dated May 16, 2008, which with accompanying supporting data, including Letters of Map Amendment or Revision and Summary of Map Amendments, were adopted by reference and declared to be a part of this Ordinance as part of the Special Flood Hazard Area Overlay District, which was eliminated with the adoption of the aforementioned FIS and DFIRMs with an effective date of November 17 2017. 2 1.4 Purpose and Intent (A) In order to protect and promote the health, safety and general welfare of th- ounty and its residents, this Ordinance is hereby adopted by the Orange County Bo. d of Commissioners. (B) The purpose of the regulations set out in this Ordinance shall be to accomplish .ompatible development of the land within Orange County in a ►-nner which will best pr. ote the health, safety, and general welfare, as well as to (1) Provide for efficiency and economy in the proces of development; (2) : e adequate provisions for traffic; (3) Secu : safety from fire, panic, and other :zards; (4) Provide f. light and air; (5) Prevent the o ercrowding of land. (6) Avoid undue con•-ntration of •opulations; (7) Facilitate the adequa - pr. ision of transportation, water, sewerage, schools, parks, and other public •-quirements; (8) Provide for the prot- tion o he surface and underground water resources of the County; (9) Provide for e• cient use of renew-.le and non-renewable sources of energy; (10) Promote •esirable living conditions a • the sustained stability of neighborhoods; (11) Prot— property against blight and depre..ation; and (12) F•r other purposes in accordance with the C. prehensive Plan for the County. (C) It is t - further purpose that all material included herein b reference and all material us:: for the administration of this Ordinance, does not take -ny property, does not duly restrict property rights or use, nor convert any of these .. public use except by due process of law. (6 The Ordinance is further designed to provide for residential, comme .ial, and industrial growth in Orange County by the establishment of districts within which -ach type use can develop properly and profitably and not interfere with the use of land in a...cent parcels or districts. 2 The blue underlined text was originally located in Section 4.3.5 of the UDO as part of the Special Flood Hazard Area overlay district. Red underlined text is new text proposed to reference past FIS studies,which served as the basis for the overlay district now deleted as part of this process. The different color is intended to distinguish between existing language,which has been moved to a new section, and new text proposed for addition to the U DO. Orange County, North Carolina—Unified Development Ordinance Page 1-2 Article 1: Administration Section 1.1: General Provisiog 1.1.5 - ement of Intent-Amendments For the pur.. - of establishing and maintaining sound, stable and desi -• e development within Orange County t •rdinance shall not be amended except to: (A) Correct a manifest - • in the Ordinance, or (B) Extend the boundary of an e - • • ng district, because of changed or changing conditions in a particular are- . in = ounty generally, or (C) Rezone an area e• • - to a different zoning di • conditional zoning district, or conditional :- district, or (D) •: ge the regulations and restrictions thereof. endments shall be reasonably necessary to promote the public health, safety, :•d general welfare and to achieve the purposes of the adopted Comprehensive Plan or part thereo . 1.1.6 Applicability and Jurisdiction Except as otherwise expressly stated, this Ordinance applies to all development, public or private, within the unincorporated area of Orange County or outside of existing municipal extra-territorial jurisdictional boundaries, or established Joint Planning Areas, approved by the County Board of Commissioners, to the extent allowed by law:. 1.1.7 Conformance with Adopted Plans • The provisions of this Ordinance, and any proposed ame..- -nt thereto, shall be •-_ tent with the goals and policies included i• -- •range County Comprehensive Plan and o .ecialized study ap• ••-. •y the Orange County Board of Commissioners relatin• -.. . e development within the County's planning jurisdiction. (B) The -• • cement, interpretation, and application o - -ndards contained herein shall .e consistent with the goals and policies of the Comprehensi - ' -• and shall not create a situation that is inconsistent with the goals and policies contained there . 1.1.8 Regulation of Farming and Bona Fide Farm Activities The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not apply to property used for bona fide farm purposes, as defined within North Carolina General Statutes, except as follows: (A) Any non-farm use of farm property, (B) Compliance with all regulations required to be imposed by the Federal Emergency Management Agency (FEMA)through the National Flood Insurance Program including all applicable Flood Insurance Rate Maps (FIRM), and (C) Compliance with the Orange County Special Flood Hazard Area Overlay Zoning Districtflood damage prevention regulations as detailed within this Ordinance. .' Relationship with Other Laws, Covenant, or Deed Restrictions (A) .e provisions of this Ordinance are inconsistent with those of stat- - • or federal law, the mo - - trictive provision governs, to the extent permitt-• •' aw. The more restrictive proves •- • the one that imposes greate - rictions or more stringent controls. (B) If the provisions of this Ordina - -re ••-• sistent or conflict with provisions found in other adopted ordinances or -:. atio e he County, the more restrictive provision governs. The more r-- • ive provision is the o = •at imposes greater restrictions or more strin•-• •ntrols. (C) • -ccordance with this Ordinance, a property owner may be require. : -cord deed restrictions, covenants, or other legal documentation outlining development Ir : ins or Orange County, North Carolina—Unified Development Ordinance Page 1-3 Article 1: Administratitstp Section 1.1: General Provisions 1.16 Severability It is the legislative intent of the Board of County Commissioners in adopting this Or. ance that all •rovisions and sections thereof shall be liberally construed to protect and preserv- the peace, h-.Ith, safety and general welfare of the inhabitants of Orange County and, fu er, that should any o ovision, portion, section, or subsection of this Ordinance be held to be 'onstrued as affects • the validity of any of the remaining provisions, portions, sections • subsections, it is the intent of '•e Board of County Commissioners that this Ordinance shall s :nd, notwithstanding the invalidity o :ny provision, or section or part thereof. 1.1.17 Repeal of Exists • Regulations All existing regulatio . now contained within this Ordinance . e hereby repealed. The adoption of this Ordinance, how- er, shall not affect nor prevent an pending or future prosecution of, or action to abate, an existin• violation of said regulations, .s amended. (A) Status of Prior Viola sons (1) All violations oft - regulations realed by the adoption of this Ordinance shall remain violations o . e ordina►ces of Orange County and all penalties and enforcement remedies et f• h herein shall be available as though the violation were a violation of this • , nance. (2) However, if the effect . this Irdinance is to make a formerly unlawful or nonconforming use .ecome la ,•ul and/or conforming, then no enforcement action shall be ta.-n except for the imposition and collection of penalties for the violations that • curred prior to the - ective date of this Ordinance. (B) Effect on Rights a: • Liabilities under the Flood Damage Prevention Ordinance (1) Portion of the ordinance come forward by :-enactment of some of the provi ••ns of the Flood Damage Prevention 0 •inance (FDPO) enacted March 2, 19: , as amended, and it is not the intention to r-seal but rather to re-enact and intinue to enforce without interruption of such exi :rig provisions, so that all rights and liabilities that have accrued under the FDP• are reserved and may be enforced. 1.1.18 Interpr: ation In t - interpretation and application of this Ordinance, all provisions shall be: ) Considered as minimum requirements; (B) Liberally construed in favor of the governing body; and (C) Deemed to neither limit nor repeal any other powers granted under State statutes. 1.1.19 Disclaimer of Liability—Flood Regulations e-e -- - • • - . _ - _-_ _ _ -- _-. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man- made or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Orange County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.3 3 Staff is modifying existing language to ensure consistency with the 2017 minimum model flood ordinance prepared by FEMA. Orange County, North Carolina—Unified Development Ordinance Page 1-6 Article 1: Administration Section 1.2: Official Zoning Ats1 1.1.20 Errors The issuance of a permit, based on approved plans and specifications, shall not prevent the Planning Director, Chief Building Official, Erosion Control Officer, or Floodplain Administrator rom thereafter requiring the correction of errors in such plans and specifications or preventing • ilding operations from being carried on in violation of this Ordinance, other County ordinances, .r the orth Carolina Building Code. 1.1.21 Ad "nistrative Regulations The Co. my Manager is authorized and directed to propose and promulgate ad nistrative regulatio , including but not limited to the type and amount of data required f• a completed application, in order to implement the provisions of this Ordinance. 1.1.22 Interim Devel► •ment Standards (A) For the p■rpose of preventing further development in an area here plans are being prepared f• the use of land and/or the preservation of natu .I resources, and/or developmen• tandards are being considered with which implement such plans, interim development s .ndards may be established which per • development that is in accord with the contems ated plans or standards to proceed. (B) The establishment of interim development standar•. shall be governed by the procedures containe. in Article 2 of this Ordinanc•. (C) Form and Content Interim development stan•:rds enacted pursuant to this Section shall be temporary measures established in ac •rdance with • e following criteria: (1) The standards shall be 'n effec only for the period of time necessary to achieve the purposes of the cont_mp .ted plan and/or its implementing mechanisms; (2) The standards shall limit d• elopment to the type that would be permitted under the existing standards c• tai •ed in this Ordinance and/or to that which is in accord with the conte slated • an or its implementing mechanisms; (3) The standards may .e in effect o in the area affected by the contemplated plan and/or in whi• its implementi : mechanisms will apply; and (4) The standards ' ay limit the nature an o type of development applications and projects whic' are approved throughou he duration of the standards. SECTION 1.2: OFFICIAL ZONING ATLAS 1.2.1 Generally (A) The Orang: County planning and zoning jurisdiction shall •e, and hereby is, divided into Zoning Districts as detailed in Article 3 of this Ordinance. (B) The b• ndaries of said Zoning Districts are hereby establishes as shown on the Official Zoni • Atlas which accompanies this Ordinance and which, wit all notations, references, an• other information shown thereon, shall be as much a part oft 's Ordinance as it is f y described herein. Maps and descriptions accompanying enact:d amendments shall .e displayed by the Planning Department adjacent to the Official Zon g Atlas until such time as the official copy is corrected. (C The Official Zoning Atlas and any subsequent amendments shall be auth- ticated by the Clerk to the Board of County Commissioners and kept on file in the Plannin. Department. (D) Copies of the Official Zoning Map Atlas, or portions thereof, may be made fro time to time. These copies are for informational purposes only and the Official Zoning A las, as described herein, shall be the final and sole authority as to the zoning status of la • within the zoning jurisdiction of Orange County. Orange County, North Carolina—Unified Development Ordinance Page 1-7 Article 1: Administra Section 1.2: Official Zoning Atlas (E) The Planning Director shall be responsible for entering amendments to the Official Zoning Atlas. (F) The Planning Director shall authenticate the entry of each amendment to the Off ial Zoning Atlas and shall maintain a record of the nature and date of entry of eac' amendment. (G) Changes to the Official Zoning Atlas, other than those authorized by duly 'proved amendments to this Ordinance, shall not be made. The making of unau orized changes .• the Official Zoning Atlas shall be considered a violation of this Ordinance. (H) A •endments to this Ordinance that result in the change in classific. ion of any piece of Ian. hall become effective immediately upon enactment by the Bard of County Com •ssioners. The Board of County Commissioners, upon a ding of due cause, may extend e effective date of any such amendments. (I) When all • part of the Official Zoning Atlas becomes dama2ed, lost, destroyed, worn or hard to inte 'ret by reason of its age, condition, number o• changes or otherwise, the Atlas shall be eplaced by the Planning Director. This n••w edition of the Official Zoning Atlas may not c'ange the zoning status of any prope . Such replacements shall be authenticated by e Clerk of the Board of County Commissioners and shall bear the date of replacement. 1.2.2 Interpretation of Zoning Dist "ct Boundaries When there is any uncertainty as • the intended lo :tion of any zoning district boundary on the Zoning Atlas, the Planning Director .hall make an terpretation of the Atlas upon request of any person. Any person aggrieved by an, such inte •retation may appeal such interpretation to the Board of Adjustment. The Planning Di -ctor a'd the Board of Adjustment, in interpreting the Zoning Atlas or deciding any appeal, sh. a.sly the following standards: (A) Boundaries indicated as approxi : ely following the centerlines of streets; highways or alleys shall be construed as folk in. such centerlines; (B) Boundaries indicated as app •ximately .flowing lot lines shall be construed as following such lot lines; (C) Boundaries indicated as approximately folio' ing City Limits shall be construed as following such City Li s; (D) Boundaries indicate. as following railroad lines all be construed to be the center line of the main track; (E) Boundaries incl. ated as following shorelines shall b- construed to follow such shorelines; in the event • change in the shoreline, the boundary shall be construed as moving with the actual s'orelines; (F) Boundar.-s indicated as approximately following the cente •nes of streams, rivers, canals akes or other bodies of water shall be construed as •flowing such centerlines; (G) Boundaries shown as approximately following designated floc). azard area limits shall be onstrued as following such limits; (H) :oundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically in.• ated on the Zoning Atlas shall be determined by reference to the scale of the Atlas; .nd (I Where physical or cultural features existing on the ground are at variance ith those shown on the Zoning Atlas, or in other circumstances not covered by Subs- tions A through F above, the Board of Adjustment shall interpret the district boundari-s. Flood Hazard Area Overlay District: (J) The boundaries of the Special Flood Hazard Area Overlay District shall be determined utilizing the Flood Insurance Study; Orange County, North Carolina—Unified Development Ordinance Page 1-8 Article 1: Administrati28 Section 1.3: Board of County Commissioners • be determined by scaling the distances on Flood Insurance Study maps; and locating the outer limits of the Special Flood Hazard Area Overlay District.4 SECTION 1.3: BOARD OF COUNTY COMMISSIONERS 1. 1 Responsibilities The Orange County Board of Commissioners shall have the following responsibilities in elation to e administration of this Ordinance: (A Hear and decide applications for amendments to the text, schedules, and • ap portions of this Ordinance, which shall be processed in accordance with the provisions detailed erein. In exercising this power, the Board is bound by the State ena• ng legislation, the t: ms of this Ordinance, and applicable court decisions in carrying • t its legislative fun.tion. (B) Hear . d decide applications for the approval of Class A Spe ..I Use permit as noted in the Sch.•ule of Permitted Uses as requiring approval of the oard of Commissioners, which sha be processed in accordance with the provisio . detailed herein. In exercising this power, ,e Board is bound by the State enabling leg•slation, the terms of this Ordinance, an applicable court decisions in carrying •ut its decision making function within a quasi-ju.icial capacity and shall make its d: isions based on substantial evidence containee in its record of proceedings -'d shall be bound by the general and specific standards a • requirements of the pa • ular Special Use as defined herein. (C) Hear and decide applic- ions appealing tho - decisions appealed to the Board of County Commissioners. (D) Establish Rules of Procedur- for the c. duct of hearings and other proceedings before the Board of County Commissioners *n exercising responsibilities identified herein. (E) Make the necessary appointmen : to the Planning Board and Board of Adjustment. (F) Provide, by appropriation, fun• for t• - administration of this Ordinance. SECTION 1.4: PLANNING DIRECTOR 1.4.1 Responsibilities (A) The Planning Dire► or, or his/her designee, shal ave the responsibility for the administration, it erpretation, and enforcement of is Ordinance. (B) Within this 0 finance, `Planning Director' is synonymous with the individual actually serving in •at capacity or a designated employee unle . otherwise specified. (C) The PI-•ning Director is an employee of the County hired o and reporting to the County Man-•er and shall have the following duties in respect to thi• Ordinance: (1 Administering all provisions of this Ordinance for which .dministrative responsibilities are not otherwise expressly assigned; (2) Making interpretations of the provisions of this Ordinance; (3) Reviewing all applications submitted in accordance with the requirements of this Ordinance to ensure compliance with the provisions of this Ordin-Ice; (4) Coordinating County staffs compliance with duties and responsibiliti-. specified in this Ordinance; 4 As we are eliminating the Special Flood Hazard Area Overlay District,these provisions are no longer necessary. Orange County, North Carolina—Unified Development Ordinance Page 1-9 Article 1: Administrahain Section 1.10: Floodplain Administrator (0) Boards of Education; Orange County and/or Chapel Hill-Carrboro. 1.9.4 Meetings The Planning Director is to c.• ene and chair meetings of •- •evelopment Advisory Committee. The minutes of each meeting of th- -.mmittee are e se maintained as a separate document in the nature of a public record in the office • ..- anning Director. Meetings shall not be open to the public. 1.9.5 Reports The Develo•• -nt Advisory Committee shall prepare its report on a prop. -d amendment, Spe Ise permit, rezoning, Conditional Districts, or subdivision on the basis • e petition, if y, and supporting documentation as well as any public plans, studies, or data for in . ion within the official review file of the given project. SECTION 1.10: FLOODPLAIN ADMINISTRATOR 1.10.1 Designation The Planning Director shall be referred to as the"Floodplain Administrator" when administering aspects of this Ordinance related to the Special Flood Hazard Area (SFHA). The Floodplain Administrator shall hereby be appointed to administer and implement the provisions of this Ordinance relating to the development and enforcement of various provisions associated with: (A) Special Flood Hazard Area Overlay DistrictFlood damage prevention regulations, and (B) State and Federal regulations concerning floodplain development. 1.10.2 Duties and Responsibilities Duties of the Floodplain Administrator shall include, but not be limited to: (A) Review all floodplain development applications and issue permits for all proposed development within flood prone areasSFHA to ensure that the requirements of this Ordinance, as well as applicable state and federal regulations,5 have been satisfied. (B) Advise permittee that additional Federal or State permits (i.e., Wetlands, Section 404 of the Federal Water Pollution Control Act Amendments of 1972 6Erosion and Sedimentation Control, Riparian Buffers, Mining, Stormwater, etc.) may be required, and if specific Federal or State permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit. (C) Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program (NFIP), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency LFEMA1. (D) Ensure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (E) Prevent encroachments within floodways and non-encroachment areas unless the certification and flood hazard reduction provisions comply with this Ordinance. 5 There is language throughout the revised FEMA minimum model flood ordinance requiring local jurisdictions ensure applicable state and federal regulations are adhered to when processing a request for development within the SFHA. Staff is revising existing language to ensure this requirement is referenced in the duties of the County Floodplain Administrator. 6 The FEMA minimum model flood ordinance contains references to the Federal Water Pollution Control Act. Staff is revising existing language to ensure the reference is contained within the UDO as well. Staff is recommending adding'stormwater'to the list. Orange County, North Carolina—Unified Development Ordinance Page 1-17 Article 1: Administratimt Section 1.10: Floodplain Administrator (F) Obtain actual elevation (in relation to mean sea level North American Vertical Datum (NAVD) 1988) of the reference level (including basement) of all attendant utilities of all new or substantially improved structures, as required by this Ordinance.8 (G) Obtain the actual elevation (in relation to mean sea levelNorth American Vertical Datum (NAVD) 1988) to which the new or substantially improved structures and all utilities have been flood proofed, as contained within this Ordinance. (H) Obtain actual elevation (in relation to mean sea level North American Vertical Datum (NAVD) 1988) of all public utilities, as contained within this Ordinance. (I) When flood proofing is utilized for a particular structure, obtain certifications from a North Carolina licensed Professional Engineer or Architect, as contained within this Ordinance. (J) Where interpretation is needed as to the exact location of boundaries of the SFHAs (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided for within this Ordinance. (K) When base flood elevation (BFE)data have not been provided in accordance with this Ordinance, obtain, review, and reasonably utilize any BFE data, along with floodway data and/or non-encroachment area data available from a Federal, State, or other source, including data developed pursuant to Section 6.6.1 6.21.6 (B), in order to administer the provisions of this Ordinance. (L) When BFE data is provided, but no floodway nor non-encroachment area data has been provided in accordance with Section/1.3.5 1.1.3, obtain, review, and reasonably utilize any floodway data, and/or non-encroachment area data available from a Federal, State, or other source in order to administer the provisions of this Ordinance. (M) When the exact location of boundaries of the SFHAs conflict with the current, natural topography information at the site, the property owner may apply and be approved for a Letter of Map Amendment(LOMA) by FEMA. The Floodplain Administrator in the floodplain development permit file will maintain a copy of the LOMA issued from FEMA. (M},(N) When the lowest floor and the lowest adjacent grade of a structure, or the lowest ground elevation of a parcel in a SFHA is above the BFE, advise the property owner of the option to apply for a LOMA from FEMA. The Floodplain Administrator in the floodplain development permit file will maintain a copy of the LOMA issued from FEMA. 9 (N)(0)i9Permanently maintain all records pertaining to the administration of this Ordinance and make these records available for public inspection during normal business hours recognizing that such information may be subject to the Privacy Act of 1974, as amended. ° (-0),(PLMake on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the Orange County at any reasonable hour for the purposes of inspection or other enforcement action. (P)(Q) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and/or other official flood maps/studies adopted under Section/1.3.5 1.1.3 of this 8 The new FEMA minimum model ordinance eliminates references to mean sea level, and even eliminates the definition of mean sea level, and instead references compliance with the North American Vertical Datum(NAVD) as established in 1988. Staff is updating references to ensure consistency. 9 Optional language contained within the FEMA minimum model ordinance that staff is recommending for inclusion within the UDO. 10 Red underlined text being added to ensure consistency with the revised FEMA minimum model ordinance. Orange County, North Carolina—Unified Development Ordinance Page 1-18 Article 1: Administrat09i Section 1.11: Erosion Control Officer Ordinance, including any revisions thereto including LOMA, issued by State and/or FEMA. (-Q-)(R) Maintain a current map repository to include, but not limited to, historical and effective FIS Report, historical and effective FIRM and other official flood maps and studies adopted in accordance with the provisions of this Ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs.'1 (R—).(S)_,Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work and the owner shall be sent a copy via the U.S. mail. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a Class 3 misdemeanor. (-S-)(T) Revocation of floodplain development permits, as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked. (T)(U)__,Make periodic inspections throughout all SFHAs within the Orange County jurisdiction. The Floodplain Administrator and each member of the Planning and Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. (-!1)(V)_ Follow through with additional procedures of Section 9.7. (W) Review, provide input, and make recommendations for variance requests.12 (X) Coordinate and process with other County departments, State agencies, and FEMA, all requests for modification of Federal Insurance Rate Map (FIRM) and/or Flood Insurance Study (FIS) data including, but not limited to, - - e -e • •- - •-• LOMA), Letters of Map Revision (LOMR), and 'No Impact' findings on specific projects. (11)(Y) In instances where the Floodplain Administrator receives assistance from others to complete tasks to administer and implement this Ordinance, the Floodplain Administrator shall be responsible for the coordination and community's overall compliance with the NFIP and the provisions of this ordinance.13 SECTION 1.11: EROSION CONTROL OFFICER 1.11.1 Designation The position of Orange County • • Contr. e er is hereby designated. 1.11.2 Duties and Responsib" '- The 0 --•- ounty Erosion Control Officer shall be responsible for carryin• •- e provisions of is Ordinance related to erosion and sedimentation control and stormwater managem- . e ii Staff is recommending adding language contained within the revised FEMA minimum model ordinance to ensure consistency. iz Adding language contained within the revised FEMA minimum model ordinance to ensure consistency. is Red underlined text being added to ensure consistency with the revised FEMA minimum model ordinance. Orange County, North Carolina—Unified Development Ordinance Page 1-19 Article 2: Procedur , Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements Within the Efland Village Overlay District, no construction activity shall b-. n nor shall any excavation, soil removal, filling, grading or disturbance of ve,-tation, including trees, be commenced, nor any sign erected for any use .eject to the requirements of the overlay district until such time as a site pla as been approved and a permit issued by the Planning Director in a 'ordance with this ection and Section 2.4 of this Ordinance. (D) Major Tran- •ortation Corridor Overlay District (1) Approv. Requirements Within the M_ .r Transportation Corridor ► strict, no construction activity shall begin nor shall a' excavation, soil rep-oval, filling, grading or disturbance of vegetation, includin• rees, be co • enced, nor any sign erected until such time as a site plan has bee _spray:. and a permit issued by the Planning Director in accordance with this Sectie• .nd Section 2.4 of this Ordinance. 2.5.8 Additional Requirements for Econ. • is Deve • •ment Districts (A) Prior to submission of a. application for site p : approval, applicants shall meet with representatives of th- lanning and Inspections, . d Economic Development Departments to is'ntify policies, procedures, regula s, and fees applicable to development • oposals. (B) Any prope ed subdivision in an Economic Development Dis t shall follow the approval pronee res as specified in Section 2.16. (C) I• addition to the submittal requirements contained in this Section, a .•mplete application shall also include: (1) Building elevation drawings for each proposed structure; and (2) A minimum of two drawings of sections through the site illustrating existi . and proposed grades, as well as the relationship of different site features. SECTION 2.6: FLOODPLAIN DEVELOPMENT PERMIT AND CERTIFICATE REQUIREMENTS 2.6.1 Requirements for Special Flood Hazard Area (A) All projects proposing the development of property located within the a Special Flood Hazard Area (SFHA)Overlay District shall be required, regardless of the proposed land use, to submit a site plan prepared by a registered engineer, landscape architect, or land surveyor in accordance with the provisions of Section 2.5. (- )(B) Flood damage prevention regulations contained herein shall apply to all Special Flood Hazard Areas within the jurisdiction of Orange County, including properties located within the Extra-Territorial Jurisdictions (ETJs) of local municipalities used for bona fide farm purposes in accordance with Part 1, Article 19 of Chapter 160A of the North Carolina General Statutes. 14 2.6.2 Plans and Application Requirements Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by the Planning Department prior to any development activities proposed to be located within flood prone areas. 14 NC General Statutes were amended with the adoption of Session Law 2014-120 on September 18,2014 placing properties in local municipal ETJ's meeting the bona fide farm exemption (NCGS 153A-340(b) (23)) under County jurisdiction with respect to the enforcement of flood regulations. Staff is adding language reference same. Orange County, North Carolina—Unified Development Ordinance Page 2-13 Article 2: Proced Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements The following items/information shall be presented to the Floodplain Administrator to apply for a floodplain development permit: (A) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development: (1) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, driveways, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; (2) The boundary of the SFHA as delineated on the FIRM or other flood map as determined in Section 4.3.5 Section 1.1.3 of this Ordinances or a statement that the entire lot is within the SFHA; (3) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 1.1.3 of this Ordinance Section 4.3.5; (4) The boundary of the floodway(s) or non-encroachment area(s) as determined in Section 4.3.5 Section 1.1.3 of this Ordinance; (5) The Base Flood Elevation (BFE)where provided as set forth in SectionLs} /1.3.51.1.3, 1.10.2 (K) and (L), and 6.6-46.21; (6) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and (7) Preparation of the plot plan by or under the direct supervision of a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. (B) Proposed elevation, and method thereof, of all development within a SFHA including but not limited to: (1) Elevation in relation to mean sea level NAVD 1988 of the proposed reference level (including basement) of all structures; (2) Elevation in relation to mean sea le el NAVD 1988 to which any non-residential structure in Zone AE will be flood-proofed; and (3) Elevation in relation to mean sealevel NAVD 1988 to which any proposed utility systems will be elevated or flood proofed. (C) If flood proofing, a flood proofing certificate (FEMA Form 086-0-34) with supporting data, an operational plan, and an inspection and maintenance plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofinq measures all-d-baerk-up plans-completed by from-a registered professional engineer or architect shall be required certifying that the non-residential flood proofed development will meet the flood-proofing criteria in Section 6.6.16.21. (D) A Foundation Plan drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this Ordinance are met. These details include but are not limited to: (1) Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear wall); and (2) Openings to facilitate equalization of hydrostatic flood forces on walls according to Section 6.621.1(B), when solid foundation perimeter walls are used in Zones. (E) Usage details of any enclosed space below the regulatory flood protection elevation. 15 Updating references to the section of the UDO where flood maps are identified. Orange County, North Carolina—Unified Development Ordinance Page 2-14 Article 2: Procedures Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements (F) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage; (G) Copy of all other Local, State and Federal permits required prior to floodplain development permit issuance (i.e. Wetlands, Erosion and Sedimentation Control, Riparian Buffers, Mining, etc.); (H) If the application is for placement of recreational vehicles and/or temporary structures, documentation to ensure compliance with Section 6.621.1(B)(5) and (7) of this Ordinance. (I) If a watercourse is proposed to be altered and/or relocated, a description of the extent of watercourse alteration or relocation, an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map, drawn to scale, (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. 2.6.3 Data Requirement The following information shall be provided at a minimum on the floodplain development permit to ensure compliance with this Ordinance.•(A) - - -• - " --••-. _• ---- - • --.- __ --. _ ••• • -- A complete description of all the development to be permitted under the floodplain development permit(e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.).16 (B) The Special Flood Hazard Area (SFHA) determination for the proposed development per available data specified in Section/1.3.5. 1.1.3 of this Ordinance. (C) The regulatory flood protection elevation required for the reference level and all attendant utilities. (D) The regulatory flood protection elevation required for the protection of all public utilities. (E) All certification submittal requirements with timelines. (F) A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, if applicable. (G) If in an AE zone, specify the minimum foundation opening requirements. (H) State limitations of below BFE enclosure uses (if applicable) such as, parking, building access and limited storage only). (Ha_ A statement indicating that all materials below BFE and/or Regulatory Flood Protection Elevation (RFPE) must be flood resistant materials.17 2.6.4 Certification Requirements (A) An Elevation Certificate (FEMA Form 81 31086-0-33) or Flood Proofing Certificatc (FEMA Form 81 65) is required after the reference level is completed. 18 16 Staff is updating language to be consistent with the new model ordinance. 17 This is identified as optional language within the FEMA minimum model ordinance. Staff is recommending we include. While we restrict new development below the base flood elevation(BFE),we do have several structures located within the floodplain where portions of same are below BFE. In instances where there are improvement projects to these structures we need to require this information as part of our floodplain management program. 18 Staff is recommending existing language be modified to split out references to the Elevation Certificate and a Flood Proofing Certificate to ensure consistency with the FEMA minimum model ordinance. There are now unique provisions/standards for each certificate. Keeping them combined will create confusion and lead to compliance issues. Orange County, North Carolina—Unified Development Ordinance Page 2-15 Article 2: Procedarlas Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements (1) Is required Within 2lwithin 7 calendar days of establishment of the reference level elevation, , or flood proofing, by whatever construction means, whichever is applicala}e,19 (4)(2) i-tlt shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, or flood proofing elevation, whichever is applicable, in relation to mean sea levelNAVD 1988. (a) Said certification shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. (b) Any work done within the 21 7 day calendar period and before submission of the certification shall be at the permit holder's risk. ca)(3)_The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and before further work being permitted to proceed. 0))(4) Failure to submit the certification or failure to make required corrections shall be cause to deny the floodplain development permit and/or issue a stop-work order for the project. fB)(5) A Final As Built Eloaiation Certificate (FEMA Form 81 31)final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. (?)