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OCPB agenda 100417
ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD Please Note Location Change for this Meeting!! RICHARD WHITTED MEETING FACILITY 300 WEST TRYON STREET HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, October 4, 2017 Regular Meeting – 7:00 pm No. Page(s) Agenda Item 1. CALL TO ORDER 2. 3 – 4 INFORMATIONAL ITEMS a. Planning Calendar for October and November b. November Quarterly Public Hearing (Planning Board attendance expected) 3. 5 – 15 16 – 18 APPROVAL OF MINUTES September 6, 2017 ORC Notes September 6, 2017 Regular Meeting 4. CONSIDERATION OF ADDITIONS TO AGENDA 5. PUBLIC CHARGE Introduction to the Public Charge The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land development laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in a manner which considers the present and future needs of its residents and businesses through efficient and responsive process that contributes to and promotes the health, safety, and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive governance and quality public services during our deliberations, decisions, and recommendations. Public Charge The Planning Board pledges to the residents of Orange County its respect. The Board asks its residents to conduct themselves in a respectful, courteous manner, both with the Board and with fellow residents. At any time, should any member of the Board or any resident fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 1 No. Page(s) Agenda Item 6. CHAIR COMMENTS 7. 19 – 228 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS AND ZONING ATLAS AMENDMENTS – FLOOD REGULATIONS - To make a recommendation to the BOCC on government-initiated amendments to the text of the UDO pertaining to flood regulations and to remove the Special Flood Hazard Area (SFHA) from the Zoning Atlas. This item is scheduled for the November 2017 quarterly public hearing. Presenter: Michael Harvey, Current Planning Supervisor 8. 229 – 246 TOWN OF HILLSBOROUGH/ORANGE COUNTY CENTRAL ORANGE COORDINATED AREA LAND USE PLAN, ORANGE COUNTY COMPREHENSIVE PLAN FUTURE LAND USE MAP, AND ORANGE COUNTY ZONING ATLAS AMENDMENTS – EXPANSION OF HILLSBOROUGH ECONOMIC DEVELOPMENT DISTRICT (EDD) - To make a recommendation to the BOCC on government-initiated amendments to the three listed maps which would expand the southern boundary of the Hillsborough EDD on land use plan maps and rezone approximately 81.5 acres from R-1 (Rural Residential) to EDH-2 (Economic Development Hillsborough Limited Office). This item is scheduled for the November 2017 quarterly public hearing. Presenter: Tom Altieri, Comprehensive Planning Supervisor 9. 247 – 330 MASTER PLAN DEVELOPMENT APPLICATION – SETTLER’S POINT - To make a recommendation to the BOCC on an application for an MPD-CZ (Master Plan Development Conditional Zoning). The proposed project encompasses 272 acres in and adjacent to the Hillsborough Economic Development District (EDD) south of Interstate 40 on both sides of Old Highway 86. This item is scheduled for the November 2017 quarterly public hearing. Presenter: Michael Harvey, Current Planning Supervisor 10. 331 – 348 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – PUBLIC HEARING REVISIONS - To make a recommendation to the BOCC on government-initiated amendments to the UDO pertaining to public hearings. This item is scheduled for the November 2017 quarterly public hearing. Presenter: Craig Benedict, Planning Director 11. COMMITTEE/ADVISORY BOARD REPORTS a. Board of Adjustment b. Orange Unified Transportation 12. ADJOURNMENT IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR MICHAEL HARVEY (919-245-2597). 2 < September October 2017 November> Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Regular BOCC Meeting 7:00 pm Whitted Building Planning Board Meeting 7:00 pm* Whitted Building 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Regular BOCC Meeting 7:00 pm Southern Human Services OUTBoard meeting @ 6:30 pm WCOB 004 22 23 24 25 26 27 28 Joint BOCC/Town of Carrboro Meeting 7:00 pm Southern Human Services 29 30 31 Notes: * Planning Board Member Attendance Required or Expected WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough) 3 < October November 2017 December > Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 Planning Board meeting @ 7:00 pm WCOB 004* Regular BOCC Meeting 7:00 pm Whitted Building 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Quarterly Public Hearing* 7:00 pm Whitted Building OUTBoard meeting @ 6:30 pm WCOB 004 Assembly of Governments 7:00 pm Whitted Building 19 20 21 22 23 24 25 Holiday Holiday 26 27 28 29 30 Notes: * Planning Board Member Attendance Required or Expected WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough) 4 1 SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 SEPTEMBER 6, 2017 3 ORDINANCE REVIEW COMMITTEE 4 5 NOTE: A quorum is not required for Ordinance Review Committee meetings. 6 7 MEMBERS PRESENT: Tony Blake (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy Marshall, At-8 Large; David Blankfard, Hillsborough Township Representative; Patricia Roberts, Cheeks Township Representative; Laura 9 Nicholson, Eno Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Alexander Gregory, Chapel 10 Hill Township Representative; 11 12 Members Absent: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Donna Coffey, Cedar Grove 13 Township Representative; Buddy Hartley, Little River Township Representative; Paul Guthrie, At-Large Chapel Hill Township; 14 15 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Allison Reinert, Staff Engineer; Meredith Kern, Administrative 16 Assistant II. 17 18 19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20 21 Tony Blake called meeting to order at 7:12pm. 22 23 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT – JORDAN LAKE NUTRIENT RULES – To 24 review government-initiated amendments to the text of the UDO pertaining to Jordan Lake Nutrient 25 Rules. 26 Presenter: Allison Reinert, Staff Engineer 27 28 Allison Reinert reviewed the abstract. The overall purpose of this UDO amendment is to remove the Jordan Lake Nutrient 29 Rules from the UDO. These rules were brought about through state regulations and it was originally thought that they would 30 be promulgated into the NC Administrative Code as a way to help curtail the nutrients going into Jordan Lake, which would 31 then help water quality of the lake and the various functions that use it. Unfortunately, those rules have continuously been 32 delayed. Currently, there is a “collaboratory" at UNC assessing the nutrient load going into Jordan Lake. Until the 33 collaboratory completes its report in 6 years or so, the state will not enforce these Jordan Lake rules. Ms. Reinert said that 34 these rules were added to the UDO in 2012 but since they have been delayed, the County is unable to enforce them; the 35 County cannot go above and beyond state requirements enforcing nutrients in stormwater. The only focus of this amendment 36 is to align the County’s regulations with those enforced by the North Carolina Department of Environmental Quality per the 37 Department’s direction. The County cannot overstep with these regulations for water quality control. The Environmental 38 Management Commission reviewed the proposed UDO amendment and the Department of Environmental Quality gave its 39 support. Ms. Reinert asked if there were any questions so far. Hearing none, she reviewed the two sections subject to 40 changes. The first section in the UDO is 1.19, regarding the relationship of other laws, covenants or deed restrictions. There 41 is mention of the Jordan Lake Nutrient Rules within this section, so the section must be amended. The second section for 42 review is the Stormwater Management and Development Standards wherein the Jordan Lake Nutrient Rules are spelled-out. 43 Most of the text amendment will be in this section. As a side note, the “quantity” descriptions for stormwater regulations are 44 also related to the Jordan Lake Watershed. Note that there will be no changes to quantity, only to quality, based on these 45 rules. Attachment 2 provides specifics on what language is being removed from the two aforementioned sections. In 1.19 (F), 46 the proposal is to remove out verbiage on nutrient rules specifically related to Session Laws that mention or talk about the 47 Jordan Lake nutrient rules. Unfortunately, many of these Session Laws have been delayed and repealed. The Erosion Control 48 and Stormwater Department is still looking at riparian buffer protection rules, similar to what Michael Harvey said earlier during 49 the Planning Board Meeting, for protecting watersheds but the department can no longer require that development projects 50 meet specific nutrient loads. 51 52 Tony Blake asked if the effect of this proposed amendment would be on management practices as in not needing to have a 53 water garden or something of the like. 54 5 2 55 Allison Reinert said that this refers to Best Management Practices, stormwater control measures – 56 57 Tony Blake asked if all of that is going away. 58 59 Allison Reinert said that yes, as long as the developer can still meet the quantity rules. 60 61 Tony Blake asked if the quantity rules have changed. 62 63 Allison Reinert replied that they have not changed but that some developers need to retain some of the water so there is not 64 too much over land flow and other stormwater retention features. 65 66 Tony Blake commented that runoff issues would still be considered. 67 68 Allison Reinert confirmed this. 69 70 Tony Blake thanked her for the clarification. 71 72 Allison Reinert continued going over the proposed changes to the UDO. She said that another change is to get rid of section I 73 as there is no Jordan Water Nutrient Supply Strategy because it is directly correlated to the nutrient rules. 74 75 Randy Marshall said that he presumed that Orange County has stormwater regulations. A part from anything related to Jordan 76 Lake, are regulations related to Jordan Lake proposed to be more or less restrictive than what we already have? 77 78 Allison Reinert replied that the current UDO language is more restrictive and since the County cannot be more restrictive than 79 the state on this matter, the current language needs to be changed. 80 81 Randy Marshall followed-up by asking if the County could not be more restrictive whether it has to do with Jordan Lake or not. 82 83 Michael Harvey answered that what state law now says is that counties cannot enforce nutrient standards in the Jordan Lake 84 area without expressed permission from the state, and the state has removed all expressed permissions until the study is 85 done. Until the study is done, there cannot be nutrient regulatory standards enforced in the Jordan Lake river basin. 86 87 Allison Reinert said that the County still has rules for the Falls and Neuse river basins; those are not being touched in any 88 way. 89 90 Randy Marshall asked if the county has a split watershed. 91 92 Allison Reinert said yes. 93 94 Tony Blake echoed that this only applies to the Jordan Lake Watershed. 95 96 Allison Reinert continued going over the proposed amendment for section 6.14.6 in the UDO. This section has been 97 reorganized into 3 sections per recommendation of the County Attorney. The 3 sections are on new development, Falls Lake, 98 and Jordan Lake. There are still nutrient regulations in certain areas of the County, but they cannot be applied unanimously. 99 The section on new development applies to how the department will handle everything, regardless of the watershed. For 100 example, 1(C) regarding the handling of new stormwater systems designed to control the treatment of stormwater runoff 101 generated. This refers to the “10 percent rule,” which is the state standard for quantifying stormwater runoff pre-and-post-102 development; there cannot be more than a 10 percent increase, otherwise there must be a control measure to prevent 103 negative effects to downstream communities and ecosystems. 104 105 Tony Blake said that he was confused by this section. He sees the section on new development but there is not a blanket 106 runoff statement there. The Falls Lake section seems to be completely different than Jordan Lake. Why doesn’t Falls Lake 107 6 3 have a similarly-worded rule regarding “no net increase in peak flow less than 10 percent?” This seems harder to read and 108 understand. 109 110 Allison Reinert replied that Falls Lake has a pre-existing rule about the 1 year 24 hour storm. Since the old language for the 111 Jordan Lake section does not apply anymore, the department must refer to the Environmental Management Commission’s 112 (EMC) recommendation as a minimum which is design criteria for new development, the 10 percent rule. She said that if this 113 wording is confusing, she could look into changing it. 114 115 Tony Blake responded that he was trying to put himself in the position of someone doing development in Falls Lake and may 116 not understand why the sections are different, but he understands the reasoning now. 117 118 Allison Reinert reviewed that new development has to meet the state minimum requirements related to stormwater control 119 measures and the North Carolina low impact development (LID) guide book. LIDs are promoted within the sections in 120 accordance with state law. The 10 percent rule is defined in the North Carolina Administrative Code and allows the counties to 121 set a regulatory requirement on the quantity of stormwater but does not allow them to impact quality. Ms. Reinert moved on to 122 review proposed changes to 6.14.7, which continue to remove mention of nutrient requirements in the Jordan Lake 123 Watershed. She pointed out some nomenclature updates in this section such as Department of Environmental Quality 124 formerly known as the Division of Water Quality. 125 126 Tony Blake said that he read this section and noticed no restriction on the Haw River Watershed at all. 127 128 Allison Reinert said that was correct because the section is just on Jordan Lake Watershed. She continued reviewing other 129 proposed changes. Since Best Management Practices (BMPs) are no longer being used in the industry, they are being 130 removed per the state department’s recommendation and will be replaced with “Stormwater Control Measures (SCMs)” as the 131 new lingo/nomenclature of Best Management Practices. 132 133 Dave Blankfard asked for the reason for the change. 134 135 Allison Reinert said she was unsure on the background but that the most recent minimum design criteria manual (released 136 about a year ago) referenced this change. 137 138 Tony Blake asked if this was on a state or federal level. 139 140 Allison Reinert said that this change was made on a state level and that the manual was created by a collaborator-style work 141 effort. 142 143 Tony Blake asked why there was not a reference to the author and would it be possible to have a link to get to the reference 144 from this document. 145 146 Allison Reinert said that she knew Chapel Hill had a link within the document for reference purposes, which is useful. 147 However, the links have to stay active which also requires the updating of the UDO more frequently. She continued her 148 presentation on subsection D regarding offset payments for developers regarding nutrient requirements in the Jordan Lake 149 watershed. This language is being removed. Subsection E also deals with nomenclature changes per the minimum design 150 criteria manual (not linked). Ms. Reinert said that she is open to talking about adding links within the UDO to reference 151 aforementioned manuals and guides related to these proposed changes. Next, she addressed peak runoff volume and noted 152 that the Falls Lake Watershed and Jordan Lake Watershed are distinct and are no longer the same in the requirements, 153 referencing the 10 percent rule. In 6.14.10 C (4) there is another nomenclature change from BMP to SCM. She asked if 154 anyone had any questions. 155 156 Kim Piracci commented on some language in the section that suggested methodologies on computing pre-and-post 157 development conditions. Is there an expert the County hires or someone from the department to define this? 158 159 Allison Reinert answered that each development requires that there is some sort of stormwater analysis that must be done by 160 a professionally-licensed engineer or stormwater professional. The department requires this analysis and calculations as part 161 7 4 of the application for development. This part of the application is reviewed by the Erosion Control Officers in writing and is 162 checked as part of on-site review in the field. 163 164 Randy Marshall asked if it was now the case in Jordan Lake Watershed that there are no restrictions of what can runoff a 165 piece of land into the watershed. 166 167 Allison Reinert answered that at the moment, yes, this is the case. She said there was a glimmer of hope in an upcoming 168 gathering called the Jordan Lake Summit that will bring together all municipalities, jurisdictions, counties, developers working 169 within the watershed, and others to figure out what they can do while science is deciding what is wrong with Jordan Lake and 170 the politics behind implementing rules on nutrients. This group may form into an association with the ability to preserve land or 171 regulate to help with nutrients. The framework would be based on the Upper Neuse River Basin Authority in which Orange 172 County is heavily involved, specifically in regards to using different methodologies to figure out how to deal with nutrients in 173 Falls Lake, also a highly impaired water body. Methods encompassing land conservation, agricultural information and 174 educational outreach are employed in working with neighbors downstream of the watershed to work on improving water 175 quality. These would not be enforced at the state level but methods involving land conservation could help prevent runoff 176 downstream. 177 178 Randy Marshall commented that anything that such a group could come up with could be contradicted by a developer who 179 goes to the state to ask for reprieve. 180 181 Allison Reinert agreed that this could happen. 182 183 Tony Blake likened this hypothetical situation to a story in Durham wherein a developer was curtailing rules resulting in 184 sewage problems. 