HomeMy WebLinkAboutAgenda 8-g - Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule – Four UDO Text AmendmentsORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 8, 2018
Action Agenda
Item No. 8-g
SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outline and Schedule – Four UDO Text Amendments
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. UDO Amendment Outline Form 2018-02 –
Correct and Update References to the
Home Park Conditional Zoning District (HP-
CZD).
2. UDO Amendment Outline Form 2018-03 –
Clarify and Update Language Concerning
the Holding of Neighborhood Information
Meetings (NIM).
3. UDO Amendment Outline Form 2018-04 -
Include Additional Permitted Land Uses
Within the Home Park Conditional Zoning
District (HP-CZD).
4. UDO Amendment Outline Form 2018-05 –
Update Existing Subdivision Regulations
Incorporating Recent Changes in State
Law.
Craig Benedict, Director, 919-245-2575
Michael Harvey, Planner III, 919-245-2597
PURPOSE: To consider and approve process components and schedule for proposed
amendments to the Orange County Unified Development Ordinance (UDO).
BACKGROUND: The Planning Director has initiated four separate text amendments to the
UDO, specifically:
1. Correct and update references to the Home Park Conditional Zoning District (HP-CZD).
The purpose of the amendment is to correct existing, inconsistent, references to the HP-
CZD district and ensure uniformity within the UDO. For more information please refer to
Attachment 1;
2. Clarify and update existing language concerning the holding of Neighborhood Information
Meetings (NIMs). For more information please refer to Attachment 2;
3. Modify Section 5.2.3 Table of Permitted Uses – Conditional Zoning Districts to include
additional permitted land uses, specifically public parks and government offices, within the
HP-CZD. For more information please refer to Attachment 3; and
1
4. Update existing standards governing review and action on subdivision proposals to
incorporate recent changes made in State law. For more information please refer to
Attachment 4.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement for the text
amendment will be paid from FY2017-18 Departmental funds budgeted for this purpose.
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process these amendments.
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 Manager recommends the Board approve the attached
Amendment Outline forms and direct staff to proceed accordingly.
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Attachment 1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-02
UDO text amendment to correct and update references to the Home Park (HP)
Conditional Zoning District.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): • 3.8.3 (A) (3) Conditional Zoning Districts – Districts Established;
• 3.8.4 Base Zoning Districts – Home Park(HP) Conditional Zoning
District;
• 5.5.4 Home Park;
• 5.5.5 Existing Mobile Home Parks;
• 6.12.11 Signs Permitted in All Districts.
Other:
3
Form Revised 09-29-16
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 the UDO to correct inconsistent references to the Home
Park Conditional Zoning District (HP-CZD).
The purpose of the amendment is to correct these inconsistencies and ensure
uniformity within 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 January of 2017 the BOCC approved a text amendment changing the name of the
Mobile Home Park Conditional Zoning District (MHP-CZD) to Home Park Conditional
Zoning District (HP-CZD). The amendment involved updating references to the new
title throughout the UDO.
Unfortunately there are still references to the MHP-CZD within the UDO creating
conflict(s). Staff needs to amend the UDO to correct for these oversights and ensure
uniformity.
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
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 8, 2018
b. Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
4
Form Revised 09-29-16
(BOCC receives agenda materials)
May 2, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b. Advisory Boards:
N/A
c. Local Government Review:
Staff will transmit the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for courtesy review by
April 6, 2018.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
March 15, 2018
Pending.
Not applicable
General Public:
Small Area Plan Workgroup:
Other:
5
Form Revised 09-29-16
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 amendment will correct existing inconsistent references within the UDO associated
with the HP-CZD district.
E. SPECIFIC AMENDMENT LANGUAGE
Pending.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
6
Attachment 2
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-03
UDO text amendment to correct timeline for the holding of a neighborhood meeting
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): • Section 2.7.5 Special Use Permits – Neighborhood Information
Meeting;
• Section 2.9.1 (D) Conditional Use District – Neighborhood
Information Meeting;
• Section 2.9.2 (D) Conditional Zoning District – Neighborhood
Information Meeting;
• Section 5.10 8 (B) (2) Balloon Test – Telecommunication Facilities
– Class B Special Use Permits
Other:
7
Form Revised 09-29-16
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 the UDO to amend the timeframe for holding of
neighborhood information meetings. The purpose of the amendment is to eliminate
confusion on the required time frame for holding neighborhood information meetings
and ensure uniformity within 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’.