(k_It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. (a),(1) Elevation certification shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same. ( 3(b) The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. (4)(c) In some instances, another certification may be required to certify corrected as-built construction. (4)f d) Failure to submit the certification or failure to make said corrections required shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (e) The Finished Construction Elevation Certificate certifier shall provide at least 2 photographs showing the front and rear of the building taken within 90 days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided within the Finished Construction Elevation Certificate. These photographs should show the entire building, including foundation. If the building has split-level or multi-level areas, provide at least 2 additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs 19 Staff is recommending changing existing language,with respect to submittal of an elevation certificate from 21 to 7 days to ensure consistency with the revised FEMA model flood ordinance. Orange County, North Carolina—Unified Development Ordinance Page 2-16 Article 2: Procedures Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements must be in color and measure at least 3" x 3". Digital photographs are acceptable.20 (B) Floodproofing Certificate (FEMA Form 086-0-34)21 (1) In those instances where non-residential floodproofinq is used to meet the Regulatory Flood Protection Elevation requirements, a Floodproofinq Certificate (FEMA Form 086-0-34)with supporting data, an operational plan, and an inspection and maintence plan are required prior to the actual start of any new construction. (2) It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988 (a) Floodproofinq certification shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same and shall be accompanied by all documentation as detailed in Section 2.6.2 of this Ordinance. (3) The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. (4) Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. (5) Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (6) A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the issuance of a Certificate of Compliance/Occupancy. (a) It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. (i) Floodproofinq certificate shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same. (b) The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to Certificate of Occupancy. (c) Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. (d) Failure to construct in accordance with the certified design shall be cause to deny a Certificate of Compliance/Occupancy (C) If a manufactured home is placed within Zone AE and the elevation of the chassis is more than 36 inches in height, an engineered foundation certification is required per Section 6.6.1(B)(3)6.21. 20 This is new language staff believes the County is obligated to include in the UDO. This is to ensure local property owners continue to be eligible for participation in the Community Rating System(CRS) program,which allows for a reduction in flood insurance premiums to local property owners due to our administration/enforcement of a floodplain management program. 21 Revised language consistent with the new FEMA model flood ordinance. Orange County, North Carolina—Unified Development Ordinance Page 2-17 Article 2: Procedai1 s Section 2.7: Special Use Permits (D) If a watercourse is to be altered or relocated, the following shall be submitted by the permit applicant prior to issuance of a floodplain development permit: (1) A description of the extent of watercourse alteration or relocation; (2) An engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and (3) A map, drawn to scale, showing the location of the proposed watercourse alteration or relocation. (E) For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building_or structure before the start of construction of the proposed work: in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required.22 (-E)(F).__,Certification Exemptions The following structures, if located within Zone AE, are exempt from the elevation/flood proofing certification requirements specified in items (A) and (B) above: (1) Recreational vehicles meeting requirements of Section 6.621.1(B)(5);23 (2) Temporary structures meeting requirements of Section 6.621.1(B)(7); and (3) Accessory Structures with any dimension that is 12 feet or greater in height, width, or depth, meeting requirements of Section 6.621.1(B)(8). SECTION 2.7: SPECIAL USE PERMITS 2.7.1 Generally (A) Any use or develop -- •esignated by applic.- - zoning district regulations contained within Article 5 as a special us-, . as - • ed only pursuant to a special use permit (either Class A or Class B), - se es .• ' ed in that district only after the use or development is autho ' -. .y a validly issued an. - orded special use permit. (B) This sect'.- ets forth required review and approval procedure , submittal, review, and a.-.• al of applications for special use permit. 22 Subsection (E) is new language being incorporated to remain consistent with the FEMA model flood ordinance. 23 Section references update to reflect the new location of the flood regulations within the UDO. Orange County, North Carolina—Unified Development Ordinance Page 2-18 Article 2: Procedurrp, Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments plan, or written statement, outlining in detail the minor change(s) proposed. The Pla'ning Director shall file the amended site plan or written statement with the approved sit- plan. ( If it is determined that the proposed action is a modification, the Planning Direct,' shall require the applicant to submit a request for modification of the approved spe '-I use permit. The following procedures shall be adhered to in the case of a modifi :tion: 1) The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. (2) The Planning Director shall submit the request to the Board t'at approved the original application. (3) e Board shall set a public hearing to receive testimon concerning the m•dification request. Any public hearing called pursu- t to a modification of an app •ved special use permit shall be held in conform' with the relevant public notific:tion requirements contained in this Article. (4) The Boa • may approve, approve with condition , or deny the application for a modificatio i. (5) The Planning lirector shall file the Board's . tion in the Planning Department as an amendmen equest to the original appl' ation and shall notify the applicant of the Board's actio'. SECTION 2.8: ZONING ATLAS AND UNIFIED DEVELOPMENT ORDINANCE AMENDMENTS 2.8.1 Review and Approval Flow Chart - The review and approval process for a Zone g '.tlas and Unified Development Ordinance Amendment is shown in the procedure's f•wcha 2.8.2 Amendment Initiation (A) An amendment to this Ordi-ance or the Zoning Atlas may be initiated by: (1) The Board of C• nty Commissioners on i . own motion; (2) The Planning :oard; (3) Applicatio , by any person or agency, or (4) The Planing Director. (B) If a request f• consideration of an amendment proposal is s emitted directly to the Board of C• nty Commissioners, said Board may decline to c. sider the request or may refer the - endment proposal to the Planning Director for prepa -tion of an amendment application. (C) Once itiated, all amendments shall be referred to the Planning Boa •. 2.8.3 Contents if Application Applic_ ons shall contain the following: (A) For amendments to the Zoning Atlas: (1) A map at a legible scale showing the land which would be covered by th- proposed amendment, and (2) A legal description of the land. (B) For amendments to the Unified Development Ordinance text: Orange County, North Carolina—Unified Development Ordinance Page 2-27 Article 2: Procediprp Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments (1) A copy of the Zoning Atlas and Application existing text UDO Amendments Submittal provision(s) which the applicant proposes for amendment, and Zoning Atlas: Zoning Atlas: C xt mendment� Conditional General Use (2) A written Districts / \ Zoning Districts / statement / / hich d= cribes in det..l the Post Sign /Mail Notice for chan•-s the Neighborhood Info. Meeting applica •t (NIM) and Planning Board proposes o Meeting make. • (C) The alleged error in + the Zoning Atlas Post Sign /Mail Notice and/or Unified Neighborhood for Planning Board Development Information Meeting , Meeting Ordinance text that would be corrected by V the proposed Development Advisory 4 amendment with a Committee Meeting detailed explanation of such error in the Zoning Atlas and/or • Unified Development Staff Recommendation to text and detailed Planning Board reasons how the proposed amendment • will correct the alleged error; Planning Board Review and Recommendation)\ (D) The changed or changing conditions, if any, in the area or Atlas Amendments: Text in the County Publish Legal Ad Amendments: generally, which Post Sign - Publish Legal Ad makes the propos°d Mail Notice Zoning Atlas an, or • Unified Devel•.ment Ordinance t: t Staff and PB Re•ommendation amendme► to BO reasona• y necessary to pro -ote the public heal , safety and Quarterly Public Hea g ge►eral welfare; viv (E) he manner in which the proposed Zoning BOCC Decision Atlas and/or Unified Development Ordinance text Note: This chart is meant as a graphical representation of the amendment will carry UDO text; the text shall take priority in any conflict or ambiguity. out the intent and purpose of the Orange County, North Carolina—Unified Development Ordinance Page 2-28 Article 2: Procedure, Section 2.10:Variances (1) Except as provided in Section 6.7.2 for MPD-CZ projects, changes to approv-: plans and conditions of development shall be treated as changes to the zon• g atlas and shall be processed as an amendment to such as contained in th': Article. (2) The Planning Director may approve minor changes without going thro-gh the amendment process. The Planning Director, at his/her discretion, :y elect not to allow any proposal as a minor change and will forward the detai -d application for changes to the Planning Board and Board of County Commissioners for consideration in accordance with the procedures outlined herei-. (3) A minor change is one that will not: (a) Alter the basic relationship of the proposed devel••ment to adjacent property, (b Alter the approved land uses, (c) Increase the density or intensity of develo• ent, and/or (d) decrease the off-street parking ratio or -duce the buffer yards provided a the boundary of the site. 2.9.3 Public Hearing and Notifica on Requirements—CUD a,d CZD The requirement for a public hea 'ng shall follow the procedures for a Zoning Atlas Amendment in Section 2.8.6. Notice of the public earing shall follow e procedures in Section 2.8.7. SECTION 2.10: VARIANCES 2.10.1 Purpose The procedures of this section authorize the r oard of Adjustment to modify or vary regulations of this Ordinance when strict compliance with regulation or standard would result in unnecessary hardships upon the subject property. 2.10.2 Application Requirements (A) Applications for a Variance hall be submitted •n forms provided by the Planning Department in accordance• with Section 2.2 of t • Ordinance. Ten copies of the application and support. g documentation shall b=submitted. (B) Applications shall inc de: (1) The secti• reference, and copy of the existing egulatory language, that is the subject • the application, (2) A des'ription of the specific modification sought by e applicant. For example, if the -quest is for a modification of a corner lot setbac requirement, the applicant s :II provide the exact reduction of the established cor er lot setback requested . part of the application, (3) A plot plan, site plan, or other similar document(s) denoting e physical impact of the proposed request on the parcel, (' A narrative outlining the answers to the five required findings de .iled within Section 2.10.3 of the Ordinance justifying the issuance of the vari. ce, and (5) Copies of any additional information deemed essential by the applic_ tjustifying the approval of the request. Orange County, North Carolina—Unified Development Ordinance Page 2-37 Article 2: Procedowls Section 2.10:Variances 2.11. Authorized Variances A va ce may be approved by the Board of Adjustment in cases where unnecess. ardships would res rom carrying out the strict letter of the Ordinance, when substan •.. -vidence in the official record o •e application supports all of the following findings: (A) Unnecessary h. • hip would result from the strict appl. . ion of the Ordinance. It shall not be necessary to .:. onstrate that, in the abs-- e of the variance, no reasonable use can be made of the prope (B) The hardship results from conditio••--4 at are peculiar to the property, such as location, size, or topography. Hards • resultin. •m personal circumstances, as well as hardships resulting fro.- onditions that are c• on to the neighborhood or general public, may not •- e basis for granting a varianc-. (C) The ha • ip did not result from actions taken by the appli :•t or the property owner. T.- act of purchasing property with knowledge that circumstanc- -xist that may justify the granting of a variance shall not be regarded as a self-created har.-•... (D) The requested variance is consistent with the spirit, purpose, and intent of the . dinance, such that public safety is secured and substantial justice is achieved. 2.10.4 Additional Criteria for Authorized Variances—Special Flood Hazard Areas District 25 In addition to the criteria contained within Section 2.10.3, any application for a variance from the --- --- -- - _ • -_ ! - - - flood regulations shall abide by the following additional criteria: (A) Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (B) In considering variances from the requirements of the Special Flood Hazard Area Overlay Zoning Dietsctflood regulations, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and: (1) The danger that materials may be swept onto other lands to the injury of ► ers; (2) The danger to life and property due to flooding or erosion dama.-; (3) The susceptibility of the proposed facility and its contents e, ood damage and effect of such damage on the individual owner; (4) The imp••ance of the services provided by th- •roposed facility to Orange County; (5) The necessity to the : ility of a w.- -rfront location, where applicable; (6) The availability of alternati —.cations, not subject to flooding or erosion damage, for the prop._-d use; (7) The compatibi • • of the proposed use w • existing and anticipated development; (8) The rel. ••nship of the proposed use to the Ora •- County Comprehensive Plan a • "oodplain management program for the area; (9) The safety of access to the property in times of flood for or. --ry and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment tran c•rt of the flood waters and the effects of wave action, if applicable, expected at the -ite; 25 Eliminating references to the'Overlay District'which is being deleted. Orange County, North Carolina—Unified Development Ordinance Page 2-38 Article 2: ProcedurrsT Section 2.10:Variances (11) The costs of providing governmental services during and after flood co iitions including maintenance and repair of public utilities and facilities such - sewer, gas, electrical and water systems, and streets and bridges; and (12) The request for a variance is not after-the-fact or for a situation of .ne's own making. (C) A written report addressing each of the above factors shall be submitt-d with the application for a variance. (D) .on consideration of the factors listed above and the purposes • this Ordinance, the Board of Adjustment may attach such reasonable conditions to e granting of variances as it seems necessary to further the purposes of this Ordinan -. (E) Varian.-s shall not be issued within any designated floodw. or non-encroachment area if any in ease in flood levels during the base flood discha'se would result. (F) Conditions •r Variances: (1) Varia es may not be issued when the variance will make the structure in violatio of other Federal, State, or local la s, regulations, or ordinances. (2) Variances -hall only be issued upon a d: ermination that the variance is the minimum n- essary, considering the fl sod hazard, to afford relief. (3) Variances sha only be issued upon. (a) A showin o of good and s ficient cause; (b) A determin- ion that fa. re to grant the variance would result in exceptional h:rdship; (c) A determination . the granting of a variance will not result in increased flood heights, ads' ional threats to public safety, or extraordinary public expense, Great: nui .ance, cause fraud on or victimization of the public, or conflict wit existino local laws or ordinances; and, (d) That the cir'umstances on the subject property are unique to the subject property - d not to prope •ies in general. (G) Any applicant to whom . variance is granted .hall be given written notice specifying the difference between thr Base Flood Elevation :•FE) and the elevation to which the structure is to be bu' and a written statement that the cost of flood insurance will be commensurate wit- the increased risk resulting fr. the reduced reference level elevation. Such 'otification shall be maintained wit' a record of all variance actions. (H) The Floodplai Administrator shall maintain the recor. of all appeal actions and report any varianc-- to the FEMA and the State of North Caro a upon request. 2.10.5 Additional Crite a for Authorized Variances—Watershed Prote ion Overlay District (A) Minor ariances for dimensional requirements of the Watersheo Protection Overlay Distr t may be approved by the Board of Adjustment in accorda•ce with Section 2.12 of thi Ordinance. (B) e Board of Adjustment may approve variance applications to allo he use of off-site septic easements for lots created before January 1, 1994, and for non- onforming lots of record. (C A description of each project receiving a variance and the reason for grants's the variance shall be submitted for each calendar year to the Division of Water 0 ality on or before January 1st of the following year. (D) All other local governments having jurisdiction within the watershed area and the -ntity using the water supply for consumption shall be notified of the variance application -t Orange County, North Carolina—Unified Development Ordinance Page 2-39 Article 2: Procedtvrs Section 2.14: Minor Subdivisions (B) One copy of the final mylar plat and three paper copies of the plat shall be submitted 'ith the request for a determination for an exempt subdivision. (C) Exempt subdivisions shall comply with all applicable non-plat requirements of thi Ordinance. 2.13.2 R:view and Action (A) Following receipt of a request for a determination of an exempt subdivisit status, the Planning Director shall make a determination of the land division's exe pt or nonexempt atus. (B) If t - Planning Director determines that the proposed land division foes not constitute a subdi.ision, the Planning Director shall certify the proposed land :ivision as exempt and include he necessary statement on the plat certifying same. (C) If the Plan,ing Director determines that the proposed land d.'ision constitutes a subdivision, e applicant shall be informed of such in writing and shall be required to submit the alp. opriate Subdivision application. SECTION 2.14: MINOR SUBDIVISIONS 2.14.1 Review and Decision Proce s Flow Chart Review and approval of Minor Subdivision applications shall adhere to the process detailed Mir or Pre-application Meeting submittal herein. The applicant shall Sub• visions of Concept Plan Application demonstrate compliance with the development standards contained v in Article 7 of this Ordinance. Review of Concept Plan Application by Orange County Development Advisory Committee 2.14.2 Concept Plan • The applicant shall prepare a eighborhood Information Meeting T sketch plan of the proposed (Flexi• e Development with more than 5 lots) subdivision and schedule an v appointment with the Planni • Department for initial revie and Initiation o Final Plat Application Process consultation. During this nitial meeting the Planning I-partment shall advise the subd ider or Issuance of Corn.letion of Completion of his/her authorized ..ent of the Septic &Well Req 'red Final Plat regulations pertain ng to the Improvement Improve 'ents Application& proposed subdi sion, of any Permits (road,drainage, Survey obvious chap.-s required in order etc.) to comply wi the provisions of this v v Ordinance and the procedures to be follow•d in the preparation and Installation of Issuance of Required CA' by submis.ion of the Concept Plan. Landscaping School :.ard (A) Application Requirements ■ Submittal of Final Plat Application • • Recordation of Plat and Orange County, North Carolina—Unified Devel Development Agreement at Orange County Register of Deeds Article 2: Procedur , Section 2.14: Minor Subdivisions (1) Applications sha :- ._-- -• •• • •• : .Y..-. •y the Planning Department in • •-• - . -ec ion 2.2 of this Ordinance. (2) Applications shall include: (a) Two copies of the scaled Concept Plan, drawn to the specifications outlined in Section 7.14.1. (b) A vicinity map showing the location of the subdivision in relation to the existing street or highway system. (c) A soils classification map for the property. (d) A topography map of the property. (e) A map showing any environmentally sensitive areas on the property (i.e. streams, wetlands, special flood hazard area zoning overlay districts, conservation easements, etc.). (f) For Minor Subdivisions utilizing the Flexible Development Option, a Plan illustrating proposed lots for residential use and Common Open Space (Primary and Secondary) as well as the treatment of passive and active open space areas (e.g., natural/undisturbed areas, trails, recreational amenities). (B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexib Development Option with more than 5 lots (1) Upon acceptance of a Concept Plan application, the Planning Direct• shall schedule a Neighborhood Information Meeting (NIM) and mail no • es of the meeting to each owner of property within one thousand feet of e property proposed to be subdivided. (2) •tices of the NIM shall be mailed by first class mail at 1-ast ten days prior to the dat- .f the meeting. (3) The Pla ing Director shall place a sign on the a'-cted property indicating the total numb- of lots proposed, the date, time, . d location of the NIM; and the Planning Dep. ment telephone number. T - sign shall be posted on the affected propert .t least seven days pri• to the NIM. The NIM shall be held a prior to Final Plat A.•lication submitt. . (4) At the NIM, the applica shall be . ailable to answer questions about the proposed subdivision, and • r- eive comments from neighboring property owners for the purpose of i • •ving the proposed subdivision design. (5) The Planning Director s•.11 explai • the subdivision approval process and neighboring property . ners may sp_.k with regard to specific concerns and/or issues. (C) Review and Action (1) The Plan • g Department shall review the Corm,it Plan for general compliance with th- equirements of this Ordinance. (2) A c% pleted Concept Plan application shall be entere• • to the permit record and • aced on the agenda of the next available meeting of the Development Advisory Committee(DAC). ( The DAC shall review the Concept Plan for general compliance • established Subdivision development standards detailed in Article 7 of this Ordin: ce as well as compliance with other applicable local and State regulations. Orange County, North Carolina—Unified Development Ordinance Page 2-47 Article 2: Proced Section 2.26:Appeals (a) 60 days in cases involving the appeal of an Ordinance amendin• e Zoning Atlas, (b) 1 year(365 days) in cases involving the appeal of ar ardinance amendment the UDO, (c) years (1,035 days) in cases involvin. , appeal based on an alleged de _ tin the adoption process of .• •rdinance amending the UDO. 2.26.6 Water Supply Watershed Critical :. Bound- Line Appeal applications disputing the Plannir• Ii : tor's decision regarding the location of a Water Supply Watershed Critical Area bo •nary line sha •e accompanied by: (A) A survey prepared •• a North Carolina registere. _ d surveyor or professional engineer depicting the . -rences between: (1) e locational criteria in Section 4.2, The official Watershed map on file in the Planning Departmen , .nd (3) The boundary line the applicant asserts is correct. (B) A detailed explanation describing the differences in the three boundary lines contain-• •n (A) above. 2.26.7 - . - - . - . - - e - . P"-- Flood Regulations (A) Any property owner who has received an order to take corrective action in accordance with Section 9.7 may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten business days following issuance of the final order. (B) The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. .26.8 Soil Erosion and Sedimentation Control (A) Appeal of Erosion Control Plan Except as provided in subsection (D) below, the appeal of a disapproval, a..roval with • odifications, or approval with conditions of an Erosion Control Plan sr: be governed by •- following provisions: (1) •- disapproval of, modification of, or conditions of .•'royal attached to any prop. -d Erosion Control Plan by the Erosion C. rol Officer shall entitle the person s itting the plan to an appeal oft - decision to the Orange County Planning Dir-. or. (2) If the Planning Dire •r upholds th recision, the person shall be entitled to a public hearing if such p- on s •mits written demand for a hearing within 15 days after receipt of writte ••tice of disapproval, modification, or conditions of approval. (B) Hearings (1) Orange C• my (a) This sub-subsection pertains to appeals • land-disturbing activities occurring outside the corporate limits of the • ns of Chapel Hill, Carrboro, and Hillsborough, and the City of Meba -. (b) Hearings held pursuant to this sub-subsection shall be ducted by the Orange County Planning Board within 30 days after receip written demand, as provided for in (A)(2) above. Orange County, North Carolina—Unified Development Ordinance Page 2-77 Article 4: Overlay Zoning Districts Section 1.1: Special Flood Hazard Area (SFI?i )1 4.2.9 Water Supply/Sewage Disposal Facilities TABLE 4.2.9:WATER SUPPLY/SEWAGE DISPOSAL FACILITIES Dls r RIOT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA Water supply and sewage treatment systems shall be limited to individ dal wells and on-site UNIV-PW septic tanks systems or individual on-site alternative disposal syste• s. No off-site systems shall be permitted. parcels created through the Conventional Subdivision p .cess as detailed in Article 7 of All Other Watershed this ∎rdinance septic and repair area shall be located in . . Off-site individual septic Overly Districts system associated with parcels created through the F -xible Development Subdivision as outlined i ection 7.12 of this Ordinance must be .ntained within Common Open Space and approve. by the Orange County Environme. al Health Department. New septic tanks a • their nitrification field shall be located outside of any stream buffers, UNIV-CA or 300 feet from a res- oir or perenni. dr intermittent stream as shown on the USGS Quadrangle maps, which: er is furt r New septic tanks, pump tanks : • their appurtenances shall be located outside of any stream buffers and at least 10 fee rom a perennial or intermittent stream as shown on the CANE-CA USGS Quadrangle map , and at leas 50 feet from a reservoir. U-ENO-CA New nitrification fields all be located o ide of any stream buffers and at least 100 feet from a perennial or• termittent stream as s awn on the USGS Quadrangle maps, and at least 300 feet fr. a reservoir. CANE PW Water supp ' and sewage treatment systems shall d- limited to individual wells and septic CANE CA tanks or• dividual on-site alternative disposal systems, .rovided however, off-site systems U ENO CA shall •- permitted when located in a Flexible Developme subdivision approved in ac .rdance with Section 7.13 of this Ordinance. UNIV-PW CANE-PW U-ENO-PW HYCO-P�• New septic tanks and their nitrification fields shall be located outside of any ,tream buffers LITTL 'W and at least 100 feet from a perennial or intermittent stream as shown on the ■ GS BA -PW Quadrangle maps. •W-PW RDAN-PW L-ENO-PW FLAT-PW 4.3.1 Intent desighecl-to;. {A) Restrict or prohibit uses, which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging incr aces in erosion, flood heights or velocities; {B) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; 26 Standards are being moved to Section 6.21 of the UDO given the deletion of the Special Flood Hazard Area Overlay District. Orange County, North Carolina—Unified Development Ordinance Page 4-11 Article 4: Overlay Zoning Distrrgs Section 1.1: Special Flood Hazard Area (SFHA)• --• - -, - -- - _-- •-, - - - - - -- '-- , - ••-• - " "• - -- - - -- --• -- - - --- -- - , • - --•- - - /1.3.2 ObjectiveG The objectives of this overlay district are to: • _ (B) Minimize expenditure of public money for costly flood control projects; (D) Minimize prolonged busine°., losses and interruptions; (E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, cable and other communication facilities, and sewer lines, streets, and bridges located in flood prone areas; (F) Help maintain a stable tax base by providing for the sound use and development #lood (G) Ensure that potential homebuyers are notified that property is in a Spec Area. /1.3.3 Findings of Fact {A) The flood prone ar as within the e _ • _ •_ • e•- •_• _ e _ _ -e-' • - periodic inundation, which results in loss of life, property, health and safety hazards, flood protection and relief, and impairment of the tax base, all of which adversely affect •4.3 4 A licability e•- - - -" --- • - •_ - - - - - - - . . . -•e- ---•(A) The SFHA are those identified by the FEMA or produced under the Cooperating ' -- - - - -- "-'•-' e-•. --• -- - - - - • - - -- e ••- - - " • - --- - - - - - - - - • ---•••e..• - - L 4 - e - _e-• -- -e -- .. , -- -- - - - - - - ,,__ • • - . .. = -O- , !_ I4 SS A S_ .• Z., . •_ .. !..., --e ._ .• ... . - - _ i�-- - - '= e• _e ", a_•- • - - -- ,'1- O, get, - - ---- -- - ---- - -- -, - -- - - - _ I.i-_ A - _ •-- _ - - - --e -- -• - - 1.1-- • - _ •-• - - ---- -e e - - --e e-- - -•• e e- Orange County, North Carolina—Unified Development Ordinance Page 4-12 Article 4: Overlay Zoning Districts Section 4.3: Efland-Cheeks Highway 70 Corrid& includes, but is not limited to: {1) Detailed flood data generated as a requirement of Section 1.10.2 (K) and (L) of this Ordinance; (2) Preliminary FIRMs where more stringent than the effective FIRM; or *e _ -_ ,1 eee 4.3.6 Compliance improved, or maintained in any way without full compliance with the terms of the regulations pertaining to the SFHA and other applicable regulations. = EFLAND-CHEEKS HIGHWAY 70 CORRIDOR 4.444.3.1 Intent (A) The Efland-Cheeks Highway 70 Corridor Overlay District (ECOD) is established provide for compatibility of uses between existing single-family residential la a uses and non-residential developments along a designated portion of Highway 70 , • in Cheeks Township. (B) Th- .ighway 70 corridor covered under this overlay district is p-- of the Efland Mebane Small A -a Plan, adopted by the Board of County Commiss.• ers on June 27, 2006, which outli acceptable levels of development within t.- study area, including allowing for additional n••-residential development along Hi.. ay 70. (C) The regulations con -• ed in this Ordinance ar designed to preserve and enhance the character of the commu • while allowing t mixed, but compatible, land uses by permitting logical expansion . existing •in-residential developments throughout the corridor. (D) It is the intent of this overlay • rict to _ courage land use patterns that will: (1) Protect existing .• gle-family reside -I land uses, (2) Protect th- aracter of the area, (3) Enh- ce property values, (4) aintain the economic viability and carrying capacity . the corridor, Preserve open vistas whenever possible, (6) Encourage small businesses to locate in appropriate areas, and (7) Continue to promote and provide for the general welfare of local citizen .nd property owners. (E) Standards are established in Section 6.621 27to allow for the development of additional non-residential land uses within the ECOD in order to maintain and enhance the economic vitality of the area while protecting the less intensive mixture of existing residential land uses 4:4724.3.2 Applicability • -,.ed for .roperties adjacent to Hi. A - . - - - ownship of Orange Count '• - - ----- -- "- e ••■ •: • •• le Orange County Zoning A as. 27 This is the new section reference in Article 6 for development standards associated with the Efland-Cheeks Highway 70 Corridor Overlay District. Orange County, North Carolina—Unified Development Ordinance Page 4-13 Article 4: Overlay Zoning Distrrgts Section 4.3: Efland-Cheeks Highway 70 Corridor (B) The requirem- •' Ordinance pertaining to EC•P -:: v o all non-residential land uses and developments within - - ':.:-• --./ overlay District except for existing non- residential land uses • - -• ' I in previously esta• i -. :_•- .l commercial or Existing Co Is= - C-5)zoning districts. 4.4.34.3.3 Non-residential Development Non-residential development within the Highway 70 Corridor shall be limited to the following and shall be in accordance with the standards contained in this Section and Section 6.6.12: (A) Pre-designated commercial area as indicated on the Orange County Zoning Atlas, and (B) Along Highway 70 as depicted on the Orange County Zoning Atlas. 4:4.4.3.4 Permitted Uses • .- ECOD, uses of land and structures shall be permitted as fo • -: (A) Non-residential deve o• - - 1.1 •- :---.esignated commercial area shall adhere to the permitted an• ses outlined or - •-'e••• hood Commercial -2 (NC-2) •••-• • s not as contained within Section 5.2 of this Ordinance. (B) Non-residential uses within the Highway 70 Corridor Overlay District, shall be limited to professional office and similar institutional uses and shall abide by the standards contained in this Section and Section 6.6.21. No more than 40% of the Highway 70 corridor outside of the pre-de . ed commercial -.s shall be permitted for non-residential uses. (1) This .•. - shall be calculated by the - of the street frontage of lots used for non-residentia •. ••ses cop_. ed to the total street frontage of all lots on both sides of the roadw. :• ._ • the pre-designated commercial areas along the overlay di ' corridor. (2) e 40% limitation includes non-residential uses c• ted within new or converted/rehabilitated structures that have a residential app-: _•ce. '1.4.54.3.5 Lot and Use Requirements for Non-Residential Development In addition to the Development Standards in Section 6.6.12, the following lot and use requirements shall apply to all applicable non-residential development within the pre-designated commercial areas and along the Highway 70 corridor: (A) Minimum Lot Width The minimum lot width for all lots created after December 3, 2007 shall •- 30 feet, . ess the lot is served by public sewer and shared ingress/egress '• hich case the mini . lot width shall be 75 feet. (B) Setbacks a Building Height (1) The setbac. and building heights for al = uctures, regardless of the proposed land use, shall c.• orm to the setb- of the underlying zoning district. (2) If Building Height Limit. '•n ••difications are pursued in accordance with Section 6.2.2(A), in no e -•.II building height exceed 35 feet. (3) Where applicabl-, e front yard se b-ck shall be measured from any future right- of-way as d-_'gnated in the Orange Co Comprehensive Transportation Plan. (C) Floor Area • - io (1) he maximum floor area ratio for non-residential uses i e pre-designated commercial area shall be 0.200 with a maximum building sq.- e footage total of 20,000 square feet. Orange County, North Carolina—Unified Development Ordinance Page 4-14 Article 4: Overlay Zoning Districts Section 4.4: Efland Interstgg (2) The maximum floor area ratio for non-residential uses along t - ghway 70 Corridor shall be 0.100 with a maximum building squar- .• age total of 6,000 .re feet. (D) Yard Encroachmen (1) No fences shall be permIN.:.• in the front yard of non-residential uses unless a demonstrated ne-s an be sho . (2) Withi -- pre-designated commercial area, •- -coated chain link fencing shall permitted for non-residential uses. 3) Outside of the pre-designated commercial area but within the bou 'es of the Highway 70 Overlay District, chain link or similar fencing shall not be per • -d for non-residential uses. —_ LC] c - -_- EFLAND INTERSTATE 4:544.4.1 Intent (= The Efland Interstate Overlay District is established to provide for a more e style of de - .:••-nt in an area of the county served, or intended to be --•-•, by public water and sewer sys e (B) The geographic area covered by a- -'sr Interstate Overlay District is part of the Efland-Mebane Small Ar-- ' - , adopted by t - • of County Commissioners on June 27, 2006 outlines acceptable levels of developm- • in the study area, incl ••-• a owing for additional non-residential and residential developm- •• •is overlay district. (C) Standards are established in Section 6.6.24 in order to maintain and enhance the economic vitality of the area while protecting existing land uses. Unless otherwise stated, the standards are in addition to standards contained in this Ordinance, including Sections 6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.54 (Major Transportation Corridor). /1.5.21.4.2 Applicability his district is intended for all properties located south of the railroad tracks and north of Inters a - :- 4s in the general vicinity of Mount Willing Road •• -- • sance with the boundaries shown on - e -••e County Zo•.•- • .s. (B) The requirements of ••- e •• ance pertainin• • •- fiend Interstate Overlay District appl • _ - •ential and non-residential land uses and de - •:••-its in the designated .istrict except for detached single-family residential land uses and develop - . /1.5.34.4.3 Permitted Uses and Dimensional and Ratio Standards ithin the Efland Interstate Overlay District, uses of land and structures .•• ! --- sional and Ratio ose ermitted in the 1.- • ing district or districts. All other requirements for •- -- = . • - • - -- - contained in this Ordinance shall be ••- - • erwise provided. (B) Minimum Setbacks (1) The minimum side and rear setback shall be the width of the required buffer in 6.6.32 (B)or the setback required in Article 3 or Section 6.2.8, whichever is less, except as provided in (a). (a) For parcels subject to the setback and yard requirements in Section 4.7.4, the requirements of said Section shall apply. Orange County, North Carolina—Unified Development Ordinance Page 4-15 Article 4: Overlay Zoning Distrrghs Section 4.5: Efland Village = - = EFLAND VILLAGE 1.6.14.5.1 Intent (• The Efland Village Overlay District is established to provide for an ur..• .• age style of deve of --• • an area of the county served, or intended • :- erved, by public water and sewer systems. (B) The geographic area covere. e• e Ef a • .• -.e Overlay District is part of the Efland- Mebane Small A -_ - .n, adopted by the Board of Cou _••Imissioners on June 27, 2006 outlines acceptable levels of development within the stu.' : ;- .ncluding a owing for additional non-residential and residential development in this overlay •i '- . (C) Standards are established in Section 6.6.43 in order to maintain and enhance the economic vitality of the area while protecting existing land uses. Unless otherwise stated, the standards are in addition to standards contained in this Ordinance, including Sections 6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.54 (Major Transportation Corridor). 