HomeMy WebLinkAboutAgenda - 11-14-2017 - D.3 - Unified Development Ordinance (UDO) Amendments - Revisions to the Public Hearing Process 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
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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
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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
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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;
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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;
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16 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz; Planning Systems Coordinator; Ashley Moncado,
17 Planner II;
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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79 Patricia Roberts made a motion to leave it at two public hearings.
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81 Randy Marshall seconded.
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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.
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86 Craig Benedict responded an attendance log is submitted at the end of the year and the BOCC will decide to enforce.
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88 Alexander Gregory recommended basing the number of public hearings Planning Board members shall attend on a
89 percentage.
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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.
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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.
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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.
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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.
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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 *****
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