Neighborhood Information Meetings (NIM) are typically required for several types of
projects (i.e. special use permits, conditional use districts/conditional zoning
applications, major subdivision concept plan, governmental land uses, etc.) and are
typically required to occur before formal review commences (i.e. staff, Planning
Board, or BOCC)
A synopsis of these requirements is as follows:
1. Section 2.7.5 Special Use Permits (Class A or B not including
telecommunication facilities): NIM held a minimum of 45 days prior to public
hearing.
2. Section 5.10.8 (B) (2) Telecommunication Facilities:
a. For Class A permit applications (i.e. 200 ft. and taller) a balloon test is
held a minimum of 11 weeks (77 days) prior to the public hearing. Staff
attends the balloon test and conducts the NIM on-site.
b. For Class B permit applications (i.e. 76ft to 199.9 ft.) a balloon test is
held a minimum of 6 weeks (42 days) prior to the public hearing. Staff
attends the balloon test and conducts the NIM on-site.
3. Section 2.9.1 (D) Conditional Use District (CUD): NIM held a minimum of 45
days prior to the public hearing.
4. Section 2.9.2 (D) Conditional Zoning District (CZD): NIM held a minimum of
14 days prior to the public hearing.
5. Section 2.14.2 (B) Minor Subdivisions. For a minor subdivision utilizing the
flexible development option with more than 5 lots, a NIM is required once the
concept application is accepted for review (i.e. after determined to be
complete) by staff.
The UDO does not establish a specific timeline as to when this meeting is
held. Standard practice has been the NIM is held before staff takes formal
action on the application.
6. Section 2.15.2 (D) Major subdivision: NIM held a minimum of 14 days prior to
8
Form Revised 09-29-16
the review of the Concept Plan by the Planning Board.
7. Section 2.24.2 (A) Government Uses: Has to occur prior to the formal
submittal of the Zoning Compliance Permit/Site Plan application to the
Planning Department for processing.
NIMs requirements for Conditional Zoning District (CZD) applications are inconsistent
with other, similar project(s) (i.e. 14 days before public hearing versus 45 days). Staff
has heard from some members of the public, Planning Board members, and elected
officials that NIMs are typically occurring too close to the Planning Board meeting to
be of any real benefit.
Further, with respect to telecommunication facilities requiring a Class B Special Use
Permit (i.e. 76ft to 199.9 ft.) there is an inherent conflict between the requirements of
Section 5.10.8 (B) (2) (i.e. balloon test and NIM 42 days prior to the public hearing)
and Section 2.7.5 (i.e. NIM held minimum 45 days prior to public hearing)
To address these issues staff is suggesting the following:
a. NIMS for:
• Non-telecommunication facility Class A Special Use Permits,
• CUD, and
• CZD applications
shall be required a minimum of 14 days prior to the Planning Board’s
scheduled review of the item.
b. Amend Section 5.10.8 (B) (2) to require balloon test/NIM for Class B special
use permits to occur a minimum of 45 days prior to the public hearing rather
than 42 days.
Staff believes these amendments will address some of the concerns staff has heard
over the turnaround time between NIMs and Planning Board meetings, establish
desired uniformity within the UDO where possible, and still allow for adequate time
for local residents to become informed of projects and required review processes.
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
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
9
Form Revised 09-29-16
March 8, 2018
b. Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
May 2, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b. Advisory Boards:
Not applicable
c. Local Government Review:
Not applicable
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. FISCAL IMPACT
March 15, 2018
Pending.
Not Applicable
General Public:
Small Area Plan Workgroup:
Other:
10
Form Revised 09-29-16
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 proposed amendment will establish greater uniformity with respect to the scheduling
and holding of NIMs.
E. SPECIFIC AMENDMENT LANGUAGE
Pending
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
11
Attachment 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-04
UDO text amendment to include additional permitted land uses within the Home Park
Conditional Zoning District (HP-CZD).