185 186 Randy Marshall recalled that not too long ago people expressed similar concerns about Burlington. 187 188 Tony Blake said yes, Burlington had certain companies dealing with hazardous waste that would discharge byproducts into 189 the Haw River. 190 191 Allison Reinert said that it is not just the nutrients but also personal care products and pharmaceuticals that are making their 192 way into the Jordan Lake water supply. This is a big concern for large communities using Jordan Lake as their main water 193 supply. 194 195 Tony Blake and Allison Reinert noted that Chatham Park is being developed and would use Jordan Lake as the water supply. 196 197 Kim Piracci asked if it was true that Chatham Park was really using Jordan Lake as its water supply. 198 199 Tony Blake said that Cary uses Jordan Lake as its water supply. 200 201 Allison Reinert said that Cary and Apex use Jordan Lake as their water supply, and there is a plan for the future to have a 202 western intake into Jordan Lake which OWASA, Durham and Chatham County would all use, perhaps as partners. 203 204 Tony Blake said that Chapel Hill still has water rights to Jordan Lake that they do not use. 205 206 Allison Reinert agreed that OWASA has rights to millions of gallons of water in Jordan Lake which they do not use currently. 207 208 Tony Blake wondered if these rights would be taken away once Chatham Park is built because it will need a great amount of 209 water supply. 210 211 Allison Reinert said that Chatham County also has rights to Jordan Lake water based on the most recent round of Jordan 212 Lake water supply allocations. She expects Chatham County to do major renovations on the Pittsboro water plant as Chatham 213 County and Pittsboro will likely have to partner to share water supply sources. 214 215 8 5 Kim Piracci said that she is dumbfounded that there can be motor vehicles allowed in public drinking water supply. 216 217 Tony Blake said that large amounts of antidepressants have been found in the brains of fish in the Great Lakes. 218 219 Allison Reinert said that the Water Research Foundation has some very interesting information on what pharmaceuticals and 220 personal care products might be in your drinking water. 221 222 Randy Marshall said that there are a lot of happy fish in the Great Lakes. 223 224 Tony Blake initiated discussion of the next agenda item. 225 226 AGENDA ITEM 3: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – FLOOD REGULATIONS 227 To review government-initiated amendments to the text of the UDO pertaining to flood regulations 228 Presenter: Michael Harvey, Current Planning Supervisor 229 230 Michael Harvey reviewed the abstract (page 19). This UDO text amendment is 70 pages in length addressing modifications in 231 the floodplain management program. He discussed the baseline for the County’s involvement in this program which started in 232 1976. Entry into this program requires that the County adopt a minimum model ordinance to address the basic tools in dealing 233 with development to ensure when and if there is a flood event, you will not lose unnecessarily property or endanger the 234 general health, safety and welfare of the residents. The County has approx. 80 parcels where existing structures are located in 235 the floodplain. There are 4,000 – 5,000 parcels within Orange County that are encumbered by floodplain. Mr. Harvey pointed 236 out that Orange County is not the coast nor is it Wake County; both areas have significant areas in floodplain. Flood damage 237 prevention and flood management are not necessarily a huge problem for the County, but the County has always made a 238 conscious effort to be proactive in going beyond the minimum model. For example, the County requires buffers around 239 floodplain to prohibit development within the floodplain; if there is nothing built within the floodplain, it will not get destroyed 240 when it floods. The buffer rule also provides a recharge area to help with stormwater inundation and other factors, some of 241 which Ms. Reinert noted in her presentation. The County also adopted other standards included a freeboard requirement. Mr. 242 Harvey reviewed briefly how floodplain regulation works. The Federal Emergency Management Agency (FEMA) creates maps 243 based on engineering studies of floodplain to examine the questions like – how high is water going to go? Even though no one 244 really knows the answer to this question, FEMA provides reliable data. If someone is going to build in the floodplain, the first 245 floor of habitable living space has to be out of harm’s way. If the Base Flood Elevation is 500 feet, the minimum model 246 ordinance says that the first floor of habitable space, including utilities, has to be at 500 feet to prevent destruction in a flood 247 event. Orange County adds 2 feet of freeboard (502 feet in this example) to ensure more safety in a major flood event. 248 Additionally, the County prohibits development or “activities” in the floodplain, specifically no houses, no industrial areas, and 249 related activities, roads and utilities excluded. In 2007, the County adopted a Flood Hazard Overlay District based on flood 250 map data by overlaying this data onto the County’s zoning atlas map, and updated what activities were allowable and 251 prohibited based on FEMA guidelines. Mr. Harvey asked if anyone on the Board had heard of a Community Ratings System 252 (one person raised a hand). The Community Ratings System (CRS) is an independent assessment of a community’s 253 compliance with flood regulation and provides a ranking from 1-10 (1 is the best). Flood insurance premiums are based off of 254 this ranking. Residents living in a community with a ranking of 10 could face $1,000 a year in flood insurance premium. 255 Orange County has a current ranking of 6, a good rating which provides a 25% reduction in annual floodplain insurance 256 premiums for residents. The Planning Department does a lot of outreach, upholds regulatory components, and has a close 257 working relationship with the Erosion Control and Stormwater department, all helpful in promoting floodplain regulation 258 education to the public. At this juncture, the County is about to adopt a new set of floodplain maps. During the review process, 259 the current administration and County Attorney’s Office were shocked that there is a Flood Hazard Overlay District. As a 260 participating community, Orange County has to adopt the maps because they are utilized to show current floodplain and will 261 help guide development throughout the County. 262 263 Kim Piracci asked if the maps show that the floodplain has gotten worse. 264 265 Michael Harvey answered that in some cases, there are dramatic changes, and in other instances, areas are no worse off. Mr. 266 Harvey said that the maps are kind of a wash. Some residents who were unhappy with the results of the map went through the 267 appeals process with FEMA. However, the maps were supposed to have been adopted 3 years ago. The delay has been due 268 to several reasons, namely that some of the data changed with successful appeals from residents and that FEMA found 269 9 6 mistakes in its own model and re-did the models on numerous occasions. It is now time to adopt these maps. In the case of 270 the Overlay District, the County is obligated to update its Zoning Atlas and notify the 2,500 or so property owners who have 271 parcels in the floodplain that the floodplain maps are being updated to include their property. Additionally, property owners 272 within 1,000 feet of the Overlay District must be notified of the floodplain map changes as well. In total, 20,000 letters will have 273 to be mailed. The budgetary outlay for this update to the proposed Flood Hazard Overlay District amendment is about $18,000 274 - $20,000 to cover the mailings, posting the signs, and advertising with a public notice or “legal ad” in local papers. Staff 275 recommended that the Flood Hazard Overlay District concept be abandoned, since it is not a federal requirement, and focus 276 on just flood regulation. This is what the proposed amendment aims to do – eliminate the Flood Hazard Overlay District and 277 work on administering flood regulations without the Overlay. Mr. Harvey said that the amendment is very lengthy but called 278 members’ special attention to page 26 of the packet or page 1-1 in the UDO. This effort amends the administrative portion of 279 the UDO to spell-out the basis for establishing of flood regulatory standards, including new floodplain maps (effective 280 November 17, 2017) and referencing past maps. Staff is also proposing that language be included that is consistent with state 281 law that says that if you are a farmer in the Extra-Territorial Jurisdiction (ETJ) of a municipality (Carrboro, Chapel Hill, 282 Hillsborough, Mebane) and you are encumbered by floodplain on your property, the local municipality does not have 283 regulatory authority over your property, per state law as revised in 2012. However, the County may have regulatory authority. 284 285 Kim Piracci asked for further clarification on this dynamic of regulatory authority with farmers. 286 287 Michael Harvey illustrated his point using this example: Say you are a farmer and your farm is in the ETJ of Chapel Hill 288 wherein Chapel Hill has extended regulatory authority and zoning of your property, but your property is not in the town’s 289 corporate limits. State law says that the town cannot enforce its flood standards on your farm; you, as a farmer, are subject to 290 the County rules. In some cases the County rules are more restrictive than a town’s or city’s. Mr. Harvey continued the 291 presentation. To review, the proposed text amendment deletes the Special Flood Hazard Area Overlay District ; removes the 292 language contained in Article 4 regarding the purpose, intent and other content; and all the standards in Article 6 dealing with 293 new residential construction, non-residential construction, mobile homes, etc., are moved to a standalone provision on flood 294 regulations. The Special Flood Hazard Area is defined as an area within the 100 year flood zone (1 percent change of flooding 295 at any given year) or within the 500 year flood zone (0.2% chance of getting flooded at any given year). It should be noted that 296 the term “Special Flood Hazard Area” will still be used because it is a universally-used term employed by FEMA to identify the 297 whole flood program with respect to the floodway (i.e. the water source). The definitions in the UDO are consistent with 298 FEMA’s minimum model. The proposed text change also goes about eliminating certain sections, sections originally included 299 by Mr. Harvey’s predecessor per a directive. See page 67 of the packet and section 6.21 in the UDO for the layout of the new 300 section with additional objectives added per FEMA’s model. Regulatory components are laid out within the Special Flood 301 Hazard Area’s provisions for flood hazards reduction (page 69). Mr. Harvey next asked the Board to review the fuel and 302 chemical storage language in the packet (page 70). Currently, fuel and chemical storage is prohibited within the Special Flood 303 Hazard Area. However, the UDO, following FEMA’s minimal model, allows for the BOCC to waive certain provisions for the 304 Special Use Permit (SUP) – Class A process, to allow for landfills, water treatment plants and other activities within the 305 floodplain. While Mr. Harvey does not believe this was the intent - to allow for these activities to occur in the floodplain, though 306 utilities often go through floodplains, there should not be a way for buildings or hazardous processes to go on in the floodplain. 307 These activities need to be conducted far outside the flood zone. Thus, the proposed amendment removes the mechanism for 308 the BOCC to issue a Class A SUP to engage in these activities. If certain hazardous chemicals are banned, they cannot be 309 used for an activity in the flood zone; otherwise, Staff would have to consider a variance or a waiving of the ban, which is 310 contradictory, as is FEMA’s minimum model in this case. This proposed amendment does not alter floodplain buffers or 311 development criteria for substantially damaged or improved structures (i.e. damaged more than 51% of market value or have 312 to be improved over 50% of market value) to bring them into compliance with the code. These changes would not hinder 313 hazard mitigation planning efforts for relocating certain structures outside of flood zones, which Staff used to do more often 314 when funding assistance was more available to property owners for this cause (land without structures within the floodplain 315 would then become designated Open Space). The proposed change would not impact the current subdivision processes that 316 require flood area to be kept as Open Space. Staff would also still be able to prevent temporary uses from being moored in the 317 flood zone since activities are not allowed in this area. Mr. Harvey said that these regulations do impact farm operations, 318 meaning that Staff could prohibit a farmer from putting a barn in an area with floodplain. If Staff tried to prevent a barn from 319 being erected in a floodplain buffer, he thinks he may lose the battle. 320 321 Tony Blake asked about temporary storage for hay within the floodplain buffer. 322 323 10 7 Michael Harvey answered that he did not think Staff could prevent a farmer from storing hay in the buffer or from planting trees 324 for harvest within a floodplain, even though the act of harvesting can destroy the groundcover within the flood zone. Mr. 325 Harvey continued with the general discussion of the amendment, specifically that with the elimination of the Overlay District, 326 there will not be massive advertising efforts and comprehensive reassessment every time flood maps are amended, which 327 usually occurs every 4 to 5 years. This does not mean that current advertising efforts are out the window; the County will 328 continue its practice of sending annual letters to all property owners (see example letters in the packet in Attachment 3) with 329 property encumbered by floodplain. Additionally, Staff will engage in activities such as holding open house events on 330 floodplain and flood zone information that give the County credit under the CRS program. FEMA has a process to allows a 331 person or entity to amend flood maps called a “letter of map review” or “letter of map amendment” that is a FEMA process, not 332 the County’s. A person could go to FEMA and provide data gathered by an engineer to debate a floodplain map. The Orange 333 County Planning Department could get an update 6 months later from FEMA with the updated data and the County would 334 have a 6-weeks turnaround time to adopt the change. The best available data has to be used and updated at all times. If the 335 average public hearing process takes 4 months, this update cannot be done in 6 weeks. The timelines given to local 336 governments by FEMA to change and update maps are getting shorter and shorter because FEMA is getting more dictatorial 337 with the process. The County does not have a lot of flexibility to do a simple text amendment because of the Overly District. 338 This amendment aims to address this problem while still upholding the County’s efforts to do outreach with the public on 339 floodplain education. To re-cap, this amendment puts floodplain regulations into one central section in Article 6; eliminates the 340 Overlay District; eliminates the aforementioned process of updating floodplain maps through massive and expensive 341 processes; and tweaking definitions to be consistent with the new minimum model; and adding objectives to be consistent with 342 FEMA guidelines. 343 344 Kim Piracci asked about the consequences of ignoring FEMA . Is the only consequence that homeowners would pay more for 345 their flood insurance? 346 347 Michael Harvey answered that the consequence of not passing this amendment by November 17, 2017 is that the County’s 348 program would be suspensed from the National Flood Insurance Program (NFIP) which means no resident of Orange County 349 would be able to buy flood insurance. 350 351 Kim Piracci asked how Houston got away with what they did. At least some of the residents in Houston had flood insurance. 352 353 Michael Harvey replied that in some instances, participation in the NFIP is voluntary. It is possible that Houston did not prohibit 354 development in a floodplain and that structures like houses had to be out of harm’s way, but they could be in the floodplain. 355 Development does not have to be prohibited in the flood zone; it just has to be done under required standards. Mr. Harvey 356 further discussed why development sometimes has to take place within flood zones, otherwise there would be no land area for 357 development in some regions, like in eastern North Carolina, for example. 358 359 Tony Blake said that it is different on the coast. He said that it is his understanding that FEMA came through Houston after the 360 last big storm before Hurricane Harvey to suggest improvements that would make it so people could get flood insurance. 361 Many people made those improvements and were able to get flood insurance. He further discussed potential issues in 362 Houston with development activities in flood zones. 363 364 Michael Harvey said that the proposed amendment does not change the County’s regulatory stance that the floodplain should 365 be untouched, but the amendment aims to eliminate elements to the flood management plan that cause great expense. The 366 County had to budget for the current floodplain map change notification effort for 3 years. 367 368 Tony Blake asked if there is a structure in the floodplain that is “grandfathered-in” and it is damaged, can this structure be 369 repaired? 370 371 Michael Harvey said that it would be conceivable that it could be repaired; it depends on how it was damaged. The definition 372 between substantial damage and substantial improvement would be applied to this case. For example, if a house was built 373 before a property owner entered the floodplain program; the house is considered “pre-FIRM (Flood Insurance Rate Maps)”. 