4:624.5.2 Applicability (' •• district is intended for all properties located north of the rai • acks in a geograp is . -- . monly referred to as "Efland" i - -. .ance with the boundaries shown on the Orange Cou ' -a .. Atl. (B) The requirements of th. e • nance pertaining to • - _•• Village Overlay District apply to all reside. . • non-residential land uses and developments i •- mated 4p•_ • except for detached single-family residential land uses and developments. 434.5.3 Permitted Uses and Dimensional and Ratio Standards Within the Efland Village Overlay District, uses of land and structures and limensional and Ratio Standards are those permitted in the underlying zoning distri .r districts. All 'then requirements for the use of land and structures contained in t Ordinance shall be m_ unless otherwise provided. (B) Setba and Building Height (1) In Ii- of the front setback required in Article the minimum front yard setback for pro.: ies fronting on U.S. Highway 70 shall be 30-feet. (2) In lieu of the ont setback required Article 3, the front yard setback for parcels located in the o -rlay district bu of fronting on U.S. Highway 70 shall be in keeping with the fr.•t setba provided by adjacent uses. (3) The minimum side an. .-r setback shall be the width of the required Land Use Buffer(Section 6.8 : or th- .etback required in Article 3, whichever is less, but in no case sha •e less than 1 6 eet. (4) If Buildin• 'eight Limitation modific. .ons are pursued in accordance with Secti.- 6.2.2(A), in no case shall builds • height exceed 40 feet. (C) Yard E • oachments (1 No fences shall be permitted in the front yard of I• used for non-residential uses unless a demonstrated need can be shown. (2) Fences located in the front yard of residential uses, other •.n single-family detached dwellings, shall be a maximum of five feet in height. Orange County, North Carolina—Unified Development Ordinance Page 4-16 Article 4: Overlay Zoning District, Section 4.6: Major Transportation Corridor --_ = MAJOR TRANSPORTATION CORRIDOR 4.7.14.6.1 Intent ) It is the intent of Orange County to protect and enhance those natural and environmental features which constitute important physical, aesthetic, recreational, and econo .ssets through the provision of special controls of public and private develop• ent along ma's transportation corridors. (B) The Boa • of County Commissioners finds as a fact that: (1) Major : sportation corridors serve a key function in e orderly development of Orange Co.•t as major traffic movers, as well a erve as entrances to Orange County from o 'de the area. (2) These corridors and - character of th- •evelopment which occurs along them establish for visitors and idents a' e an indicator of the quality of life in the County, as well as the efficient - d safety of traffic movement through the area. (3) In addition, the ability of di I--rent ar-: of the County to attract and accommodate differen pes of develop-tent depends on the capacity of the thoroughfare syste • and the character and • ality of development along major corridors. (C) The Major Transp• ation Corridor district is intended to enhan - the attractiveness and orderly develo• ent of land adjacent to major transportation facili through the provision • . set of development standards and regulations for applic- ••n to public and private .evelopment of land adjacent to these corridors. The major transp••-tion cor '.ors include the interstate system as designated in the adopted Comprehensive • an. (D) The district establishes development standards (see Section 6.6.64) and a site plan review process for development within the district. (See Section 2.5). 424.6.2 Applicability ) The Major Transportation Corridor(MTC) district is established as a district wh'.h overlays other zoning districts established in this Ordinance. The new use •,"any land or .ny new structure within the MTC district shall comply with the use re• . -tions applicable to •- underlying zoning district as well as the requirements of the '• C district. (B) The pro '".'ons, requirements and restrictions of this district all not apply to the use of land within t - district for single family or two-family dw- ' gs or to any building or structure existin• •rior to the creation of this district . ess it is structurally altered to the extent of increasing •e floor area by 50%or m• or is enlarged to any degree to occupy a vacant lot. (C) This district shall be applied a . g a interstate highway in the County designated in the adopted Comprehensive Plan a ch and to any proposed interstate highway designated in the adopted C• prehe .ive Plan as such. (D) The minimum length • e district shall be . ontinuous distance along the thoroughfare within the County'. urisdiction and outside oft' : extraterritorial planning jurisdictions of the Towns of - • sborough, Chapel Hill, and Carrbo and the City of Mebane. (E) The mi urn width of the district is 1,250 feet from the e.•e of the right-of-way m-- ured along a line which is perpendicular to the edge of •- right-of-way on each side • the roadway, except at interstate interchanges where the Dist shall extend 2,500 feet from the right-of-way on each side of the intersecting road. Orange County, North Carolina—Unified Development Ordinance Page 4-17 Article 4: Overlay Zoning Distfdett Section 4.7: Stoney Creek Basin 4.7.34.6.3 Permitted Uses - -o L -'• rans•ortation Corridor(MTC) District, uses of Ian. ..• _ - . - - - ose permitted in the underlying zonin.I.iI .-- A other requirements for the use of land a • —- . - • acne• in this Ordinance shall be met unless o eV,. - . : .e-• 4:7:44.6.4 Building Setback and Yard Requirements Bui • setback and required yard areas for the overlay district are as follows: (A) The fro .rd requirement shall be 100 feet from the edge • e right-of-way of an interstate high ', or 50 feet from the edge of an in - --cting road at an interstate interchange. (B) The rear yard requirement shall b:•• •: feet from the edge of the rear property line or 100 feet from the edge of the r•- -of-way of a •• erstate highway when a rear yard is adjacent to the int- . - e. (C) The sid- ..rd requirement shall be 50 feet from the side prop-- line or 100 feet from the -e.- of the right-of-way of an interstate highway where the side prop-- line is adjacent to the interstate. STONEY CREEK BASIN 4.:8:44.7.1 Intent (' The purpose of the Stoney Creek Basin Overlay District is to implement the ey Creek Bass ••.II Area Plan by: (1) Encouraging - eation of open space an. - smiting density increases within the more rural portions • •- are. •- -rally defined as the Stoney Creek drainage basin; and (2) Modifyin• =-.'n Flexible Development regulation .ntained in Section 7.13 o •rdinance, to encourage the distribution and intensity • :- elopment areas and open space as specified in the Plan. 4.8.24.7.2 Applicability enerally This district s . .- _•.lied to all of the are.. _ -. in the Stoney Creek Basin Small Area Plan, except for the • :mi.- 'Ian area located within the Rural Buffer(RB) Zonin• • _ . e Stoney Creek Basin Sma - ' an and Map was adopted by the *range County Board of Commissioners on August 5, 199.. (B) With Other Regulations Except for certain provisions as specified in Section 4.67.4, all other regulations for the underlying zoning districts are applicable. 4.8.34.7.3 Land Use Intensities -- levels of land use intensity are contained in the Stoney Creek Basin Small Area P - . These ar-; -re designated in the Plan as lower, intermediate, and higher Intel' • areas, which are identified, res.-. ely, as Lower Intensity, Intermediate Intensit - igher Intensity Development Areas within ; toney Creek Basin Overla •-. g District. (A) Lower Intensity Developmen _ The Lower Intensity De = :. ent Area inclu•- .nd designated as lower intensity area in the Stoney --• :asin Small Area Plan. The Lo - • ensity area best typifies the area' - aining rural character and is proposed to have the •,•- t average •evelopment densities in the future. The current character of the area - idential development on relatively large lots, with a considerable number consisting of .rge Orange County, North Carolina–Unified Development Ordinance Page 4-18 Article 4: Overlay Zoning Distri5t Section 4.7: Stoney Creek Basin undeveloped tracts (both open and forested), and active farm land. The Lower In - sity area lies mostly in the central and southern part of the study area. A portion a I. extends north to 1-85 in the undeveloped area east of Strayhorn Hills. It contains 2 . acres, 725 o , hich are contained in Duke Forest or the Stoney Creek wildlife corrie.r. (B) Interm-.'ate Intensity Development Area The Interme..: e Intensity Development Area includes land .-signated as intermediate intensity area in - Stoney Creek Basin Small Area Pla he Intermediate Intensity area is intended to p . ide a transition between high- and lower intensity areas. It is envisioned as being pre.. inantly residential wit density being determined in large part by the character of existing ._ elopment. Th- termediate Intensity area contains 1205 acres, and includes the existing : idential 5evelopments of Strayhorn Hills and Wyngate, areas bordering Universit . . ion Road along the eastern side of the Plan area, and area west of NC 86 adjac- t t. el-40/01d NC 86 Economic Development District. (C) Higher Intensity Develop. ent Area The Higher Intensity P-velopment Area includes land d- •.nated as higher intensity area in the Stoney Cre=' Basin Small Area Plan and is generally nonymous with areas designated in -e Land Use Element of the Comprehensive Pla .s Ten-or Twenty-Year Transition A ea. In the future, land within the Higher Intensity area I likely be annexed into th- unicipalities of Hillsborough or Durham. A mix of land uses is ..ssible. The Hi.'-r Intensity area contains 699 acres, most of which lies in the western .•d •.rthwestern parts of the Stoney Creek Basin Plan Area, with one smaller pot.. situated on the eastern tip of the area adjacent to the I-85/US 70 Economic Develo.' ent District. 4&44.7.4 Applicable Regulations Pertaining to Flexible Developments Flexible Development regulations contained in Section 7.12 shall apply within the Stoney Creek Basin Overlay District, except as indicated in the Table below: TABLE 4. .4:VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.12 APPLICABLE IN STONEY CREEK BASIN OVERLAY DISTRICT DEVELOPMENT AREA STANDAPD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY Active recreation area Calculation of Open Space may not be included in 50%of active recreation a -. may be included in open iikcl...pen space space calculations, p- 'ection 7.12.4 of this Ordinance ulations Number of 33.1 50.0% One . m itional dwelling unit •- two acres of open space above 33% Bonus ()fen Space Unite) 50+% One additional dwel i . unit p- wo acres of open space between 33% and 50%, plus Omen Space one addition. ellin• unit •er acre of o•en s•ace above 50% Bonus units may no be located in t - Lower Int-• ity Bonus units may .- located in Bonus units may only be Deve .•ment Areas, a flexible developmen .• the located in a flexible Location of Bonus Units •• may be located in Intermediate Intensity or development in the Higher a flexible development Higher Intensity Development •tensity Development daigiii in the Intermediate Areas. Are.. Intensity or Higher Intensity Development Areas. Village Option Village option not Village option permitted, but Village Proper limited to ' ■ •ermitted. acres. Orange County, North Carolina—Unified Development Ordinance Page 4-19 Article 4: Overlay Zoning Distrpgt Section 4.7: Stoney Creek Basin TABLE 4. .4: VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.12 APPLICABLE IN STONEY CREEK BASIN OVERLAY DISTRICT DEVELOPMENT AREA STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY (1) Bonus units do not apply to Minor Subdivisions utilizing the Flexible Development Option. Orange County, North Carolina—Unified Development Ordinance Page 4-20 Article 6: Development Standar Section 6.6:Additional Standards for Overlay Distric s (7) Exterior Finish Materials (a) Exterior finish materials must conform to and be in harmony h the exterior design of neighboring structures and the overall design of improvements described throughout these guidelines. (b) Building exteriors must be constructed of materials w► ch are sufficiently durable to guarantee low maintenance and a mass'able life span, and to withstand abuse by vandals or accidental dams• • from machinery. (c) Exterior materials must have an attractive to re, pattern or quality of detailing. Acceptable building materials inc ide those which appear natural in texture and color such as stone, unpainted brick, wood, and textured concrete. (d) ,iding must reflect in texture and co or that which is typical of the area a • region. (8) Roof Lines a d Materials (a) The roof .esign must be •nsidered as a component of the overall architectur. design the- e and must be taken into consideration during the initial desi. pha - for the structure(s). (b) Nearly vertical ro.,'s (A-frames) and piecemeal mansard roofs (used on a portion of the b. di . perimeter only) must not be utilized. Mansard roofs must wrap around the -ntire perimeter of the structure. (c) All rooftop mechanical es.ipment, vents, ducts,and communication antenn. and towers must .- screened from view or designed and insta -d in a manner using m. erials and colors compatible with the bu' ding architecture. All such es ipment must be located below the •ghest vertical element of the buil.'ng, with the exception of tower-type communication antennas which do n• exceed a height of 15 feet from base to top. Except for standing rib metal roofs and co..er roofs, corrugated metal, highly reflective surfaces, and illuminated ro• .ng must not be used: (e) Rooftop solar collectors, skylights, and other ref active rooftop building elements must be designed and installed in a man -r which prevents reflected glare. (f) Solar panels must be integrated into the roof design, flu with the roof slope. Frames must be colored to complement the roof. N. ral aluminum frames are prohibited. (g) Support solar equipment must be enclosed and screened from v-w. SECTION 6.6: ADDITIONAL STANDARDS FOR OVERLAY DISTRICTS • 28 28 Language within this section is being moved to Section 6.21. This is due to the elimination of the Special Flood Hazard Area Overlay District. These regulations are now general development standards and are being relocated accordingly. Orange County, North Carolina—Unified Development Ordinance Page 6-20 Article 6: Development Stands Section 6.6: Additional Standards for Overlay Districts (1) All new construction and substantial improvements shall be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with (3) All new construction or substantial improvements shall be constructed by entering or accumulating within the components during conditions of flooding. bathlkitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes, outlets/switches. (5) All new and replacement water supply systems shall be designed to minimize or (7) On sit-- - - -- . .. - e- e-- -e --e -e- -- --ze-aveid impai • - e •-•• e -e• . • • e— .... .. . ... • 0R�—A+ - - •*• - , '-- } - _. _ •.•_ _ _ _ ctu re, wish complies with the provisions of this Ordinance, shall meet the requirements of a (9) Unless reviewed and approved in accordance with the provisions in Article 2 and .• •• - _ _ - - • __ _ _ - - *- •• , •- e _ ante disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in SFHAs. (10) Fuel and Chemical Storage {a) With the exception of structures or tanks used for chemical and/or fuel treatment plant or wastewater tr atmcnt facility, the storage of the following chemicals and compounds shall be prohibited within SFHAs: (i) Acetone, {ii) Ammonia, {iii) Benzene, (iv) Calcium carbide, (v) Carbon disulfide, (vi) Celluloid, (vii) Chlorine, (viii) Hydrochloric acid, (ix) Prussic acid, (x) Magnesium, {xi) Nitric acid, (xii) Oxides of nitrogen, (xiii) Phosphorus, Orange County, North Carolina-Unified Development Ordinance Page 6-21 Article 6: Development Standards Section 6.6:Additional Standards for Overlay District {xiv) Potassium, (xv) Sodium, {xvi) Sulfur, {xvii) Acetylene gas, {xviii) Gasoline and any petroleum product, {xix) Lumber, (xx) Charcoal or coal dust, {xxi) Polychlorinated biphenyls (PCBs), {xxii) Poly nuclear aromatic {xxiii) Volatile organic compounds (VOCs), or 1 • _ _ _ . e •- A - A - • .. - (b) Where chemicals and fuel are necessary for the operation of water be located within a SFHA overlay provided it is either elevated or flood proofed in accordance with the standards contained herein and certified in accordance with Section 2.6.4 of this Ordinance. (11) The following facilities shall be prohibited in SFHAs:. (a) Hospitals, (b) Nursing homes, (c) Foster care facilities, (d) Sheriffs facilities, {e) Fire stations, (f) Emergency operations centers, and (g) Vehicle and equipment storage facilities. (12) Any inhabited structure within any SFHA shall have unobstructed, dry acce's during a regulatory flood event. (13) New fill material within any SFHA shall be prohibited. {14) Public utilities and facilities shall be constructed to minimize flood damage {15) In cases where development is otherwise allowed within identified SFHA's, adequate drainage shall be provided. {16) When a structure is located in a SFHA with multiple Base Flood Elevations {BFEs), the provisions for the highest BFE shall apply. - - - eee - S• • - a • - - -• - - . . e . -- following standards shall be met: (1) Residential Construction {a) New construction within the SFHA shall be prohibited. (b) Substantial improvement of any existing residential structure (including manufactured homes) shall require the reference level, including protection elevation, as defined in Article 10 of this Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 6-22 Article 6: Development Standai s Section 6.6:Additional Standards for Overlay Districts {c) Should solid foundation perimeter walls be used to elevate a structure, {a) New construction within the SFHA shall be prohibited. (b) Substantial improvement of any existing commercial, industrial, or other non residential structure shall have the reference level, including elevation. {c) Structures located in the AE Zone may be flood proofed no lower than two feet above the level of the base flood elevation in lieu of elevation to the pa.sage of • - - , - e -_ - _ __ __ •_ - •- ncy- (d) A North Carolina licensed Professional Engineer or Architect shall certify shall be provided to the official as set forth in Section 2.6. (3) Manufactured Homes ( R plaeemcnt manufactured homes shall be elevated so that the flood protection elevation. (b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, or lateral movement according to the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto 113.15 or a certified engineered foundation. {c) When the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, reinforced piers or other chassis. (d) When the elevation of the chassis is above 36 inches in height, an engineering certification is required. {e) All foundation enclosures or skirting below the lowest floor shall comply with the standards in Section 2.6.1. (f) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured local Emergency Management coordinator. Pings (a) Any public road, private road, or driveway cro. ing a SFHA shall require private roads, or driveways. Orange County, North Carolina—Unified Development Ordinance Page 6-23 Article 6: Development Standar Section 6.6:Additional Standards for Overlay Districts (b) If the "No Impact"certification data demonstrate that the Base Flood Elevation will rise more than one vertical foot, then the developer shall file a Conditional Letter of Map Revision with the North Carolina-Division of Emergency Management for review and approval. Before any building permit can be issued for the improvements associated with the crossing, - • ._ • . {5) Recreational Vehicles Recreation vehicles placed on sites within a SFHA shall be consistent with either of the following: (a) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick (b) Meet all the requirements for new construction, including anchoring and Ordinance- (a) With the new construction or substantial improvement of elevated buildings, fully enclosed areas that are below the regulatory flood protection elevation shall not be used for human habitation, but shall be designated for use only as follows: {I) For parking of vehicles, {ii) Building access, or with the premises. (b) Such spaces shall be constructed entirely of flood resistant materials following criteria: {i) Shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must criteria: a. Provide a minimum of two openings on different sides of b. The total net area of all openings must be at Igast ono 'subject to flooding; c. If a building has more than one enclosed area, each floodwaters to directly enter and exit; d. The bottom of all required openings shall be no higher than one foot above the adjacent grade; e. Openings may be equipped with screens, louvers, or the automatic flow of floodwaters in both directions; and Orange County, North Carolina—Unified Development Ordinance Page 6-24 Article 6: Development Standis Section 6.6:Additional Standards for Overlay Districts f. Foundation enclosures made of flexible vinyl or sheet metal skirting are not considered enclosures for regulatory and flood insurance rating purposes, and underpinning, regardless of structural status, is openings as outlined above to comply with this Ordinance. {ii) The enclosed areas shall be used solely for parking of vehicles, building access, or storage. (iii) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of (iv) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. {7) Temporary Non Residential-Structures Prior to theiss_ - - - 2222 - - _-.- -_ •-• _ •• _ - -• __•- - -- -e- - - -- • - - - -. -•e --- - - - -- Floodplain Administrator, a plan for the removal of such structure(s) in the event of a hurricane - - --- - - - - - - .- - - - - --- -- foNewing-+Rformatior (a) A specified time period for which the temporary use will be permitted; {b) Th- -_• -, --- - - - - - - - -- - --- - - - for the removal of the temporary structure; (c) The time frame prior to the event at which a structure will be removed {i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); (d) A copy of the contract or other suitable instrument with a trucking and {e) Designation, accompanied by documentation, of a location outside the SFHA to which the temporary structure will be moved. {8) Accessory Structures within a SFHA, the following criteria shall be met: {a) Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas); {b) Accessory structures shall be designed to have low flood damage {c) Accessory structures shall be constructed and pla--e e• •- __ _ _ - (d) Accessory structures shall be firmly anchored in accordance with this Section; (f) Openings to relieve hydrostatic pressure during a flood shall be provided conforming to the requirements of this Section; Orange County, North Carolina—Unified Development Ordinance Page 6-25 Article 6: Development Standarcls Section 6.6: Additional Standards for Overlay Distri ts7 {g) An accessory structure with any dimension that is 12 feet or less in certificate. Elevation or flood proofing certifications are required for all other accessory structures according to Section 2.6.11; and (h) The accessory structure shall meet a e•••- -•e - regi ire nts. {a) Where a fire wall or independent perimeter road bearing wall is provided between the addition and the existing building, the addition(s) shall be the standards for new construction. (b) Prc FIRM Structures (i) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are not considered a substantial improvement, as defined, and do not require a zoning or building permit, the addition and/or shall not be any more non conforming than the existing structure. (ii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that arc zoning or building permit both the existing structure and the new-construction. (c) Post FIRM Structures (i) Additions to post FIRM structures with no modifications to the existing structure shall require only the addition to comply with the standards for new construction. (ii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are not considered a substantial improvement, the addition and/or improvements only must comply with the standards for new construction. (iii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that arc considered a substantial improvement, both the existing with the standards for new construction. (1) Areas designated as floodways or non encroachment areas are located within the SFHA established in Section 4.3. (2) The floodways and non encroachment areas are extremely hazardous argac due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. {3) The following provisions shall apply to all development within such areas: Orange County, North Carolina—Unified Development Ordinance Page 6-26 Article 6: Development Stands Section 6.6:Additional Standards for Overlay Districts {a) No encroachments, including fill, new construction, substantial the occurrence of the base flood. Su • -- . (b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR), •_. - - 1/ .t,- - {c) No manufactured homes shall be permitted. --- - ' - - -- - - -- , - - ••-•e ee • e see - =Gated within SFHAs shall: (1) Be consist-- (2) Have public utilities and facilities such as sewer, gas, electric, cable, and water (3) -- - _e-e— " - - ' - - - -e- - -- - - --- - -rds. {4) Have BFE data provided if development exceeds either 50 lots/units or five acres. Such BFE data shall be adopted by reference per Section 1.3, (E) Additional-Stara - - ' • • - - - - - .,tea-d-Area Overlay-Ms' trict(SFHA) (1) T• _- e e -e- . _e•...• - - • - - - '•" - - - -- ---_ e---• • •- -- - _ •- •• -_ - • , • - _ •• e _ -e conditions-are met {a) The use serves a critical need in the Orange County. (b) No feasible location exists for the use outside the SFHA. (c) The reference level of any structure is elevated or flood proofed to at least the regulatory flood protection level. (d) The use complies with all other applicable federal, state and local laws. (e) Orange County has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a (2) The Board of County Commissioners is required to make affirmative findings of these standards. • S • •. - . - ••• Nothing herein contained shall require any change in the plans, construction, size, or authorized agents before the time of passage of this Ordinance; provided, however, that use shall be in conformity with the provisions of this Ordinance. (G) Enforcement Orange County, North Carolina—Unified Development Ordinance Page 6-27 Article 6: Development Standar Section 6.6:Additional Standards for Overlay Districts' 6&2s 6.1 Highway 70/ECOD ) Ingress and Egress The following standards shall regulate ingress and egress points within e corridor: (1) For purposes of determining the allowable number of ingress :nd egress points on any particular lot, all lots recorded at the effective date o his Ordinance shall be granted at least one ingress and egress point per road •ont unless access can be provided through some internal means. Howeve,, minimization of the total number of driveways along the Highway 70 corridor is desirable through the use of shared driveways or other access managemer techniques. (2) A trances/Exits (a) On all corner lots, no vehicular opening: shall be located closer than 60 feet from the point of intersection of t - street right-of-way lines. (b) o manage access on Highway 70 corner lots may be required to pr•vide ingress and/or egress fro► the adjacent street. (c) Entr. ces/exits shall not exce:: 36 feet in width measured at the prope line; however, in ins :nces where parking lots serve tractor/tr.:Her traffic, the driv-way entrance/exit may be increased to 40 feet in wid . (d) Exits for par g faciliti: containing more than 36 parking spaces shall contain holdin• anes or left-turning and right-turning traffic unless the Planning Directo d: ermines that due to the physical features of a site, holding lanes wo be unsafe and in accordance with established traffic mitigation stand. ds, should not be required. (3) Multiple Curb Cut R:•uireme'ts (a) A lot fronti • on Highway 70 shall have a minimum of 600 feet of road frontage ong the street be ire two curb cuts are allowed, unless the project ' eets one of the folio ing criteria: (i) Any mixed-use develop ent where two curb cuts are approved as part of a Special Use '-rmit or Conditional District, as prescribed by the Board of ounty Commissioners. (ii) Shared Access a. In instances where a no residential land use is proposed next to another •n-residential land use and each of the contiguous non- -sidential land uses will have direct frontage along Hig,way 70, then the County shall require shared driveway c s for all such contiguous non-residential land u--s. b. In the event that shared driveway c s are required, then the owners of the contiguous parcels .hall execute reciprocal easement agreements betw--n the separate property owners and have the same reco ded in the Office of the Orange County Register of D--ds prior to the issuance of a Zoning Compliance Permit. The easement agreement shall be sufficient to allo for the development of a service road to channel acces from Highway 70 to each property. Figure 6.6.2.A.3 shows an example of the shared access. Orange County, North Carolina—Unified Development Ordinance Page 6-28 Article 6: Development Standads Section 6.6:Additional Standards for Overlay Districts c. Non-residential developments that are no -.ntiguous to other non-residential development - e time they are approved shall be required t• :-signate stub outs to adjoining properties or e site plan for the proposed development s. . this shared access can be develop-• ' and when the adjacent property is de.:.t..ed for non-residential purposes or in cases where an '-•'vidual curb cut for a residential land use is deemed to be a .i is safety hazard by the County and NC DOT. d. Non-residential developments in the pre-defined commercial areas of the Highway 71 .• ridor are required to develop shared access points a :-rt of the site plan approval process for the project. Figure 6.6.12.A.3: Shared Access Hwy 70 - - ------- Shared Driveway Service Street _ Cut ****1 ' 0*••*`1 ' 0:4 1 1 I r® ® ca I • Non-residential Developments Within Pre-defined Commercial Areas of Highway 70 (4) The creation of offset driveways and/or intersections is not permitted, unles o practical alternative exists. All driveway entrances must have an approved NCDOT drivewa •ermit and must be paved to NCDOT standards from the edge of the e ' ing roadway p. ement to the existing right-of-way limit on the interio • the property. (B) Outside Stora. = of Materials Prohibited (1) All outside sto ::e of materials on non-re -ntial lots is prohibited. This prohibition include e storage of go.. or materials which are not an integral part of the use of the p ..erty an. hich are not obviously for sale. (2) This prohibition does not -►. here the primary use of the property includes the outside display of ••ods for sa : such as automobiles, boats, mobile homes, etc., and the mat- s stored outside a - for sale. (C) Landscaping and ' ffering In lieu of the -quirements outlined in Section 6.8 of this Or. •-.nce, the following standar.: shall apply: There shall be a minimum ten feet wide vegetative buffer along : rights-of-ways comprised of vegetation that complements surrounding plantings an. hich includes trees planted in accordance with Section 6.8 where possible. Orange County, North Carolina—Unified Development Ordinance Page 6-29 Article 6: Development Standar s Section 6.6:Additional Standards for Overlay Districts 66.6.2 Efland Interstate (A) Circulation and Connectivity (1) All site planning for property east of Mount Willing Road shall take into account the need for a connecting roadway between Mount Willing Road and the Interstate 85/U.S. Highway 70 Connector. (2) All site planning west of Mount Willing Road shall take into account e need for a connecting roadway between Mount Willing Road and Buckhorn "oad, as depicted on the Efland-Buckhorn-Mebane Access Management ' an, adopted November 11, 2011. In order to manage access on public streets, a site shall be p-rmitted no more than one entrance/exit point unless justified by: (a) site configuration; b) trip generation; (c traffic conditions, including the need for se'arate service and visitor/employee vehicular access, and/o one-way traffic movement; or (d) other factors. (4) Intra-site accessibility shall be provided. Ve cies shall not be required to enter the public reet in order to move from on- area to another on the same site. (5) On all corner its, no vehicular opening-. shall be located closer than 60 feet from the point of int- section of the street r •ht-of-way lines. (6) Driveway entranc: /exits shall not -xceed 36 feet in width measured at the property line; howe -r, in instanc-s where parking lots serve tractor/trailer traffic, the driveway entranc: exit may •e increased to 40 feet in width. (7) Exits for parking facilitie• co aining more than 36 parking spaces shall contain holding lanes for left-turni ; and right-turning traffic unless the Planning Director determines that due to the • ysical features of a site, holding lanes would be unsafe and should not •- req.ired. (8) Shared Driveways/. cess (a) In order to inimize the n ber of driveway curb cuts on Mount Willing Road, th••reby improving tra .c flow and safety, developments subject to this Se'tion, fronting on Moun Willing Road, and located contiguous to one . other shall provide share driveways/access whenever feasible, as •etermined during site plan re .ew. Methods to achieve shared .riveways/access may include reciprocal easement agreeme Its among property owners, reservation of future access ea -ments on property being developed, or other methods det- mined during site plan review. (ii) The location of shared driveways sho ll be determined during site plan review. Shared driveways do no necessarily need to be located at the front of lots if rear or side access is proposed and feasible. (• All driveway entrances must have an approved NCDOT driveway permit and must be paved to NCDOT standards from the edge of the exis:ng roadway pavement to the existing right-of-way limit on the interior of the • operty. (10) Pedestrian Circulation (a) Unless deemed unnecessary by the Planning Director during ite plan review, large projects, defined in (b), may be encouraged to pr•vide an internal pedestrian circulation system, owned and maintained by he Orange County, North Carolina—Unified Development Ordinance Page 6-32 Article 6: Development StandT:its Section 6.6:Additional Standards for Overlay Districts property owner. The system may be encouraged to provide p:.estrian walkways to outparcels and also within any large parking . eas. (b) For the purposes of this subsection, a large project i defined as one located on 5 or more acres or proposing more th- 50,000 square feet of building area. A large parking area is one co :fining parking for 100 or more vehicles. (B) Landscaping an Buffering In lieu of the requireme• s outlined in Section 6 : of this Ordinance, the following standards shall apply: (1) There shall be a minimu • ten --et wide vegetative buffer along all rights-of-ways comprised of vegetation th- _omplements surrounding plantings and which includes trees planted i• accor.-.ce with Section 6.8 where possible. (2) There shall be a P. imum 15 feet wi.- egetative buffer along all common property lines -parating non-residential -•. residential land uses. The required plantings s•- I be in accordance with those rea ired for Buffer Yards Type A outline. ithin Section 6.8 of this Ordinance. (3) T e shall be a minimum eight feet wide landscaped s '. along all property Ines separating non-residential uses from non-residential -s. The landscaped strip shall be comprised of vegetation that forms a semi-opaqu- 'ntermittent visual obstruction from the ground to a height of at least 15 feet, e .-pt in required sight triangles. Joint use agreements between adjacent prop-• owners for shared ingress/egress and/or parking may result in a waiver regarding •- exact location(s) of the required buffers. (4) The provisions of this subsection do not waive the buffer requirements found in Section 6.6.45 (Major Transportation Corridor). C) Architectural Design Standards In addition to the requirements in Section 6.5 (Architectural De " " andards), t - - -rnal design of chain businesses should con ' -nd complement the existing co : -. sit character. (D) Signage (1) Signa.- _-- conform to requirements •'s Section 6.12 of this Ordinance • ess in conflict with this subsection, in which c- - se requirements of this subsection shall apply. (2) The sign area of signs may be up to 64 square feet in size. 6:6:46.6.3 Efland Village Circulation and Connectivity Shared Driveways/Access for Properties Fronting on U.S. Highw• 1 (a In order to minimize the number of driveway curb c - on U.S. Highway ereby improving traffic flow and safety -- elopments subject to this Se fronting on U.S. Highwa :, and located contiguous to one another shall . ide shared dr. ays/access whenever feasible, as determined during si - • - - eview. (i) Meth.•_ o achieve s - -. driveways/access may include - Iprocal easement agreem- among property owners, reservation of future access easem- on property being developed, or other methods determined .. '.e site plan review. (ii) The location of shared driveways shall be determine. : ring site plan review. Shared driveways do not necessarily need to .