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): 5.2.3 Table of Permitted Uses – Conditional Zoning Districts
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 the UDO to include additional permitted land uses within
the Home Park Conditional Zoning District (HP-CZD), specifically government
office(s) and parks.
The purpose of the amendment is to add these land uses and allow for their
12
Form Revised 09-29-16
development within the HP-CZD conditional zoning district.
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’.
The County has begun investigating opportunities to develop affordable housing units
on County owned property. These units would be in addition to other existing, or
proposed, County operated facilities (i.e. government offices, parks, etc.) located on
the same property.
Staff was tasked with reviewing the development of a Home Park on 70 acres of
property off Millhouse Road, currently slated for development as a park. The 2
parcels, further identified utilizing Orange County Parcel Identification Numbers
(PINs) 9871-51-9160 and 9871-60-7301, are currently zoned Rural Buffer (RB) and
would have to be rezoned to HP-CZD to accommodate the development of the Home
Park.
Parks and government facilities are not listed as permitted uses of property within the
HP-CZD. If the properties were rezoned, the proposed park could not be developed
as currently designed.
The proposed amendment will address this issue by allowing for the development of
parks and government facilities within the District.
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
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 8, 2018
b. Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
13
Form Revised 09-29-16
(BOCC receives agenda materials)
May 2, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b. Advisory Boards:
N/A
c. Local Government Review:
Staff will transmit the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for courtesy review by
April 6, 2018.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
March 15, 2018
Pending
Not applicable
General Public:
Small Area Plan Workgroup:
Other:
14
Form Revised 09-29-16
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 amendment will allow for the development of parks and government facilities within
the HP-CZD district.
E. SPECIFIC AMENDMENT LANGUAGE
Pending.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
15
Attachment 4
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-05
UDO text amendment to update existing subdivision regulations to incorporate recent
changes in State law creating the expedited subdivision review process.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): • Section 7.2 Classification of Subdivisions
• Section 7.2.1 Exempt Subdivisions
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 the UDO to incorporate recent changes in State law
16
Form Revised 09-29-16
relating to the processing of subdivisions.
The purpose of the amendment is to ensure consistency with State law.
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’.
NC General Statue (NCGS) 153A-335 defines a subdivision as: ‘divisions of a tract or
parcel of land into two or more lots, building sites, or other divisions when any one or
more of those divisions are created for the purpose of sale or building development
(whether immediate or future) and includes all division of land involving the
dedication of a new street or a change in existing streets’.
Session Law 2017-10, adopted May 4, 2017, modified the review of subdivision
proposals by local governments as follows:
1. Created a new category of exempt subdivision (i.e. a division of property
not included within the definition of a ‘subdivision’ and not subject to
regulation), specifically the ‘division of a tract into parcels in accordance
with the terms of a probated will or in accordance with intestate succession
under Chapter 29 of the General Statutes’ ; and
2. Limiting local governments to requiring only a plat for recordation (i.e. a
Final Plat application as detailed in Section 2.14.3 of the UDO) for a
division of land in single ownership meeting the following criteria:
a. Parcel being divided is not considered an exempt subdivision
under State law;
b. No part of the property has been divided within the last 10 years;
c. The parcel is greater than 5 acres in area;
d. No more than 3 parcels are created; and
e. The resultant lots comply with all of the following:
i. Applicable dimensional and size requirements based on the
general use zoning district,
ii. The use of the lots is in conformity with local land use
regulations, and
iii. A permanent means of ingress/egress is recorded for each
lot.
Staff will need to amend the UDO to incorporate these changes in order to ensure
local land use regulations are consistent with applicable State law.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
17
Form Revised 09-29-16
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 8, 2018
b. Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
May 2, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b. Advisory Boards:
Not applicable
c. Local Government Review:
Copies of the amendment package
March 15, 2018
Pending
Not Applicable
18
Form Revised 09-29-16
shall be provided to the Town(s) of
Chapel Hill and Carrboro for review
consistent with the Joint Planning
Land Use Plan Agreement
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. 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 amendment is necessary to ensure County regulatory standards are consistent with
State law.
E. SPECIFIC AMENDMENT LANGUAGE
Pending
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
19