374 For purposes of example, the house is worth $100,000. There is a big storm and a flood event and the house is damaged to a 375 point that it would cost $50,001 to repair. The house would be considered to have sustained substantial damage (greater than 376 50% of the value of the structure is destroyed) and would need substantial improvement (it would take more than 50% of the 377 11 8 value of the structure to repair it). The homeowner is responsible for bringing the structure into compliance with flood 378 regulation, which could mean relocating the structure out of the floodplain, if possible. In other situations, a house may need to 379 be elevated or be flood-proofed to allow for water to pass through or under the house. Another option would be to install flood-380 venting in a house. 381 382 Tony Blake asked if flood-venting would qualify as grading. 383 384 Michael Harvey said that it would not because the process simply puts a vent into the house itself. The County’s proposed 385 amendment will impact 80 structures in the whole County. 386 387 Kim Piracci asked if the 80 structures are homes or government buildings or other structures? 388 389 Michael Harvey replied that there are some buildings within Orange County below Base Flood Elevation. There are efforts to 390 address this problem and to carry them out will be expensive. The Department of Elections is a prime example. Once a 391 structure starts to sustain repetitive damage due to flood events, the structure must be brought into compliance with the code 392 for the benefit of the owner and for the surrounding community. Orange County benefitted from long range planning efforts in 393 the ‘60s, ‘70s’, 80s’, 90s’ to today following the philosophy of not allowing development in the floodplain. 394 395 Tony Blake asked to which flood-related map Mr. Harvey was referring. 396 397 Michael Harvey answered that he is talking about the FIRM map. The FIRM map encompasses the previous discussion. 398 399 Kim Piracci asked when the new floodplain maps will available online. 400 401 Michael Harvey answered that the maps are already available on the state’s Public Safety Department - FEMA Division 402 website. 403 404 Kim Piracci said that a good deal of her property is in a flood zone. 405 406 Michael Harvey said that the areas where they are seeing massive changes are located within the northern part of the County. 407 FEMA may have been a bit off on its calculations in this area. He said that this is not a complicated amendment, just a lot to 408 get through. 409 410 Tony Blake recognized the heavy-lifting Mr. Harvey had already done to get to this point. 411 412 Michael Harvey noted that James Bryan, County Attorney’s Office, has provided helpful feedback. Mr. Harvey said that 413 because the County is following the model as closely as possible. 414 415 Randy Marshall asked Michael Harvey if he was talking about all of Orange County. Does this exclude any involvement with 416 municipalities? 417 418 Michael Harvey replied that the municipalities run their own floodplain management programs. The notable exception is for 419 farm properties located within their ETJs; those properties now fall under the County’s jurisdiction. The communities and 420 appropriate divisions coordinate together. However, there would be nothing the County could do for a resident living within the 421 Town of Chapel Hill’s jurisdiction that was dealing with flood damage; the resident would request assistance from the 422 municipality. Chapel Hill has also developed within the floodplain in the past, like in the case of Eastgate Shopping Center 423 which is built on a floodplain. 424 425 Randy Marshall asked if the municipality’s regulations are not up-to-snuff, does Orange County have any oversight or 426 responsibility to encourage them to come into compliance? 427 428 Michael Harvey said that he thinks it is best to acknowledge that the municipality has adopted its own regulations and flood 429 damage management program. They have a different development model and different challenges than the County, and it is 430 12 9 not fair to say that its regulations are better or worse than the County’s. Chapel Hill’s model mirrors development interests, 431 opportunities and constraints and other realities in a condensed urban area. 432 433 Randy Marshall said that it appears to him that Chapel Hill’s regulations are inadequate or incompetent based on past history. 434 435 Dave Blankfard mentioned the Eastgate Shopping Center has done several things for flood mitigation like flood-proofing at the 436 Starbuck’s located there and re-doing the piping under some of the buildings. 437 438 Randy Marshall commented that these efforts were sort of like closing the barn door after the horses were already out. 439 440 Tony Blake said that it could be worse than that. He has heard talk about the Days Inn on Fordham Blvd being torn down and 441 that the area would be paved. 442 443 Randy Marshall said that that sort of move would likely be in violation of the County’s regulations. 444 445 Tony Blake said that outcomes of a move like that could affect the County’s emergency management vehicles. What can the 446 County do in these cases? 447 448 Kim Piracci asked for more information about the Days Inn. 449 450 Tony Blake explained that the Days Inn is going to be torn down and there will be a 7-story apartment or student housing 451 complex going in its place with 700-800 sq. ft. apartments. 452 453 Randy Marshall expressed concerns about how the stream in that area would be re-channeled. 454 455 David Blankfard commented that Bolin Creek will flood. 456 457 Tony Blake suggested putting in a large stormwater BMP (Best Management Practice) to manage the effects. He also said 458 that the University of North Carolina at Chapel Hill follows its own state regulations. 459 460 David Blankfard added that UNC works with the Town and developers on BMPs using a large-scale shared model that tracks 461 everything. 462 463 Michael Harvey noted that Chapel Hill is now charging a stormwater utility fee that has to be paid for development. The fee is 464 designed to be used to purchase property and make modifications to existing stormwater outfalls to make them more effective. 465 There have been some innovative projects that turn wetlands into rain gardens which helps issues associated with flooding. 466 The County has the benefit of not having to deal with these issues in the same way and the County has the luxury of doing 467 this with floodplain mostly being in compact area, whereas flooding can be a massive issue as it is nearby in Durham and in 468 Wake County. Additionally, the County has a planning program that strives to identify and locate high intensity development in 469 areas where there are not environmentally sensitive areas and floodplain, and the County has property that can fit this criteria. 470 The County benefits from many positives and the floodplain the County has is managed properly. 471 472 Tony Blake commented that Chapel Hill just used a chunk of budget for improving the Ephesus-Fordham area but will it be 473 enough. 474 475 Michael Harvey asked if anyone had any concerns about the amendment. 476 477 Tony Blake said that he wanted to discuss the amendment with some farmers who live around the Haw River who he would 478 be seeing soon. He wants to run this amendment by them. 479 480 Michael Harvey said that there is inherently no difference in what the County currently does, other than the elimination of the 481 Overlay District. 482 483 13 10 Tony Blake said that he suspected that the farmers would worry that they would be under more restrictions than they already 484 are, even though he knew that was not the case. 485 486 Michael Harvey said that this is not changing the level of complexity of the flood standards but just removing the Overlay 487 District. 488 489 Tony Blake said that he knew of a farmer who had grazing land within a floodplain along the Haw River. 490 491 Michael Harvey said that this amendment would not restrict his ability to use his property as a grazing area. 492 493 Tony Blake said that farmers may want to know if they can still keep storage, let their animals graze and mend fences on their 494 properties. 495 496 Michael Harvey replied that this would all still be allowed; they would not be allowed to build a barn in the floodplain, but he 497 thought that there would likely not be a farmer to build a nice barn in the floodplain. 498 499 Randy Marshall asked if OWASA was prevented from spraying in a floodplain areas. 500 501 Allison Reinert asked if he was referring to the spraying of bio-solids. 502 503 Michael Harvey said that if they would be spraying on farm property, he would have no legal authority to prevent them from 504 doing so. There is a measure in Article 4 on Watershed Protection Overlay Districts that prohibit bio-solid dispersal. However, 505 if the property is a farm, this measure would not be enforceable. 506 507 Tony Blake asked if OWASA would be allowed to spray on the land they own. 508 509 Michael Harvey said that since OWASA is a public utility company, he does not believe he would have the authority to restrict 510 this activity. Similarly, the Planning Department could not tell Piedmont Electric that they could not erect metal polls (instead of 511 the wooden polls) in their planning efforts for future use. Wrapping up his presentation, Mr. Harvey said that this amendment 512 was authorized by the public officials to move forward; they had no comments on the Overlay District elimination. 513 514 Kim Piracci asked if BOCC members were aware of the provision to take away BOCC authority from allowing hazardous 515 waste via SUP. 516 517 Michael Harvey said they did not have any concerns. He said that he does not see this as controversial but the biggest 518 challenge is getting this amendment change passed by November 17, 2017. The Planning Department was only notified of the 519 new maps in July. 520 521 Tony Blake asked if FEMA has contact residents that will be affected by flood map changes. 522 523 Michael Harvey replied that FEMA has already done public outreach and that the Planning Department also has already held 524 2 community meetings at different locations. Most of the issues identified were in the urban areas, though there was one at 525 Corporation Lake in Orange County’s jurisdiction where the data was wrong, but FEMA recognized the error and fixed it. 526 527 Allison Reinert shared that she has flood insurance that she received a letter from FEMA a couple of weeks ago notifying her 528 of the change with a reference to an online map. 529 530 David Blankfard shared that he also had received a letter. 531 532 Michael Harvey said that the Planning Department will be sending out letters to all affected property owners as well. Mr. 533 Harvey thanked the Board. 534 535 Tony Blake asked for a motion to adjourn the meeting. 536 537 14 11 MOTION by Randy Marshall to adjourn the September 6, 2017 ORC Meeting. Seconded by Dave Blankfard. 538 VOTE: UNANIMOUS 539 540 541 ___________________________________ 542 Lydia Wegman, Chair 543 15 DRAFT 1 MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 SEPTEMBER 6, 2017 3 REGULAR MEETING 4 5 6 MEMBERS PRESENT: Tony Blake (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy 7 Marshall, At-Large; David Blankfard, Hillsborough Township Representative; Patricia Roberts, Cheeks Township 8 Representative; Laura Nicholson, Eno Township Representative; Andrea Rohrbacher, At-Large Chapel Hill 9 Township; Alexander Gregory, Chapel Hill Township Representative; 10 11 MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Donna Coffey, Cedar 12 Grove Township Representative; Buddy Hartley, Little River Township Representative; Paul Guthrie, At-Large 13 Chapel Hill Township; 14 15 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Allison Reinert, Staff Engineer; Meredith Kern, 16 Administrative Assistant II 17 18 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 19 20 Tony Blake called the meeting to order. 21 22 AGENDA ITEM 2: INFORMATIONAL ITEMS 23 a) Planning Calendar for September and October 24 25 Tony Blake noted upcoming Board of Adjustment meetings. Michael Harvey said that the Board of Adjustment has no 26 upcoming meetings. There will also be no Quarterly Public Hearing on September 11, 2017. 27 28 AGENDA ITEM 3: APPROVAL OF MINUTES 29 August 2, 2017 Meeting Minutes 30 31 MOTION by Randy Marshall to approve the August 2, 2017 minutes. Seconded by Laura Nicholson. 32 VOTE: UNANIMOUS 33 34 AGENDA ITEM 5: PUBLIC CHARGE 35 36 Introduction to the Public Charge 37 The Board of County Commissioners, under the authority of North Carolina General Statute, 38 appoints the Orange County Planning Board (OCPB) to uphold the written land development 39 laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 40 harmonious development. OCPB shall do so in a manner, which considers the present and 41 future needs of its citizens and businesses through efficient and responsive process that 42 contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 43 will make every effort to uphold a vision of responsive governance and quality public services 44 during our deliberations, decisions, and recommendations. 45 46 PUBLIC CHARGE 47 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 48 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 49 fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 50 public charge, the Chair will ask the offending member to leave the meeting until that individual 51 regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 52 until such time that a genuine commitment to this public charge is observed. 53 16 DRAFT 2 54 AGENDA ITEM 6: CHAIR COMMENTS 55 56 Tony Blake commented on the quality of the minutes. He said that he was pleased to read that the airport was 57 discussed at the last meeting and hoped that Staff’s recommendations are adopted. He also commented that he was 58 glad that Laura Streitfeld provided comments to the Board. Mr. Blake said that he had been encouraging Ms. 59 Streitfeld to attend the meeting and give her pitch. He hopes that the County Commissioners will read her comments. 60 61 AGENDA ITEM 7: COMMITTEE/ADVISORY BOARD REPORTS 62 a) BOARD OF ADJUSTMENT 63 b) ORANGE UNIFIED TRANSPORTATION 64 65 Michael Harvey said that there are no upcoming Board of Adjustment meetings. He also reported that there are 66 several cases pending but no dates have been set. There are some applicants with unique challenges. 67 68 No report from the Orange Unified Transportation Board (OUT Board) 69 70 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA 71 72 Randy Marshall asked if there was any new information on tire storage issues at Triangle Tire. 73 74 Michael Harvey answered that Staff sent out a Notice of Violation to Triangle Tire but he has not heard a response 75 from the business at this time. This matter is being handled by Mr. Harvey’s division: Current Planning. 76 77 Randy Marshall said okay. He then talked about the situation in Houston with Hurricane Harvey and flooding where 78 there is lots of concerns about the fact that developers built on top of wetlands, impacting the extent to the damage 79 done there. He asked – Do we feel comfortable with the regulations we have in place in Orange County? Are 80 wetlands are well-protected or do we look at this matter further down the line? 81 82 Tony Blake commented that he would defer to Michael Harvey to answer this question, but that it is his 83 understanding that Orange County goes above and beyond what the state requires. 84 85 Randy Marshal replied that he would think that was the case. 86 87 Tony Blake said that the state has taken actions to override some of Orange County’s regulations. He deferred to Mr. 88 Harvey for more information. 89 90 Michael Harvey said that he has no concerns as of this evening. He asked the Board to remember that the state is 91 awaiting the results of a report on buffer requirements that could impact the County’s environmental management 92 program significantly. He said that Orange County has a fairly aggressive and proactive buffer protection program on 93 streams, wetlands, water features, and floodplain. It is conceivable, based on state action, that the County could lose 94 buffers currently enforced on wetlands, water bodies and streams and would have to follow the state minimum 95 model. Orange County does gets credit, especially when it comes to floodplain protection. Despite state action, Mr. 96 Harvey plans to enforce federal law to protect the County’s floodplain buffers, and he doubts that the federal 97 government would intercede. If Houston had respected its floodplain, it may not have had some of the issues it is 98 having now. 99 100 Randy Marshall wondered about the development off Homestead and the nearby creek downstream from Hogan 101 Farms. It seemed to him that the development was close to Bolin Creek. Does the County have any input into this 102 area or is it Carrboro’s jurisdiction? 103 104 Michael Harvey said that he thought the area was in Carrboro’s jurisdiction. The Orange County Planning 105 Department does not have regulatory authority of this area. However, the department may have been involved in joint 106 17 DRAFT 3 planning review with the Town of Carrboro but he was not assigned to courtesy review of this. If the Board wants an 107 update on this project, he recommended that members ask Craig at the next Planning Board meeting for more 108 information. 109 110 Randy Marshall asked if Michael Harvey knew the project to which he was referring. 111 112 Michael Harvey replied that while he is vaguely familiar with the project, he did not know specifics. 113 114 Randy Marshall thanked Mr. Harvey. 115 116 Kim Piracci reported on the Board of County Commissioners meeting last night. The BOCC passed a referendum to 117 commit to being fossil fuel-free by 2050. Ms. Piracci said that this commitment may seem like a day late and a dollar 118 short, but it is a step in the right direction and it made her happy. 119 120 Randy Marshall asked if this measure included vehicles. 121 122 Kim Piracci confirmed that it did include vehicles and that the point was to get rid of fossil fuels. 123 124 Tony Blake said that it is important that the power stations are not running on coal. Mr. Blake asked if anyone had 125 any other items to discuss. 