- Orange County, North Carolina—Unified Development Ordinance Page 6-33 Article 6: Development Standar 4 Section 6.6:Additional Standards for Overlay Distric s located at the front of lots if rear access is proposed and feasible. (2) In order to manage access on public streets, sites which include new construction or additions increasing the square footage of a building .y more than 50% should be permitted no more than one entrance and exi •oint unless justified by: (a) site configuration; (b) trip generation; (c) traffic conditions, including the need for separate .ervice and visitor/employee vehicular access, and/or one- ay traffic movement; or d) other factors. (3) In a-site accessibility should be provided. Vehicle- should not be required to ent; the public street in order to move from one :rea to another on the same site. (a) ' his standard applies to new constr tion or additions that increase the s. are footage of a building by mo e than 50% of the existing square foo :ge. (4) On all corner lets, no vehicular openin; shall be located closer than 60 feet from the point of inte .ection of the street ght-of-way lines. (5) Driveway entrance /exits shall not -xceed 36 feet in width measured at the property line; howev:r, in instan -s where parking lots serve tractor/trailer traffic, the driveway entrance -xit may .e increased to 40 feet in width. (6) Exits for parking facilities o aining more than 36 parking spaces shall contain holding lanes for left-turnin2 and right-turning traffic unless the Planning Director determines that due to th- p• sical features of a site, holding lanes would be unsafe and should not r.e req ' ed. (7) All driveway entranc: must hav_ an approved NCDOT driveway permit and must be paved to DOT standar. from the edge of the existing roadway pavement to the : isting right-of-wa limit on the interior of the property. (8) Pedestrian Ci ulation (a) UnI: s deemed unnecessary by t'e Planning Director during site plan re ew, large projects, defined in (b may be encouraged to provide an if ernal pedestrian circulation system, owned and maintained by the property owner. The system may be e ouraged to provide pedestrian walkways to outparcels and also within aly large parking areas. (b) For the purposes of this subsection, a large •roject is defined as one located on 2 or more acres or proposing mar: than 15,000 square feet of building area. A large parking area is one cont.:ning parking for 50 or more vehicles. (B) Ou -ide Storage of Materials Prohibited ( All outside storage of materials on lots other than those used '.ar single-family detached residential purposes is prohibited. (2) This prohibition includes the storage of goods or materials which a - not an integral part of the use of the property and which are not obviously f. sale. (3) This prohibition does not include the storage of materials where the pri ary use of the property includes the outside display of goods for sale such as automobiles, boats, mobile homes, etc., and the materials stored outside - e for sale. Orange County, North Carolina—Unified Development Ordinance Page 6-34 Article 6: Development Standrgt¢ Section 6.6: Additional Standards for Overlay Districts C) Landscaping and Buffering In lieu of the requirements outlined in Section 6.8 of this Ordinance, the owing s ..dards shall apply: (1) .ere shall be a minimum ten feet wide vegetative bu along all rights-of-ways corn. •sed of vegetation that complements surrou . ng plantings and which includes -es planted in accordance with Sec 6.8 where possible. (a) Parcel onting on U.S. Highwa. 0 shall provide buffer plantings in accordance ith those requi -: for Buffer Yards Type A outlined within Section 6.8 of t'• Ordin- ce. (2) There shall be a minimum --t wide vegetative buffer along all common property lines separati . uses subs- t to the requirements of this overlay district and single family d= -ched residential -•. uses. The required plantings shall be in accordance - • those required for Buffe -rds Type A outlined within Section 6.8 of this • i inance. (3) Ther- all be a minimum eight feet wide landscaped •1 along all property lir -s separating non-residential uses from non-residential -s. The landscaped strip shall be comprised of vegetation that forms a semi-opaqu- •■termittent visual obstruction from the ground to a height of at least 15 feet, ex :.t in required sight triangles. Joint use agreements between adjacent prope • .wners for shared ingress/egress and/or parking may result in a waiver regarding th- exact location(s) of the required buffers. (4) Although portions of the Efland Village Overlay District are also within the Major Transportation Corridor Overlay District, the buffer requirements found in Section 6.6.45(Major Transportation Corridor) do not apply since said section applies only to properties that abut the interstate. (► Parking Lot Design 1) Up to 15% of the required parking spaces may be located in the fro ard. The remainder of the required parking spaces shall be located at the ':e or rear of the structure. (- Existing buildings that change use shall comply this requirement to the extent feasible, as determined during the • e plan submittal process. (2) Shared p- ing areas shall be encouraged for co• iguous non-residential land uses, in acco .ance with Section 6.9 of this 0 .inance. (3) Parking areas wit' paces in excess of 1 0%of the minimum parking spaces required, per Section 0.9 of this Ordin,- ce, shall not be permitted. (4) Interior landscaping of the arki ots shall be provided in accordance with Section 6.8 of this Ordinance. (E) Signage (1) Signage shall confo to the requireme• s within Section 6.12 of this Ordinance unless in conflic . ith this subsection, in w • h case the requirements of this subsection s - apply. (2) The hei.• limit of signs is 15-feet, as measured fr.• the normal ground elev. '.n below the sign. (3) e sign area of signs may be up to 64 square feet in size. (4) Digital signs shall not be permitted except as an incidental addi . to a permitted sign. (5) Portable signs and banner signs are allowed only for special events an. • ay be displayed no sooner than 30 days prior to the event and must be removed hin 7 days after conclusion of the event. Orange County, North Carolina—Unified Development Ordinance Page 6-35 Article 6: Development Standard�s Section 6.6:Additional Standards for Overlay Districfs5 (6) New single pole signs are not permitted. Single pole signs existing as • April 7, 2015 shall be considered conforming uses and may be replaced if t -y are damaged or destroyed. (F) • hitectural Design Standards In a••'tion to the requirements in Section 6.5 (Architectural Design :tandards), the followin• design standards shall apply: (1) Co gorate Franchise Architecture (a) nder no circumstances shall modern cor%orate franchise building d-.ign be permitted. (b) Franc''se or'chain' businesses desi 'ng to locate in the Efland Village Overlay District shall be required 0 design the building in accordance with these • idelines. (c) For purposes • this Sub-Se► ion, "modern corporate franchise building design" means a • ilding •-sign that is trademarked, branded, or easily identified with a pa ul. chain or corporation and is ubiquitous in nature. (2) Human Scale and Fenes ation (a) New buildings : all be design-. to contribute to a human scale. Large expanses of • ank walls shall be ••scouraged and fenestration (the arrangem: t, proportioning, and de-..n of windows and doors in a building and/or design features (such:s brick coursing changes, decor.. ive architectural features, pattern- of paint, or murals) shall sho. d be provided in such a way that a bui •ing is relatable to humans a►d does not overpower the area. (b) Additions to existing non-residential buildings sho d be designed to both complement the existing building and achieve huma scale to the extent feasible. (c) The functional use of the building should be considered wh determining design features and fenestration. Mirrored glass is discouraged and in no case shall comprise more than 56'o of the building façade. 6 6 56.6.4 Major Transportation Corridor(MTC) (A) Landscaping and Buffers In addition to the requirements set forth in Section 6.8 of this Ordinance, the following standards shall be met: (1) A minimum of 100 feet of buffer area from the edge of the interstate highway's right of way, shall be preserved. The purpose of this buffer is to protect, preserve and promote the visual appeal, character and value of land adjacent to major transportation facilities; to provide for the separation of spaces; and to promote the public health, safety and welfare through minimizing potential nuisances such as the transmission of noise, odor, dust, litter and glare of lights. (2) In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. Where there is no existing vegetation in the buffer area, or if existing vegetation does not provide a sufficient buffer, all proposed plantings must be shown on the landscape plan to fulfill the buffer requirement. The new plantings shall be predominantly evergreen and shall reach a mature size of at least 30 feet. New trees shall be located so as to establish at maturity a continuous screen in the 100 foot buffer area along the adjacent interstate highway. Orange County, North Carolina—Unified Development Ordinance Page 6-36 Article 6: Development Stand Section 6.7:Additional Standards for MPD-CZD (3) Landscaping shall be in accordance with an approved landscaping plan. (4) Any areas left in a natural state shall remain undisturbed except as folio s: (a) Within the buffer areas, necessary ingress, egress and utility service may be allowed, but no other disturbance for site improvements - all be permitted. (b) Selective clearing of vegetation may be allowed only to emove diseased trees or trees weakened by age, storm, fire or other in ry. (5 Non-residential uses within Transition Areas, as designated •y the Comprehensive Plan, may provide one break in the requir-d buffer per lot adjacent to the interstate right-of-way in order to provide :n on-site commercial .ign and/or building visibility. The break shall constitut: no more than 50%of the i erstate highway frontage. SECTION 6.7: ADDITIONAL STANDARDS FOR MPD-C-ZD 6.7.1 Master Plan (A) All applications for e MPD-CZ designation shall be •repared in accordance with Section 2.9 of this Ordinance :nd shall include a general d: elopment plan herein called the `Master Plan'. (B) The Master Plan shall be .repared by an appro•riately licensed professional and shall include the following: (1) Map of the develop -nt site, inc ding the following: (a) Overall acreage .f the s. e, (b) Adjacent rights-of- : , (c) Zoning designation :no current use of adjacent properties, including those across right:-of-w: s, (d) Streams and other environ • ental features on-site and within 1,000 feet, and (e) Any existin, structures or impro ements on-site. (2) General layout • development, includi • the following: (a) Each •-velopment lot/pod and acrea.e of each, (b) Inter'or roadway plan, with cross sectio detail also showing drainage, (c) P •posed access points, and (d) 'roposed on-site recreation and/or open spa.-. (3) Prop•sed Uses (a All uses proposed within the development shall be hown on the Master Plan. (b) For developments with more than one development lo cod, the proposed uses shall be listed for each lot/pod. (c) More than one use may be approved for each lot/pod. Howwer, the Master Plan shall include a compatibility matrix to limit conflict between adjacent uses. Orange County, North Carolina—Unified Development Ordinance Page 6-37 Article 6: Development Standard Section 6.13: Stream Buffers (4) Information signs may be placed no closer than six feet to the edge of : road or drive, and, in no case, may they be located within a street right-of-w. unless they are erected by a governmental agency. (5) Information signs may not exceed four feet in height. (6) Information signs may not contain advertising material or exceed six square feet in area. (D) Temporary Signs ( Temporary signs may be used for construction and real -state information, and future tenant identification, in accordance with the pro sions of this Section. (E) Awni is (1) e form and color of the awnings must be consi- ent. (2) A .nimum eight-foot vertical clearance must •- maintained. (3) Signs •n awnings must be painted on or scr-en printed and limited to the awning'• flap (valance) or end panels. (4) Canvas, tr:.ted canvas, matte finish vin; , and fabric awnings are permitted. (5) Plexiglas, me..l, and glossy vinyl illu nated awnings are prohibited in the Hillsborough E o D and strongly disc. raged in the Buckhorn and Eno EDDs. (F) Signage for Parks, Publi and Non-pro ; Recreational Facilities, Non-Profit; Recreational Facilities, G. f Courses; .nd Recreational Facilities, Profit Total sign area shall be limite. o 500 .quare feet for all signs permitted herein, not including Directional Signage er cteo in accordance with the provisions of this Section. (G) Basic Sign Design Schedule fo ,illsborough EDD The following design schedule as be-n approved for the Hillsborough EDD: TABLE 6.12.14.G: HILLSBOROUGH ELM SIGN DESIGN SCHEDULE MAXIMUM SYMBOL OR LETTER HEIGHTS(INCHES) GROUND OR SIZE OF DEVELOPMENT MONUMENT SIGN HEIGHT (ACRES) FASCIA LETTER BORDER MONUMENT LETTER SIGNS (FEET) SIZE SIZE (SQ. FT.) 0-4.9 24 6 18 50 6 5.0—19.9 30 9 24 100 8 Over 20 3. 12 36 150 10 (Dev. Name) Major Tenants 72 24 - - - Additional 24 6 Information 3 square feet of wall sign allowed per tenant unless building fac.de exceeds 64'wide. For Wall Signs ontages exceeding 64', 'A square foot of building frontage. No wa shall exceed 100 square feet. SECTION 6.11: STREAM BUFFERS 6.13.1 Purpose Th-• purpose of the regulations included in this Section is to protect County water reso■rces by establishing minimum buffers adjacent to streams, rivers, water bodies and other water -atures .nd limiting development and other land disturbing activities within those buffers. Orange County, North Carolina—Unified Development Ordinance Page 6-95 Article 6: Development StandInas Section 6.13: Stream Buffers .2 Applicability Th- earn buffer regulations and standards contained herein shall be applica• - o all streams and wate :.tures, as follows: (A) Streams ide • .ed by any of the following means: (1) Shown as so is - e lines or as broke, . ue lines on the USGS Quadrangle maps, (2) Shown as water featu - • the • :••e County Soil Survey, or (3) A water feat - dentified by a field deter • - ion of County staff trained in surfac- -.ter identification through the North Ca • *•a Division of Water Quality owQ). (B) . -am buffers shall extend around the perimeter of all water features if an :• ion of the stream buffer of a stream touches the water feature. Disputes pertaining to wate :.ture decisions by County staff shall be filed directly to the NCDWQ. 6.13.3 Calculating Width of Stream Buffer (A) Special Flood Hazard Areas = - e - - _ _ _ _ _ (1) Those streams identified by FEMA as having floodplains shall have stream buffers calculated from the outside edges of the 100-year floodplain. B) Calculating Slope Value Draw 250' length perpendicular lines, at 200-foot horizontal interv. . . ong the -ntire length of the outside edges of the stream, or the outer -.•e of the FEMA floo•: .in, whichever is greater. (2) Determine th- : -vation at either the stream •- or the outer edge of the FEMA floodplain, whicheve •- highest (Eleva 1), and at the point 250' from the stream or FEMA floodplain, is -ler is applicable, along the perpendicular line (Elevation 2). (3) Subtract Elevatio rom Elevation 2 for t - •.fference. (4) Divide th- % erence by 250 for the Mean. (5) ' . iply the Mean by 100 to determine the "Slope Value". Perform this calculation for both sides of the stream or floodplain. Orange County, North Carolina-Unified Development Ordinance Page 6-96 Article 6: Development Standar Section 6.21: Flood Regulations same side of the road itself or the opposite side, such that no pr''ate easement would be required to allow the property owner to .nnect and within 500 feet of the structure to be connected; (3) The structure or property to be connected is within the Wat: and Sewer anagement Planning and Boundary Agreement Prim.,, Service Area for • .nge County; (4) The N..h Carolina Department of Transporta is willing to grant an encroach •-nt into public road right-of-wa .r the purpose of connecting to the public sewer - stem, if necessary. (B) If the structure or property '• situated belo •• he elevation necessary to obtain a one- percent grade in the sewer co ection ' e, but is otherwise accessible to a public sewer as provided in (A) above, the ow - hall provide a private sewage pumping station. Design and installation of the p pi • station shall adhere to all State and local plumbing and other building codes, i addition to .•hering to all the connection requirements and standard specifications • he governing se, -r use ordinance. (C) If an existing septi 'acility is determined by the • ange County Environmental Health Department to •-ve failed (or be inadequate for the .urrent or proposed use) and the property is . cessible to a public sewer system as pro '.ed in (A), the owner shall be require. o connect to the public sewer system unless a vi:.le repair area can be iden ed on the property. If a viable repair area is identified 41, the property, the owner •.II not be required to connect to the public sewer system, but . choose to connect if so desired. ‘) There shall be no such connection requirement for any structure or prope• if an adequate septic facility is currently in use and in good.working order. • 6.21.1 Intent The intent of this overlay districtthese regulations30 is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to: (A) Restrict or prohibit uses, which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities (B) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (D) Control filling, grading, dredging, and all other development, which may increase erosion or flood damage; and (E) Prevent or regulate the construction of flood barriers, which will unnaturally divert floodwaters or which may increase flood hazards to other lands. 6.21.2 Objectives The objectives of this overlay districtthese regulations are to: 29 This new section combines existing regulations from Section(s)4.3 and 6.6.1. Existing text is shown in underlined red text to denote the move. Changes to this existing text shall be denoted in underlined or ctrikethrouzh blue text. 30 Revised language to ensure references to the'overlay district' are eliminated. Orange County, North Carolina—Unified Development Ordinance Page 6-146 Article 6: Development Standa sts Section 6.21: Flood Regulations (A) Protect human life, safety, and health; (B) Minimize expenditure of public money for costly flood control projects; (C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (D) Minimize prolonged business losses and interruptions; (E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, cable and other communication facilities, and sewer lines, streets, and bridges located in flood prone areas; (F) Minimize damage to private and public property due to flooding; (G) Make flood insurance available to the community through the National Flood Insurance Program (NFIP); (H) Maintain the natural and beneficial functions of floodplains;31 (I) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and �J) Ensure that potential homebuyers are notified that property is in a Special Flood Hazard Area. 6.21.3 Findings of Fact LA) Theflood preneSpecial Flood Hazard Areas (SFHA) are flood prone areas within the planning jurisdiction of Orange County which are subject to periodic inundation, N,vhich results in loss of life; property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood prone areas by uses vulnerable to floods or hazards to other lands, which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages. Applicability 32 B� for E tabl' hment33 vv�i�--�vrc° ri�nmcn�s ••_ _ . - - -• •_ -i . Technical State agreement between the State of North Carolina and FEMA or Flood • - - - -- - --e • ---- -- - - 1'' - ' ..e- -- --- e- ..• 99 _ _ e „ • • •-• . .• z ea ! . e- 04 2898A, 08 04 2899A, and 08 04 2900A, Letters of Map Revision 06 01 BQ22P, 06 04 C111 P, 07 04 6156R, and 08 01 1666P and Summary of Map Amendment#115 31 Subsection(s)(F), (G),and (H) have been added to address modifications to the FEMA model flood ordinance. 32 This language is currently contained in Section 4.3.4 of the UDO. After conferring with the County's Attorney Office this information is already duplicated in the revised Section 1.1.3. There is no need to repeat this information here. 33 This language is currently contained in Section 4.3.5 of the UDO. All of this information is now contained in Section 1.1.3 of this Ordinance. There is no need to repeat this information here. Orange County, North Carolina—Unified Development Ordinance Page 6-147 Article 6: Development StandarA Section 6.21: Flood Regulations - - -- -- ■,- -, ''•, ..• _• .. • ---- -- - ---- - -- -, - -- - - _ _ •-• _ -• - - -- •• -■ - . .. - - , - - ---- includes, but is not limited to:•5- - --- -- - - - - -- - - . '. - --e - this Ordinance; Preliminary FIRMs where more stringent than the effective FIRM; or Post disaster Flood Recovery Maps, if available. 6.21.4 Compliance No structure or land shall hereafter be located, extended, converted, altered, or developed, improved, or maintained in any way without full compliance with the terms of the regulations the provisions of this section and other applicable regulations. 6.21.5 Special Flood Hazard Areas (SFHA)34 (A) Provisions for Flood Hazard Reduction In all SFHAs the following additional standards shall be met: (1) All new construction and substantial improvements shall be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to minimize flood damage. (3) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages. (4) All€electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment and facilities shall be located at or above the Regulatory Flood Protection Elevation (RFPE) or designed and installed/or-located so as to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerator, etc.), hot water heaters, and electric outlets/switches. (a) Replacements that are part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions. (b) Replacements that are for maintenance and not part of a substantial improvement may be installed at the original location provided the addition and/or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 34 The Special Flood Hazard Area is referenced throughout the FEME model flood ordinance and is defined within Article 10 of the UDO as: The land in the floodplain subject to a 1%or greater chance of being flooded in any given year as determined in Section 1.1.3 of this Ordinance, as defined by the base flood elevation. The mapped special flood hazard area approximates the base flood elevation . Staff is comfortable recommending we keep the reference to flood prone areas. Orange County, North Carolina-Unified Development Ordinance Page 6-148 Article 6: Development Stanch Section 6.21: Flood Regulations (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. facilities shall not be permitted in SFHAs 35 - - - - - - (8) Fuel and Chemical Storage (a) With the exception of structures or tanks used for chemical and/or fuel storage incidental and necessary to the daily operations of a water treatment plant or wastewater treatment facility, the storage of the following chemicals and compounds shall be prohibited within SFHAs: fi) Acetone, iii) Ammonia, (iii) Benzene, • (iv) Calcium carbide (v) Carbon disulfide, (vi) Celluloid, (vii) Chlorine, (viii) Hydrochloric acid, (ix) Prussic acid, (x) Magnesium, (xi) Nitric acid, (xii) Oxides of nitrogen, (xiii) Phosphorus, (xiv) Potassium, (xv) Sodium, (xvi) Sulfur, (xvii) Acetylene gas, (xviii) Gasoline and any petroleum product, (xix) Lumber, ()o) Charcoal or coal dust, (xxi) Polychlorinated biphenyls (PCBs), ss Staff is recommending deletion of this provision. These types of facilities should not be located in areas of the County prone to flooding due to the potential impact on surrounding property owners. Further, as the County already prohibits development, in general,within a floodplain as well as the storage of various chemicals there is no reason to allow for solid/hazardous waste disposal facilities,junk/salvage yards,and chemical storage facilities within the SFHA through any process. Orange County, North Carolina—Unified Development Ordinance Page 6-149 Article 6: Development Standar Section 6.21: Flood Regulations (xxii) Poly nuclear aromatic (xxiii) Volatile organic compounds (VOCs), or (xxiv) Any priority pollutants listed in Table 1 of Section 307 of the Clean Water Act (P.L. 92-500), as amended (b) Where chemicals and fuel are necessary for the operation of water and/or wastewater treatment facilities, the storage structure or tank may be located within a SFHA overlay provided it is either elevated or flood proofed in accordance with the standards contained herein and certified in accordance with Section 2.6.4 of this Ordinance. (9) The following facilities shall be prohibited in SFHAs: (a) Hospitals, (b) Nursing homes, (c) Foster care facilities, (d) Sheriffs facilities, (e) Fire stations, (f) Emergency operations centers, (q) Solid waste disposal facilities, (h) Hazardous waste management disposal facilities, (i) Junk/salvage yards, (j) Chemical storage facilities, and (k) Vehicle and equipment storage facilities. (10) Any inhabited structure within any SFHA shall have unobstructed, dry access during a regulatory flood event. (11) Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway, non-encroachment area,or stream setback, provided there is no additional encroachment below the RFPE in the floodway, non-encroachment area, or stream setback and provided that such repair, reconstruction, or replacement meets all of the other requirements of this section and the Ordinance. S (12) When a structure is partially located in a SFHA, the entire structure shall meet the requirements for new construction and substantial improvement.' (13) New fill material within any SFHA shall be prohibited except as part of a roadway construction project consistent with the standards contained herein. 38 (14) Grading activities within any SFHA shall be prohibited except as part of a roadway construction project consistent with the standards contained herein.39 36 Language taken from the revised FEMA model flood ordinance. 3'New language taken from the new model flood ordinance. 38 Staff is recommending adding language recognizing the potential need for the use of fill material and/or grading activities in the SFHA connected to the development of a road. Please note roadway projects are required to adhere to a heightened review process as detailed herein, including review and approval of the project by State FEMA officials. 39 Staff has always relied on existing regulations prohibited development activity within,as well as requiring the preservation of a stream/floodplain buffer around,identified SFHA as a means of denoting no grading activity Orange County, North Carolina—Unified Development Ordinance Page 6-150 Article 6: Development Stand Section 6.21: Flood Regulations (15) Public utilities and facilities shall be constructed to minimize flood damage consistent with these and all other applicable County regulations. (16) In cases where development is otherwise allowed within identified SFHA's, adequate drainage shall be provided. (17) When a structure is located in a SFHA with multiple Base Flood Elevations (BFEs), the provisions for the highest BFE shall apply. (B) Specific Standards Where Base Flood Elevation (BFE) Data Provided In all SFHAs where BFE data has been provided, as set forth in Section 1.10 or 4.3, the following standards shall be met: (1) Residential Construction (a) New construction of residential structures within the SFHA shall be prohibited. (b) Substantial improvement of any existing residential structure (including manufactured homes) shall require the reference level, including basement, elevated no lower than two feet above the regulatory flood protection elevation, as defined in Article 10 of this Ordinance. (c) Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to automatically facilitate equalization of hydrostatic flood forces on exterior walls shall be provided pursuant to Section 2.6.3. (2) Non-Residential Construction .O New construction of non-residential structures within the SFHA shall be prohibited. (b) Substantial improvement of any existing commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the 'e- _ _ ___ _ _ -_ • _ elevationRFPE. (c) Structures located in the AE Zone may be flood proofed no lower than two feet above the level of the base flood elevationto the RFPE in lieu of elevation provided that all areas of the structure together with attendant utility and sanitary facilities, below the RFPE are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. (d) A North Carolina licensed Professional Engineer or Architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 2.6. (3) Manufactured Homes (a) Replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation. would be permitted. Given recent discussions with State FEMA staff, it was deemed prudent to specify a prohibition on grading activities as part of this update. Orange County, North Carolina—Unified Development Ordinance Page 6-151 Article 6: Development Standar Section 6.21: Flood Regulations (b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, or lateral movement according to the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to NCGS X143- 143.15 or a certified engineered foundation. (c) When the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, reinforced piers or other foundation elements of at least equivalent strength shall support the chassis. (d) When the elevation of the chassis is above 36 inches in height, an engineering certification is required. (e) All foundation enclosures or skirting below the lowest floor shall comply with the standards in Section 2.6.4. (f) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management coordinator. (4) Road and Driveway.Crossings La) Any public road, private road, or driveway crossing a SFHA shall require a `No-Impact' certification approval from the North Carolina Emergency Management Division before any building'permits can be issued for new construction which derive their vehicular access from such public roads, private roads, or driveways. (b) If the"No- Impact" certification data demonstrate that the Base Flood Elevation will rise more than one vertical foot, then the developer shall file a Conditional Letter of Map Revision with the North Carolina Division of Emergency Management for review and approval. Before any building permit can be issued for the improvements associated with the crossing, an approved Letter of Map Revision shall be on file in the Planning and Inspections Department. (5) Recreational Vehicles Recreation vehicles placed on sites within a SFHA shall be consistent with either of the following: (a) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or (b) Meet all the requirements for new construction, including anchoring and elevation requirements of Section 2.6 and Section 6.6.1(B)(3) of this Ordinance. (6) Fully Enclosed Areas Below Regulatory Flood Protection Elevation (RFPE) (a) With the new construction or 40substantial improvement of elevated buildings, fully enclosed areas that are below the neg-41atorry-Mood RFPE shall not be used for human habitation, but shall be designated for use only as follows: 4°This language is inconsistent with our current policy prohibiting new construction/development within the SFHA. As a result staff is recommending deletion of same. Orange County, North Carolina—Unified Development Ordinance Page 6-152 Article 6: Development Stand Section 6.21: Flood Regulations (i) For parking of vehicles, (ii) Building access, or (iii) Limited storage of maintenance equipment used in connection with the premises. (b) Such spaces shall be constructed entirely of flood resistant materials below the regulatory flood protection level in the AE zone and meet the following criteria: (i) Shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must either be certified by a North Carolina licensed Professional Engineer or Architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding: b. The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding c. If a building has more than one enclosed area, each area must have openings on exterior walls to allow floodwaters to directly enter and exit; d. The bottom of all required openings shall be no higher • than one foot above the adjacent grade; e. Openings may be equipped with screens, louvers, or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions; and • f. Foundation enclosures made of flexible vinyl or sheet metal skirting are not considered enclosures for regulatory and flood insurance rating purposes, and therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with this Ordinance. (ii) The enclosed areas shall be used solely for parking of vehicles, building access, or storage. (iii) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). (iv) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. Orange County, North Carolina—Unified Development Ordinance Page 6-153 Article 6: Development Standards Section 6.21: Flood Regulatid'W (v) Property owners shall be required to execute and record a non- conversion agreement prior to issuance of a building permit declaring that the area below the lowest floor shall not be improved, finished, or otherwise converted to habitable space. Orange County shall have the right to inspect the enclosed area on an annual basis to confirm compliance with this agreement. This agreement shall be recorded within the Orange County Registrar of Deeds and shall transfer with the property in perpetuity.'" a. If a property bound by a non-conversion agreement is modified to remove the enclosed areas below the RFPE, the owner may request release from the agreement after staff inspection and submittal of confirming documentation. (7) Temporary Non-Residential Structures Prior to the issuance of a floodplain development permit for a temporary structure, the applicant shall submit in writing for the review and approval of the Floodplain Administrator, a plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan shall include the following information: (a) A specified time period for which the temporary use will be permitted. Time specified may not exceed three months.; (b) The name, address, and phone number of the individual responsible for the removal of the temporary structure; (c) The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); (d) A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and (e) Designation, accompanied by documentation, of a location outside the SFHA to which the temporary structure will be moved. When accessory structures (sheds, detached garages, etc.) are to be placed within a SFHA, the following criteria shall be met: {a) Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas); (b) Accessory structures shall be designed to have low flood damage potential; (c) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; (d) Accessory structures shall be firmly anchored in accordance with this Section; 41 This is new, optional, language referenced within the FEMA model flood ordinance staff is recommending for adoption. Implementation of this provision will result in additional credits for Orange County through the Community Rating System (CRS) program, which helps to reduce flood insurance premiums for local residents through the enforcement of flood damage prevention policies and regulations. Our continued efforts over the years have resulted in a 20%reduction in flood insurance premiums for local policy holders. Orange County, North Carolina—Unified Development Ordinance Page 6-154 Article 6: Development Stands Section 6.21: Flood Regulations (e) All service facilities such as electrical and h ting equipment, shall be installed in accordance with this Section; (f) Openings to relieve hydrostatic pressure during a flood shall be provided conforming to the requirements of this Section; (g) An accessory structure with any dimension that is 12 feet or lee's in certificate. Elevation or flood proofing certifications are required for all other accessory structures according to Section 2.6.1; and (h) The accessory structure shall meet all zoning and building code requirements-42 (8) Additions/Improvements (a) Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition need comply with the standards for new construction. (b) Pre-FIRM Structures (i) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are not • considered a substantial improvement, as defined, and do not require a zoning or building permit, the addition and/or improvements shall be designed to minimize flood damages and _ shall not be anymore non-conforming than the existina structure. • • (ii) _ For additions and/or improvements, in combination with any interior modifications to the existing structure, that are considered a substantial improvement as defined, requiring a zoning or building permit, both the existing structure and the addition and/or improvements shall comply with the standards for new construction. (c) Post-FIRM Structures (i) Additions to post-FIRM structures with no modifications to the existing structure shall require only the addition to comply with the standards for new construction. (ii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are not considered a substantial improvement, the addition and/or improvements only must comply with the standards for new construction. (iii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are considered a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. (d) 43Any combination of repair, reconstruction, rehabilitation. addition or improvement of a building or structure taking place during a five year 42 Staff is recommending deleting existing language governing accessory structures. As we do not allow new development within the Special Flood Hazard Area it makes no sense to have a section implying an accessory structure could be erected within the area in the first place. 43 This provision is optional, but will be required for flood insurance policy holders to be eligible for Increased Cost of Compliance(ICC) benefits for repetitive losses. From staff's perspective the addition of this standard is essential Orange County, North Carolina—Unified Development Ordinance Page 6-155 Article 6: Development Standars9 Section 6.21: Flood Regulations period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure, the 5 year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this ordinance. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either: (i) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assume safe living conditions. (ii) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. (C) Floodway and Non-encroachment Areas (1) Areas designated as floodways or non-encroachment areas are located within the SFHA established in Section 4.31.1.3 of this Ordinance. (2) The floodways and non-encroachment areas are extremely hazardous areas due. to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. (3) The following provisions shall apply to all development within such areas: (a) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses, performed according to standard engineering practice, that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Floodplain Administrator before issuance of floodplain development permit. (b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR), then a Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment. (c) No manufactured homes shall be permitted. (D) Subdivisions, Manufactured Home Parks, and Major Developments All subdivisions, manufactured home parks, and major development proposals located within SFHAs shall: (1) Be consistent with the need to minimize flood damage. (2) Have public utilities and facilities such as sewer, gas, electric, cable, and water systems located and constructed to minimize flood damage. (3) Have adequate drainage provided to reduce exposure to flood hazards. to ensure local property owners within flood insurance are continuing to be eligible for applicable benefits under their flood policies. Orange County, North Carolina—Unified Development Ordinance Page 6-156 Article 6: Development Stand Section 6.21: Flood Regulations (4) Have provided all Base Flood Elevation (BFE) data : e•.e-: _-.- __ •- _--_ - -- -e e - e -- - . --- ' -- - - adopted by reference per Section 4.31.1.3 of this Ordinance.44 - - , • . accordance with the Table of Permitted Uses, if all of the following conditions arc met The use serves a critical need in the Orange County. No feasible location exists for the use outside the SFHA. The reference level e _ __ - - - -•- -e _ ___ _ __ __ _ - _ -_ , •- "T• _• •_ - - fact base: - • - - ••_• - - - ,e .--• - 's compliance with these (E) Effect Upon Outstanding Floodplain Development Permits Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development_permit has been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to passage of this Ordinance or any revision thereto, construction or use shall be in conformity with the provisions of this Ordinance. (F) Enforcement The provisions of the SFHA Overta ict shall be enforced in accordance with the requirements contained within Section 9.7 of this Ordinance. as Staff is recommending we eliminate the identified unnecessary and conflicting language. All flood areas(i.e. SFHA)are required to be left undisturbed and protected by open space areas(i.e. primary open space in a subdivision). Further we require all applicable data for a project located on a property encumbered by SFHA. As a result providing some exemption from the requirement based on acreage/number of units is inconsistent with established regulations. 45 This section is recommended for deletion given staff's recommendation to prohibit development of solid/hazardous waste management facilities, salvage/junk yards, and chemical storage facilities within a SFHA. From our standpoint allowing for same is inconsistent with the overall purpose and intent of the County's floodplain management program. Orange County, North Carolina—Unified Development Ordinance Page 6-157 Article 7: Subdivisions Section 7.11: Recreational Facilitgs (B) If the Board of Education has not purchased the site or begun proceedings to demn - site within 18 months if site reservation, the subdivider may treat the I-•• as freed of the r-.ervation. SECTION 7.11: RECREATIONAL FACILITIES 7.11.1 Applicability (A) Every person, firm or corpo ..tion who subdiv•-s land for residential and/or non- residential purposes shall be reb ired to • -dicate a portion of such land for the purpose of public recreation/open space, in • ng the preservation of natural and cultural resources, to serve the leisure --ds o e residents of the subdivision and the residents of the immediate neighborh••d within whic' e subdivision is located. (See Article 10 for d- ition of"immediate neighb• ood". The Planning Department keeps a map sh•.ving the location of recreation servic-- -rea boundaries) (B) In all cas-:, the Recreation and Parks Advisory Council sha eview and make reco • endations to the Planning Board and Board of County .• missioners on the *vision or dedication of recreation and/or open space areas. ( This public Recreational Facilities requirement is in addition to any require --nts for privately held passive or active Common Open Space areas. 7.11.2 Area Requirements (A) At least 1/57 of an acre shall be dedicated for each dwelling unit planned or provided for in the subdivision plan, except where land is located within +n-#f 'a Special Flood Hazard Area Overlay District and/or is characterized by steep slopes(15% or greater), then at least 1/20 of an acre of such land shall be dedicated for each dwelling unit. (: If the application of the provisions of Article 3 (Required Minimum Recreation pace Ratio, as shown on the table of each zoning district) and Section 6.3 (Land -se Intensity stem) of this Ordinance results in a greater amount of land, then the • erence be -en the application of the standards above and those of the refe •.nced Articles shall be est-•fished as private recreation for the use of the residents of e development. (C) The total la • area dedicated as part of a nonresidential sub.'vision shall be determined by an analysis . the site, the use(s) to be located thereon -nd the designation of recreation and/or •.en space sites as shown on the ad••ted Comprehensive Plan. (1) The site analy • shall be prepared by the : bdivider and shall identify in written and graphic form •ose areas characte • ed by: (a) Steep slopes % or gre- -r), (b) Special flood hazar• , eas and wetlands, (c) Rock outcroppin; , (d) Mature woo. .nds (trees of : inches or greater in diameter), (e) Existin• tructures and cemeterie , -nd (f) La. -s, ponds, rivers and other water re •urces. (2) A writ - and graphic description shall also be subm. ed by the subdivider which ide• ifies: a) The proposed use of each lot in the subdivision, (b) The approximate amount of building and parking covera•: for each lot, and (c) The approximate number of employees associated with each use. Orange County, North Carolina—Unified Development Ordinance Page 7-29 Article 7: Subdiviss Section 7.13: Specifications for Plat Drawings (B) A precise description of the extent to which the proposed modifications depart from t -- standard requirements of the applicable zoning district and the reasons for such departures. The location, type, and area of the Common Open Space, as well as the amou and function of the Common Open Space in terms of densities and dwelling types •roposed. (D) Written site analysis accompanied by an illustrative site map, which identifies the following: ) Slopes 7%- 15%, (2) Slopes 15% and greater, (3) Existing vegetation, (4) ,ignificant stands of trees, (5) Si. ificant examples of a particular species of tree • curring in a native stand and • •ecimen trees, (6) Draina.- and waterways, (7) Special flied hazard areas, (8) Significant r• k outcroppings, (9) Significant sce .c vistas, (10) Soils with limitati• s for on-site wast: ater systems and building development, (11) The manner in whic• the plan ma -s adequate provision for water and wastewater treatment, and (12) The relationship of the p :n to he physical environment, the neighborhood in which it is proposed to be : ablished, and the intent of the provisions providing for the establishment of a • ster subdivision. SECTION 7.13: SPECIFICATIONS FOR PLAT DRAWINGS The requirements of this Section shall apply •• the format • drawings. 7.13.1 Minor Subdivisions (A) Concept Plan The required Conc:it Plan for Minor Subdivisions .insists of: (1) A scale. copy of a current Orange County GI Map for the property denoting its curren orientation and layout. This map may b- obtained from the Planning Dep. ment for a fee in accordance with the ado• ed fee schedule and shall co ain at a minimum the following information: :) Contour lines, (b) Soils, (c) Water features, and (d) Any known easements. (2) A scaled drawing in black ink or pencil detailing the proposed di ision of property including, but not limited to, the following: (a) The scale of the drawing, (b) A north arrow, (c) The date of preparation, Orange County, North Carolina—Unified Development Ordinance Page 7-58 Article 7: Subdivisio s Section 7.13: Specifications for Plat Drawinfs (i) Public or private community water supply system (ii) Public or private community sewage dispo : systems, and (iii) Storm drainage facilities, includin• -•fisting and proposed • ageways and channels. (b) Any easements a-=•ciated wi • uch utility systems shall also be denoted and the purp• - d the easements designated on the plat. (7) Landscaping and Buffer .ata The following info •--tion shall be denoted on •- Preliminary Plat to demonstrate . pliance with the provisions of Sec ', 6.8 of this Ordinance: (a) xisting trees and/or vegetation to be preserved a •roposed trees and/or landscape materials to be installed. (b) Required buffers. (8) Special Flood Hazard Area (SFHA) Standards (a) The boundary of the Special Flood Hazard Ar a SFHA zoning overlay district shall be designated and labeled on the plat as required by this Ordinance. (b) For subdivisions located within a Watershed Protection Overlay District, as identified on the Orange County Zoning Atlas, the following information shall be designated and labeled on the plat: (i) Impervious surface data as required by Section 4.2 of this Ordinance; (ii) Stream buffers as required by Section 6.13 of this Ordinance; and (iii) Stormwater detention and/or retention sites and undisturbed areas for infiltration purposes as required by the Section 6.14 of this Ordinance. 7.13. Final Plat Specifications (A) Plat Preparation ( The Final Plat shall be drawn in accordance with the require - is of G.S. 47-30 as amended and to the specifications of this Section. The . at shall be prepared •• a Professional Land Surveyor at a scale of not less an 100 feet to the inch nor •re than 20 feet to the inch. (2) All Final ' : s shall be prepared in accorda ►- with the Manual of Practice for Land Surveyin. in North Carolina as pre:.red by the North Carolina State Board of Registration for ' ofessional Engi.-ers and Land Surveyors. (B) Title Block A title block shall be placed on t - pl. , which shall contain the following information: (1) The name of the s .division, prece.-d by the words"Final Plat of ", which shall not duplic- - nor closely approximate, phonetically or in spelli •, the name of any other subdi .,ion in Orange County, and, where the pla - hand is only part of a larger subdivi .•n bearing the same name, the un' •r section number of other necessary identific- 'on; (2) The graphic scale in feet per inch in words or figures an. •ar graph; a north arrow accurately positioned and designated as magnetic no 4, true north, North Carolina State Plane Coordinate Grid System North or north re - enced to a recorded instrument with the recording reference shown; the date o sates the survey was conducted; and any other pertinent legend data; Orange County, North Carolina—Unified Development Ordinance Page 7-65 Article 7: Subdivisis Section 7.13: Specifications for Plat Drawings (c) The location and purpose of all new easements for utility sys - s shall be shown on the Final Plat, including, but not limited to,: (i) Sanitary sewers, Septic tanks and nitrification fields, (iii) Storm sewer lines, (iv) W- -r mains, (v) Gas, tra• mission mains, (vi) Overhead el- tric, tel and CATV transmission mains, and (vii) Any other above 0. below ground utility systems which are contained wit a de '•Hated easement. (d) It is understood t :t utility distribu ••n systems to individual lots for gas, electric, telep .ne, and TV cable se • e are customarily covered by "blanket e-:-ments" or"general easeme• s". If these easements have been re •rded, the recording data shall be •own on the plat. ()the', ise, these easements need not be deno :d on the plat. (4) Landsc. sing and Buffer Data Bu -rs widths and locations as required by Section 6.8 of this Or.. ance shall be own on the Final Plat and specified in a separate document to be :corded concurrently with the Final Plat. The Deed Book and Page reference s : I be noted on the Final Plat. (5) Special Flood Hazard Area (SFHA) Standards (a) . The boundary of the -e--.- ___ -- - _ • -- _ _ _ .- SFHA shall be designated and labeled on the plat as required by this Ordinance. (b) For subdivisions located within a water supply watershed of regional and/or local importance, the following information shall be shown on the Final Plat: (i) The maximum impervious surface data as required by Section 4.2 of this Ordinance shall be shown for each lot. (ii) Stream buffers as required by Section 6.13 of this Ordinance shall be delineated with widths noted on the Final Plat. (iii) Development restrictions within the stream buffer shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (iv) Storm water detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section 4.2 and 6.13 of this Ordinance shall be delineated and labeled on the Final Plat. (v) Any restrictions or requirements associated with the detention/retention sites shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (6) • • - • .ce and Natural and Cultural Resource Areas (a) Any areas identi ie• • -- " . ento • -- la ural Areas and Wildlife Habitats of Oran.- e. l orth ars • _•- be shown on the Final P - Orange County, North Carolina—Unified Development Ordinance Page 7-68 Article 9: Enforceme Section 9.7:Additional Procedures—Special Flood Hazard Area Overlay Dist Mr by regular mail. Service shall be deemed sufficient if the notice by certified mail i unclaimed or refused, but the notice by regular mail is not returned by the post ice within ten days after mailing, provided that a notice of civil penalty citation is ..sted in a conspicuous place on the premises affected. The notice shall include a co. of the otice of violation, the amount of the penalty, information about where to .ay the penalty, t - deadline for payment, which shall be ten days from the date of the .tice, and the po .ibility of civil and/or criminal enforcement. (C) Penal Amount The Plan•ing Director may impose a penalty of$500.00 per da, of violation. (1) For •urposes of assessing the amount of a civil pen, ty, each day the violation remai's uncorrected after receipt of the final notic- of violation, correction order, Stop . k Order, or the receipt of the Civil Pen- y Citation itself in the case of emergen enforcement, shall constitute a se.-rate violation that subjects the violator to a'ditional civil penalties. (D) Settlement of Claims The Planning Director is . thorized to determi'e the amount of payment that will be accepted in full and final se lement of some .r all of the claims the governing body may have in connection with the violation. The alarming Director shall indicate in writing the claims from which the violator H releaseg. If the violation has not been remedied, payment shall not release a viola .r fr. potential criminal prosecution or a claim for injunctive relief and/or an order of -.:tement. (E) Continuing Violations (1) The Planning Director ay issue . Civil Penalty Citation for a violation that continues without bo. g corrected. The violator in such cases may be assessed a penalty for each :ay of the continu g violation. (2) An initial Civil P-nalty Citation for a sin. violation must be issued before a Civil Penalty Citat'.n for a continuing violation issued. (3) If the viol.•.r has failed to pay the penalty a . correct the violation after the initial Civil Pe -Ity Citation, the violator is subject to :• Civil Penalty Citation for a contin.ing violation with a daily penalty. (4) An ' itial Civil Penalty Citation is not required if the 3epartment has previously i .ued a Civil Penalty Citation to the violator for the s: e violation at the same ocation within the previous two years. (5) The Planning Director may give a single notice of a Civil '-nalty Citation for a continuing violation. The notice must contain a copy of the .tire of violation and must state that the violation is continuing, that a daily penalty .f a specified amount is being imposed, and that the penalty is cumulative. (F) Judicial Action to Collect Civil Penalty A civil action in the nature of a debt may be filed in any court of competent jur diction to collect an unpaid civil penalty imposed herein. SECTION 9.7: ADDITIONAL PROCEDURES - SPECIAL FLOOD HAZARD AREA 9.7.1 Actions in Event of Violation (A) Identified violations of the Special Flood Hazard Area Overlay District shall be sent a Notice of Violation. The Notice shall detail the nature of the violation and schedule a hearing with the Floodplain Administrator to review the situation. (B) This hearing shall be held before the Floodplain Administrator at a designated place and time, not later than ten business days after the date of the Notice, at which time the Orange County, North Carolina—Unified Development Ordinance Page 9-7 Article 9: EnforcenAut Section 9.8: Soil Erosion and Sedimentation Control owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter. (C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, or demolish the structure; or to remove fill as appears appropriate. • .2 Order to Take Corrective Action (A upon a hearing held pursuant to the notice prescribed above, the Flo..: -in Admi -tor shall find that the structure or development is in . ion of this Ordinance, he or she sha _.- an order in writing to the owner -• firing the owner to remedy the violation within a speci i-. '• e period, not I-._ an 60 days. (B) Where the Floodplain Admini - • in.- •at there is imminent danger to life or other property, he or she 1- • •rder that corrective ac '.• •e taken in such lesser period as may be fea (C) e absence of an appeal (see Section 2.27.7), the order of the Floo•. -'. Administrator shall be final. 9.7.3 Failure to Comply with Order If the owner of a building or e e e-- . e -e e . • -• e• to take corrective actie which al h� hog - - - - • • • -• - - -- ee • - _ eedy following an app al, he or chd chc ty-of-a Cla"s 3 misdemeanor and shall-be- uni-shed he discretion of the ourt-.If the owner of a building or property fails to comply with an order to take • ' corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant • to NC G.S. § 143-215.58 and shall be punished at the discretion of the court SECTION 9.8: SOIL EROSION AND SEDIMENTATION CONTROL 9.8.1 pections and Investigations (A) Site Inspections Ag- ts, officials, or other qualified persons authorized by the County fill periodically inspe and-disturbing activities to ensure: (1) Co •',Hance with the North Carolina Sedimentation P. lution Control Act of 1973 ("Act" i• this Section), this Ordinance, or rules or . ders adopted or issued pursuant e this Ordinance; (2) The measures -quired in the plan are e•-ctive in controlling erosion and sediment resulting om land-disturbir. activity. Notice of the right to inspect sh- be inc •ded in the letter of approval of each Erosion Control Plan. (B) Authority to Enter Property a. • Con. . t Investigations and Inspections (1) No person shall w ully resist, delay, e obstruct an authorized representative, employee, or -e-nt of Orange County, ••le that person is inspecting or attempting . inspect a land-disturbing activ under this section. (2) The E sion Control Officer shall have the powe _. conduct such investigations as •-emed reasonably necessary to carry out the d 'es as prescribed in this .rdinance, and for this purpose to enter at reasonable '• es upon any property, public or private, for the purpose of investigating and inspe 'ng the sites of any land-disturbing activities. (3) No person shall refuse entry or access to any authorized represent- 've or agent of the County who requests entry for purposes of inspection, and who • -sents appropriate credentials, nor shall any person obstruct, hamper or interfere ith any such representative while in the process of carrying out their official dutie- Orange County, North Carolina—Unified Development Ordinance Page 9-8 267 ARTICLE 10: DEFINITIONS SECTION 10.1: DEFINITIONS •r the purpose of this Ordinance, certain terms and words are herein defined and interpreted .s follows: AASHTO American Association o .te Highway and Transportation Officials. Accessory Structure A structure that is located on the same lot a : srin ' structure and houses an accessory use. Accessory Use An activity that may or may not b- ' ed in the Permitted Use .: - which is conducted in conjunction with a permitted principal u -, sut constitutes only an incidental or ins antial part of the total activity that takes place on th- • and is customary and ancillary to the establishes s cipal use of property. Accessory uses -- I comply with all setback requirements for the district in which -- use is located. For example, .• ' -ground swimming pool is required to meet all applicable setbacks inclusi : .ny required fends. around the physical pool, the concrete walkway around the pool, and any pump or uti i sociated with the operation of the facility. Addition In the context of an existing building or structure, the term means an extension or increase in the floor area or height. dult Arcade An 'lace to which the public is permitted or invited wherein coin-operated or slug-operated or electro•'cally, electrically, or mechanically controlled still or motion picture machines, project. s, or other image-pros cing devices are maintained to show images to five or fewer persons per ma ine at any one time, and wh- - the images so displayed are distinguished or characterized by the de.' ting or describing of Specified Sex -I Activities or Specified Anatomical Areas. Adult Bookstore A bookstore: (a) Which receives a -'ority of its gross income during any = endar month from the sale or rental of publications • luding books, magazines, of - periodicals, videotapes, compact discs, other photographic, -lectronic, magnetic, di.. .I, or other imaging medium)which are distinguished or characterizes sy their emphasi •in matter depicting, describing, or relating to Specified Sexual Activities or secified A . omical Areas, as defined in this article; or (b) Having as a preponderance (either i -rr of the weight and importance of the material or in terms of greater volume of materials) . publications (including books, magazines, other periodicals, videotapes, compact s':cs, oth- shotographic, electronic, magnetic, digital, or other imaging medium)which . - distinguishes •r characterized by their emphasis on matter depicting, describing, or rel. ' g to Specified Sexu. Activities or Specified Anatomical Areas. Adult Cabaret A nightclub, bar, restaurant, th--ter, concert hall, auditorium or similar co ercial establishment that for at least ten percent of its b :iness hours in any day features: (a) Persons o expose a Specified Anatomical Area; or (b) Live -rformances that are characterized by the exposure of Specified Anat. ical Areas or b pecified Sexual Activities; or ( Films, motion pictures, video cassettes, slides, or other photographic reproductions •at are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas; or Article 10: Definitifflp Section 10.1: Definitions •ricultural Services Co ercial activities offering goods and services which support production of agricul .ral products or proces ' g of those products to make them marketable. Examples include, but ar: ot limited to, soil preparatio , animal and farm management, landscaping and horticultural servi -s, specialized commercial h.•iculture, specialized animal husbandry, biocide services, ret sales of farm/garden products, supplie .nd equipment, equipment rental and repair service, t- shop, farrier, blacksmith, welding shops, facili s for animal shows, animal sales and auctions, .griculture-based clubs/meeting halls, storage of agricul b al supplies and products, and processin• slants for agricultural products including wineries and canna ies. Agricultural Water Uses The use of waters for stock watering, i .•ation and o 'er farm purposes. Agritourism A business directly related or incidental to ..ricul . al activities occurring on the bona fide farm on which it is located and conducted for the enjo ent or educ: ion of the public. Airport (Heliport: S.T.O.L 'ort), Air Carrier A public airport served by a c- 'ified air carrier. This includes a runways, land areas or other facilities designed or used for landi►•, taking off, processing passengers or -rgo. Airport, Comm . er Service (Heliport: S.T.O.L. Port) A public airport ot served by a certified air carrier, but is served by one or mo - commuter airlines which enplaned 250. or more passengers in the preceding calendar year. Airp• t, General Aviation (Heliport: S.T.O.L. Port) A • slic airport serving aviation other than airlines. This includes any runway, land area, or • er facility •esigned or used for the landing and taking off of small aircraft. Alteration of a watercourse Means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.46 Ancho '• • The fastening o obile home to its mobile home stand in order to prevent upset • :.mage due to wind, erosion, flooding, . - er natural forces. Appeal A request from a review of an administrative in = :-".tion of any provision of this Ordinance by the Board of Adjustment. Applicator Any per ••, rm, corporation, wholesaler, retailer, distributor, any local, state or fe•= - •overnmental - cy, or any other person who applies fertilizer to the land of a consumer, or client, or to :s. they own, or to land they lease or otherwise hold rights. Area of Shallow Flooding A designated Zone AO on a community's Flood Insurance Rate Map (FIRM)with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel 46 Adding a new definition to ensure consistency with the 2017 model flood damage prevention ordinance prepared by FEMA. Orange County, North Carolina—Unified Development Ordinance Page 10-3 Article 10: Definitions Section 10.1: Definitit does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.47 Area of special flood hazard See"Special Flood Hazard Area (SFHA)Overlay District" Area of Future-Conditions Flood Hazard The land area that would be inundated by the 1-percent-annual-chance (100-year) flood based on future- conditions#yd-r-eloyhydrology.48 embly/Packaging Operation Assem• -nd packaging of merchandise for distribution by mail or carrier. Auditorium A place of assembly to wa _nd/or to hear athletic events, musical .-•• mances, dramatic or dance performances, speeches and/or c- -monies. The term is inten.-. o include such uses as stadiums, coliseums, athletic centers, theaters an. = enas. Bed and Breakfast Inn See"Rural Guest Establishmen ." Base flood The floo. -_ving a 1% chance of being equaled or exceeded in any given year. 's often referred to as .- 00-year flood. Base flood elevation (BFE) A determination of the water surface elevations of the base flood as published in the Flood Insurance Study e •- . - _ __- - - _• _ •- __ - e ed. When the BFE has not been provided in a "Special flood Hazard Area" ( ee definition` it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the "Freeboard" (see definition) establishes the "Regulatory Flood Protection"(see definition) elevation. Basement An -rea of the building having its floor sub grade (below ground level) on all sides. Best Maria. - ent Practices (BMPs) A structural or non-s . ural management-based practice used singularly • combination to reduce non-point source pollution -ceiving waters in order to achieve wat- suality protection goals. (See also, Detention Pond and Engin-- -d Stormwater Controls) (U. -ss otherwise specified, "BMP", when used in this Ordinance, refers to struc - BMPs.) Biosolids Solid, semi-solid, or liquid residue(sew-*- sludge) gene _ -d during primary, secondary or advanced wastewater treatment processes • •omestic sewage that is tre- -d to state and/or federal standards for beneficial use (such as Ian. ,.plication as fertilizer). Buffer A screen..: .evice used to moderate the adverse impacts of one land use upon anothe . :uffers may incl -- walls, hedges, landscaped areas, berms, additional setbacks, or combinations of the -..ve. 4'Adding a new definition to ensure consistency with the 2017 model flood damage prevention ordinance prepared by FEMA 48 The 2017 revised model flood ordinance identifies this definition as being options for adoption by local communities. Staff is recommending we incorporate same into the UDO. Orange County, North Carolina—Unified Development Ordinance Page 10-4 Article 10: Definitippp Section 10.1: Definitions ountry Store An -nclosed market not exceeding 1500 square feet in size for the retail sales of a variety of mer andise, which must include locally produced products. For the purpose of this definit .n, "local" means *range County and counties that share a border with Orange County. County Orange Cou Government. Custodial Ca A form of care that i primarily for the purpose of assisting a person in the a. ivities of daily living or in meeting personal rather than medical needs, which is not intended to prove specific therapy as the result of an illness or ink.ry and does not constitute skilled care. The ter' shall refer to personal care that does not require the conti'uing attention or supervision of trained, mer cal, or paramedical personnel. Cutoff Fixture An outdoor lighting fixture shiel.:d or constructed in such a mar er that no more 2.5% of the total light emitted by the fixture is projected :save the horizontal plane . the fixture. Day Care Any child care arrangement under which . child less th..n 13 years of age receives care away from his own home by persons other than his pare , grandp.rents, aunts, uncles, brothers and sisters who are not minors, guardians or full time custodians. Day Care Facility Any day care center or child care arrangeme• that .rovides day care for more than five children, not including the operator's school age childre , under the age of 13, on a regular basis of at least once per week for more than four hours but less t :n 24 hours p:r day, and those operating fewer than four hours per day that provide care for more chili en per adult care giver than would be permitted in an AA State licensed center, regardless of the ti - of day and regardle . of whether the same children attend regularly. The following facilities are not in ded: a) Public schools; b) Non-public schools ether or not accredited by the State L'epartment of Public Instruction, which regularly an. exclusively provide a course of grade sc' .ol instruction to children who are of public school age, c) Summer camps having children in full-time residence; d) Bible school conducted for no more than three weeks during vaca on periods; and e) Cooperativ- arrangements among parents who care only for their o , children in an arrangement as a mat -r of convenience rather than to enable any participating pare,t to be employed. Day Care 'ome, Large A Day Car- Facility located on a public state-maintained road, which provides day ca : for more than five but fewe'than 16 children, within a residence. Des cation A 2 ift, by the owner, of land for a specified purpose, or purposes. Because a transfer of prope, is -ntailed, dedication must be made by written instrument and is completed with an acceptance. Design Flood See"Regulatory Flood Protection Elevation." Designated Public Sewer Service Area An area located within Orange County's Primary Service Area in the Water and Sewer Management, Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served by public sewer in the near-term (e.g., 18 months; demonstrated by issuance of an advertisement for bid, or similar device, for construction of public sewer facilities). Orange County, North Carolina—Unified Development Ordinance Page 10-9 Article 10: Definitions Section 10.1: Definitis V - tion Pond A enginee -: tormwater control consisting of a pond constructed and maintained in accor•- - e with Appendix A of this ; ••nance, which allows for pollutants to settle and provides for •- gradual release of the impounded water. The .; -ntion pond is the Best Management Practi - ich must be used within protected watersheds when engine- -. stormwater controls are re. . -d. (See also, Best Management Practices and Engineered Stormwater Con . Development Any constructed change to impr. --. or unimproved real estate, inclu..- but not limited to, buildings or other structures, mining e—.ging, filling, grading, paving, excavation or drilling z•-rations, or storage of equipment or - - als. Also includes any land-disturbing activity which adds to or c - ---s the amount of impel' is or partially impervious cover on a land area or which otherwise decreases the in - ion of • - ipitation into the soil. Development Activity In the context of property encumbered by Special Flood Hazard Area this term includes any activity defined as Development which will necessitate a Floodplain Development Permit. This includes buildings, structures, and non-structural items, including but not limited to: fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures. D- elopment, Existing In the •ntext of Stormwater provisions of this Ordinance for projects that do not require a State .- mit, shall be de .■ed as those projects that are built, or those projects that at a minimum have e :.fished a vested right un•-r North Carolina zoning law as of the effective date of Orange Count ater Supply Watershed Protec i.• Ordinance, or such earlier time that other Orange County • . nances shall specify, based on at least one o e following criteria: a) Substantial expen. . es of resources (time, labor, money) ba -. on a good faith reliance upon having received a valid o ange County approval to proce-. with the project, or b) Having an outstanding buil. ': permit in complianc- ,vith G.S. 153A-344.1 or G.S. 160A-385.1, or c) Having an approved site specific or ••-s •evelopment plan in compliance with G.S. 153A- 344.1 or G.S. 160A-385.1. For projects that require a State per , uch as landfi NPDES wastewater discharges, land application of residuals, and road constructs.• activities, existing deve .•ment shall be defined as those projects that are built or those projects f. hich a State permit was issued • ••r to August 3, 1992. Developme ntensity Definitions (See Non- - idential Land Area, Non-residential Floor Area, Residential Floo rea, Floor Area Ratio, Ope :pace, Open Space Ratio, Livability Space, Livability Space Ratio, Recrea Space, Recreation 'ace Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.) Digital Flood Insurance Rate Map (DFIRM) The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. - Light Light emit -• , ectly from the lamp, off of the reflector diffuser, or through the refractor or •. -r lens, of a luminaire. Discharge The addition of any human-induced effluent ei =. -c y or indirectly to state surface waters. Discharge, Domestic ► - ewater Sewage, unproc- _-• industrial wastewater, other domestic wastewater, • _' combination of these items. I•--- is wastewater includes, but is not limited to, liquid waste generated :' ,gmestic water g fixtures and appliances, from any residence, place of business, or place public ass- bly, even if Orange County, North Carolina—Unified Development Ordinance Page 10-10 Article 10: Definitis Section 10.1: Definitions it co z.4 no sewage. Examples of domestic wastewater include once-through non-contact cooli water, seafo.. •.cking facility discharges, and wastewater from restaurants. Discharge, Industrial The discharge of industrial process tre. -, wastewater or w.- -1 ater other than sewage. Stormwater shall not be considered to be an industrial was . - on ess it is contaminated with industrial wastewater. Industrial discharge includes: a) Wastewater resulting fro.. . process of industry or .• acture, or from the development of any natural res. -- b) Waste, - - resulting from processes of trade or business, including w. - ater from .ndromats and car washes, but not wastewater from restaurants; or c) Wastewater discharged from a municipal wastewater treatment plant requiring a pretre. -nt program. Disposal, Solid-Waste The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwater. isposal, Waste T' - use of waters for disposal of sewage, industrial waste or other waste after approved treatme . Ditch A construc -d channel, other than a modified natural stream constructed for drainage pu .oses, that is typically dug • ough inter-stream divided areas. A ditch or canal may have flows that -re perennial, intermittent, ore. emeral and may exhibit hydrological and biological characteristi similar to perennial or intermittent stre.• s. Dwelling, Multi-Fa A building or lot containing t ee or more dwelling units. Dwelling, Single Family A detached building containing one . elling unit. Dwelling, Two Family A detached building containing two dwelling u .ts (du. ex). Dwelling Unit A room or group of rooms forming a single i oependen abitable unit with facilities used or intended to be used for living, sleeping, cooking and ing by one fa •.ly; for owner occupancy or for rental, lease or other occupancy on a weekly or longer oasis, and containin. .ndependent cooking, sanitary and sleeping facilities. Units otherwise meeting t • definition but occupied . transients on a rental or lease basis for periods of less than one week sh. be construed to be lodging un.. . Mobile Homes and modular un.• are to be considered dwelling units nder this definition. EA An Environmental As -ssment. EA, Comple •d An Environm= tal Assessment that has been accepted by the Orange County Plannin• Department as technically acceptable for purposes of this Ordinance. EIS A• nvironmental Impact Statement. Orange County, North Carolina—Unified Development Ordinance Page 10-11 Article 10: Definitions Section 10.1: Definitis3 Completed An E • onmental Impact Statement that has been accepted by the Orange County Planning D=.artment as techni -lly acceptable for the purpose of being transmitted to the State Clearinghouse o or being reviewed for ..equacy by the Orange County Planning Department. Easement A grant of rights by a pro.-rty owner to another individual, group or gover • ental unit to make limited use of a portion of real prop-• for a specified purpose. Economic Development Ac ity Node Land in Transition areas of the County •ich has been sp= ifically targeted for economic development activity consisting of light industrial, distribu '•n, flex s.-ce, office, and service/retail uses. Such areas are located adjacent to interstate and major arteria •i; ays, and subject to special design criteria and performance standards. Flex space typically i • us:: one-story buildings designed, constructed, and marketed as suitable for use as offices bu :.le to acc.• modate other uses; e.g., warehouse, showroom, manufacturing assembly or similar op- - ions. Efficiency Apartment An additional dwelling uni -ccessory to a single family residence me- • g the development criteria outlined within this Ore* ance. Elevated = •ilding A non-b. .