126 127 Tony Blake called for a motion to adjourn the Planning Board meeting. Randy Marshall made the motion Seconded 128 by David Blankfard 129 130 VOTE: UNANIMOUS 131 132 AGENDA ITEM 8: ADJOURNMENT 133 134 ____________________________________ Lydia Wegman, Chair 18 ORANGE COUNTY PLANNING BOARD AGENDA ITEM ABSTRACT Meeting Date: October 4, 2017 Action Agenda Item No. 7 SUBJECT: Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Flood Damage Prevention Regulations and Special Flood Hazard Area (SFHA) Overlay District DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline Form 2017-03 2. Copy of Official Zoning Atlas 3. Statement of Consistency - Zoning Atlas Amendments 4. Ordinance Amending the Zoning Atlas 5. Statement of Consistency – UDO Text Amendments 6. UDO Text Amendments (MDH – Pending final legal review) 7. Planning Board Meeting Notice Mail Out Certification Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To review and make a recommendation to the BOCC on government-initiated amendments to the: • Orange County Zoning Atlas, and • Orange County Unified Development Ordinance (UDO) eliminating the Special Flood Hazard Area (SFHA) Overlay District and updating existing flood damage prevention regulations. BACKGROUND: Orange County has been a member of the National Flood Insurance Program (NFIP) since approximately 1976. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates, specifically through the adoption and enforcement of regulations designed to mitigate/reduce flood risk, in the program including adoption of flood maps denoting areas where flooding is a possibility. Through the enforcement of flood damage prevention regulations, the County requires incorporation of design standards (i.e. elevation of structures and utilities, installation of flood vents, prohibition of specific activities, etc.) in an effort to reduce the risk of loss during a flood. For more background information please refer to Attachment 1. 19 Recent changes by the Federal government in flood damage prevention standards, including development of new flood maps, require the County to modify existing regulation(s) in order to continue to be eligible for participation within the NFIP. On direction from the County’s Attorney in 2007, staff incorporated available flood mapping data directly onto the County Zoning Atlas creating the Special Flood Hazard Area (SFHA) overlay district. As there are modifications/updates to FEMA flood map data, the County is required to initiate a Zoning Atlas amendment incorporating same. This requires the holding and advertising of both a Planning Board meeting and a BOCC public hearing where the maps amendment(s) are being reviewed (i.e. notification of impacted property owners, notification of property owners within 1,000 ft. of the zoning change, posting of impacted properties with signs advertising the meetings, and legal advertisements). Depending on the scope and timing of FEMA map change(s) there may be significant and unplanned budgetary impacts, as well as significant time commitments, to incorporate said modifications. In consultation with current Attorney’s staff, Planning staff is recommending the elimination of the SFHA overlay district and adoption of the flood maps by reference in the UDO. As there are future changes/updates in flood mapping data, staff would complete a UDO text amendment incorporating reference to this new data, but would not have to complete a corresponding zoning atlas amendment. The move would reduce required budgetary outlays to cover notification of an atlas amendment to affected, and adjacent (i.e. those within 1,000 ft.), property owners. Please note as part of our floodplain management program, the Planning Department engages in a public awareness campaign keeping local property owners informed of flood issues as well as the various services offered by the County. This includes an annual letter sent to approximately 1,900 property owners whose property is encumbered by floodplain. This is part of our comprehensive floodplain management outreach program for which the County receives credit under the Community Rating System (CRS) resulting in a reduction in flood insurance premiums for local property owners. The elimination of the SFHA overlay district will not impact or alter existing outreach efforts conducted by the Department to keep property owners aware of flood issues and the various services offered to address compliance with flood regulations. Planning Director’s Recommendation: The Planning Director recommends approval of the: 1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable and in the public interest as contained in Attachment 3, 2. Ordinance amending the Zoning Atlas eliminating the SFHA Overlay District as contained in Attachment 4, 3. Statement of Consistency indicating the proposed UDO text amendment(s) are reasonable and in the public interest as contained in Attachment 5, and 4. The UDO text amendments as contained in Attachment 6. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for mailed notifications and the required legal advertisement will be paid from FY2017-18 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. 20 RECOMMENDATION(S): The Planning Director recommends the Planning Board: 1. Review the proposed amendments to the Zoning Atlas and the UDO, 2. Deliberate on the proposal as desired, 3. Consider the Planning Director’s recommendation, and 4. Make a recommendation to the BOCC on: a. The Statement of Consistency for proposed Zoning Atlas Amendment(s) (Attachment 3), b. Ordinance amending the Zoning Atlas (Attachment 4), c. The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment 5), and d. Proposed UDO Text Amendment(s) (Attachment 6). in time for the November 2017 Quarterly Public Hearing. 21 Form Revised 09-29-16 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2017-03 Revise and update existing flood damage prevention regulations consistent with new Federal minimum standards, including adoption of new Flood Insurance Rate Map (FIRM) data. A. AMENDMENT TYPE Map Amendments Future Land Use Map: From: To: Zoning Map: Elimination of the Special Flood Hazard Area (SFHA) Overlay District. Planning staff will reference the adoption of new flood mapping data within the Unified Development Ordinance (UDO). From: To: Other: Text Amendments Comprehensive Plan Text: Section(s): UDO Text: UDO General Text Changes UDO Development Standards UDO Development Approval Processes Section(s): Section(s): 1. 1.1.3 Flood Damage Prevention Authority; 2. 1.1.6 Applicability and Jurisdiction; 3. 1.1.8 Regulation of Farming and Bona Fide Farm Activities; 4. 1.1.19 Disclaimer of Liability – Flood Regulations; 5. 1.2.2 Interpretation of Zoning District Boundaries; 6. 1.10 Floodplain Administrator ; 7. 2.6 Floodplain Development Permit ; 8. 2.10 Variances ; 9. 4.3 Special Flood Hazard Overlay District ; 10. Article 6 Development Standards ; Attachment 1 22 Form Revised 09-29-16 11. 6.6 Additional Standards for Overlay Districts – Special Flood Hazard Area Overlay ; 12. 6.13 Stream Buffers ; 13. Article 7 Subdivisions ; 14. Article 8 Non-conformities ; 15. Article 9 Enforcement ; and 16. Article 10 Definitions Other: B. RATIONALE 1. Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director has initiated text amendments to revise and update existing flood damage prevention regulations as well as a zoning atlas amendment to eliminate the Special Flood Hazard Area (SFHA) Overlay District. The proposal involves updating existing standards to ensure consistency with the new Federal minimum model flood damage prevention ordinance as well as adopting new flood mapping data by reference in the UDO. 2. Analysis As required under Section 2.8.5 of the UDO, the Planning Director is required to: ‘cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners’. In 1968 Congress created the National Flood Insurance Program (NFIP) to help provide a means for property owners to financially protect themselves from the possible damage of structures resulting from flood events. The program is intended to supplement typical homeowner insurance policies, which do not cover damage to structures resulting from a flood. The NFIP offers flood insurance in communities that participate, specifically through the adoption and enforcement of regulations designed to mitigate/reduce flood risk commonly referred to as flood damage prevention regulations, in the program. Part of the ‘regulations’ local communities are required to adopt are Flood Insurance Rate Maps (FIRM) denoting areas susceptible to flooding. Participating communities use these maps to verify the anticipated ‘elevation’ of flood waters during a storm event and work with property owners to ensure structures are not located in areas where flooding is a possibility. FIRM maps are modified over time to reflect changes, both increases and decreases, in anticipated flood levels. Participating communities are required to adopt these new maps once they are certified to continue to be eligible for participation in the NFIP. Orange County has been a member of the NFIP since approximately 1976. 23 Form Revised 09-29-16 The County’s original FIRMs became effective on March 16, 1981, with the last update being completed on February 2, 2007. After a 3 year process, the County was informed in late June of 2017, new FIRM maps have been certified by the Federal government and are required to be adopted by local communities no later than November 17, 2017. Based on advice received from the County’s Attorney in 2007, staff incorporated FIRM data onto the County Zoning Atlas creating the Special Flood Hazard Area (SFHA) overlay district. At the time staff expressed concerned over the fluid nature of FIRM data, which can be modified through the completion of an engineering study reviewed at the State and Federal level. While Planning staff is somewhat involved in this process, the timeline for review and action is dictated by others. Changes resulting from this review require re-adoption of flood mapping data at the local level, translating to the holding of a public hearing to amend the boundary of the SFHA overlay district. In consultation with current representatives of the County Attorney’s office, it has been determined it would be prudent to eliminate the SFHA overlay district and adopt the FIRM maps by reference in the UDO. As there are changes in flood mapping data, staff would still be required complete a UDO text amendment incorporating the new FIRM maps but would not have to complete an atlas amendment. It should be noted this is how the majority of surrounding communities handle references/changes to FIRM data. Please note as part of our floodplain management program, the Planning Department engages in a public awareness campaign keeping local property owners informed of flood issues as well as the various services offered by the County. This includes an annual letter sent to approximately 1,900 property owners whose property is encumbered by floodplain. This is part of our comprehensive floodplain management outreach program for which the County receives credit under the Community Rating System (CRS) resulting in a reduction in flood insurance premiums for local property owners. An example of this annual outreach letter is contained in Attachment 3. The elimination of the SFHA overlay district will not impact or alter existing outreach efforts conducted by the Department to keep property owners aware of flood issues and the various services offered to address compliance with flood regulations. Copies of the pending flood map data are available at the County Planning office or by visiting the North Carolina Flood Risk Information System (FRIS) webpage at: http://fris.nc.gov/fris/Home.aspx?ST=NC. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Chapter 2 Planning Principles of the Comprehensive Plan: • Principle 2 – Sustainable Growth and Development: Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. Chapter 5 Land Use Element of the Comprehensive Plan: • Land Use Goal 1 – Fiscally and environmentally responsible, sustainable growth consistent with the provision of adequate services and facilities and a 24 Form Revised 09-29-16 high quality of life. • Land Use Goal 2 – Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. • Land Use Goal 4 – Land development regulations, guidelines, techniques, and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 4. New Statutes and Rules Federal revised minimum model flood damage prevention ordinance and new floodplain maps. C. PROCESS a. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed September 5, 2017 b. Quarterly Public Hearing November 14, 2017 c. BOCC Updates/Checkpoints September 6, 2017 – Planning Board Ordinance Review Committee (ORC) meeting (BOCC receives agenda materials) October 4, 2017 – Planning Board Recommendation (BOCC receives agenda materials) d. Development Advisory Committee (DAC) 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: September 6, 2017 – Ordinance Review Committee (ORC). During the ORC meeting the following questions/comments were made: a. A Board member asked if the amendment will impact farm operations. STAFF COMMENT: While the County has always had the authority to prevent the erection of farm structures within the Special Flood Hazard Area (SFHA), we cannot prohibit grazing and/or the planting/harvesting of crops within same. Further the County cannot enforce the floodplain September 21, 2017 To be determined N/A 25 Form Revised 09-29-16 buffer as detailed in Section 6.13 of the Unified Development Ordinance (UDO) on a bona fide farm. b. A Board member asked what a Flood Insurance Rate Maps (FIRM) is and how are they produced. STAFF COMMENT: The FIRM is the official map on which FEMA has delineated the special flood hazard areas (SFHA) applicable to a specific community, which include the following information: • Common physical features (i.e. highways, roadways, railroads, water features, etc.), • Identified SFHAs, • Base flood elevations (BFE) or anticipated depth of flooding for given areas, • Flood insurance risk zones, and • Areas subject to inundation by the 500-year flood. FIRMs are created by Federal Emergency Management Agency (FEMA) officials at both the State and Federal level(s) after an analysis of the flood hazards in a given area are studied and evaluated. This study/evaluation is commonly referred to as a Flood Insurance Survey (FIS), prepared by FEMA, providing an analysis of the flood hazards in a given community. Once completed the FIS report contains detailed flood elevation data for the community in both flood profiles and data tables. c. A Board member asked if the elimination of the Special Flood Hazard Area Overlay District will negatively impact our flood management program. STAFF COMMENT: There should be no impact. Flood data will still be displayed on County GIS system(s) which can be viewed at: https://gis.orangecountync.gov:8443/orangeNCGIS/default.htm. d. A Board member asked if these amendment(s) will alter the County’s floodplain management outreach program. STAFF COMMENT: No. Staff will continue to send annual letters to local property owners outlining the services we offer as part of our floodplain program. e. A Board member asked if there is an increase in the identified floodplain in Orange County. STAFF COMMENT: The new FIRM denotes an increase in identified floodplain on several parcels of property as well as a measurable reduction for some parcels. This is the result in more accurate models, completed as part of the FIS, denoting those areas where flooding is possible throughout the area. 26 Form Revised 09-29-16 October 4, 2017 – Recommendation b. Advisory Boards: N/A c. Local Government Review: N/A d. Notice Requirements Legal advertisement for the public hearing shall be in accordance with the provisions of the UDO. e. Outreach: 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 updating of existing flood damage prevention standards and the new FIRM data will ensure consistency with the new Federal minimum model flood damage prevention ordinance and allow us to maintain our membership in the NFIP program. E. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment 6. Primary Staff Contact: Michael D. Harvey Current Planning Supervisor (919) 245-2597 mharvey@orangecountync.gov General Public: Small Area Plan Workgroup: Other: 27 Form Revised 09-29-16 28 M T S I NAIRD B R A DSH A W Q U ARR Y R D W K ING ST US 70 W O R A N G E G R O VERD S T M A R Y S R D W H I T FIELD RD ERWINRD U S 7 0 E BOR L A N D R D L I T TLE RIVERCHURCH RD LYNC HSTORE RD N C 8 6 S ESTES D R NC 57 NC54W D A I R Y L AND R D N E W H O PECH U R C HRD FR AZI ERRD DAVISRD HOME S T EAD RD EUBA N K S R D WALKER R D D A MAS CUSCHURC H R D N C 49 HATC H R D H A L LS MI L L R D E F RANKLINST PHELPS RD H A R M O NY C H URCHRD US15501S DODSONSXRDS C R A IGRD N C 54 PINEHURST DR J O N E S FE R R Y R D T E RRYRD S A W M I LL R D H E ST E RRD G RAYR D WEAVER DAIRYRD FER G USONRD OLD NC 10 G U E SS R D PEARSONRD US70A WEST TEN RD OA K WOOD S T US70E N I C K SRD M ILLERRD LEEST C A R R STORE RD BO W M A N R D NEVILLE R D B REEZE RD F O R D H AMBLVD SCHLEY R D M C D ADEST ORE RD HEBR O N CH U RCHR D BACONR D K E NION RD BIVIN S RD NC54 D OCCO RBETT R D S AW Y E R R D ARTHUR M INNI S RD BROO K HOLLOWRD L A WS STORE RD FARRINGT O N R D B AMARD I 4 0 E IRAR D I 4 0 W I 85 S Y A R B O R O U G H R D OLINRD MILLIKA NRD I 85 N TEERRD O R M O N D R D HOLLY RIDGERD M I N C EY R D TE E R R D KIGER RD C O M P T O N R D N E W S H A R O N C H U R CHRD SMITH L E V E L RD N C 8 6 N MORROW M I L L R D WI L K E R S O N R D OL D N C 86 PLEASANTGREENRD HIGHROCKRD HURD L E M I L LS R D HUNTRD MT W I L LIN G R D MEBANE O A K S R D D I MMOCKS MILL R D LAWRENCERD E F L A N D CEDAR GROVE RD KERLEYRD N C 1 5 7 NC157 WHITECROSSRD RA YRD HAWKINS RD TAP P RD ALLIS O N R D C O R B E T T RIDG E R D B R O W N R DA RTRD WADEL OO P Orange County Zoning Orange County and Planning and Inspections Department.This copy printed September 19, 2017. Map is for reference use only.Contact Planning staff for verification of data.· 0 1 2 3Miles1 in = 3 miles City Limits ETJ CA Transition CH Transition Streams Water Bodies Residential AR RB R1 R2 R3 R4 R5 R8 PUD-R1 PDHR1 PDHR2 PDHR4 PDHR5 PDHR8 PDHRB Business/Commercial LC1 NC2 CC3 GC4 EC5 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-4 EDH-5 PDCGC4 O/RM PD-OI AS Overlays Watersheds Efland-Cheeks Highway 70Overlay District Pre-designatedCommercial Area Major Transportation Corridor Stoney Creek Basin Special Flood Hazard Areas Efland Interstate Efland Village ConditionalZoning REDA-CZ-1 MPD-CZ Industrial I1 I2 I3 EI PD-I1 Public PID 29 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated amendments to the Zoning Atlas to eliminate the Special Flood Hazard Area (SFHA) Overlay District as currently depicted on the official Orange County Zoning Atlas. The County will adopt flood map data, as generated/maintained by the Federal Emergency Management Agency (FEMA) and depicted on Federal Insurance Rate Map (FIRM), by reference within the Unified Development Ordinance (UDO). The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan, which is proposed for concurrent amendments. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6 – A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by referencing, adopting, and enforcing a single source of flood map data as well as eliminating the need for staff to maintain multiple sources of flood information. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by eliminating potential sources of contradictory flood map information. This amendment ensures uniformity by eliminating SFHA overlay district in its entirety and relying solely on flood data created and maintained by FEMA. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed Zoning Atlas amendment(s). ______________________ ________________________ Lydia N. Wegman, Chair Date Attachment 3 30 Ordinance #: ________ 1 AN ORDINANCE AMENDING ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has initiated amendments to the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County UDO, and WHEREAS, the proposed amendment eliminates the Special Flood Hazard Area (SFHA) Overlay District as currently depicted on the official Orange Zoning County Zoning Atlas impacting the following specific parcels: Site Identification: ADDRESS OWNER LAST NAME PIN 1 1000 SABRE CT COCOMERO 9768160253 1 1000 SABRE CT COCOMERO 9768160723 2 1002 IREDELL ST KOONTZ 9885353948 2 1002 IREDELL ST KOONTZ 9886986894 3 101 E ORANGE ST HILLSBOROUGH TOWN 9847920789 3 101 E ORANGE ST HILLSBOROUGH TOWN 9848340525 3 101 E ORANGE ST HILLSBOROUGH CITY 9848355381 4 101 MCDADE STORE RD COMPTON 9857615075 4 101 MCDADE STORE RD COMPTON 9857710277 5 1010 LAKEVIEW DR HARTSELL 9820987058 5 1010 LAKEVIEW DR FUCHS 9857561262 6 1015 WAVE RD CHRISTENSEN 9832068188 6 1015 WAVE RD CHRISTENSEN 9832160677 7 102 WHITE CAP CT WHITE FAMILY PROPERTY 9875635812 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875648222 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875747562 7 102 WHITE CAP CT WHITE FAMILY PROPERTIES 9875759293 8 1020 LAWRENCE RD DUBOSE 9884148879 8 1020 LAWRENCE RD DUBOSE 9884243189 9 1021 DIMMOCKS MILL RD COON ROCK FARM 9864122219 9 1021 DIMMOCKS MILL RD COON ROCK FARM 9864224688 10 103 GRAPEVINE LN GWIN 9863809523 10 103 GRAPEVINE LN GWIN 9863900565 11 1032 DIMMOCKS MILL RD ISKCON OF NORTH CAROLINA 9864030474 11 1032 DIMMOCKS MILL RD ISKCON OF NORTH CAROLINA 9864033511 12 105 MIRAMAR PLACE RICHARDSON 9777271265 12 105 MIRAMAR PLACE RICHARDSON 9777271751 13 1050 DUFFYS WAY MANSHIP 9749223199 13 1050 DUFFYS WAY MANSHIP 9749225643 13 1050 DUFFYS WAY MANSHIP 9749229743 Attachment 4 31 14 109 N CARDEN DR CARDEN 9858724035 14 109 N CARDEN DR CARDEN 9858726195 15 11 LEIGH DR SMOLLEN 9758576651 15 11 LEIGH DR SMOLLEN 9758672521 16 1101 HAYNES ST #205 TRIANGLE 9882282545 16 1101 HAYNES ST #205 TRIANGLE 9882291055 16 1101 HAYNES ST #205 TRIANGLE 9882387512 16 1101 HAYNES ST #205 TRIANGLE 9883304125 17 1111 BEN JOHNSTON RD WARD 9864043679 17 1111 BEN JOHNSTON RD WARD 9864052222 18 115 REID ROBERTS RD ROBERTS 9885244341 18 115 REID ROBERTS RD ROBERTS 9885253065 19 116 W JONES ST NORTH CAROLINA STATE 0803330921 19 116 W JONES ST NORTH CAROLINA STATE 0803351010 19 116 W JONES ST NORTH CAROLINA STATE 0803358190 19 116 W JONES ST STATE OF NORTH 0803362006 19 116 W JONES ST NORTH CAROLINA STATE 0803452622 19 116 W JONES ST NORTH CAROLINA STATE 9885811011 19 116 W JONES ST NORTH CAROLINA STATE 9885905218 19 116 W JONES ST NORTH CAROLINA STATE 9893743826 19 116 W JONES ST NORTH CAROLINA STATE OF STATE 9893757184 19 116 W JONES ST NORTH CAROLINA STATE 9893771822 19 116 W JONES ST NORTH CAROLINA STATE 9895722880 19 116 WEST JONES ST NORTH CAROLINA STATE OF STATE 9893649998 19 116 WEST JONES ST NORTH CAROLINA STATE OF STATE 9893854356 20 118 WOODKIRK LN POVSIC 9881123777 20 118 WOODKIRK LN POVSIC 9881133144 21 120 MINKA FARM LN MINKA FARM LLC 9831977119 21 120 MINKA FARM LN MINKA FARM LLC 9845053927 22 1201 NEW HOPE CHURCH RD TAPP 9871677605 22 1201 NEW HOPE CHURCH RD TAPP 9871690047 23 1216 CRAWFORD DAIRY RD BRAXTON 9727973537 23 1216 CRAWFORD DAIRY RD BRAXTON 9727983789 24 1220 MT CREEK RD COOK 9871488233 24 1220 MT CREEK RD COOK 9871573883 24 1220 MT CREEK RD COOK 9871583565 24 1220 MT CREEK RD COOK 9871588254 25 1233 TRIPP RD SMITH 9747479816 25 1233 TRIPP RD SMITH 9747489321 26 1306 GOVERNOR BURKE RD LATTAS EGG RANCH INC 9875250658 26 1306 GOVERNOR BURKE RD LATTA'S EGG RANCH 9875350483 26 1306 GOVERNOR BURKE RD LATTAS EGG RANCH 9875453652 26 1306 GOVERNOR BURKE RD LATTA'S EGG RANCH 9875664826 27 1313 LAKE ORANGE RD LEE 9857530491 32 27 1313 LAKE ORANGE RD LEE 9857531511 27 1313 LAKE ORANGE RD LEE 9857531606 27 1313 LAKE ORANGE RD LEE 9857531717 27 1313 LAKE ORANGE RD TALTON 9857532274 28 1319 FRAZIER RD HALL 9835765469 28 1319 FRAZIER RD HALL 9835769381 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9874864363 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9884075341 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9884582753 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9893595512 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893732340 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893735417 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9893852155 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894170451 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE OF STATE 9894519810 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894524693 29 1321 MAIL SERVICE CENTER NORTH CAROLINA STATE 9894607767 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9894639313 29 1321 MAIL SERVICE CENTER STATE OF NORTH 9894710654 29 1321 MAIL SERVICE CTR NORTH CAROLINA STATE 9874988553 29 1321 MAIL SERVICE CTR STATE OF NORTH CAROLINA 9893655670 30 135 CEDAR HILLS CIR FUNKHOUSER 9893856947 30 135 CEDAR HILLS CIR FUNKHOUSER 9893863109 31 138 RIDGE TRL GHOBRIAL 9862805890 31 138 RIDGE TRL GHOBRIAL 9862814095 32 1400 BEN JOHNSTON RD BROOKS 9854928491 32 1400 BEN JOHNSTON RD BROOKS 9854930649 33 1414 A OLD GREENSBORO RD YOW 9768301576 33 1414 A OLD GREENSBORO RD YOW 9768304627 34 1414 GREGORY GLEN DR GREGORY 9857791878 34 1414 GREGORY GLEN DR GREGORY 9858701092 35 1415 JONES FERRY RD STOKES 35 1415 JONES FERRY RD STOKES 36 1415 W HWY 54 W A MASSEY FAMILY 9832034940 36 1415 W HWY 54 W A MASSEY FAMILY 9832244269 36 1415 W HWY 54 W A MASSEY FAMILY 9832428715 36 1415 W HWY 54 W A MASSEY FAMILY 9832430618 37 146 YONDER TRL MONAST 9892162237 37 146 YONDER TRL MONAST 9892169560 38 1546 MAIL SERVICE CTR DEPARTMENT OF TRANSPORTATION 9893608714 38 1546 MAIL SERVICE CTR DEPARTMENT OF TRANSPORTATION 9893609689 39 16 YORK WOODS PL TIPTON 9878058870 39 16 YORK WOODS PL TIPTON 9878161058 40 1600 GARDEN ST BAKER 9769505359 33 40 1600 GARDEN ST BAKER 9769506700 41 1604 AINSWORTH BRUHNS 9857638676 41 1604 AINSWORTH BRUHNS 9857639662 42 1606 FAUCETTE MILL RD JUDD 9855847119 42 1606 FAUCETTE MILL RD JUDD 9855952319 43 1630 BRIAR LN COLEMAN 9877995858 43 1630 BRIAR LN COLEMAN 9877996360 44 1717 HALLS MILL RD VOLPE 9856443429 44 1717 HALLS MILL RD VOLPE 9856453583 45 1718 PEARSON RD OAKLEY 9878052938 45 1718 PEARSON RD OAKLEY 9878145497 45 1718 PEARSON RD OAKLEY 9878149296 45 1718 PEARSON RD OAKLEY 9878244058 45 1718 PEARSON RD OAKLEY 9878342135 46 1725 RIVERSIDE DR SCHMOOCK 9874757890 46 1725 RIVERSIDE DR SCHMOOCK 9874758982 47 1740 RIVERSIDE DR WORTH PROPERTY GROUP LLC 9874756650 47 1740 RIVERSIDE DR WORTH PROPERTY GROUP LLC 9874757628 48 1801 WILDCAT CREEK RD LLOYD 9738912942 48 1801 WILDCAT CREEK RD LLOYD 9748022041 49 181 N SERENITY HILL CIR MCDONALD 9766689915 49 181 N SERENITY HILL CIR MCDONALD 9766991332 50 1906 WESTERN TR ERIE 9728345790 50 1906 WESTERN TR ERIE 9728347323 51 1909 E CHAPMAN CT FRANZESE 9857637105 51 1909 E CHAPMAN CT FRANZESE 9857638157 52 20 ROUNTREE LN OXAAL 0818133899 52 20 ROUNTREE LN OXAAL 0818143395 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER HOMEOWNER 9885255612 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER HOMEOWNER 9885264448 53 200 NEW SHARON CHURCH RD FOX HILL FARM MASTER HOMEOWNER 9885354074 53 200 NEW SHARON CHURCH RD FOX HILL FAMR MASTER HOMEOWNER 9885360094 53 200 NEW SHARON CHURCH RD FOX HILL FARMS MASTER HOMEOWNERS 9885361620 53 200 NEW SHARON CHURCH RD FOX HILL FARM MASTER HOMEOWNERS 9885367766 53 200 NEW SHARON CHURCH RD FOX HILL FARM SOUTH HOME OWNERS 9885601301 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885331834 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885355629 54 200 NEW SHARON CHURCH RD FOX HILL FARM 9885502301 55 2005 JONES FERRY RD CORBETT 9767497807 34 55 2005 JONES FERRY RD CORBETT 9767592658 56 2103 NEW HOPE CH RD STRAYHORN 9886260611 56 2103 NEW HOPE CH RD STRAYHORN 9886291471 57 2112 FAUCETTE MILL RD WALLACE RIVER LLC 9855767241 57 2112 FAUCETTE MILL RD WALLACE RIVER LLC 9855787004 57 2112 FAUCETTE MILL RD WALLACE RIVER 9855850895 58 214 MILLSTONE DR WARREN 9845527150 58 214 MILLSTONE DR WARREN 9845613620 59 2189 GIFFORD DR DAVIS 9835204750 59 2189 GIFFORD DR DAVIS 9835206659 59 2189 GIFFORD DR DAVIS 9835206744 60 221 CHESLEY LN OLD FIELD CREEK 9881222099 60 221 CHESLEY LN OLD FIELD CREEK 9881230565 60 221 CHESLEY LN OLD FIELD CREEK 9887463993 60 221 CHESLEY LN OLD FIELD CREEK 9887570099 61 2303 WILLIAM & MARY DR TROMBA 9871877329 61 2303 WILLIAM & MARY DR TROMBA 9871988924 62 2311 FALLS DR ONTIVEROS 9881193683 62 2311 FALLS DR ONTIVEROS 9881195538 63 2319 CELASTRUS DR QUINT 9881197149 63 2319 CELASTRUS DR QUINT 9881198258 64 2342 CASTLEROCK FARM RD CURTIS 9825948348 64 2342 CASTLEROCK FARM RD CURTIS 9835130411 64 2342 CASTLEROCK FARM RD CURTIS 9835250245 65 2342 CASTLEROCK FARM RD BEAVER VALLEY HOMEOWNERS ASSOC 9835037821 65 2342 CASTLEROCK FARM RD BEAVER VALLEY HOMEOWNERS ASSOC 9835043955 65 2342 CASTLEROCK FARM RD BEAVER VALLEY HOMEOWNERS ASSOC 9835158607 66 2415 FALLS DR PERRY 9881292684 66 2415 FALLS DR PERRY 9881295601 67 2455 DUNSTAN RD MIRANDA 9871672167 67 2455 DUNSTAN RD GERON 9871762645 68 2500 WOODS LP RD COLEMAN 9877890738 68 2500 WOODS LP RD COLEMAN 9878707631 69 2606 MILLER RD MCBROOM 9857805698 69 2606 MILLER RD MCBROOM 9857806379 69 2606 MILLER RD MCBROOM 9857815084 70 2626 GLENWOOD AVE CHESSON 9893700229 70 2626 GLENWOOD AVE CHESSON 9893702502 71 2633 SHADETREE RD HENDRY 9853348021 71 2633 SHADETREE RD HENDRY 9853441190 71 2633 SHADETREE RD HENDRY 9853445075 72 2635 JACK FRANKLIN RD FRANKLIN 9884686498 72 2635 JACK FRANKLIN RD FRANKLIN 9884792087 73 2701 US 70W LLOYD 9854521180 35 73 2701 US 70W LLOYD 9855523233 74 2707 NC HWY 86 S WILFORD WOODS 9884476604 74 2707 NC HWY 86 S WILFORD WOODS 9884478618 74 2707 NC HWY 86 S WILFORD WOODS 9884570711 75 2791 HWY 24 LOT 8A JAMES 9878155761 75 2791 HWY 24 LOT 8A JAMES 9878156457 76 2793 PICKARD MILL LN BURLINGAME 9850779856 76 2793 PICKARD MILL LN BURLINGAME 9850875807 77 3011 UNIVERSITY STATION RD HILL 9883936115 77 3011 UNIVERSITY STATION RD HILL 9883937075 78 305 TRIPLE CREEK DR FAISON 9857456507 78 305 TRIPLE CREEK DR FAISON 9857462802 78 305 TRIPLE CREEK DR FAISON 9857487140 79 306F REVERE RD ORANGE COUNTY 9850866544 79 306F REVERE RD ORANGE COUNTY 9850958524 80 3101 PETTY RD SUITE 800 ORANGE AFFILIATED 9776293140 80 3101 PETTY RD SUITE 800 ORANGE AFFILIATED 9776294576 81 3116 HAWKINS RD CHAPMAN 9866631054 81 3116 HAWKINS RD CHAPMAN 9866634017 81 3116 HAWKINS RD CHAPMAN 9889303372 82 318 CRAWFORD RD CLAYTON 9857658556 82 318 CRAWFORD RD CLAYTON 9874879022 83 319 DAVIS RD DAVIS 9862893609 83 319 DAVIS RD DAVIS 9863805324 84 3209 OLD CH HILLSBOROUGH RD SCARLETTE 9873017820 84 3209 OLD CH HILLSBOROUGH RD SCARLETT 9873110686 84 3209 OLD CH HILLSBOROUGH RD SCARLETT 9873110739 84 3209 OLD CH HILLSBOROUGH RD SCARLETT 9873111777 85 3315 EDMOND LATTA RD MILTON A LATTA & SONS DAIRY FARMS 9877520417 85 3315 EDMOND LATTA RD MILTON A LATTA & SONS DAIRY 9877601770 86 3803 SWARTHMORE RD DICKSON FARM LIMITED 9891807072 86 3803 SWARTHMORE RD DICKSON FARM LIMITED 9891906125 87 400 JONES FERRY RD ORANGE WATER & SEWER 9739864820 87 400 JONES FERRY RD ORANGE WATER & SEWER 9759544146 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830056387 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830063817 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830073116 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830074313 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830163928 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830165400 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830167592 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830175313 87 400 JONES FERRY RD ORANGE WATER AND SEWER 9830252373 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830266790 36 87 400 JONES FERRY RD ORANGE WATER AND SEWER 9830272529 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830896259 87 400 JONES FERRY RD ORANGE WATER & SEWER 9830968897 87 400 JONES FERRY RD ORANGE WATER & SEWER 9831805832 87 400 JONES FERRY RD ORANGE WATER & SEWER 9831908355 87 400 JONES FERRY RD ORANGE WATER & SEWER 9831924527 87 400 JONES FERRY RD ORANGE WATER & SEWER 9840073754 87 400 JONES FERRY RD ORANGE WATER & SEWER 9840079933 87 400 JONES FERRY RD ORANGE WATER AND SEWER 9840270872 87 400 JONES FERRY RD ORANGE WATER AND SEWER 9840285444 87 400 JONES FERRY RD ORANGE WATER & SEWER 9841011912 88 4017 MCKEE SCHOOL RD SPADA 9887575007 88 4017 MCKEE SCHOOL RD SPADA 9887577076 89 402 OREGON ST DUKE UNIVERSITY SCHOOL OF 9864074274 89 402 OREGON ST DUKE UNIVERSITY 9891431974 90 402 OREGON ST DUKE 9881003322 90 402 OREGON ST DUKE 9881210859 90 402 OREGON ST DUKE 9883018938 90 402 OREGON ST DUKE 9892712705 90 402 OREGON ST DUKE 9892732781 90 402 OREGON ST DUKE 9892831534 90 402 OREGON ST DUKE 9892844021 91 4112 POWDER MILL RD WARNER 9882273321 91 4112 POWDER MILL RD WARNER 9882284096 92 4141 1ST STREET PL NW BROWN 9873044531 92 4141 1ST STREET PL NW BROWN 9873057534 92 4141 1ST STREET PL NW BROWN 9873057860 93 4200 DUNKELD WAY SMITH 9893598144 93 4200 DUNKELD WAY SMITH 9893598302 94 4304 DUNKELD WAY BACHMAN 9893589687 94 4304 DUNKELD WAY BACHMAN 9893680535 95 4310 BRADSHAW QUARRY RD KIRK 9841265878 95 4310 BRADSHAW QUARRY RD KIRK 9841470281 96 4310 ENO CEMETERY RD MCHALE 9857654358 96 4310 ENO CEMETERY RD MCHALE 9857655080 96 4310 ENO CEMETERY RD MCHALE 9857655255 97 4324 GRASSY RIDGE RD JOHNSON 9857541026 97 4324 GRASSY RIDGE RD JOHNSON 9857541118 97 4324 GRASSY RIDGE RD JOHNSON 9857541217 97 4324 GRASSY RIDGE RD JOHNSON 9857541338 97 4324 GRASSY RIDGE RD JOHNSON 9857541459 97 4324 GRASSY RIDGE RD JOHNSON 9857541549 97 4324 GRASSY RIDGE RD JOHNSON 9857541748 97 4324 GRASSY RIDGE RD JOHNSON 9857541750 97 4324 GRASSY RIDGE RD JOHNSON 9887654992 37 98 4325 SUGAR RIDGE RD GILBERT 9841284981 98 4325 SUGAR RIDGE RD GILBERT 9841285770 98 4325 SUGAR RIDGE RD GILBERT 9841383940 99 4404 GUESS RD ASSOC FOR THE PRESERVATION OF THE 9855575135 99 4404 GUESS RD ASSOC FOR THE PRESERVATION OF THE 9855672244 99 4404 GUESS RD ASSOC FOR THE PRESERVATION OF THE 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CREEK DR MONTGOMERY 9749432228 1752 9907 OAK HOLLOW RD LITTLE 9885902606 1753 BOX 16413016 MILLER 9835339041 1754 BOX 36 LEE 9844994589 1755 C/O PINEY MT HOMEOWNERS ASSOC PINEY MOUNTAIN 9892804415 1756 CENTER FOR TROPICAL CONSER TERBORGH 9891130479 1757 D O T STATE OF NORTH 9894607077 1758 DEPT OF JUSTICE ATTN J D HILL NORTH CAROLNA STATE 9895850247 1759 OF THE ENO RIV VAL INC ASSOCIATION FOR THE 9856362947 1760 OLD HWY 86 DUKE ENERGY 9893556457 1761 P O BOX 1179 PIEDMONT ELECTRIC MEMBERSHIP 9864135926 1762 P O BOX 127 TOLAR 9857633544 1763 P O BOX 131 JEWEL INVESTMENTS 9878437250 79 1764 P O BOX 135 KITTRELL 9854910340 1765 P O BOX 152 BLANKEN 9835856968 1766 P O BOX 1529 WOODS 9877807204 1767 P O BOX 157 SJOBERG 9749647756 1768 P O BOX 1592 GRAHAM 9864142431 1769 P O BOX 160 MEBANE LUMBER BUILDING SUPPLY 9835247382 1770 P O BOX 16441 DANZIGER 9769460133 1771 P O BOX 17148 DEBARTOLO 9868525037 1772 P O BOX 1861 TRIPLETT 9881664450 1773 P O BOX 224 JACKSON 9845505288 1774 P O BOX 351 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9871766139 1802 PO BOX 162 MONTGOMERY 9856338417 1803 PO BOX 16277 LARSEN 9871199234 1804 PO BOX 16787 VELEZ 9779484360 1805 PO BOX 17237 WINMORE COMMUNITY ASSOCIATION 9779486940 1806 PO BOX 1983 HOLT 9758469763 1807 PO BOX 2351 PHILLIPS 9872205638 80 1808 PO BOX 239 NEEDHAM 9844896990 1809 PO BOX 2533 NC LAND LEASE LLC 9893165184 1810 PO BOX 258 BARBOUR 9885300970 1811 PO BOX 2765 MINCEY 9877704394 1812 PO BOX 27706 ESTELLE PROPERTIES LLC 9769295485 1813 PO BOX 2811 SANZA 9897253485 1814 PO BOX 2844 HARTS MILL LLC 9835748573 1815 PO BOX 2915 COLLINS 9885268353 1816 PO BOX 295 WEATHERS 9866527783 1817 PO BOX 3101 HAWKINSON 9749759237 1818 PO BOX 313 ASHBY 9835264079 1819 PO BOX 3145 GONZALEZ 9893022879 1820 PO BOX 3250 THURAU 9891818397 1821 PO BOX 343 COX 9738125803 1822 PO BOX 36 EFLAND 9844990565 1823 PO BOX 366 ORANGE WATER & SEWER 9832367089 1824 PO BOX 440264 RODRIGUEZ 9738529963 1825 PO BOX 44270 CAROLINA CONFERENCE OF SEVENTH DAY 9749310328 1826 PO BOX 472 CARINCO 9881196404 1827 PO BOX 507 GUNTER 9893341983 1828 PO BOX 53 LAWS FAMILY 0819143798 1829 PO BOX 5623 MORRISON 9768506679 1830 PO BOX 628 BLACKWOOD 9872217422 1831 PO BOX 652 TERRY 9768163950 1832 PO BOX 686 PHILLIPS 9878700536 1833 PO BOX 747 GAEDE 9889414282 1834 PO BOX 757 FAIRCLOTH 9855185369 1835 PO BOX 782 BOOTH 9857746973 1836 PO BOX 865 SMITH 9728414400 1837 PO BOX 98 EFLAND 9855383384 1838 PO BOX 998 MARLETTE 9876513803 1839 PO BX 189 HUX 9844223060 1840 PO DRAWER 1529 ORANGE COUNTY NORTH 9768269847 1841 RT 1 BOX 29A PINEY MOUNTAIN HOMEOWNERS 9891879408 1842 STATE PROP OFFICE NC DEPT OF ADM NORTH CAROLINA STATE 9895006543 1843 SYSTEM ORANGE ALAMANCE WATER 9855704483 1844 THE STATE CAPITOL NORTH CAROLINA STATE 0803151402 and WHEREAS, the proposals have been found to be consistent with the 2030 Orange County Comprehensive Plan, and WHEREAS, the requirements of Sections 2.3 and 2.8 of the UDO have been deemed complete, and 81 WHEREAS, the Board has found the proposed amendments to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County amends the Zoning Atlas by eliminating the Special Flood Hazard Area (SFHA) Overlay District as currently depicted on the atlas encumbering the identified parcels of property. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner ________________________, seconded by Commissioner ________________________, the foregoing ordinance was adopted this ________ day of ___________________, 2017. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on ________________________, 2017 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this ______ day of ______________, 2017. SEAL __________________________________ Clerk to the Board of Commissioners 82 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to modify existing floodplain management regulations eliminating references to the Special Flood Hazard Area (SFHA) Overlay District, incorporating references to new Federal Insurance Rate Map (FIRM), and updating existing language to ensure consistency with applicable Federal Emergency Management Agency (FEMA) standards. The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6 – A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by updating existing language to ensure consistency with FEMA’s minimum model flood ordinance, eliminating references to the Special Flood Hazard Area (SFHA) Overlay District, which is being eliminated, and adopting new FIRM data. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by eliminating contradictory regulations and guidelines. These amendments ensure uniformity by eliminating references to a deleted overlay district and updating existing floodplain management regulation(s) consistent with revised FEMA standards. 2. Ensures legal sufficiency by adopting new FIRM data, as prepared by FEMA, by reference. This amendment allows Orange County to enforce current flood map data thereby ensuring our continued eligibility for participation in the National Flood Insurance Program (NFIP). Attachment 5 83 The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed UDO text amendment. ______________________ ________________________ Lydia N. Wegman, Chair Date 84 UDO AMENDMENT PACKET NOTES: The following packet details staff’s proposed modifications to existing regulations associated with revisions existing floodplain management standards including the elimination of the Special Flood Hazard Area (SFHA) Overlay District. The amendment includes modifications of existing regulations and definitions to incorporate recent changes implemented to the Federal Emergency Management Agency (FEMA) model flood ordinance. Proposed amendment(s) are detailed as follows: • Red Underlined Text: Denotes new, proposed text that staff is suggesting be added to the UDO, • Red Strikethrough Text: Denotes existing text that staff is proposing to delete, and • Blue Underlined Text: Denotes changes to existing regulations internally re- located from one section to another within the UDO (i.e. moving existing regulation(s) contained in Section 6.6.1 to Section 6.21). The movement of these existing regulations is identified as Red Underlined Text. Staff has denoted changes to these existing regulations in Blue Underlined Text to aid in your review and understanding of the proposal. Staff has included footnotes within the amendment package to provide additional information/rationale concerning the proposed amendments to aid in your review. Only those pages of the UDO impacted by the proposed modification(s) have been included within this packet. Some text on the following pages has a large “X” through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections ‘spill over’ onto the included page. Text with a large “X” is not proposed for deletion. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://www.orangecountync.gov/departments/planning_and_inspections/ordinances.php Attachment 6 85 Orange County, North Carolina – Unified Development Ordinance Page 1-1 ARTICLE 1: ADMINISTRATION SECTION 1.1: GENERAL PROVISIONS 1.1.1 Title The official title of this document is ‘Unified Development Ordinance of Orange County, North Carolina’. For convenience, it shall be referred to throughout this document as ‘this Ordinance’, ‘the Ordinance’, ‘ the/this Unified Development Ordinance’ or ‘the/this UDO’. 1.1.2 Authority This Ordinance is adopted pursuant to the statutory authority provided in the North Carolina General Statues (NCGS), specifically the provisions of: (A) Chapter 153A, Article 18, (B) Chapter 4, (C) Chapter 160A, Article 19, (D) Chapter 39, Article 5A, (E) §47-30, and (F) §143 214.5. For the purpose of establishing comprehensive development regulations for designated portions of Orange County and providing for administration, enforcement and amendment thereof in accord with the aforementioned provisions. 1.1.3 Flood Damage Prevention Authority – Basis for Establishment1 (A) The Legislature of the State of North Carolina has delegated authority to county governments to adopt regulations to promote the public health, safety, and general welfare of its citizenry in the following sections of the North Carolina General Statutes: (1) Part 6, Article 21 of Chapter 143, (2) Parts 2, 3 and 4 of Article 18 of Chapter 153A, and (3) § 153A-121. (B) Flood Insurance Rate Maps (FIRM), specifically FIRM Map Index 37135 CINDOC with an effective date of May 16, 2008 as well as all FIRM panels contained therein, developed by FEMA under a Cooperating Technical State agreement with the State of North Carolina and the Flood Insurance Study are hereby established as shown on the Official Zoning Atlas as the Special Flood Hazard Area Overlay Zoning District, The Special Flood Hazard Areas (SFHA) are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and associated Digital Flood Insurance Rate Map (DFIRM) panels, with an effective date of November 17, 2017 for Orange County including any digital data developed as part of the, which are adopted by reference and declared a part of this ordinance. Future revisions to the FIS and panels that do not change flood hazard data within the jurisdictional authority of Orange County are also adopted by reference and declared a part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within 3 months. 1 This amendment incorporates existing regulations contained in Section(s) 1.1.3 and 4.3.5 of the UDO relating to our flood program. 86 Article 1: Administration Section 1.1: General Provisions Orange County, North Carolina – Unified Development Ordinance Page 1-2 For reference, previous SFHA data was produced under the CTS agreement between the State of North Carolina and FEMA or FIS and its accompanying FIRMs for Orange County dated February 2, 2007, with incorporation of Letters of Map Amendments 07-04- 6156R, 08-04-2897A, 08-04-2898A, 08-04-2899A, and 08-04-2900A, Letters of Map Revision 06-04-BQ22P, 06-04-C141P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment #115-CWG (C) dated May 16, 2008, which with accompanying supporting data, including Letters of Map Amendment or Revision and Summary of Map Amendments, were adopted by reference and declared to be a part of this Ordinance as part of the Special Flood Hazard Area Overlay District, which was eliminated with the adoption of the aforementioned FIS and DFIRMs with an effective date of November 17, 2017. 2 1.1.4 Purpose and Intent (A) In order to protect and promote the health, safety and general welfare of the County and its residents, this Ordinance is hereby adopted by the Orange County Board of Commissioners. (B) The purpose of the regulations set out in this Ordinance shall be to accomplish compatible development of the land within Orange County in a manner which will best promote the health, safety, and general welfare, as well as to: (1) Provide for efficiency and economy in the process of development; (2) Make adequate provisions for traffic; (3) Secure safety from fire, panic, and other hazards; (4) Provide for light and air; (5) Prevent the overcrowding of land; (6) Avoid undue concentration of populations; (7) Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; (8) Provide for the protection of the surface and underground water resources of the County; (9) Provide for efficient use of renewable and non-renewable sources of energy; (10) Promote desirable living conditions and the sustained stability of neighborhoods; (11) Protect property against blight and depreciation; and (12) For other purposes in accordance with the Comprehensive Plan for the County. (C) It is the further purpose that all material included herein by reference and all material used for the administration of this Ordinance, does not take any property, does not unduly restrict property rights or use, nor convert any of these to public use except by due process of law. (D) The Ordinance is further designed to provide for residential, commercial, and industrial growth in Orange County by the establishment of districts within which each type use can develop properly and profitably and not interfere with the use of land in adjacent parcels or districts. 2 The blue underlined text was originally located in Section 4.3.5 of the UDO as part of the Special Flood Hazard Area overlay district. Red underlined text is new text proposed to reference past FIS studies, which served as the basis for the overlay district now deleted as part of this process. The different color is intended to distinguish between existing language, which has been moved to a new section, and new text proposed for addition to the UDO. 87 Article 1: Administration Section 1.1: General Provisions Orange County, North Carolina – Unified Development Ordinance Page 1-3 1.1.5 Statement of Intent - Amendments For the purpose of establishing and maintaining sound, stable and desirable development within Orange County this Ordinance shall not be amended except to: (A) Correct a manifest error in the Ordinance, or (B) Extend the boundary of an existing zoning district, because of changed or changing conditions in a particular area or in the county generally, or (C) Rezone an area either to a different zoning district, conditional zoning district, or conditional use district, or (D) Change the regulations and restrictions thereof. Amendments shall be reasonably necessary to promote the public health, safety, and general welfare and to achieve the purposes of the adopted Comprehensive Plan or part thereof. 1.1.6 Applicability and Jurisdiction Except as otherwise expressly stated, this Ordinance applies to all development, public or private, within the unincorporated area of Orange County or outside of existing municipal extra-territorial jurisdictional boundaries, or established Joint Planning Areas, approved by the County Board of Commissioners, to the extent allowed by law . 1.1.7 Conformance with Adopted Plans (A) The provisions of this Ordinance, and any proposed amendment thereto, shall be consistent with the goals and policies included in the Orange County Comprehensive Plan and/or any specialized study approved by the Orange County Board of Commissioners relating to land use development within the County’s planning jurisdiction. (B) The enforcement, interpretation, and application of the standards contained herein shall be consistent with the goals and policies of the Comprehensive Plan and shall not create a situation that is inconsistent with the goals and policies contained therein. 1.1.8 Regulation of Farming and Bona Fide Farm Activities The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not apply to property used for bona fide farm purposes, as defined within North Carolina General Statutes, except as follows: (A) Any non-farm use of farm property, (B) Compliance with all regulations required to be imposed by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program including all applicable Flood Insurance Rate Maps (FIRM), and (C) Compliance with the Orange County Special Flood Hazard Area Overlay Zoning Districtflood damage prevention regulations as detailed within this Ordinance. 1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions (A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law, the more restrictive provision governs, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in other adopted ordinances or regulations of the County, the more restrictive provision governs. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (C) In accordance with this Ordinance, a property owner may be required to record deed restrictions, covenants, or other legal documentation outlining development limitations or 88 Article 1: Administration Section 1.1: General Provisions Orange County, North Carolina – Unified Development Ordinance Page 1-6 1.1.16 Severability It is the legislative intent of the Board of County Commissioners in adopting this Ordinance that all provisions and sections thereof shall be liberally construed to protect and preserve the peace, health, safety and general welfare of the inhabitants of Orange County and, further, that should any provision, portion, section, or subsection of this Ordinance be held to be construed as affecting the validity of any of the remaining provisions, portions, sections or subsections, it is the intent of the Board of County Commissioners that this Ordinance shall stand, notwithstanding the invalidity of any provision, or section or part thereof. 1.1.17 Repeal of Existing Regulations All existing regulations now contained within this Ordinance are hereby repealed. The adoption of this Ordinance, however, shall not affect nor prevent any pending or future prosecution of, or action to abate, an existing violation of said regulations, as amended. (A) Status of Prior Violations (1) All violations of the regulations repealed by the adoption of this Ordinance shall remain violations of the ordinances of Orange County and all penalties and enforcement remedies set forth herein shall be available as though the violation were a violation of this Ordinance. (2) However, if the effect of this Ordinance is to make a formerly unlawful or nonconforming use become lawful and/or conforming, then no enforcement action shall be taken except for the imposition and collection of penalties for the violations that occurred prior to the effective date of this Ordinance. (B) Effect on Rights and Liabilities under the Flood Damage Prevention Ordinance (1) Portions of the ordinance come forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance (FDPO) enacted March 2, 1981, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued under the FDPO are reserved and may be enforced. 1.1.18 Interpretation In the interpretation and application of this Ordinance, all provisions shall be: (A) Considered as minimum requirements; (B) Liberally construed in favor of the governing body; and (C) Deemed to neither limit nor repeal any other powers granted under State statutes. 1.1.19 Disclaimer of Liability – Flood Regulations The degree of flood protection required by this Ordinance is considered reasonable but does not imply total flood protection. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man- made or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Orange County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.3 3 Staff is modifying existing language to ensure consistency with the 2017 minimum model flood ordinance prepared by FEMA. 89 Article 1: Administration Section 1.2: Official Zoning Atlas Orange County, North Carolina – Unified Development Ordinance Page 1-7 1.1.20 Errors The issuance of a permit, based on approved plans and specifications, shall not prevent the Planning Director, Chief Building Official, Erosion Control Officer, or Floodplain Administrator from thereafter requiring the correction of errors in such plans and specifications or preventing building operations from being carried on in violation of this Ordinance, other County ordinances, or the North Carolina Building Code. 1.1.21 Administrative Regulations The County Manager is authorized and directed to propose and promulgate administrative regulations, including but not limited to the type and amount of data required for a completed application, in order to implement the provisions of this Ordinance. 1.1.22 Interim Development Standards (A) For the purpose of preventing further development in an area where plans are being prepared for the use of land and/or the preservation of natural resources, and/or development standards are being considered with which to implement such plans, interim development standards may be established which permit development that is in accord with the contemplated plans or standards to proceed. (B) The establishment of interim development standards shall be governed by the procedures contained in Article 2 of this Ordinance. (C) Form and Content Interim development standards enacted pursuant to this Section shall be temporary measures established in accordance with the following criteria: (1) The standards shall be in effect only for the period of time necessary to achieve the purposes of the contemplated plan and/or its implementing mechanisms; (2) The standards shall limit development to the type that would be permitted under the existing standards contained in this Ordinance and/or to that which is in accord with the contemplated plan or its implementing mechanisms; (3) The standards may be in effect only in the area affected by the contemplated plan and/or in which its implementing mechanisms will apply; and (4) The standards may limit the nature and type of development applications and projects which are approved throughout the duration of the standards. SECTION 1.2: OFFICIAL ZONING ATLAS 1.2.1 Generally (A) The Orange County planning and zoning jurisdiction shall be, and hereby is, divided into Zoning Districts as detailed in Article 3 of this Ordinance. (B) The boundaries of said Zoning Districts are hereby established as shown on the Official Zoning Atlas which accompanies this Ordinance and which, with all notations, references, and other information shown thereon, shall be as much a part of this Ordinance as it is fully described herein. Maps and descriptions accompanying enacted amendments shall be displayed by the Planning Department adjacent to the Official Zoning Atlas until such time as the official copy is corrected. (C) The Official Zoning Atlas and any subsequent amendments shall be authenticated by the Clerk to the Board of County Commissioners and kept on file in the Planning Department. (D) Copies of the Official Zoning Map Atlas, or portions thereof, may be made from time to time. These copies are for informational purposes only and the Official Zoning Atlas, as described herein, shall be the final and sole authority as to the zoning status of land within the zoning jurisdiction of Orange County. 