-ment building, which has its reference level raised above ground level by •undation walls, shea ' alls, posts, piers, pilings, or columns with openings sufficient to facilitate automa equalization of rostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the u '• peded movement of floodwaters. Encroachment The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede ore alter the flow capacity of a floodplain.49 •ineered (or Structural) Stormwater Controls A struc . al Best Management Practice (BMP) used to reduce non-point source pollution to rec Ping waters in o .-r to achieve water quality protection goals. (See also Best Management Pr- 'ces and Detention Pon. Unless otherwise specified, "BMP", when used in this Ordinance, re - s to structural BMPs.) Environmental Docum- • An EA, EIS, or FONSI, or all of the Environmentally Sensitive Areas Land which is subject to special natural enviro • ent- onditions such as flooding that present significant constraints to built development. Equestrian Center A facility designed and inter.-d for the display of equestrian skills and - hosting of events including, but not limited to, showju •• ng, dressage, rodeos, general horse/mule shows, .•d similar equestrian disciplines. Event ay be larger scale, such as horse shows expected to gener- - more than 80 traffic trips per day, d may be held more frequently than once per month. A commercial a.le may be included ' the site. -xisting Construction 49 Correcting for a grammatical error in a definition related to our flood management program. Orange County, North Carolina—Unified Development Ordinance Page 10-12 Article 10: Definitipm Section 10.1: Definitions Flood Boundary and Floodway Map (FBFM) An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM). Flood Hazard Boundary Map (FHBM) An official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A. Flood Insurance The insurance coverage provided under the National Flood Insurance Program (NFIP). Flood Insurance Rate Map (FIRM) An official, adopted Orange County map, issued by FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the county are delineated. This includes DFIRM. These eas within the official Zoning Atlas for Orange County - -- -e--.- --_ -- - e A -- Overlay District. ood Insurance Study (FIS) An e -mination, evaluation, and determination of flood hazard, corresponding water surface = -vations (if appropri_ -), flood insurance risk zones, and other flood data in Orange County issued b ' MA. The FIS report c••tains corresponding flood profiles, as well as FIRMs. Flood Lamp See Outdoor Lighting, F ..d Lamp. Floodlight See Outdoor Lighting, Floodlight. Floodplain or Flood Prone Area Any land area susceptible to being inundated by -(er from any source and is interchangeable terms. Floodplain Administrator The individual appointed to administe :nd enforce the floodpla • management regulations. Floodplain Developme• 'ermit A document required for .• disturbance within a mapped special flood haz- e area prior to the commencement of an :evelopment activity. Floodplain anagement The oper- '•n of an overall program of corrective and preventive measures for reducing floo• •amage and pr- erving and enhancing, where possible, natural resources in the floodplain, including bu •it li -d to emergency preparedness plans, flood control works, floodplain management regulations, . •• •pen space plans. Floodplain Management Regulations This Ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power, which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Flood Proo ing Any combination of structural and nonstructura au•' • -- • a•justments to structures, which reduce or eliminate risk of ••• --- • • rea estate or improved real prop- _ -•• anitation - ' ' - , • c ures with their contents. Orange County, North Carolina—Unified Development Ordinance Page 10-15 Article 10: Definitions Section 10.1: Definitics� Flood-resistant material Any building product, material, component or system, capable of withstanding direct and prolonged contact(minimum 72 hours)with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay- resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials. Plooawd The channel of a river or other wa er •• - - and areas that must be reserved in order to discharge the base ••• • -•s umulatively increasing the wa - • -:-= - - . ion more than one foot. - may also be referred to as "regulatory floodway." Floodway encroachment analysis An engineering analysis of the impact that a proposed encroachment into a floodway or non- encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and models. lood Zone A •-ographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flo•.ing in the ar_.. Floor • See"Lowest Fl••r". Floor Area Ratio Floor Area Ratio (FAR) is . e maximum floor area permitted for each squar- oot of land area. Footcandle See Outdoor Lighting, Foot-candle. Forest Plantation An area of planted trees that may be conifers sines) or rdwoods. On a plantation, the intended crop trees are planted rather than naturally regenera _s fr• seed on the site, coppice (sprouting), or seed that is blown or carried into the site. Forest Vegetation The plants of an area which grow toget - in disturbed or un•. turbed conditions in various wooded plant communities in any combination or tr:-s, saplings, shrubs, vine , and herbaceous plants. This includes mature and successional forests .: well as cutover stands. Fraternity, Sorority H. se A building occupied by -•d maintained exclusively for college or university s •cents who are affiliated with a social, honorary or . ofessional organization and which is recognized by the c• ege, university or other institution of highe earning. Freeboar,; Height a!Sed to the Base Flood Elevation (BFE) to account for the many unknown factors th. could contr.0 to to flood elevations. rontage, Building Orange County, North Carolina—Unified Development Ordinance Page 10-16 Article 10: Definitis Section 10.1: Definitions and Area Measurement Definitions (S-- Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Ope .pace Rear Land-Di urbing Activity Any use of th- and that results in a change in the natural cover or topography that m.• cause or contribute to se. entation. Landfill A site within which is de..sited solid waste material, including trash, constr tion debris, stumps, branches and limbs, garba.- and industrial waste. Landfill, Discharging A landfill facility with liners, monitors'• equipment and other mea res to detect and/or prevent leachate from entering the environment and in • ich the leachate is tre. ed on site and discharged to a receiving stream. Discharging landfills require a :tional Pollution S : em (NPDES) Permit from the North Carolina Division of Water Quality. Land Use Intensity Definitions (See Non-residential Land Area, Non-residential . .3r Area, Residential Floor Area, Floor Area Ratio, Open Space, Open Space Ratio, Livability Sp.,e, Livability Space Ratio, Floor Area Ratio, Open Space, Open Space Ratio, Recreation Space, Recr: tion Space 'atio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.) Land Use Permit A zoning permit, subdivision appr. al, building permit, site plan, sp-. ial use permit, or conditional use permit. Land Use Plan A set of documents an. maps that categorize existing patterns of land develop lent and set guidelines for the desirable intensi , density, quantity, type, location and timing of future devel.'ment based upon the goals and policies .et forth in the Plan. The Land Use Plan can be found in the Lan. Use Element of the Comprehensive 'Ian. Length ' Wall The hor. ontal distance from corner to corner. Where walls in continuous general frontage (as the case of at .ched dwellings) are off-set by angles or setbacks of six feet or more, the length of each se. ent so se .ff shall be measured separately in establishing pertinent yard depth. Length of the wall of a cir lar 6 ilding shall be construed as the diameter of the building. Letter of Map Change (LOMC) An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management Orange County, North Carolina—Unified Development Ordinance Page 10-21 Article 10: Definitions Section 10.1: DefinitiW regulations. (d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Level of Service A . alitative measure that describes the operational conditions or a road or intersection, as define• by the ';hway Capacity Manual. The various service levels are defined by a range from A to F, wi A repres- ting free flow traffic conditions and F representing stop-and-go traffic. Light, Fla ,hing A light that intt mittently flashes on and off. Light Source The point of origin ill i ination emanates; usually a lamp. Please refer to the def. ition of Outdoor Lighting, Lamp for adds '.nal information. Light Trespass Intrusion of direct light project-. from one property or roadway onto an. er property or roadway. Livability Space Livability space is part of total open s.-ce appropriately improve• and located as outdoor living space for residents and for aesthetic appeal. Su spaces include lawn and other landscaped areas, walkways, paved terraces and sitting areas, outdoor ecreational areas .nd landscaped portions of street rights-of- way. Such space shall not be used for vehi. es, except fo ncidental service, maintenance or emergency action. Livability Space Ratio Livability space ratio is the minimum square foota2e .f non-vehicular outdoor space required for each square foot of land area in residential develop '•nt. It . open space used for people, planting and visual appeal and does not include vehicular parkin! and acces areas. Lodgings Living quarters which do not contain in.ependent kitchen faciliti--, provided, however, that dwelling units occupied by transients on a rental or ease basis for periods of les- than one week shall be considered lodging units even though they co ain independent kitchen facilities. Lodging Unit A room or rooms connecte. ogether, constituting a separate lodging for on family only, physically separated from any other ooms or dwelling or lodging units. Where two or more rooms are connected by a doorway or doorways and arranged, equipped and furnished in such a mann- that they might reasonably be rente. eased or occupied, either individually or in combination, ea.h room shall be construed as a lod;'ng unit. Logo An establis •.d identifying symbol or mark associated with a business or business entity. Lot Land sounded by lines established for the purpose of property division. The term includes water . eas incl.ded in the property so enclosed. As used in this Ordinance, unless the context indicates othe e, t - term refers to a zoning lot. (See Lot, Zoning). Orange County, North Carolina—Unified Development Ordinance Page 10-22 Article 10: Definitips Section 10.1: Definitions Mean-sea-level • ee .- . -•*-- a n •• corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical Mood Elevations shown on a Flood Insurance Rate Map (FIRM) are referenced. Refer to each FIRM eat Processing Facility, Community A mailer scale facility where livestock or wildlife is slaughtered, processed, and packaged for pe' onal con umption and/or wholesale or retail sale. The livestock must be raised on the subject farm . d from 1 to 4 o er cooperative farm partners. Meat Pr• cessing Facility, Regional A larger sca - facility where livestock is slaughtered, processed, and prepared for distr.eution for wholesale or retail sale. Metal Fabricat •n Shop A facility that is enga..'ed in the shaping of metal and similar materials for wholesale or retail sale. Microbrewery, pro. . ction only A facility that produces less han 15,000 barrels per year of craft malt b: erages for wholesale or retail sale and consumption off the a remises. Shall be considered a bona fi•e farming use if located on a farm and using primarily crops prod .ed on-site. Microbrewery with Minor E -nts A facility that produces less than 15,066 barrels per year of c :ft malt beverages for consumption on-or off-site with limited hours for tours of the acility and tasting- of the products produced on-site, and small periodic events that are expected to attrac fewer than 150 people to the site. Food services may be permitted under the conditional zoning or special use p•rmit approval. Microbrewery with Major Events A facility that produces less than 15,000 barrels •- ear of craft malt beverages for consumption on-or off-site with tours of the facility, tastings of the • odu s produced on-site, and periodic events that are expected to attract more than 150 people to e site. Feed services may be permitted under the conditional zoning or special use permit approval. Mobile Home A dwelling unit that: a) Is not constructed in accordance with the standards of th- orth Carolina Uniform Residential Building for One-and T .-Family Dwellings; b) Is composed of one or ore components, each of which is su.stantially assembled in a manufacturing plant end designed to be transported to the hom_ site on its own chassis for placement on a te• porary or semi-permanent foundation when c• nected to the required utilities, and includes th- •lumbing, heating, air conditioning and electrical s tems contained therein; and c) Exceeds eigh eet in body width and 32 feet in body length. d) Is not certifi:: by the Secretary of the Department of Housing and Urba Development. Mobile home shal also mean a double-wide mobile home. Mobile Ho r e, Accessory A subordin- e structure, the use of which is customarily incidental to the permitted use o e principal buildings. Accessory uses include, but are not limited to: a) torage unit, b Office, and Classroom facility. T e mobile home, as an accessory structure, must not create non-conforming yards or setbacks. e nstallation of a mobile home, as an accessory structure, is exempt from the requirements set forth he -in. Orange County, North Carolina—Unified Development Ordinance Page 10-29 Article 10: Definitions Section 10.1: DefinitiO • t Assets The e. ity value of real property such as land, buildings, Certificates of Deposit, Checking and Savir. accounts, ••ney market accounts, stocks, bonds, cash, IRA of KEOUGH accounts, gold or pre '•us metals, and b • ess equipment. Family or personal assets such as furniture, automobiles eelchairs or other special egfl'•ment, household goods, boats and recreational vehicles are not•• uded. New construction Structures for which the "start of struction" commenced on or after - ch 16, 1981, and includes any subsequent improvements to such st • tures. Night Club, Bar, or Pub An establishment that allows food, alcoholic drink a , or entertainment. Non-Conformance Non-conformities are: a) Lots; b) Uses of land withou ructures or with minor structures only; c) Uses of major ctures and premises; d) Characteri • s of Use; and e) Struct -s which w- - lawful but would be prohibited, regulated or restricted by the enactment of this Or ance or a sub -fluent amendment thereto. Non-conformity may also be created by lawful public taking or a 'ons rsuant to a court order and have the same effect as violations of this Ordinance, if undertaken priva : . Non-Conversion Agreement: A document stating that the owner will not convert or alter what has been constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk's or recorder's stamps and/or notations that the filing has been completed. z. -Encroachment area The c .nnel of a river or other watercourse and the adjacent land areas that must be reserved i order to discharge •e base flood without cumulatively increasing the water surface elevation more t - one foot as designate. ' the Flood Insurance Study report. Non-Point Sourc- 'ollution Pollution which enters wat- mainly as a result of precipitation and subsea dent run-off from lands which have been disturbed by man's : tivities and includes all sources of w. - pollution which are not required to have a state or local or state pe -.it for discharge into a stream. Non-Profit Educational Cooperate, - An organization operated on a non-profit basis .■os: •urpose is to acquire, produce and distribute instructional materials for the benefit of its mem.- titutions. Membership is comprised primarily of fully accredited schools of health, education :•cial, leg. environmental and/or engineering sciences in institutions of higher learning (universiti-., colleges and tec qical institutes). On-site faculty development workshops and fellowship training p ..rams may also be provi•:• as part of the organization's purpose. Non-Residential Dev= •pment Development of any I-•. use which is not residential in nature, including us- such as churches)which are allowed in resi•-ntial zoning districts. Non-R- = dential Floor Area - Inclusions and Exclusions The . of areas for non-residential use on all floors of the building measured from the outsi•- faces of •- exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches -•d Orange County, North Carolina—Unified Development Ordinance Page 10-31 Article 10: Definitims Section 10.1: Definitions eet in a platted subdivision which are open for vehicular traffic and have been offered for dedication to the p.olio and where the offer for dedication has not been accepted. Recreatio pace Exterior area app .riately improved for common recreational use. Part of total an• vability open space. Recreation Space ' - io Recreation space ratio is the imum square footage of open space '• residential areas, suitable by location, size, shape, access an• •rovements, required for eac quare foot of gross land area. This area is a public or private exterior are- 'mproved for recreatio • all residents, having a least dimension of 50 feet, and average dimension of 101 -et and a mini . area of 10,000 square feet. Recreation Vehicle (RV) A self-propelled or towed vehicle, qualified to .- licen :i by the appropriate State Agency, and is built on a single chassis, 400 square feet or less . en measured . the largest horizontal projection, providing short term recreational living accom .rations, designed prim: .ly not for use as a permanent dwelling, but as temporary living quarters -., for 180 days or less) for rec _-tional, camping, travel, or seasonal use. Recreational Fa ' ities A use of propert occurring indoors and/or outdoors providing recreational ameni = , activities, or services for ampensation. Activities shall include, but not be limited to: sports playe• •in a court, amuse - t arcades, bowling alleys, skating rinks, shooting ranges, billiard and pool hal , .aintball, rope clim. g or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobe .nd yoga adios, athletic facilities, and gymnasiums. Reference level The portion of a struottr- - - _-.- -e••-• - - _ e- _e-- _ -e _ •- --_I _ ___ protection clevation to do .rm n°-r-eguiatory compliance. For structures within S e- ___ - _ designated as Zone AE, the reference-level is the top of the lowest floor. The bottom of the lowest horizontal structure member of the lowest floor for structures within all Special Flood Hazard Areas. 50 Regulatory flood protection elevation The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation plus two feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at two feet above the highest adjacent grade. Regulatory flood protection elevation is interchangeable with "design floods". Rehabs i . - - acility A facility licensed by the appropria e s - - ::_• -_ _ - • --: - - as ity for individuals who are handicapped, aged, disc. -• _. - • • enners, addicte. o . • -: e • is requiring professional h-= - -- -, -.0 supervision, or rehabilitation. Remedy a violation To bring the structure or other development into compliance with State and Orange County laws and regulations. In terms of compliance with Orange County floodplain management regulations, the term shall also include reduction of the impacts of a development's noncompliance including protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. Repetitive loss 5o Staff is proposing to modify the existing definition to be consistent with the revised 2017 model flood ordinance prepared by FEMA. Orange County, North Carolina—Unified Development Ordinance Page 10-36 Article 10: Definitions Section 10.1: Definiti& • ; 'al Event A commerc'. _ tivity attracting at least 20 people at any given time, that typically do-_ -. involve permanent structure , :•. does not occur more frequently than seven da - . 0-day period or more than 50 days per year. Exam. - • special events are craft s.• , small festivals, concerts, medical or veterinary clinics, and sites operated by .. '.esse -•:.ged in hosting outdoor social events such as picnics or receptions sponsored by a res -- - o -rer. Activities which are not inclu•-• ' is definition include: a) Events of. onal or non-profit, nature such as family reu and church activities; b - -related or rural events such as horse shows, 4-H events and auc • and c) Fund-raising events for non-profit organizations. Special Flood Hazard Area (SFHA) The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in Section 43.1 1.1.3 of this Ordinance, as defined by the base flood elevation. The-mapped _ _ _ ._ •' • - - - - - - -- - •- _•e_ - - - - - - e-• - • --- - ---- - • 51 ecial-Purpose Unit of Government Any •.ecial district or public authority. Special ■ e A use which •uld not be appropriate generally throughout the zoning district or without :•ecial study, but which, if controll-• as to number, area, location or relation to neighborhood, would be appropriate. Such uses which are liste. as Special Uses in the Permitted Use Table, Section 5.2, ma, •e installed and operated only after ap. oval by the Board of Commissioners or by the Board of djustment, as appropriate, subject to th_ seneral and specific standards. Specified Anatomical A : .s (a) Less than completely - d opaquely covered human: (i) genitals, pubic region, (ii) buttocks, or (iii) breast below a point • mediately above the top •• he areola; or (b) Human male genitals in a di .ernibly turgid state -ven if completely and opaquely covered. Specified Sexual Activities (a) Human genitals in a state of sexual sti • . ation or arousal; (b) Acts of human masturbation, sexual ' er 'urse or sodomy; or (c) Fondling or other erotic touching if human g: itals, pubic regions, buttocks or breasts. Start of Construction Includes substantial improvement, . d means the date the building •ermit was issued, provided the actual start of construction, rep'', reconstruction, rehabilitation, adds '•n placement, or other improvement was within 180 •.ys of the permit date. The actual start -ans either the first placement of permanent construction of . structure (including a manufactured home) on - site, such as the pouring of slabs or footings, install.. ion of piles, construction of columns, or any work be.•nd the stage of excavation; or the pl. ement of a manufactured home on a foundation. Ferman: t construction does not include land prep. .tion, such as clearing, grading, and filling; nor does it include t' - installation of streets and/or .Ikways; nor does it include excavation for a basement, footings, pier , or foundations or the erection temporary forms; nor does it include the installation on the property of acc: sory buildings, such as •:rages or sheds not occupied as dwelling units or not part of the main structure. •••r a subst.• ial improvement, the actual start of construction means the first alteration of any wall, •-iling, floo , or other structural part of the building, whether or not that alteration affects the external dim_ sions • he building. 51 As we are recommending elimination of the overlay district,there is no need to maintain a definition of same. Orange County, North Carolina—Unified Development Ordinance Page 10-53 Article 10: Definitims Section 10.1: Definitions II divisions of a tract or parcel of land into two or more lots, building sites or other divisions fo he p• pose of sale or building development (whether immediate or future) and includes all divis.•n of land inv. ving the dedication of a new street or a change in existing streets. Subdi •sion, Exempt a) T - combination or recombination of portions of previously subdivided an. ecorded lots if the tota umber of lots is not increased and the resultant lots are equal to o exceed the standards of the C. nty, including private road justification standards, as detailed hin this Ordinance. b) The divi-on of land into parcels greater than 10 acres if no street ri• t-of-way dedication is involved. c) The public a•.uisition by purchase of strips of land for widenin• or opening streets. d) The division o' - tract in single ownership of the entire area o which is no greater than two acres into not more th-• three lots, if no street right-of-way dedic•, ion is involved and if the resultant lots are equal to o -xceed the standards of the County . shown by its subdivision regulations. Subdivision, Major Any division of land that is not cla• ified as an Exempt or 'I inor subdivision. Subdivision, Minor A division of a tract of land that does no . a) Create more than five lots for con -ntio►-1 design options, or more than 12 lots for flexible development, including the residual :• eage, from any one tract of land in any 24 month period; b) Dedicate or improve any new publi st -et other than widening an existing public street; c) Extend public water and/or sanit- sew= age systems other than laterals to serve individual lots; d) Necessitate the installation of . ainage ims ovements which would require easements through one or more lots to serve of -r lots; and e) At the option of the applic- t, involve vesting o the subdivision for a period greater than one year. Substantial damage Damage of any origin su ained by a structure during any one y:ar period whereby the cost of restoring the structure to its befo•--damaged condition would equal or exce:d 50% of the market value of the structure before the ..mage occurred. See definition of"substantia .mprovement." Substantial damage also means flood-r•• ated damage sustained by a structure on two sep:rate occasions during a ten-year period for which e cost of repairs at the time of each such flood event, •in the average, equals or exceeds 25% •f the market value of the structure before the damage occ ed. Substa' tial improvement Any co, bination of repairs, reconstruction, rehabilitation, addition, or other impro ement of a structure, taki • place during any one year period whereby the cost of which equals or exceeds 50% of the market va e of the structure before the start of construction of the improvement. This term I'cludes structures, ich have incurred substantial damage, regardless of the actual repair work performee. The term does not, however, include either: a) aAny correction of existing violations of State or Orange County health, sanitary, or safety code specifications which have been identified by the Orange County code enforcement official and which are the minimum necessary to assure safe living conditions, or b) aAny alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by a variance issued pursuant to this Ordinance.52 . : - A combination of footers, piers, ca.s .roperly installed, support the mobile h.'.- k --:- • . ay se installed as a cosmetic feature. 52 Language added to ensure consistency with the 2017 model flood ordinance as prepared by FEMA. Orange County, North Carolina—Unified Development Ordinance Page 10-57 Article 10: Definition§ Section 10.1: Definitions A stem of wastewater collection, treatment, and disposal in single or multiple components, incl . ng groun. .bsorption systems, non-discharge systems, and systems that discharge effluent to t. surface waters, an. -ny other system as may be permitted by the Orange County Health Depart.•-nt or the State of North Caroli - (ref. NCGS Article 11, Chapter 130A) Waterbody, Perenni- A natural or constructed basin •-t stores surface water permanently - :epths sufficient to preclude growth of rooted plants, including la-: , ponds, sounds, non-stre-• estuaries, and oceans. For the purpose of stormwater provision of this • •inance, the water. .y must be part of a natural drainageway (i.e. connected by surface flow to a stream). Water-Dependent Structure Any structure for which the use requires a •-ss to or proximi • o or citing within surface waters to fulfill its basic purpose, such as boat ramps, b•. ouses, docks and bulk - .ds. Ancillary facilities such as restaurants, outlets for boat suppl.- , parking lots and commercial boa . orage areas are not water- dependent structures. Water Feature A prominent ase-ct or characteristic of a geographic area that exhibits verifiable evidence • . presence of water in -e soil. Examples of water features include, but are not limited to, perennial and in - i ittent strea :, akes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetla-•s, a . natural drainage ditches (non-ephemeral). Water surface elevation (WSE) The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.53 tercourse A lak-, river, creek, stream, wash, channel or other topographic feature on or over which wat- flow at least per.•ically. Watercourse includes specifically designated areas in which substanti. ood damage may occur. Water Supply, • blic A water supply system •-t serves a city or town located partly or entirely in Orange County that has a population in excess of 2,566. Water Supply Watershed (• Protected Watersh- • Land that drains to existing reservoirs ich are public w- --r supplies or potential reservoir sites or stream intakes which have been designat-• for protec '.n. All such lands have been classified by the Environmental Management Commission as v' S-I f S-III or WS-IV watersheds and require protection in accordance with the State Mandate. (See defi • for"State Mandate"). Water Supply Watershed Criti • Area, Cou Designated The land area within one-half mile ►•the normal pool elevate.. (or designated elevation) of an existing Class II water supply reservoir .r the ridgeline of the watershe., hichever is less; and the land area within one-half mile of the . mal pool elevation (or designated ele :tion) of a proposed water supply reservoir designated fo •rotection, or the ridgeline of the watershed, ••chever is less; and the area within one-half mile . streams flowing into Class I reservoirs, as designat- for protection within this Ordinance. Water :upply Watershed Critical Area, State Required Th- -nd area within one-half mile of the normal pool elevation of water supply reservoirs which an i ake is located (i.e., Class I reservoirs), or the ridgeline of the watershed, whichever is less. 53 As we are not in a coastal area there is no need to reference same in our definition(s)section. Orange County, North Carolina—Unified Development Ordinance Page 10-65 Attachment 9 284 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 W. Margaret Lane (919) 245-2575 v" Suite 201 (919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 r ' ® � °( ° at"�1r '� vj i ®.p -. 1 " V v #i .x,y„ CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section 2.8.7 of the Orange County Unified Development Ordinance I have mailed, or have caused to be mailed, a Notice of Public Hearing regarding the proposed elimination of the Special Flood Hazard Area (SFHA) Overlay District from the Orange County Zoning Atlas. Certified letters were sent to the following property owner(s) identified utilizing Orange County Tax Records as required by Section 2.8.7 of the Orange County Unified Development Ordinance: Site ADDRESS OWNER LAST NAME PIN Identification: 1 1000 SABRE CT COCOMERO 9768160253 1 1000 SABRE CT COCOMERO 9768160723 2 1002 IREDELL ST KOONTZ 9885353948 2 1002 IREDELL ST KOONTZ 9886986894 3 101 E ORANGE ST HILLSBOROUGH TOWN 9847920789 3 101 E ORANGE ST HILLSBOROUGH TOWN 9848340525 3 101 E ORANGE ST HILLSBOROUGH CITY 9848355381 4 101 MCDADE STORE RD COMPTON 9857615075 4 101 MCDADE STORE RD COMPTON 9857710277 5 1010 LAKEVIEW DR HARTSELL 9820987058 5 1010 LAKEVIEW DR FUCHS 9857561262 6 1015 WAVE RD CHRISTENSEN 9832068188 6 1015 WAVE RD CHRISTENSEN 9832160677 7 102 WHITE CAP CT WHITE FAMILY PROPERTY 9875635812 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875648222 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875747562 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875759293 285 8 1020 LAWRENCE RD DUBOSE 9884148879 8 1020 LAWRENCE RD DUBOSE 9884243189 9 1021 DIMMOCKS MILL RD COON ROCK FARM 9864122219 9 1021 DIMMOCKS MILL RD COON ROCK FARM 9864224688 10 103 GRAPEVINE LN GWIN 9863809523 10 103 GRAPEVINE LN GWIN 9863900565 11 1032 DIMMOCKS MILL RD ISKCON OF NORTH CAROLINA 9864030474 11 1032 DIMMOCKS MILL RD ISKCON OF NORTH CAROLINA 9864033511 12 105 MIRAMAR PLACE RICHARDSON 9777271265 12 105 MIRAMAR PLACE RICHARDSON 9777271751 13 1050 DUFFYS WAY MANSHIP 9749223199 13 1050 DUFFYS WAY MANSHIP 9749225643 13 1050 DUFFYS WAY MANSHIP 9749229743 14 109 N CARDEN DR CARDEN 9858724035 14 109 N CARDEN DR CARDEN 9858726195 15 11 LEIGH DR SMOLLEN 9758576651 15 11 LEIGH DR SMOLLEN 9758672521 16 1101 HAYNES ST#205 TRIANGLE 9882282545 16 1101 HAYNES ST#205 TRIANGLE 9882291055 16 1101 HAYNES ST#205 TRIANGLE 9882387512 16 1101 HAYNES ST#205 TRIANGLE 9883304125 17 1111 BEN JOHNSTON RD WARD 9864043679 17 1111 BEN JOHNSTON RD WARD 9864052222 18 115 REID ROBERTS RD ROBERTS 9885244341 18 115 REID ROBERTS RD ROBERTS 9885253065 19 116 W JONES ST NORTH CAROLINA STATE 0803330921 19 116 W JONES ST NORTH CAROLINA STATE 0803351010 19 116 W JONES ST NORTH CAROLINA STATE 0803358190 19 116 W JONES ST STATE OF NORTH 0803362006 19 116 W JONES ST NORTH CAROLINA STATE 0803452622 19 116 W JONES ST NORTH CAROLINA STATE 9885811011 19 116 W JONES ST NORTH CAROLINA STATE 9885905218 19 116 W JONES ST NORTH CAROLINA STATE 9893743826 19 116 W JONES ST NORTH CAROLINA STATE OF 9893757184 STATE 19 116 W JONES ST NORTH CAROLINA STATE 9893771822 19 116 W JONES ST NORTH CAROLINA STATE 9895722880 19 116 WEST JONES ST NORTH CAROLINA STATE OF 9893649998 STATE 19 116 WEST JONES ST NORTH CAROLINA STATE OF 9893854356 STATE 20 118 WOODKIRK LN POVSIC 9881123777 20 118 WOODKIRK LN POVSIC 9881133144 21 120 MINKA FARM LN MINKA FARM LLC 9831977119 286 21 120 MINKA FARM LN MINKA FARM LLC 9845053927 22 1201 NEW HOPE CHURCH RD TAPP 9871677605 22 1201 NEW HOPE CHURCH RD TAPP 9871690047 23 1216 CRAWFORD DAIRY RD BRAXTON 9727973537 23 1216 CRAWFORD DAIRY RD BRAXTON 9727983789 24 1220 MT CREEK RD COOK 9871488233 24 1220 MT CREEK RD COOK 9871573883 24 1220 MT CREEK RD COOK 9871583565 24 1220 MT CREEK RD COOK 9871588254 25 1233 TRIPP RD SMITH 9747479816 25 1233 TRIPP RD SMITH 9747489321 26 1306 GOVERNOR BURKE RD LATTAS EGG RANCH INC 9875250658 26 1306 GOVERNOR BURKE RD LATTA'S EGG RANCH 9875350483 26 1306 GOVERNOR BURKE RD LATTAS EGG RANCH 9875453652 26 1306 GOVERNOR BURKE RD LATTA'S EGG RANCH 9875664826 27 1313 LAKE ORANGE RD LEE 9857530491 27 1313 LAKE ORANGE RD LEE 9857531511 27 1313 LAKE ORANGE RD LEE 9857531606 27 1313 LAKE ORANGE RD LEE 9857531717 27 1313 LAKE ORANGE RD TALTON 9857532274 28 1319 FRAZIER RD HALL 9835765469 28 1319 FRAZIER RD HALL 9835769381 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9874864363 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9884075341 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9884582753 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9893595512 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893732340 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893735417 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893852155 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894170451 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE OF 9894519810 STATE 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894524693 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894607767 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9894639313 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9894710654 29 1321 MAIL SERVICE CTR NORTH CAROLINA STATE 9874988553 29 1321 MAIL SERVICE CTR STATE OF NORTH CAROLINA 9893655670 30 135 CEDAR HILLS CIR FUNKHOUSER 9893856947 30 135 CEDAR HILLS CIR FUNKHOUSER 9893863109 31 138 RIDGE TRL GHOBRIAL 9862805890 31 138 RIDGE TRL GHOBRIAL 9862814095 32 1400 BEN JOHNSTON RD BROOKS 9854928491 { 287 32 1400 BEN JOHNSTON RD BROOKS 9854930649 33 1414 A OLD GREENSBORO RD YOW 9768301576 33 1414 A OLD GREENSBORO RD YOW 9768304627 34 1414 GREGORY GLEN DR GREGORY 9857791878 34 1414 GREGORY GLEN DR GREGORY 9858701092 35 1415 JONES FERRY RD STOKES 35 1415 JONES FERRY RD STOKES 36 1415 W HWY 54 W A MASSEY FAMILY 9832034940 36 1415 W HWY 54 W A MASSEY FAMILY 9832244269 36 1415 W HWY 54 W A MASSEY FAMILY 9832428715 36 1415 W HWY 54 W A MASSEY FAMILY 9832430618 37 146 YONDER TRL MONAST 9892162237 37 146 YONDER TRL MONAST 9892169560 38 1546 MAIL SERVICE CTR DEPARTMENT OF 9893608714 TRANSPORTATION 38 1546 MAIL SERVICE CTR DEPARTMENT OF 9893609689 TRANSPORTATION 39 16 YORK WOODS PL TIPTON 9878058870 39 16 YORK WOODS PL TIPTON 9878161058 40 1600 GARDEN ST BAKER 9769505359 40 1600 GARDEN ST BAKER 9769506700 41 1604 AINSWORTH BRUHNS 9857638676 41 1604 AINSWORTH BRUHNS 9857639662 42 1606 FAUCETTE MILL RD JUDD 9855847119 42 1606 FAUCETTE MILL RD JUDD 9855952319 43 1630 BRIAR LN COLEMAN 9877995858 43 1630 BRIAR LN COLEMAN 9877996360 44 1717 HALLS MILL RD VOLPE 9856443429 44 1717 HALLS MILL RD VOLPE 9856453583 45 1718 PEARSON RD OAKLEY 9878052938 45 1718 PEARSON RD OAKLEY 9878145497 45 1718 PEARSON RD OAKLEY 9878149296 45 1718 PEARSON RD OAKLEY 9878244058 45 1718 PEARSON RD OAKLEY 9878342135 46 1725 RIVERSIDE DR SCHMOOCK 9874757890 46 1725 RIVERSIDE DR SCHMOOCK 9874758982 47 1740 RIVERSIDE DR WORTH PROPERTY GROUP 9874756650 LLC 47 1740 RIVERSIDE DR WORTH PROPERTY GROUP 9874757628 LLC 48 1801 WILDCAT CREEK RD LLOYD 9738912942 48 1801 WILDCAT CREEK RD LLOYD 9748022041 49 181 N SERENITY HILL CIR MCDONALD 9766689915 49 181 N SERENITY HILL CIR MCDONALD 9766991332 288 50 1906 WESTERN TR ERIE 9728345790 50 1906 WESTERN TR ERIE 9728347323 51 1909 E CHAPMAN CT FRANZESE 9857637105 51 1909 E CHAPMAN CT FRANZESE 9857638157 52 20 ROUNTREE LN OXAAL 0818133899 52 20 ROUNTREE LN OXAAL 0818143395 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER 9885255612 HOMEOWNER 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER 9.885264448 HOMEOWNER 53 200 NEW SHARON CHURCH RD FOX HILL FARM MASTER 9885354074 HOMEOWNER 53 200 NEW SHARON CHURCH RD FOX HILL FAMR MASTER 9885360094 HOMEOWNER 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER 9885361620 HOMEOWNERS 53 200 NEW SHARON CHURCH RD FOX HILL FARM MASTER 9885367766 HOMEOWNERS 53 200 NEW SHARON CHURCH RD FOX HILL FARM SOUTH 9885601301 HOME OWNERS 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885331834 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885355629 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885502301 55 2005 JONES FERRY RD CORBETT 9767497807 55 2005 JONES FERRY RD CORBETT 9767592658 56 2103 NEW HOPE CH RD STRAYHORN 9886260611 56 2103 NEW HOPE CH RD STRAYHORN 9886291471 57 2112 FAUCETTE MILL RD WALLACE RIVER LLC 9855767241 57 2112 FAUCETTE MILL RD WALLACE RIVER LLC 9855787004 57 2112 FAUCETTE MILL RD WALLACE RIVER 9855850895 58 214 MILLSTONE DR WARREN 9845527150 58 214 MILLSTONE DR WARREN 9845613620 59 2189 GIFFORD DR DAVIS 9835204750 59 2189 GIFFORD DR DAVIS 9835206659 ', 59 2189 GIFFORD DR DAVIS 9835206744 60 221 CHESLEY LN OLD FIELD CREEK 9881222099 60 221 CHESLEY LN OLD FIELD CREEK 9881230565 60 221 CHESLEY LN OLD FIELD CREEK 9887463993 60 221 CHESLEY LN OLD FIELD CREEK 9887570099 61 2303 WILLIAM & MARY DR TROMBA 9871877329 61 2303 WILLIAM & MARY DR TROMBA 9871988924 62 2311 FALLS DR ONTIVEROS 9881193683 62 2311 FALLS DR ONTIVEROS 9881195538 63 2319 CELASTRUS DR QUINT 9881197149 63 2319 CELASTRUS DR QUINT 9881198258 289 64 2342 CASTLEROCK FARM RD CURTIS 9825948348 64 2342 CASTLEROCK FARM RD CURTIS 9835130411 64 2342 CASTLEROCK FARM RD CURTIS 9835250245 65 2342 CASTLEROCK FARM RD BEAVER VALLEY 9835037821 HOMEOWNERS ASSOC 65 2342 CASTLEROCK FARM RD BEAVER VALLEY 9835043955 HOMEOWNERS ASSOC 65 2342 CASTLEROCK FARM RD BEAVER VALLEY 9835158607 HOMEOWNERS ASSOC 66 2415 FALLS DR PERRY 9881292684 66 2415 FALLS DR PERRY 9881295601 67 2455 DUNSTAN RD MIRANDA 9871672167 67 2455 DUNSTAN RD GERON 9871762645 68 2500 WOODS LP RD COLEMAN 9877890738 68 2500 WOODS LP RD COLEMAN 9878707631 69 2606 MILLER RD MCBROOM 9857805698 69 2606 MILLER RD MCBROOM 9857806379 69 2606 MILLER RD 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These property owners were also identified utilizing Orange County Tax Records as required by Section 2.8.7 of the Orange County Unified Development Ordinance. The mailed notices specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 26th day of October, 2017. ,.. .7- 4,611111 1 Micha I D. Harvey,- P, CFM, CZO Current Planning Supervisor 1 339 Attachment 10 INFORMATION PAGE ORANGE COUNTY FLOODPLAIN MANAGEMENT PROGRAM: BACKGROUND: In 1968 Congress created the National Flood Insurance Program (NFIP) to help provide a means for property owners to financially protect themselves from the possible damage of structures resulting from flood events. The program is intended to supplement typical homeowner insurance policies, which do not cover damage to structures resulting from a flood. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates, specifically through the adoption and enforcement of regulations designed to mitigate/reduce flood risk, in the program. Orange County has been a member of the NFIP since approximately 1976. Part of the `regulations' at our disposal are Flood Insurance Rate Maps (FIRM) denoting those areas of the County that are susceptible to flooding. The County utilizes these maps to verify the anticipated `elevation' of flood waters during a storm event and works with property owners to ensure structures are not located in areas where flooding is a possibility. Through the enforcement of our flood damage prevention regulations, the County requires incorporation of design standards (i.e. elevation of structures and utilities, installation of flood vents, prohibition of specific activities, etc.) all in an effort to reduce the risk of loss during a flood. COUNTY FIRM DATA: Our original FIRM became effective on March 16, 1981, with the latest becoming effective on February 2, 2007. On advice received from the County's Attorney office in 2007, staff incorporated FIRM data onto the County Zoning Atlas creating the Special Flood Hazard Area (SFHA) overlay district. This Overlay District mirrors FIRM data delineating special flood hazard areas on the County's official atlas. At the time it was considered desirable to duplicate this information on the County Zoning Atlas in order to ensure proper identification of flood prone areas throughout the County. COUNTY FLOOD MANGEMENT REGULATIONS: In accordance with our responsibilities as a member of the NFIP, Orange County adopted its own flood regulations, currently embodied within the Orange County Unified 340 Development Ordinance (UDO). These regulations, now part of the Special Flood Hazard Overlay District are located within Section(s) 4.3 Special Flood Hazard Area (SFHA) and 6.6.1 Additional Standards for Overlay Districts — SFHA of the UDO. This document can be found utilizing the following link: http://orangecountync.gov/planning/Ordinances.asp. CURRENT PROJECT—ADOPTION OF NEW FIRMs AND TEXT AMENDMENTS: The County is in the process of adopting a new Flood Insurance Study (FIS) FIS and FIRM for use in enforcing established flood management standards. This is after the County received notification from Federal Emergency Management Agency (FEMA) staff the maps had been finalized and were ready for adoption and implementation. In consultation with current representatives of the County Attorney's office, it has been determined it would be prudent to eliminate the SFHA overlay district and adopt the FIRM maps by reference in the UDO. As there are changes in flood mapping data, staff would still be required complete a UDO text amendment incorporating the new FIRM maps but would not have to complete an atlas amendment. It should be noted this is how the majority of surrounding communities handle references/changes to FIRM data. Flood data will still be displayed on County GIS system(s) which can be viewed at: https://Qis.orangecountync.gov:8443/orangeNCGIS/default.htm. Please note as part of our floodplain management program, the Planning Department engages in a public awareness campaign keeping local property owners informed of flood issues as well as the various services offered by the County. The elimination of the SFHA overlay district will not impact or alter existing outreach efforts conducted by the Department to keep property owners aware of flood issues and the various services offered to address compliance with flood regulations. Copies of the pending flood map data are available at the County Planning office or by visiting the North Carolina Flood Risk Information System (FRIS) webpage at: http://fris.nc.gov/fris/Home.aspx?ST=NC. WHAT THIS MEANS: The County has initiated amendments to the Zoning Atlas and UDO to accomplish the following: 1. Adopt a new FIS and FIRM data, 2. Amend the Zoning Atlas to eliminate the Special Flood Hazard Area Overlay District, and 3. Update existing regulations in the UDO to: 341 a. Eliminate references to the Special Flood Hazard Area Overlay District, b. Update existing regulations to ensure consistency with FEMA's model flood ordinance, c. Revising existing regulations as follows: i. Eliminate existing procedures allowing the Board of County Commissioners to issue `waivers' allowing for solid waste facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities to locate in flood areas, ii. Update existing standards to reference compliance with State law concerning the enforcement of floodplain management standards for bona-fide farms located within the extraterritorial jurisdictional boundary (ETJ) of local municipalities. iii. Update existing regulations and definitions to ensure consistency with FEMA's revised minimum flood damage prevention ordinance. MAILING OF INFORMATION: Staff has sent out 2 types of mailings associated with this project, specifically: a. A certified letter to those property owners whose property will be impacted by the adoption of the new FIRMs. This impact can be any of the following: i. An increase in identified floodplain area on the property, ii. A decrease in identified floodplain area on the property, or iii. No change. Map(s) were included with the letter to provide additional assistance/guidance on the impact of the new FIRMs. This letter was sent consistent with County regulation(s) as embodied in Section 2.8 of the UDO. OR b. A postcard to those property owners who live within 1,000 ft. of the proposed zoning atlas amendments. In this case the elimination of the Special Flood Hazard Area Overlay District. Property owners who received a postcard, and no other correspondence, are not directly impacted by the proposed amendment. You are receiving notice of the project consistent with County regulation(s) as embodied in Section 2.8 of the UDO. 342 Staff has completed the required mailing for the October 4, 2017 Planning Board meeting. Additional notification will be sent for the public hearing before the Board of County Commissioners, which will occur in November of 2017. It should be noted the County is required to adopt the new FIRMs and revise existing flood regulations accordingly by November 17, 2017 in order to continue to be eligible to participate in the NFIP. If we do not accomplish this task, and are suspended from the NFIP, local property owners will be unable to procure flood insurance for their properties. The remaining information is designed to address basic questions about this project: Why is the County doing this? As indicated above we are required to adopt the new FIRMs in order to remain eligible for participation in the NFIP. This enables local property owners purchase flood insurance and be eligible for disaster relief aid/grants to address damage from a storm event. Will I have to purchase flood insurance? While there is no County regulation compelling the purchase of flood insurance, the Flood Disaster Act of 1973 and the National Flood Insurance Reform Act of 1994 mandates the purchase of flood insurance for all federal or federally related financial assistance for the acquisition and/or construction of buildings within a floodplain. The mandatory purchase requirement also applies to secured loans from such financial institutions as commercial lenders, savings and loan associations, savings banks, and credit unions that are regulated, supervised, or insured by federal agencies such as the Federal Reserve. Depending on your mortgage status, there may be a need to purchase flood insurance based on a parcels location within an identified floodplain. Can the County modify the FIRM to take my property out of a Special Flood Hazard Area? Unfortunately we are unable to provide this service. In order to amend a FIRM, a property owner would have to initiate the process with FEMA. If a property owner thinks their property has been inadvertently mapped in a Special Flood Hazard Area, they may submit a request to FEMA for a Letter of Map Change (LOMC). As a reminder a SFHA is defined as the area that will be inundated by the 343 flood event having a 1-percent chance of being equaled or exceeded in any given year. A LOMC reflects an official revision/amendment to an effective FIRM. If the LOMC request is granted, property owners may be eligible for lower flood insurance premiums or the option to not purchase flood insurance. Applicants can now use the Online LOMC, an internet-based tool, to easily request a Letter of Map Amendment (LOMA). A LOMA is a letter from FEMA stating that an existing structure or parcel of land - that is on naturally high ground and has not been elevated by fill - would not be inundated by the base flood. This new tool is a convenient way for applicants to upload all information and supporting documentation and check the status of their application online. For more information please utilize the following link: https://www.fema.gov/change® flood®zone®designation®online®letter®map®change What is a Flood Insurance Study (FIS)? A Flood Insurance Survey (FIS) is a compilation, analysis, and presentation of flood risks for water features (i.e. streams, rivers, lakes, etc.) within a given community. The completed study contains detailed flood elevation data for use by local communities in development of floodplain management standards as well as serving as a central information source in the creation of a Flood Insurance Rate Map (FIRM). What `data' is utilized is preparing a FIS? In preparing a FIS there is a multitude of data collected and reviewed. This includes, but is not limited to: 1. Rainfall data. 2. Hydrologic Analyses — including the identification of water surface elevations on water features as well as studies outlining the amount of water flowing in a given water feature during storm and flood events. 3. Discharge rates of water features — the identification of the water flow or carrying capacity of a given water feature. This would include review of existing topographical maps/data in and around a water feature, review of rain gage data, and soil information to ascertain water infiltration rates. 4. Existing stormwater infrastructure (i.e. culverts, drainage ditches, etc.) in a given area. 5. Review of the composition, including the height, width, depth, and slope, of a water feature. 6. Historical flood events. Who prepares a FIS? 344 Typically, a FIS is prepared by the Federal Emergency Management Agency (FEMA). In this instance the new FIS for Orange County was produced through a unique cooperative partnership between the State of North Carolina and FEMA. The State and FEMA have entered into a Cooperating Technical State (CTS) agreement to produce and maintain the FIS report as well as accompanying digital copies of the Flood Insurance Rate Map (FIRM) for North Carolina. What exactly is a Flood Insurance Rate Map (FIRM)? A FIRM is an official map of a community displaying the floodplains, more explicitly special hazard areas and risk premium zones, as delineated by FEMA. The FIRM is the basis for floodplain management, mitigation, and insurance activities in the National Flood Insurance Program (NFIP). FIRMs are constantly being updated due to changes in geography, construction, mitigation activities, and meteorological events. As a result it is beneficial for individuals to reach out to the County floodplain manager to verify the current 'status' of a given property with respect to an accurate determination on compliance with floodplain regulations. What do FIRMs display? A FIRM will generally show: 1. Roads and map land marks, 2. A community's base flood elevations, 3. Flood zones, 4. Floodplain boundaries — areas having a 1-percent (1%) annual chance of flooding (commonly referred to as the 100-year flood) and areas having a 0.2- percent (0.2%) annual chance of flooding (commonly referred to as the 500-year flood). As a general note, areas that fall within the 1% (i.e. 100-year flood) boundary are called special flood hazard areas (SFHAs) and they are further divided into insurance risk zones. So if property is shown on a FIRM as being located within an area having a 1- percent (1%) annual chance of flooding does that mean it will only flood 1 in 100 years? Unfortunately, no. This is a common misconception. This area has a 1% chance of flooding to identified levels depicted on the FIRM in any given year. It is not meant to indicate that a flood will reach identified levels once every 100 years. How are FIRMs used? 345 They are used in planning, in the insurance industry, and by individuals to avoid moving into a home at risk of flooding or to develop a better understanding of the steps that they can take to protect their property from damage during flood events. FIRMs are also used to set rates of insurance against risk of flood and whether buildings are insurable at all against flood. It is similar to a topographic map, but is designed to show floodplains. Will the proposed amendments impact farm operations? The County has always had the authority to enforce floodplain management standards on properties classified as a farm operation with respect to development within the floodplain (i.e. we can prevent the erection of structures within flood hazard areas). The proposed amendments, however, will not impact grazing or crop production within identified floodplain. Further the County cannot enforce the floodplain buffer as detailed in Section 6.13 of the Unified Development Ordinance (UDO) on a bona fide farm. Will the elimination of the Special Flood Hazard Area Overlay District negatively impact the County's flood management program? There should be no impact. Flood data will still be displayed on County GIS system(s) which can be viewed at: https:ff is.oran ecountync. ov:8443foran e CGISfdefault.htm. Will these amendment(s) alter the County's floodplain management outreach program? No. Staff will continue to send annual letters to local property owners outlining the services we offer as part of our floodplain program. Staff can provide assistance: Please note being located in or near identified floodplain does not inherently mean you cannot develop your property. There are steps you can take to mitigate your risk and, at the same time, ensure compliance with applicable flood regulations. If you are thinking about engaging in land disturbing activity on your property for any reason (i.e. building a new structure, grading, removing trees, etc.) you should first consult the Planning Department to understand what issues, if any, the project may create. Staff will be more than happy to schedule a formal meeting with you, on site, to discuss specific flood issues associated with your property and identify opportunities to correct or prevent flood damage. A breakdown of the services we offer, with respect to understanding and identifying flood issues on your property, can be accessed 346 at: http://www.orangecountync.gov/departments/planning and inspections/floodplain m anagement.php. 347 ORANGE COUNTY BOARD OF COUNTY COMMISSIONER QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: November 14, 2017 Action Agenda Item No. D.3 SUBJECT: Unified Development Ordinance (UDO) Amendments — Revisions to the 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 2. Statement of Consistency Ashley Moncado, Planner II, 919-245-2589 3. Proposed Amendments 4. Approved October 4, 2017 Planning Board Minutes and Signed Statement of Consistency 5. Draft November 1, 2017 Planning Board Minutes PURPOSE: To hold a public hearing on a Board of County Commissioners (BOCC) initiated text amendment to the Unified Development Ordinance (UDO) 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, 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. 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 Orange County property owners, residents, and developers. 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 this amendment. Proposed text amendment language can be found in Attachment 3 within a "track changes" format. Additionally, amendments to the Planning Board's Policies and Procedures document are necessary and these revisions are also part of Attachment 3. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 2 and proposed amendment package contained in Attachment 3. 348 Planning Board Recommendation: At its October 4, 2017 meeting, the Board voted unanimously to recommend approval of the Statement of Consistency and UDO amendment package. Draft minutes from this meeting are included in Attachment 4. Agenda materials from the October 4, 2017 Planning Board meeting can be viewed at: http://www.oranclecountync.gov/10042017AgendaPacket pdf. The proposed amendment, as deemed legally sufficient by the County's Attorney office and as recommended for approval by the Planning Board, is contained in Attachment 3. The Planning Board considered the proposed amendments to its Polices and Procedures document on November 1, 2017 and voted unanimously to recommend approval of the amendments to this document. Agenda materials from the November 1 meeting can be viewed at: http://www.oran ecountync. ov/11.1.17PIanninp oardA endaPacket.pdf. Draft minutes from this meeting are included in Attachment 5. 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 consequences resulting from industrial, governmental and commercial operations or policies. 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. d. Deny the proposed amendments. (Note: Section 2.2.8 Effect of Denial on Subsequent Applications of the UDO states that no application for the same or similar amendment may be submitted for a period of one year. The one year period begins on the date of denial.) Attachment 1 349 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 350 Commissioners has 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 14, 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 351 a. Planning Board Review: October 4, 2017 - Recommendation to the BOCC b. Advisory Boards: c. Local Government Review: The proposed amendment package No comments have been received. was submitted to the JPA Partners for review and comment on September 14. 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 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. D. AMENDMENT IMPLICATIONS The amendment will remove the requirement of having Quarterly Public Hearings. E. SPECIFIC AMENDMENT LANGUAGE See Attachment 3 Primary Staff Contact: Ashley Moncado, AICP Planner II (919) 245-2589 amoncado @orangecountync.gov 352 Attachment 2 STATEMENT OF APPROVAL AND 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) in order to make revisions to the public hearing process. The Board of County Commissioners hereby approves the proposed text amendment and 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. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal by expediting the development review process, reducing delays, and eliminating challenges for residents and applicants. These amendments assist in creating a review process that is more efficient, accessible, and responsive to County residents c. The amendment is reasonable and in the public interest because it: 1. Improves the development review process for land use items requiring a public hearing. These amendments eliminate potential delays and challenges for the public allowing for an improved review process which is more efficient and reasonable for Orange County residents, leadership, and staff. The Board of County Commissioners hereby adopts this Statement of Approval and Consistency and findings expressed herein. Mark Dorosin, Chair Date Attachment 3 353 Ordinance # ORD-2017-025 AN ORDINANCE AMENDING THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE Whereas, Orange County has initiated amendments to its Unified Development Ordinance (UDO) to make desired revisions to the existing public hearing process for review of UDO, Comprehensive Plan, and Zoning Atlas-related items, and Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and Whereas, Orange County has initiated amendments to the Planning Board Policies and Procedures, 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 Orange County Unified Development Ordinance 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 adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2017. 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 , 2017 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 , 2017. SEAL Clerk to the Board of Commissioners 354 UNIFIED DEVELOPMENT ORDINANCE AMENDMENT PACKET NOTES: The following packet details the proposed text amendment regarding revisions to the public hearing process. The amendment package will modify Sections 1.6, 2.3, 2.7, 2.8, 5.10, and 10.1 of the Unified Development Ordinance (UDO). 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. • Red Strikethrough Tex : Denotes existing text that staff is proposing to delete from the UDO. 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 that regulates land use and development in Orange County. The full UDO is available online at: http://orangecountync.gov/planning/Ordinances.asp. Article 1: Administrate Section 1.6: Planning Board (C) Each Township within the County shall be represented in the membership of the Board by at least one resident. (D) The Board of County Commissioners may by resolution establish rules related to the requirements for volunteer service on the Planning Board, appointment and removal of Planning Board members, and rules of procedure. (E) In establishing the Planning Board and its program, the Board of Commissioners intends that the Planning Board be guided by the following principle: (1) The Comprehensive Plan, and any ordinances or other measures to effectuate it, shall be made with the general purpose of guiding and accomplishing a coordinated, and harmonious development of the County which will, in accordance with present and future needs, best promote health, safety and the general welfare, as well as efficiency in the process of development; including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of populations, the promotion of good civic design, wise and efficient expenditure of public funds, and adequate provision of public utilities, services, and other public requirements, and conservation of significant natural and man-made resources within the County. 1.6.2 Tenure and Membership Expectations (A) The tenure of office shall be three years. Members are eligible for reappointment for a second consecutive full term. After two consecutive terms a member shall be ineligible for reappointment for one year after the expiration of the previous terms. (B) Appointments shall be made so that one-third of the terms expire in March of each calendar year. (C) Appointments made to fill vacancies shall be for the unexpired term and shall not be counted as a term in determining eligibility for reappointment. (D) A member whose term has expired shall continue to serve on the Board until his/her respective successor has been appointed. (E) Attendance at the regular meetings of the Board and at quarterly public hearingsPublic Hearings shall be considered a prerequisite for maintenance of membership on the Planning Board. The Board of County Commissioners may declare a vacancy on the Planning Board because of a member's non-attendance, in accordance with the Planning Board Rules of Procedure. (F) Absence due to sickness, death of an immediate family member or similar reason shall be considered approved absences and shall not affect the member's status. In the event of long illness or other cause for prolonged absence, the member shall be replaced. (G) The Board of County Commissioners may by resolution establish rules related to tenure and membership expectations. If the terms of such resolution, or policy created thereby, conflict with the terms of this section 1.6.1 or 1.6.2 the terms of the resolution or policy shall control. 1.6.3 Duties As provided for in 153A-321 of the General Statutes of North Carolina, as amended, the Planning Board shall have the following general Powers and Duties: (A) Make studies of Orange County and surrounding areas; (B) Determine objectives to be sought in the development of Orange County; (C) Propose and recommend plans for achieving these objectives; (D) Develop and recommend policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner; Orange County, North Carolina—Unified Development Ordinance Page 1-11 Article 2: Procedure b� Section 2.3: Comprehensive Plan Amendments 2. .• Manner of Review - ••lications requiring a public hearing shall reviewed using either a legislative process or a qua . .udicial process as follows: (A) prehensive Plan am= dments — legis : ive (B) Special U P- its —quasi-judicial Comprehensive Application (C) Zoning as an: Unified Development Plan Submittal Or..-ance amend - is — legislative Amendments (D) Conditional Use District UD)—rezoning I I portion is legislative; Specia se Permit portion is quasi-judicial Text Future Land IUse Map (E) Conditional Zoning District (CZD) - legislative Post Sign /Mail Notice for SECTION 2.3: COMPREHENSIVE PLAN Planning Board Meeting AMENDMENTS and Public Hearing 2.3.1 Review and Approval Flow Chart • 1 The review and approval process for Development Advisory Comprehensive Plan Amendments is shown in the Committee Meeting procedure's flowchart. I 2.3.2 Generally Staff Recommendation to (A) The Comprehensive Plan shall be so Planning Board prepared that all or individual elements and 1 parts thereof may be adopted and/or amended by the Board of Commissioners. Planning Board Review (B) For the purpose of establishing and and Recommendation maintaining sound, stable, and desirable development within Orange County, the • Comprehensive Plan or portion thereof shall not be amended except as follows: Publish Legal Ad (1) Because of changed or changing (Both Amendment Types) conditions in a particular area or areas of the County; • (2) To correct an error or omission; or Staff and Planning Board (3) In response to a change in the Recommendation to BOCC policies, objectives, principles or standards governing the physical development of the County. Public 2.3.3 Initiation of Amendments Hearing (A) An amendment to the Comprehensive Plan 1 or portion thereof may be initiated by: BOCC Decision (1) The Board of Commissioners on its own motion; (2) The Planning Board; Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. Orange County, North Carolina—Unified Development Ordinance Page 2-4 Article 2: Procedure Section 2.3: Comprehensive Plan Amendments (3) Application, by any person or agency, which accurately and completely sets forth the reason(s) for the proposed amendment as prescribed in Section 2.3.2(B); or (4) The Planning Director. (B) Once initiated, all amendments shall be referred to the Planning Board. 2.3.4 Public Hearing Required A public hearing shall be held before adoption of any proposed Comprehensive Plan amendment. The Board of County Commissioners shall hear applications and receive public comment for proposed Comprehensive Plan amendments in a Quarterly Public Hearing. 2.3.5 Notice Requirements for Planning Board Meetings and Public Hearings (A) The Planning Director shall provide notice of Planning Board meetings at which the Planning Board is to review and make a recommendation on Future Land Use Map amendments and Quarterly Public Hearings at which an amendment to the Future Land Use Map is to be reviewed. Notifications of proposed Future Land Use Map amendments shall occur as follows: (1) Notice of the Planning Board meeting and public hearing shall be posted on the affected parcel or on an adjacent public right of way a minimum of ten days prior to the Planning Board meeting. Said notice shall contain the time and location of both the Planning Board meeting and public hearing. (a) When multiple parcels are affected, a posting on each individual parcel is not required, but sufficient notices shall be posted to provide reasonable notice to interested persons. (2) Written notice of the Planning Board meeting and public hearing shall be sent by first-class mail to all property owners, as listed in the Orange County tax records, whose property is affected or within one thousand feet of the affected parcel(s). Said notice shall be mailed at least 15 days prior to the date of the Planning Board meeting and shall include the times and locations of both the Planning Board meeting and public hearing. The outside of the envelope or postcard shall be marked "Notice of Public Hearing." (B) The Planning Director shall provide public notice for any Comprehensive Plan amendment to be heard at a Quarterly Public Hearing. The notice shall include the time and location of the public hearing. (C) For all proposed amendments, notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. (1) This notice shall appear in said newspaper for two consecutive weeks with the first notice appearing not less than ten days nor more than 25 days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (2) The minimum published size of the notice shall be 25 square inches. 2.3.6 Consideration of Amendments (A) A proposed amendment may be considered in conjunction with a rezoning request for the same property. 2.3.7 Application Requirements (A) Generally (1) All applications for amendments to the Comprehensive Plan shall be submitted on forms supplied by the Planning Department and shall be signed. Orange County, North Carolina—Unified Development Ordinance Page 2-5 Article 2: Procedure q Section 2.3: Comprehensive Plan Amendments (2) Three copies of the application shall be submitted to the Planning Director. (3) Before accepting any amendment application, the Planning Director shall ensure that it contains all required information, as specified in this Ordinance. Applications which are not complete, or otherwise do not comply with the provisions of this Ordinance, shall not be accepted by the Planning Director, but shall be returned to the applicant, with a notation by the Planning Director of the deficiencies in the application. (B) Contents of Application Applications for amendments to the Comprehensive Plan, without limiting the right to file additional material, shall contain at least the following: (1) For amendments to the Future Land Use Map within the Land Use Element, a map at a legible scale adequately illustrating the land which would be covered by the proposed map amendment, and a complete list of Property Identification Numbers (PIN)for the properties; (2) For amendments to the Comprehensive Plan text, a copy of the existing text provision(s)which the applicant proposes for amendment, and a written statement which describes in detail changes which the applicant proposes to make to the text of the Comprehensive Plan and the rationale for the proposed amendment consistent with the standards established in this Ordinance; and (3) All other circumstances, factors and reasons which the applicant offers in support of the proposed Comprehensive Plan amendment. 2.3.8 Analysis and Recommendation The Planning Director shall 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. 2.3.9 Planning Board Review (A) The Planning Board shall allow public comments at its meeting and those comments shall be taken into consideration by the Planning Board in making its recommendation. (B) The Planning Board shall review and comment on applications and shall make one of the following recommendations prior to the quarterly public hearingPublic Hearing: (1) Recommend approval, (2) Recommend denial, (3) Recommend approval but with specified changes. (4) Recommend the Planning Board be given extended time to consider the matter. (C) Should the Planning Board fail to make a recommendation prior to the hearing Public Hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. 2.3.10 Action by Board of County Commissioners (A) The Board of County Commissioners shall hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application within 30 days of its referral. (B) After the Board of County Commissioners closes the public hearing, the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date, or (2) make a decision. Orange County, North Carolina—Unified Development Ordinance Page 2-6 Article 2: Procedure Section 2.7: Special Use Permits (2) The name(s) Special Use Application and Permit Submittal address(es)of the owner(s) of the property Staff Review/ involved. Analysis Begins (3) Relevant information needed to show Y V compliance with the Class B SUP: Schedule Class A SUP: Schedule NIM, general and NIM, DAC & Board of DAC, Planning Board meeting & specific Adjustment quasi- specific quasi-judicial hearing standards judicial hearing governing the 4' Special Use (See Articles 5 Post Sign & Mail Notice for and 6). Post Sign & Mail Neighborhood Information (4) For Class A Notice for Meeting (NIM) & Planning Special Uses Neighborhood Board meeting 26 copies of Information t the site plan, Meeting (NIM) and for Class Neighborhood B Special Y Information Meeting Uses 10 copies of the Neighborhood site plan, Information prepared by a Meeting Development registered Advisory North Carolina Committee (DAC)lir land surveyor, Meeting landscape Development architect, Advisory • architect, or Committee (DAC) engineer, Meeting Planning Board for which shall review and contain the lir recommendation information Publish Legal Ad, Post listed in Sign & Mail Notice for lir Section 2.5. Public Hearing Publish Legal Ad, Post (5) If the Sign & Mail Notice for application . Public Hearing involves a 4, Preliminary BOA holds quasi- Subdivision judicial hearing BOCC holds quasi-judicial Plat, 26 copies hearing at of the Plat gPublic Hearing prepared in accordance Board of 1 with Section Adjustment 7.14 shall be decision BOCC decision provided. Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. Orange County, North Carolina—Unified Development Ordinance Page 2-17 Article 2: Procedure Section 2.7: Special Use Permits (D) The chair or presiding officer may take whatever action is necessary to limit testimony to the presentation of new factual evidence that is material to the application, to ensure fair and orderly proceedings, and to otherwise promote the efficient and effective gathering of evidence. Such actions may include: (1) Barring the presentation of obvious hearsay evidence, (2) Barring the presentation of non-expert opinion, (3) Interrupting digressions into immaterial testimony, (4) Interrupting repetitive testimony, (5) Reasonably limiting the time allotted each witness or cross-examination, (6) Providing for the selection of spokespersons to represent groups of persons with common interests, (7) Interrupting personal attacks, and/or (8) Ordering an end to disorderly conduct. (E) Where the Board finds compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless the Board shall also find, in some specific manner, that: (1) the use will not maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. (F) Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare shall have the burden of establishing, by competent material and substantial evidence, the specific manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. 