90 Article 1: Administration Section 1.2: Official Zoning Atlas Orange County, North Carolina – Unified Development Ordinance Page 1-8 (E) The Planning Director shall be responsible for entering amendments to the Official Zoning Atlas. (F) The Planning Director shall authenticate the entry of each amendment to the Official Zoning Atlas and shall maintain a record of the nature and date of entry of each amendment. (G) Changes to the Official Zoning Atlas, other than those authorized by duly approved amendments to this Ordinance, shall not be made. The making of unauthorized changes to the Official Zoning Atlas shall be considered a violation of this Ordinance. (H) Amendments to this Ordinance that result in the change in classification of any piece of land shall become effective immediately upon enactment by the Board of County Commissioners. The Board of County Commissioners, upon a finding of due cause, may extend the effective date of any such amendments. (I) When all or part of the Official Zoning Atlas becomes damaged, lost, destroyed, worn or hard to interpret by reason of its age, condition, number of changes or otherwise, the Atlas shall be replaced by the Planning Director. This new edition of the Official Zoning Atlas may not change the zoning status of any property. Such replacements shall be authenticated by the Clerk of the Board of County Commissioners and shall bear the date of replacement. 1.2.2 Interpretation of Zoning District Boundaries When there is any uncertainty as to the intended location of any zoning district boundary on the Zoning Atlas, the Planning Director shall make an interpretation of the Atlas upon request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Board of Adjustment. The Planning Director and the Board of Adjustment, in interpreting the Zoning Atlas or deciding any appeal, shall apply the following standards: (A) Boundaries indicated as approximately following the centerlines of streets; highways or alleys shall be construed as following such centerlines; (B) Boundaries indicated as approximately following lot lines shall be construed as following such lot lines; (C) Boundaries indicated as approximately following City Limits shall be construed as following such City Limits; (D) Boundaries indicated as following railroad lines shall be construed to be the center line of the main track; (E) Boundaries indicated as following shorelines shall be construed to follow such shorelines; in the event of change in the shoreline, the boundary shall be construed as moving with the actual shorelines; (F) Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed as following such centerlines; (G) Boundaries shown as approximately following designated flood hazard area limits shall be construed as following such limits; (H) Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the Zoning Atlas shall be determined by reference to the scale of the Atlas; and (I) Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Atlas, or in other circumstances not covered by Subsections A through F above, the Board of Adjustment shall interpret the district boundaries. In addition, the following guidelines shall be required in determining the boundaries of the Special Flood Hazard Area Overlay District: (J) The boundaries of the Special Flood Hazard Area Overlay District shall be determined utilizing the Flood Insurance Study; 91 Article 1: Administration Section 1.3: Board of County Commissioners Orange County, North Carolina – Unified Development Ordinance Page 1-9 (K) In areas between official cross sections, the Special Flood Hazard Overlay District shall be determined by scaling the distances on Flood Insurance Study maps; and (L) The regulatory flood protection elevation must in all cases be the controlling factor in locating the outer limits of the Special Flood Hazard Area Overlay District.4 SECTION 1.3: BOARD OF COUNTY COMMISSIONERS 1.3.1 Responsibilities The Orange County Board of Commissioners shall have the following responsibilities in relation to the administration of this Ordinance: (A) Hear and decide applications for amendments to the text, schedules, and map portions of this Ordinance, which shall be processed in accordance with the provisions detailed herein. In exercising this power, the Board is bound by the State enabling legislation, the terms of this Ordinance, and applicable court decisions in carrying out its legislative function. (B) Hear and decide applications for the approval of Class A Special Use permit as noted in the Schedule of Permitted Uses as requiring approval of the Board of Commissioners, which shall be processed in accordance with the provisions detailed herein. In exercising this power, the Board is bound by the State enabling legislation, the terms of this Ordinance, and applicable court decisions in carrying out its decision making function within a quasi-judicial capacity and shall make its decisions based on substantial evidence contained in its record of proceedings and shall be bound by the general and specific standards and requirements of the particular Special Use as defined herein. (C) Hear and decide applications appealing those decisions appealed to the Board of County Commissioners. (D) Establish Rules of Procedure for the conduct of hearings and other proceedings before the Board of County Commissioners in exercising responsibilities identified herein. (E) Make the necessary appointments to the Planning Board and Board of Adjustment. (F) Provide, by appropriation, funds for the administration of this Ordinance. SECTION 1.4: PLANNING DIRECTOR 1.4.1 Responsibilities (A) The Planning Director, or his/her designee, shall have the responsibility for the administration, interpretation, and enforcement of this Ordinance. (B) Within this Ordinance, ‘Planning Director’ is synonymous with the individual actually serving in that capacity or a designated employee unless otherwise specified. (C) The Planning Director is an employee of the County hired by and reporting to the County Manager and shall have the following duties in respect to this Ordinance: (1) Administering all provisions of this Ordinance for which administrative responsibilities are not otherwise expressly assigned; (2) Making interpretations of the provisions of this Ordinance; (3) Reviewing all applications submitted in accordance with the requirements of this Ordinance to ensure compliance with the provisions of this Ordinance; (4) Coordinating County staff’s compliance with duties and responsibilities specified in this Ordinance; 4 As we are eliminating the Special Flood Hazard Area Overlay District, these provisions are no longer necessary. 92 Article 1: Administration Section 1.10: Floodplain Administrator Orange County, North Carolina – Unified Development Ordinance Page 1-17 (O) Boards of Education; Orange County and/or Chapel Hill-Carrboro. 1.9.4 Meetings The Planning Director is to convene and chair meetings of the Development Advisory Committee. The minutes of each meeting of the Committee are to be maintained as a separate document in the nature of a public record in the office of the Planning Director. Meetings shall not be open to the public. 1.9.5 Reports The Development Advisory Committee shall prepare its report on a proposed amendment, Special Use permit, rezoning, Conditional Districts, or subdivision on the basis of the petition, if any, and supporting documentation as well as any public plans, studies, or data for inclusion within the official review file of the given project. SECTION 1.10: FLOODPLAIN ADMINISTRATOR 1.10.1 Designation The Planning Director shall be referred to as the “Floodplain Administrator” when administering aspects of this Ordinance related to the Special Flood Hazard Area (SFHA). The Floodplain Administrator shall hereby be appointed to administer and implement the provisions of this Ordinance relating to the development and enforcement of various provisions associated with: (A) Special Flood Hazard Area Overlay DistrictFlood damage prevention regulations, and (B) State and Federal regulations concerning floodplain development. 1.10.2 Duties and Responsibilities Duties of the Floodplain Administrator shall include, but not be limited to: (A) Review all floodplain development applications and issue permits for all proposed development within flood prone areasSFHA to ensure that the requirements of this Ordinance, as well as applicable state and federal regulations,5 have been satisfied. (B) Advise permittee that additional Federal or State permits (i.e., Wetlands, Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 6Erosion and Sedimentation Control, Riparian Buffers, Mining, Stormwater,7 etc.) may be required, and if specific Federal or State permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit. (C) Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (D) Ensure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (E) Prevent encroachments within floodways and non-encroachment areas unless the certification and flood hazard reduction provisions comply with this Ordinance. 5 There is language throughout the revised FEMA minimum model flood ordinance requiring local jurisdictions ensure applicable state and federal regulations are adhered to when processing a request for development within the SFHA. Staff is revising existing language to ensure this requirement is referenced in the duties of the County Floodplain Administrator. 6 The FEMA minimum model flood ordinance contains references to the Federal Water Pollution Control Act. Staff is revising existing language to ensure the reference is contained within the UDO as well. 7 Staff is recommending adding ‘stormwater’ to the list. 93 Article 1: Administration Section 1.10: Floodplain Administrator Orange County, North Carolina – Unified Development Ordinance Page 1-18 (F) Obtain actual elevation (in relation to mean sea level North American Vertical Datum (NAVD) 1988) of the reference level (including basement) of all attendant utilities of all new or substantially improved structures, as required by this Ordinance.8 (G) Obtain the actual elevation (in relation to mean sea levelNorth American Vertical Datum (NAVD) 1988) to which the new or substantially improved structures and all utilities have been flood proofed, as contained within this Ordinance. (H) Obtain actual elevation (in relation to mean sea level North American Vertical Datum (NAVD) 1988) of all public utilities, as contained within this Ordinance. (I) When flood proofing is utilized for a particular structure, obtain certifications from a North Carolina licensed Professional Engineer or Architect, as contained within this Ordinance. (J) Where interpretation is needed as to the exact location of boundaries of the SFHAs (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided for within this Ordinance. (K) When base flood elevation (BFE) data have not been provided in accordance with this Ordinance, obtain, review, and reasonably utilize any BFE data, along with floodway data and/or non-encroachment area data available from a Federal, State, or other source, including data developed pursuant to Section 6.6.1 6.21.6 (B), in order to administer the provisions of this Ordinance. (L) When BFE data is provided, but no floodway nor non-encroachment area data has been provided in accordance with Section 4.3.5 1.1.3, obtain, review, and reasonably utilize any floodway data, and/or non-encroachment area data available from a Federal, State, or other source in order to administer the provisions of this Ordinance. (M) When the exact location of boundaries of the SFHAs conflict with the current, natural topography information at the site, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. The Floodplain Administrator in the floodplain development permit file will maintain a copy of the LOMA issued from FEMA. (M)(N) When the lowest floor and the lowest adjacent grade of a structure, or the lowest ground elevation of a parcel in a SFHA is above the BFE, advise the property owner of the option to apply for a LOMA from FEMA. The Floodplain Administrator in the floodplain development permit file will maintain a copy of the LOMA issued from FEMA. 9 (N)(O) Permanently maintain all records pertaining to the administration of this Ordinance and make these records available for public inspection during normal business hours recognizing that such information may be subject to the Privacy Act of 1974, as amended. 10 (O)(P) Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the Orange County at any reasonable hour for the purposes of inspection or other enforcement action. (P)(Q) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and/or other official flood maps/studies adopted under Section 4.3.5 1.1.3 of this 8 The new FEMA minimum model ordinance eliminates references to mean sea level, and even eliminates the definition of mean sea level, and instead references compliance with the North American Vertical Datum (NAVD) as established in 1988. Staff is updating references to ensure consistency. 9 Optional language contained within the FEMA minimum model ordinance that staff is recommending for inclusion within the UDO. 10 Red underlined text being added to ensure consistency with the revised FEMA minimum model ordinance. 94 Article 1: Administration Section 1.11: Erosion Control Officer Orange County, North Carolina – Unified Development Ordinance Page 1-19 Ordinance, including any revisions thereto including LOMA, issued by State and/or FEMA. (Q)(R) Maintain a current map repository to include, but not limited to, historical and effective FIS Report, historical and effective FIRM and other official flood maps and studies adopted in accordance with the provisions of this Ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs.11 (R)(S) Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work and the owner shall be sent a copy via the U.S. mail. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a Class 3 misdemeanor. (S)(T) Revocation of floodplain development permits, as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked. (T)(U) Make periodic inspections throughout all SFHAs within the Orange County jurisdiction. The Floodplain Administrator and each member of the Planning and Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. (U)(V) Follow through with additional procedures of Section 9.7. (W) Review, provide input, and make recommendations for variance requests.12 (X) Coordinate and process with other County departments, State agencies, and FEMA, all requests for modification of Federal Insurance Rate Map (FIRM) and/or Flood Insurance Study (FIS) data including, but not limited to, Letter of Map Amendment (LOMA), Letters of Map Revision (LOMR), and ‘No Impact’ findings on specific projects. (V)(Y) In instances where the Floodplain Administrator receives assistance from others to complete tasks to administer and implement this Ordinance, the Floodplain Administrator shall be responsible for the coordination and community’s overall compliance with the NFIP and the provisions of this ordinance.13 SECTION 1.11: EROSION CONTROL OFFICER 1.11.1 Designation The position of Orange County Erosion Control Officer is hereby designated. 1.11.2 Duties and Responsibilities The Orange County Erosion Control Officer shall be responsible for carrying out the provisions of this Ordinance related to erosion and sedimentation control and stormwater management. The 11 Staff is recommending adding language contained within the revised FEMA minimum model ordinance to ensure consistency. 12 Adding language contained within the revised FEMA minimum model ordinance to ensure consistency. 13 Red underlined text being added to ensure consistency with the revised FEMA minimum model ordinance. 95 Article 2: Procedures Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements Orange County, North Carolina – Unified Development Ordinance Page 2-13 Within the Efland Village Overlay District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected for any use subject to the requirements of the overlay district until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. (D) Major Transportation Corridor Overlay District (1) Approval Requirements Within the Major Transportation Corridor District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. 2.5.8 Additional Requirements for Economic Development Districts (A) Prior to submission of an application for site plan approval, applicants shall meet with representatives of the Planning and Inspections, and Economic Development Departments to identify policies, procedures, regulations, and fees applicable to development proposals. (B) Any proposed subdivision in an Economic Development District shall follow the approval procedures as specified in Section 2.16. (C) In addition to the submittal requirements contained in this Section, a complete application shall also include: (1) Building elevation drawings for each proposed structure; and (2) A minimum of two drawings of sections through the site illustrating existing and proposed grades, as well as the relationship of different site features. SECTION 2.6: FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATE REQUIREMENTS 2.6.1 Requirements for Special Flood Hazard Area Overlay District (A) All projects proposing the development of property located within the a Special Flood Hazard Area (SFHA) Overlay District shall be required, regardless of the proposed land use, to submit a site plan prepared by a registered engineer, landscape architect, or land surveyor in accordance with the provisions of Section 2.5. (A)(B) Flood damage prevention regulations contained herein shall apply to all Special Flood Hazard Areas within the jurisdiction of Orange County, including properties located within the Extra-Territorial Jurisdictions (ETJs) of local municipalities used for bona fide farm purposes in accordance with Part 1, Article 19 of Chapter 160A of the North Carolina General Statutes. 