2.7.9 Review and Decision (A) For Class A Special Use Permits, the following shall apply: (1) All applications shall be referred to the Planning Board for review and recommendation after the Neighborhood Information Meeting but prior to the public hearing. (2) The Planning Board shall make a recommendation and proposed findings of fact on the application, including the findings required in Section 5.3.2 of this Ordinance. The Planning Board's action on an application shall be one of the following: (a) Recommend approval based on proposed findings of fact, (b) Recommend denial based on proposed findings of fact, (c) Recommend approval based on proposed findings of fact but with specified conditions. (3) Should the Planning Board fail to make a recommendation prior to the public hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. (4) The Board of County Commissioners shall review the application during a meeting designated as a Quarterly Public Hearing. (5) All evidence shall be submitted during the public hearing. If additional evidence is requested by the Board of County Commissioners during a hearing which must be submitted at a later date, the hearing shall be continued to a date/time certain in order to receive the additional evidence. Orange County, North Carolina—Unified Development Ordinance Page 2-20 Article 2: Procedure Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments (1) A copy of the Zoning Atlas and Application existing text UDO Amendments Submittal provision(s) which the applicant proposes for amendment, Cext Amendments and Zoning Atlas: Zoning Atlas: Conditional General Use (2) A written \ Districts / \ Zoning Districts statement \ / which 1 describes in detail the Post Sign /Mail Notice for changes the Neighborhood Info. Meeting applicant (NIM) and Planning Board proposes to Meeting make. • (C) The alleged error in • Post Sign /Mail Notice the Zoning Atlas and/or Unified Neighborhood for Planning Board Development Information Meeting Meeting Ordinance text that would be corrected by the proposed Development Advisory • amendment with a detailed explanation Committee Meeting of such error in the Zoning Atlas and/or Unified Development Staff Recommendation to text and detailed Planning Board reasons how the proposed amendment will correct the alleged error; Planning Board Review and Recommendation (D) The changed or changing conditions, if any, in the area or Atlas Amendments: Text in the County Publish Legal Ad Amendments: generally, which Post Sign Publish Legal Ad makes the proposed Mail Notice Zoning Atlas and/or • • Unified Development Ordinance text Staff and PB Recommendation amendment to BOCC reasonably necessary to promote the public I health, safety and Quarterly Public Hearing general welfare; (E) The manner in which the proposed Zoning BOCC Decision Atlas and/or Unified Development Ordinance text Note: This chart is meant as a graphical representation of the amendment will carry UDO text;the text shall take priority in any conflict or ambiguity. out the intent and purpose of the Orange County, North Carolina—Unified Development Ordinance Page 2-25 Article 2: Procedure Section 2.8: Zoning Atlas and Unified Development Ordinance Amendmen's adopted Comprehensive Plan or part thereof; and (F) A traffic impact study as required by Section 6.17. (G) For amendments to the Special Flood Hazard Area Overlay District, pertaining to a Letter of Map Amendment: (1) An elevation certificate with either an MT-1, MT-2, or MT-EZ (forms available through FEMA), or (2) A"No-Impact" analysis for a Letter of Map Revision. (H) All other circumstances, factors and reasons that the applicant offers in support of the proposed Zoning Atlas and/or Unified Development Ordinance text amendment. 2.8.4 Applications for Amendment—Joint Planning Area Applications for amendments to the Orange County Unified Development Ordinance and Zoning Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development Ordinance (and Zoning Maps) and/or the Carrboro Land Use Ordinance (and Zoning Maps) shall be processed as specified herein and as specified in the Joint Planning Agreement adopted November 2, 1987, and as amended from time to time. Any text amendments adopted by Orange County shall be adopted by reference as though fully set forth herein. Any map amendments adopted by Orange County shall be officially denoted on the County Zoning Atlas. Where there is inconsistency between the amendment procedures contained herein and those contained in the Joint Planning Agreement, the provisions of the Joint Planning Agreement shall apply. 2.8.5 Review, Analysis and Recommendation (A) The Planning Director shall 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. (B) Applications for agricultural support enterprise uses located within the Rural Buffer land use classification, as depicted on the Future Land Use Map of the adopted Comprehensive Plan, shall be forwarded to the County's Agricultural Preservation Board for review and comment. (1) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (2) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE-CZ zoning district, as detailed within Section 5.2.3 of this Ordinance. 2.8.6 Public Hearing Required A public hearing shall be held before adoption of any proposed Zoning Atlas Amendment and/or text amendment to this Ordinance. The Board of County Commissioners shall hear applications and receive public comment for Zoning Atlas amendments and/or text amendments to this Ordinance in a Quarterly Public Hearing. 2.8.7 Notice Requirements for Planning Board Meetings and Public Hearings (A) The Planning Director shall provide notification of Planning Board meetings at which the Planning Board is to review and make a recommendation on Zoning Atlas amendments. Notifications shall be mailed and posted for the Planning Board meeting in the same manner as for the public hearing, as detailed in (C) and (D) below. The notice shall include the time and location of the Planning Board meeting. The outside of the envelope or postcard shall be marked "Notice of Planning Board Meeting." Orange County, North Carolina—Unified Development Ordinance Page 2-26 Article 2: Procedure Section 2.8: Zoning Atlas and Unified Development Ordinance Amendmen's (B) The Planning Director shall cause notice of the public hearing to review the application and receive public comment to be published at least twice in a newspaper of general circulation in the county, stating the time and place of the hearing and the substance of the proposed amendment. (1) Said notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten days nor more than 25 days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (C) For amendments to the Zoning Atlas, the Planning Director shall post on the affected property a notice of the public hearing at least ten days prior to the date of said hearing. (D) For amendments to the Zoning Atlas, written notice shall be sent by certified mail to the affected property owner and by first class mail to all adjacent property owners at least 15 days, but not more than 25 days, before the public hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property lies within one thousand feet of the affected property. The outside of the envelope or postcard shall be marked "Notice of Public Hearing." (E) The Planning Director shall certify the mailing of all notices to the Board of County Commissioners. 2.8.8 Planning Board Review (A) The Planning Board shall allow public comments at its meeting and those comments shall be taken into consideration by the Planning Board in making its recommendation. (B) The Planning Board's action on an application shall be one of the following: (1) Recommend approval, (2) Recommend denial, (3) Recommend approval but with specified changes, or (4) Recommend the Planning Board be given extended time to consider the matter. (C) In making its recommendation, the Planning Board shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan or any other officially adopted plan that is applicable, and briefly explain why the board considers the action taken to be reasonable and in the public interest. (D) Should the Planning Board fail to make a recommendation prior to the hearing Hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. 2.8.9 Action by Board of County Commissioners (A) The Board of County Commissioners shall hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application within 30 days of its referral. (B) After the Board of County Commissioners closes the public hearing, the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date, or (2) make a decision. (C) In making its decision, the Board of County Commissioners shall consider adopted plans, comments made at the public hearing, the Planning Board's recommendation, and the Planning Director's recommendation. The Board of County Commissioners shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan or any other officially adopted plan that is applicable, and briefly Orange County, North Carolina—Unified Development Ordinance Page 2-27 Article 5: Usm Section 5.10: Standards for Telecommunication Facilities 5.10.2 Master Telecommunications Plan ("Plan") (A) The Plan is intended to assist providers in their search for suitable locations to build their service network. The County may develop the Plan (map), which would display locations within the County's zoning jurisdiction where property owners have expressed formal, written, interest in allowing construction of telecommunications equipment. (B) Information that may be shown on the base Plan will include, but not limited to: (1) Existing towers, (2) Major transmission lines, (3) County-defined Natural Areas, (4) Historic properties, (5) Scenic corridors, (6) Known bird migratory patterns through the County, (7) Voluntary Agricultural Districts, and (8) Publicly-owned or quasi-public lands. (C) In order to participate in the Plan, all owner(s), or their legally binding representatives, shall submit an application on a form prepared by the Planning Department requesting inclusion. (D) All telecommunication providers who elect to construct facilities on properties in the Plan shall provide all necessary and requested information to the County's telecommunications consultant. (E) Modification of the Plan may be considered annually at the first Quarterly Public Hearing of the calendar year, normally held in February. Any applicant requesting modification of the Plan shall make application to the Planning Director on or before December 1st of each year. The fee for modifying the Plan shall be that as set forth in the Orange County Schedule of Fees. (F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a notarized statement requesting same. Upon receipt of the request, including any fee for modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning Director shall inform interested parties that the property has been withdrawn from consideration. Removal of the property from the Plan shall be processed as a modification as detailed herein. 5.10.3 Annual Telecommunications Projection Meeting (ATPM) (A) Purpose and Outcome (1) The purpose of the ATPM meeting is to allow for a complete review of collocation opportunities, address coverage issues, and discuss the location of needed telecommunication support structures with providers who intent on submitting development applications for action by the County. The intended outcome of the meeting is to allow the County and interested parties to develop a plan for facility deployment within the County that provides reasonable coverage based on the needs of the County and its residents, while minimizing the total number of needed telecommunication support facilities, including minimizing the intrusiveness of such facilities, and encouraging the development of a more efficient telecommunication network. (2) The intended outcome of the meeting is an understanding amongst the Planning Director and providers on areas of the County where telecommunication support facilities are needed and application request for the year should be focused. (B) Applicability Orange County, North Carolina—Unified Development Ordinance Page 5-94 Article 10: Definition Section 10.1: Definitions Photovoltaic (PV) Technology that converts light directly into electricity. Portable Building A building not intended for residential use consisting of one or more modules constructed off the ultimate site of use and transported to that site. Post-FIRM Development for which construction started on or after March 16, 1981. Pre-FIRM Development for which construction started before March 16, 1981. Premises A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as a unit of real estate. Principally Above Ground Structure A structure whereby at least 51% of the actual cash value of the structure is located above ground. Principal Structure Any building or other structure occupied or used for the purpose of conducting the principal use of the property. Principal Use A use which falls under one of the categories listed in the Table of Permitted Uses, which is the primary and chief purpose for which a lot is used. Professional Services Establishments that specialize in performing professional, scientific, and technical activities for others. Examples include, but are not limited to, the following: accountants, architects, attorneys, dentists, doctors, engineers, real estate agents, and veterinarians. Public Body Any government or governmental agency of the Orange County, the State of North Carolina, or the United States of America. Public Hearing A hearing opened at any regular meeting of either the Board of County Commissioners or the Board of Adjustments. Public Interest Area Land which contains public or quasi-public uses such as state parks, research forests or known archaeological or historical sites. Public Safety Hazard and/or Nuisance Anything, which is injurious to the safety or health of an Orange County neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Public Vehicular Areas Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to the public and where the offer for dedication has not been accepted. Recreation Space Orange County, North Carolina—Unified Development Ordinance Page 10-33 366 PROPOSED AMENDMENTS TO THE PLANNING BOARD POLICIES AND PROCEDURES 367 APPROVED 11/8/2012, AMENDED 11/5/2015 PLANNING BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1 . To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Planning Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to Orange County Board of Commissioners. B. Authority 1 . North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Planning Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1 . The charge of the Planning Board is contained in Section 1 .6.3 of the Orange County Unified Development Ordinance. The purpose for which the Planning Board was formed: to serve in an advisory capacity to the Orange County Board of Commissioners in regards to planning, zoning, and subdivision matters, as provided in Section 1 .6.3 of the Orange County Unified Development Ordinance. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Planning Board shall carry out the duties contained in Section 1 .6.3 of the Orange County Unified Development Ordinance to the best of its ability. B. Objectives 1 . Acting under the directives of the Board of County Commissioners and with County staff, the Planning Board shall pursue the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance. SECTION III: MEMBERSHIP 368 APPROVED 11/8/2012, AMENDED 11/5/2015 A. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards and to appoint members to and remove members from those advisory boards. In acting on this authority the Orange County Board of Commissioners hereby establishes certain general conditions to which applicants and members of advisory boards should conform. B. Composition 1. Planning Board composition is detailed in Section 1.6.1 of the Orange County Unified Development Ordinance. Additional membership requirements are listed in said Section of the UDO. 2. The Planning Board does not have alternate members. C. Chair, Vice Chair, and Secretary 1. The Planning Board shall elect by majority vote a Chair and Vice Chair from among its members at the regular meeting in January of each year. 2. Chair and Vice Chair terms of office shall correspond to the requirements of the Orange County Advisory Board Policy. 3. The Secretary of the Planning Board shall be the Planning Director or his/her designee. 4. The Chair and Secretary shall ensure that each Planning Board member is presented with a copy of the Planning Board's charge, scope of authority, membership responsibilities, and code of conduct when the Planning Board member is appointed to the Planning Board. 5. If requested by the Board of County Commissioners Chair, the Th Planning Board Chair, or Vice Chair in the Chair's absence, shall attend quartcrly public hearings and Board of County Commissioners meetings at which a decision is scheduled for items on which the Planning Board has made a recommendation. SECTION IV.MEETINGS A. Staffing 1. The Planning Director shall perform the duties set forth in Section 1.6.4 of the Orange County Unified Development Ordinance. B. Agendas 1. Items for agendas shall be approved by the Planning Board Chair and staff. 2. The designated staff will develop and distribute to each member an agenda listing the matters to be considered at upcoming advisory 369 APPROVED 11/8/2012, AMENDED 11/5/2015 board meetings. The regular meeting agenda and materials shall be distributed at least seven (7) calendar days before the regular meeting C. Date, Time, and Location of Regular Meetings 1 . Regular Meetings of the Planning Board shall be held on the first Wednesday of each month. The start time and location of the meeting shall be included on the agenda and shall typically be 7:00 p.m. at the Orange County West Campus Office Building located at 131 West Margaret Lane, Hillsborough. The Planning Board Chair, in consultation with staff, shall have the authority to change the start time and location of a regular meeting to meet any special circumstances, provided the information is included on the distributed agenda. D. Notice of Meetings 1 . Notice of regular Planning Board meetings and agendas shall be made available to all members and interested parties, and to any person who requests such notice, at least seven (7) days in advance of the meeting by e-mail and by posting on the Orange County government website. 2. Notice of public hearings shall conform to the notice requirements of Section 2.3.6 and/or 2.8.7, as applicable, of the Orange County Unified Development Ordinance. 3. Agenda materials for public hearings shall be distributed to Planning Board members and posted on the Orange County government website for interested parties a minimum of ten (10) calendar days prior to the public hearing. E. Quarterly Public Hearings 1. Planning Board members shall be are eVY1ected encouraged to attend the quarterly public hearings held by the Board of County Commissioners for items the Planning Board has reviewed. The datcs of said hcarings are may result in removal from the Planning Board, as detailed in Section III.H of the Orange County Board of County Commissioners Advisory Board Policy. F. Neighborhood Information Meetings 1 . Planning Board members shall be encouraged to attend Neighborhood Information Meetings (NIMs) for Class A Special Use Permits and Conditional Zoning Districts. At-Large members and members representing the Township in which a particular development project is proposed are specifically encouraged to attend the NIM. 2. Planning Department staff shall keep Planning Board members informed 370 APPROVED 11/8/2012, AMENDED 11/5/2015 of upcoming Class A Special Use Permit and Conditional Zoning District NIMs via e-mailed messages. Said e-mail messages shall be sent to Planning Board members on the same date, or shortly after, the notifications are mailed to adjacent property owners. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Orange County Staff to familiarize the advisory board members with the operation of County government, the Planning Department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI.BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Planning Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Planning Board determine modifications to policies and procedures are necessary the Planning Board may petition the Board of County Commissioners for such modifications. 371 Approved 11/01/2017 Attachment 4 1 Excerpt of Minutes MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 OCTOBER 4,2017 4 REGULAR MEETING 5 6 7 MEMBERS PRESENT: Lydia Wegman (Chair),At-Large Chapel Hill Township Representative; Tony Blake (Vice-Chair), 8 Bingham Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large 9 Chapel Hill Township; Buddy Hartley, Little River Township Representative; Kim Piracci, At-Large; Township; 10 Alexander Gregory, Chapel Hill Township Representative; David Blankfard, Hillsborough Township Representative; 11 12 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Andrea Rohrbacher, At-Large Chapel Hill 13 Township; Donna Coffey, Cedar Grove Township Representative; 14 15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Tom Altieri, 16 Comprehensive Planning Supervisor; Ashley Moncado, Planner II; Patrick Mallett, Planner II; Meredith Kern, 17 Administrative Assistant II; 18 19 ***** 20 21 AGENDA ITEM 10: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — PUBLIC HEARING 22 REVISIONS-To make a recommendation to the BOCC on government-initiated amendments 23 to the UDO pertaining to public hearings. This item is scheduled for the November 2017 24 quarterly public hearing. 25 PRESENTER: Craig Benedict, Planning Director 26 27 Craig Benedict reviewed the abstract. He said that this amendment covers revisions to the public hearing process. In 28 conversations with the BOCC on September 7, 2017, members thought that there could be a better way to streamline 29 the process for development proposals to be heard and for additional public input that would move away from the 30 structure of quarterly public hearings. They recommended that the quarterly public hearing dates be removed from 31 future calendars and that land use related items be placed on regular meeting agenda. This new process has the 32 potential for 12 to 15 meetings a year where items could be heard. The BOCC instructed the Planning Department to 33 remove references in the UDO of "quarterly public hearing" and change the text to "public hearing." As Michael 34 Harvey was saying earlier, if someone was not able to meet the requirements for a quarterly public hearing, the 35 applicant will have another opportunity at the next public hearing. This will streamline and make the process quicker. 36 Staff has gone through the UDO and removed the word "quarterly" from "quarterly public hearing." This text 37 amendment item is up for a vote tonight. Additionally, Mr. Benedict went over updated Rules of Procedure for the 38 Planning Board. In the Rules of Procedure outline, there is reference to quarterly public hearings and attendance at 39 quarterly public hearings. He asked for the Board's input into this topic tonight and that the issue be considered for a 40 vote at the Planning Board's meeting next month. He reiterated that the primary topic of the discussion tonight is still 41 the proposed ordinance change. In regards to quarterly public hearings in the Planning Board's Rules of Procedure, 42 Staff recommends that Planning Board members now be expected to attend BOCC meetings that related to Planning 43 Board responsibilities. Does that mean that members need to attend all of the meetings? No, it does not. There is 44 also a line in this section that says failure to attend quarterly public hearings could result in removal from the Board, 45 but since there will be more meetings, what would be the recommended change here, since there are more public 46 hearings than before? He looked to members for guidance. How many minimum BOCC meetings would members 47 like attend a year? There does not have to be as much language emphasizing mandatory attendance. The point is 48 that there be some mechanism so that members do not divest themselves of ever attending a public hearing with the 49 BOCC. 50 51 Lydia Wegman asked if this only references government-initiated amendments to the UDO. For example, Board 52 members would not have to attend a meeting on Settler's Point. 53 1 372 Approved 11/01/2017 54 Craig Benedict responded that Settler's Point would be included (a so-called "developer-initiated" application) along 55 with government-initiated amendments. 56 57 Lydia Wegman replied that the language in agenda item talks only about government-initiated amendments to the 58 UDO. 59 60 Tony Blake said that he read the language to mean that every topic was government-initiated. 61 62 Lydia Wegman said that she does not read it that way. To her, government-initiated means items coming from the 63 BOCC or the Planning Department. 64 65 Ashley Moncado said that the Planning Board could make a recommendation to the BOCC on government-initiated 66 text amendments. This is a government-initiated text amendment. The agenda item is geared towards the Board 67 making a recommendation on the government-initiated amendment but it will relate to public hearings for all items 68 that normally come to you at a quarterly public hearing. 69 70 Lydia Wegman said that she wants to think further about numbers at meetings to attend. She said that she would like 71 to discuss the topic at the November Planning Board meeting. 72 73 Ashley Moncado said that a preliminary discussion tonight would help this item stay on track so that it can go along 74 with the discussions at the November quarterly public hearing. She asked what members would recommend. For 75 example, is 50 percent attendance at public meetings acceptable to members? Staff is looking for a better 76 understanding of what the Board would recommend. 77 78 Craig Benedict reiterated that this item will not be voted on tonight. 79 80 Paul Guthrie commented that he understands the intent of the proposal but the language is troubling to him. He said 81 that he has had to be absent from many meetings over the years, not because he did not want to be present, but 82 because of medical issues which made it physically impossible for him to attend. He suggested that if a requirement 83 is made for attendance, it needs to be flexible or it will have a negative effect on certain members. 84 85 Craig Benedict said that the measure would certainly be flexible. He said that the way the system is set-up now is 86 that there is a mini-public hearing, like tonight. Staff expects community input at this meeting, at the BOCC meeting, 87 at neighborhood meetings, all of which the Planning Board can attend. He thinks that the new process of tonight's 88 meeting is giving more opportunities for input, especially with the separation of legislative items and members of the 89 public can talk at multiple times, which was not part of the process before. The point is to provide flexibility to the 90 Board and to citizens. Does anyone else have feedback? Staff will wrap the comments together and bring it back to 91 November. 92 93 Tony Blake said that the Planning Board already meets roughly 12 times a year. He said that his problem is running 94 from meeting to meeting that start at 7:00pm. This balance is starting to push the boundaries for him. He likes his role 95 in public service but he needs to take care of his basic needs too. 96 97 Kim Piracci said that it took about 2 years from when she applied to be on the Planning Board to secure her eventual 98 position that she serves in now. It seems like it is not difficult to find Planning Board members. 99 100 Craig Benedict replied that sometimes seats from specific townships can be hard to fill. 101 102 Kim Piracci said that she feels like it is a privilege to serve on the Planning Board and that she does not mind being 103 held to reasonable requirements, and 50 percent of the quarterly public hearings does not seem like too much to her. 104 She said that she would like more training from Staff on how to better understand planning items. 105 2 373 Approved 11/01/2017 106 Craig Benedict said that Staff could arrange more training. He acknowledged that many people learn in-process. He 107 noted that the MPD-CZ process has only been reviewed by the Planning Board one other time. The Board, over the 108 years, learns by experience. Staff will open-up more training opportunities to the whole Board to go over 109 subdivisions, quasi-judicial hearings and legislative items, and other types of processes. 110 111 Tony Blake commented that the UNC School of Government comments on issues that affect the Planning Board. 112 While everyone may not agree on the conclusions in the online forums, it provides good discussion. This is a 113 resource that he would recommend that he has used. 114 115 Randy Marshall asked how many quarterly public hearings are held a year. 116 117 Craig Benedict said that some years there may not even be 4 and sometimes there are only 3 or 4 items on the 118 agenda. 119 120 Ashley Moncado noted that this year there were only 2 quarterly public hearings (May and September were 121 cancelled). 122 123 Craig Benedict said that there may be 10-15 items in one year. Staff will not recommend hearing 2 land use items in 124 a month because they are also trying to keep a schedule open to applicants. He estimates that there will be 8-9 125 meetings with the potential for Planning Board-related items. 126 127 Tony Blake said that to know in advance is important. 128 129 Craig Benedict said that Staff sees the challenges with meetings being scheduled close together or at a variety of 130 locations. The BOCC just approved next year's calendar and Staff will take a look at how meetings are laid out. 131 132 Randy Marshall asked if public hearings could be grouped. 133 134 Craig Benedict said that if the items on the public hearing agenda are simple items, they could be done the same 135 night. However, if there was a cell tower being considered, Staff worries about being dominating with just Planning's 136 agenda in consideration of what other departments need to present. Clustering these meetings could be helpful. 137 BOCC members understand that if they are considering more items more frequently, their review also has to be 138 timely. 139 140 Tony Blake said that if members of the public come out and there is a line of 200 people to provide input, the meeting 141 will take a long time. 142 143 Randy Marshall suggested that the first meeting of the month be reserved for bigger items. 144 145 Ashley Moncado said that this could not be guaranteed as dates are set way in advance for applications to be due, 146 dates important in guiding the applicant's process. 147 148 Craig Benedict said that Staff will try to target 4 meetings a year but that an applicant will still have more opportunities 149 to present at upcoming meetings, if necessary. He said that Staff will review the 2018 calendar and see if there is a 150 cadence to meetings, and will provide more feedback on scheduling and how Staff could target major meetings in the 151 year. 152 153 Randy Marshall asked if Mr. Benedict felt like he got good feedback. 154 155 Craig Benedict said that he did. 156 157 Lydia Wegman said that there is clearly concern from Planning Board members about attendance requirements to 158 other public meetings and the weight of demands on people serving in a volunteer position on the Planning Board. 3 374 Approved 11/01/2017 159 160 David Blankfard asked what will be asked of Planning Board members at public meetings. 161 162 Some Planning Board members commented that they are there for moral support. 163 164 Lydia Wegman said that based on her experience, the BOCC may ask why the Planning Board voted as it did (i.e. 165 Why did the Planning Board vote as it did on Settler's Point?). The BOCC asks the members present so that they can 166 get the background. Sometimes BOCC members have questions about the minutes or related matters. 167 168 Craig Benedict returned to the item for a vote, which he said again does not have to do with attendance. He asked 169 the Planning Board to make a recommendation to the BOCC on government-initiated amendments to the UDO 170 pertaining to public hearings. He read aloud the recommendation on page 332 in the packet. 171 172 Tony Blake asked if this is to remove the"quarterly"from the public hearing verbiage, will it mean that Staff may have 173 up to 40 some potential target meetings. 174 175 Ashley Moncado replied that there would be more like 20 public meetings. There are 20 regular BOCC meetings 176 scheduled for next year. 177 178 Tony Blake said that he understood. 179 180 MOTION by Randy Marshall to approve amendments to the UDO. Seconded by Dave Blankfard. 181 VOTE: UNANIMOUS 182 ***** 4 375 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) in order to make revisions to the public hearing process. 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. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal by expediting the development review process, reducing delays, and eliminating challenges for residents and applicants. These amendments assist in creating a review process that is more efficient, accessible, and responsive to County residents c. The amendment is reasonable and in the public interest because it: 1. Improves the development review process for land use items requiring a public hearing. These amendments eliminates potential delays and challenges for the public allowing for an improved review process which is more efficient and reasonable for Orange County residents, leadership, and staff. The Planning Board of Orange County hereby adopts this Statement of Consistency and findings expressed herein. \ 1 4 Lyv, a N. Weg , Chair Date Attachment 5 376 DRAFT Excerpt of Minutes 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 NOVEMBER 1,2017 4 REGULAR MEETING 5 6 7 MEMBERS PRESENT: Lydia Wegman (Chair),At-Large Chapel Hill Township Representative; Tony Blake (Vice-Chair), 8 Bingham Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large 9 Chapel Hill Township; Kim Piracci, At-Large; Township; Alexander Gregory, Chapel Hill Township Representative; 10 David Blankfard, Hillsborough Township Representative; Randy Marshall,At-Large; 11 12 MEMBERS ABSENT: Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 13 Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Donna Coffey, Cedar Grove Township 14 Representative; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz; Planning Systems Coordinator; Ashley Moncado, 17 Planner II; 18 ***** 19 AGENDA ITEM 7: PLANNING BOARD POLICIES AND PROCEDURES - To review proposed edits and make a 20 recommendation to the BOCC on amendments to the Planning Board Policies and Procedures 21 in regards to public hearings. This item is to be part of the UDO amendments scheduled for 22 the November 14, 2017 quarterly public hearing (reviewed by the Planning Board on October 23 4). 24 PRESENTER: Ashley Moncado, Planner II 25 26 Ashley Moncado reviewed the abstract. 27 28 Lydia Wegman stated concern with Section 4.E.2 stating Planning Board members shall attend only two public 29 hearings. She stated interest in increasing the number. 30 31 Patricia Roberts recommended that Planning Board members can assign each other to public hearings so that there 32 is always a Planning Board member at the public hearings. This is something that can be agreed amongst the Board 33 and not something that needs to be written down. 34 35 Tony Blake stated that it could be determined based on the Planning Board member's represented district. 36 37 Randy Marshall recommended that can be discussed and decided at the Planning Board meeting before the public 38 hearing in order to make sure there will be representation at the public hearing. 39 40 Paul Guthrie asked how far in advance will members to be given a list of items that will be presented at the public 41 hearing. 42 43 Craig Benedict responded about a month due to advertising requirements. He continued, based on discussions with 44 the County Attorney and County Manager's Office we would have about a month to let the BOCC know what items 45 would be coming the following month. 46 47 Lydia Wegman asked if it was staff's hope that there would be only one public hearing a month. 48 49 Ashley Moncado responded that public hearing items would be scheduled for the first BOCC meeting of the month 50 with our agenda deadline schedules; however, there are some things that are out of staffs control which may cause 51 an item to go to the second BOCC meeting of the month. 52 53 Lydia Wegman requested to discuss the number two with legal staff. 1 377 DRAFT 54 55 Ashley Moncado responded that if the Planning Board had a recommendation to change the number to decide that 56 tonight in order for staff to review with the County Attorney's Office and proceed with the November Quarterly Public 57 Hearing. 58 59 Kim Piracci stated she has spoken with BOCC members and believes they want the Planning Board to be present at 60 more meetings and want the Board's input. From that point of view, she believes they want the Board present at 61 more than two public hearings. 62 63 Lydia Wegman stated that she believes the number should be increased to six. 64 65 Kim Piracci agreed and thinks that BOCC would agree because they want the Planning Board to be more involved. 66 67 Lydia Wegman recommended increasing to four,five, or six. 68 69 Randy Marshall stated the Board members are involved citizens and will attend as able to, but is concerned about a 70 penalty if we are not able to attend six. 71 72 Ashley Moncado stated that at this point staff is not sure if there may even be six public hearings. Also, if there are 73 only six public hearings for the year, Planning Board members would be required to go to all public hearings. If the 74 Board was interested in increasing the number,four public hearings may be more appropriate. 75 76 Tony Blake stated he has concerns and issues with attending more meetings and being able to arrive on time due to 77 his work schedule. 78 79 Patricia Roberts made a motion to leave it at two public hearings. 80 81 Randy Marshall seconded. 82 83 David Blankfard stated he had additional questions and asked who would decide to remove you from the Board if you 84 did not meet the attendance requirement. 85 86 Craig Benedict responded an attendance log is submitted at the end of the year and the BOCC will decide to enforce. 87 88 Alexander Gregory recommended basing the number of public hearings Planning Board members shall attend on a 89 percentage. 90 91 Ashley Moncado responded that due to staff not knowing how many public hearings there may be in a year, it would 92 be difficult to determine what that number may be. Staff and the Board would not know what the attendance 93 threshold or requirement would be until towards the end of the year when all the public hearings have been 94 scheduled. 95 96 Paul Guthrie stated concern with requiring attendance at more meetings may discourage people from wanting to be 97 on the Planning Board in the future who have limitations due to work, health conditions, etc. The idea is good that 98 people should commit to attend these meetings, but this language could discourage people from being on this Board. 99 100 Lydia Wegman stated that she would prefer Section E.2 be removed or change the number. She does not support 101 the paragraph as it stands. 102 103 Patricia Roberts withdrew her previous motion. She stated support for removing the language. 104 105 Lydia Wegman asked the Board if there was a motion. 106 2 378 DRAFT 107 Ashley Moncado requested the motion include changes to Section 3.C.5 regarding the addition of the word "by" as 108 reviewed with Board. 109 110 MOTION BY TONY BLAKE TO APPROVE THE CHANGES AS NOTED TO SECTION 3.C.5 ADDING THE WORD "BY".SECONDED 111 BY DAVID BLANKFARD.VOTE: UNANIMOUS 112 113 MOTION BY RANDY MARSHALL TO APPROVE CHANGES TO SECTION 4.E.1,AS PROPOSED,AND ELIMINATE SECTION 4.E.2 114 AS STATED.SECONDED BY TONY BLAKE.VOTE: UNANIMOUS 115 116 ***** 3