14 2.6.2 Plans and Application Requirements Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by the Planning Department prior to any development activities proposed to be located within flood prone areas. 14 NC General Statutes were amended with the adoption of Session Law 2014‐120 on September 18, 2014 placing properties in local municipal ETJ’s meeting the bona fide farm exemption (NCGS 153A‐340 (b) (23)) under County jurisdiction with respect to the enforcement of flood regulations. Staff is adding language reference same. 96 Article 2: Procedures Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements Orange County, North Carolina – Unified Development Ordinance Page 2-14 The following items/ information shall be presented to the Floodplain Administrator to apply for a floodplain development permit: (A) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development: (1) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, driveways, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; (2) The boundary of the SFHA as delineated on the FIRM or other flood map as determined in Section 4.3.5 Section 1.1.3 of this Ordinance15 or a statement that the entire lot is within the SFHA; (3) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 1.1.3 of this Ordinance Section 4.3.5; (4) The boundary of the floodway(s) or non-encroachment area(s) as determined in Section 4.3.5 Section 1.1.3 of this Ordinance; (5) The Base Flood Elevation (BFE) where provided as set forth in Section(s) 4.3.51.1.3, 1.10.2 (K) and (L), and 6.6.16.21; (6) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and (7) Preparation of the plot plan by or under the direct supervision of a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. (B) Proposed elevation, and method thereof, of all development within a SFHA including but not limited to: (1) Elevation in relation to mean sea level NAVD 1988 of the proposed reference level (including basement) of all structures; (2) Elevation in relation to mean sea level NAVD 1988 to which any non-residential structure in Zone AE will be flood-proofed; and (3) Elevation in relation to mean sea level NAVD 1988 to which any proposed utility systems will be elevated or flood proofed. (C) If flood proofing, a flood proofing certificate (FEMA Form 086-0-34) with supporting data, an operational plan, and an inspection and maintenance plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures and back-up plans completed by from a registered professional engineer or architect shall be required certifying that the non-residential flood proofed development will meet the flood-proofing criteria in Section 6.6.16.21. (D) A Foundation Plan drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this Ordinance are met. These details include but are not limited to: (1) Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear wall); and (2) Openings to facilitate equalization of hydrostatic flood forces on walls according to Section 6.621.1(B), when solid foundation perimeter walls are used in Zones. (E) Usage details of any enclosed space below the regulatory flood protection elevation. 15 Updating references to the section of the UDO where flood maps are identified. 97 Article 2: Procedures Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements Orange County, North Carolina – Unified Development Ordinance Page 2-15 (F) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage; (G) Copy of all other Local, State and Federal permits required prior to floodplain development permit issuance (i.e. Wetlands, Erosion and Sedimentation Control, Riparian Buffers, Mining, etc.); (H) If the application is for placement of recreational vehicles and/or temporary structures, documentation to ensure compliance with Section 6.621.1(B)(5) and (7) of this Ordinance. (I) If a watercourse is proposed to be altered and/or relocated, a description of the extent of watercourse alteration or relocation, an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map, drawn to scale, (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. 2.6.3 Data Requirement The following information shall be provided at a minimum on the floodplain development permit to ensure compliance with this Ordinance. (A) A description of the development under the floodplain development permit issuance A complete description of all the development to be permitted under the floodplain development permit (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.).16 (B) The Special Flood Hazard Area (SFHA) determination for the proposed development per available data specified in Section 4.3.5. 1.1.3 of this Ordinance. (C) The regulatory flood protection elevation required for the reference level and all attendant utilities. (D) The regulatory flood protection elevation required for the protection of all public utilities. (E) All certification submittal requirements with timelines. (F) A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, if applicable. (G) If in an AE zone, specify the minimum foundation opening requirements. (H) State limitations of below BFE enclosure uses (if applicable) such as, parking, building access and limited storage only). (H)(I) A statement indicating that all materials below BFE and/or Regulatory Flood Protection Elevation (RFPE) must be flood resistant materials.17 2.6.4 Certification Requirements (A) An Elevation Certificate (FEMA Form 81-31086-0-33) or Flood Proofing Certificate (FEMA Form 81-65) is required after the reference level is completed. 18 16 Staff is updating language to be consistent with the new model ordinance. 17 This is identified as optional language within the FEMA minimum model ordinance. Staff is recommending we include. While we restrict new development below the base flood elevation (BFE), we do have several structures located within the floodplain where portions of same are below BFE. In instances where there are improvement projects to these structures we need to require this information as part of our floodplain management program. 18 Staff is recommending existing language be modified to split out references to the Elevation Certificate and a Flood Proofing Certificate to ensure consistency with the FEMA minimum model ordinance. There are now unique provisions/standards for each certificate. Keeping them combined will create confusion and lead to compliance issues. 98 Article 2: Procedures Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements Orange County, North Carolina – Unified Development Ordinance Page 2-16 (1) Is required Within 21within 7 calendar days of establishment of the reference level elevation, , or flood proofing, by whatever construction means, whichever is applicable,19 (1)(2) itIt shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, or flood proofing elevation, whichever is applicable, in relation to mean sea levelNAVD 1988. (a) Said certification shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. (b) Any work done within the 21 7 day calendar period and before submission of the certification shall be at the permit holder’s risk. (2)(3) The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and before further work being permitted to proceed. (3)(4) Failure to submit the certification or failure to make required corrections shall be cause to deny the floodplain development permit and/or issue a stop-work order for the project. (B)(5) A Final As-Built Elevation Certificate (FEMA Form 81-31)final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. (1)(a) It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. (a)(i) Elevation certification shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same. (2)(b) The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. (3)(c) In some instances, another certification may be required to certify corrected as-built construction. (4)(d) Failure to submit the certification or failure to make said corrections required shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (e) The Finished Construction Elevation Certificate certifier shall provide at least 2 photographs showing the front and rear of the building taken within 90 days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided within the Finished Construction Elevation Certificate. These photographs should show the entire building, including foundation. If the building has split-level or multi-level areas, provide at least 2 additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs 19 Staff is recommending changing existing language with respect to submittal of an elevation certificate from 21 to 7 days to ensure consistency with the revised FEMA model flood ordinance. 99 Article 2: Procedures Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements Orange County, North Carolina – Unified Development Ordinance Page 2-17 must be in color and measure at least 3" × 3". Digital photographs are acceptable.20 (B) Floodproofing Certificate (FEMA Form 086-0-34)21 (1) In those instances where non-residential floodproofing is used to meet the Regulatory Flood Protection Elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34) with supporting data, an operational plan, and an inspection and maintence plan are required prior to the actual start of any new construction. (2) It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988 (a) Floodproofing certification shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same and shall be accompanied by all documentation as detailed in Section 2.6.2 of this Ordinance. (3) The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. (4) Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. (5) Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (6) A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the issuance of a Certificate of Compliance/Occupancy. (a) It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. (i) Floodproofing certificate shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same. (b) The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to Certificate of Occupancy. (c) Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. (d) Failure to construct in accordance with the certified design shall be cause to deny a Certificate of Compliance/Occupancy (C) If a manufactured home is placed within Zone AE and the elevation of the chassis is more than 36 inches in height, an engineered foundation certification is required per Section 6.6.1(B)(3)6.21. 20 This is new language staff believes the County is obligated to include in the UDO. This is to ensure local property owners continue to be eligible for participation in the Community Rating System (CRS) program, which allows for a reduction in flood insurance premiums to local property owners due to our administration/enforcement of a floodplain management program. 21 Revised language consistent with the new FEMA model flood ordinance. 100 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-18 (D) If a watercourse is to be altered or relocated, the following shall be submitted by the permit applicant prior to issuance of a floodplain development permit: (1) A description of the extent of watercourse alteration or relocation; (2) An engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and (3) A map, drawn to scale, showing the location of the proposed watercourse alteration or relocation. (E) For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required.22 (E)(F) Certification Exemptions The following structures, if located within Zone AE, are exempt from the elevation/flood proofing certification requirements specified in items (A) and (B) above: (1) Recreational vehicles meeting requirements of Section 6.621.1(B)(5);23 (2) Temporary structures meeting requirements of Section 6.621.1(B)(7); and (3) Accessory Structures with any dimension that is 12 feet or greater in height, width, or depth, meeting requirements of Section 6.621.1(B)(8). SECTION 2.7: SPECIAL USE PERMITS 2.7.1 Generally (A) Any use or development designated by applicable zoning district regulations contained within Article 5 as a special use, or as allowed only pursuant to a special use permit (either Class A or Class B), may be established in that district only after the use or development is authorized by a validly issued and recorded special use permit. (B) This section sets forth required review and approval procedures for submittal, review, and approval of applications for special use permit. 22 Subsection (E) is new language being incorporated to remain consistent with the FEMA model flood ordinance. 23 Section references update to reflect the new location of the flood regulations within the UDO. 101 Article 2: Procedures Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-27 plan, or written statement, outlining in detail the minor change(s) proposed. The Planning Director shall file the amended site plan or written statement with the approved site plan. (E) If it is determined that the proposed action is a modification, the Planning Director shall require the applicant to submit a request for modification of the approved special use permit. The following procedures shall be adhered to in the case of a modification: (1) The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. (2) The Planning Director shall submit the request to the Board that approved the original application. (3) The Board shall set a public hearing to receive testimony concerning the modification request. Any public hearing called pursuant to a modification of an approved special use permit shall be held in conformity with the relevant public notification requirements contained in this Article. (4) The Board may approve, approve with conditions, or deny the application for a modification. (5) The Planning Director shall file the Board's action in the Planning Department as an amendment request to the original application and shall notify the applicant of the Board’s action. SECTION 2.8: ZONING ATLAS AND UNIFIED DEVELOPMENT ORDINANCE AMENDMENTS 2.8.1 Review and Approval Flow Chart The review and approval process for a Zoning Atlas and Unified Development Ordinance Amendment is shown in the procedure’s flowchart. 2.8.2 Amendment Initiation (A) An amendment to this Ordinance or the Zoning Atlas may be initiated by: (1) The Board of County Commissioners on its own motion; (2) The Planning Board; (3) Application, by any person or agency, or (4) The Planning Director. (B) If a request for consideration of an amendment proposal is submitted directly to the Board of County Commissioners, said Board may decline to consider the request or may refer the amendment proposal to the Planning Director for preparation of an amendment application. (C) Once initiated, all amendments shall be referred to the Planning Board. 2.8.3 Contents of Application Applications shall contain the following: (A) For amendments to the Zoning Atlas: (1) A map at a legible scale showing the land which would be covered by the proposed amendment, and (2) A legal description of the land. (B) For amendments to the Unified Development Ordinance text: 102 Article 2: Procedures Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-28 (1) A copy of the existing text provision(s) which the applicant proposes for amendment, and (2) A written statement which describes in detail the changes the applicant proposes to make. (C) The alleged error in the Zoning Atlas and/or Unified Development Ordinance text that would be corrected by the proposed amendment with a detailed explanation of such error in the Zoning Atlas and/or Unified Development text and detailed reasons how the proposed amendment will correct the alleged error; (D) The changed or changing conditions, if any, in the area or in the County generally, which makes the proposed Zoning Atlas and/or Unified Development Ordinance text amendment reasonably necessary to promote the public health, safety and general welfare; (E) The manner in which the proposed Zoning Atlas and/or Unified Development Ordinance text amendment will carry out the intent and purpose of the BOCC Decision Development Advisory Committee Meeting Planning Board Review and Recommendation Quarterly Public Hearing Zoning Atlas and UDO Amendments Application Submittal Post Sign / Mail Notice for Neighborhood Info. Meeting (NIM) and Planning Board Meeting Neighborhood Information Meeting Post Sign / Mail Notice for Planning Board Meeting Staff and PB Recommendation to BOCC Staff Recommendation to Planning Board Zoning Atlas: Conditional Districts Zoning Atlas: General Use Zoning Districts Text Amendments Text Amendments: Publish Legal Ad Atlas Amendments: Publish Legal Ad Post Sign Mail Notice Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. 103 Article 2: Procedures Section 2.10: Variances Orange County, North Carolina – Unified Development Ordinance Page 2-37 (1) Except as provided in Section 6.7.2 for MPD-CZ projects, changes to approved plans and conditions of development shall be treated as changes to the zoning atlas and shall be processed as an amendment to such as contained in this Article. (2) The Planning Director may approve minor changes without going through the amendment process. The Planning Director, at his/her discretion, may elect not to allow any proposal as a minor change and will forward the detailed application for changes to the Planning Board and Board of County Commissioners for consideration in accordance with the procedures outlined herein. (3) A minor change is one that will not: (a) Alter the basic relationship of the proposed development to adjacent property, (b) Alter the approved land uses, (c) Increase the density or intensity of development, and/or (d) Decrease the off-street parking ratio or reduce the buffer yards provided at the boundary of the site. 2.9.3 Public Hearing and Notification Requirements – CUD and CZD The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7. SECTION 2.10: VARIANCES 2.10.1 Purpose The procedures of this section authorize the Board of Adjustment to modify or vary regulations of this Ordinance when strict compliance with the regulation or standard would result in unnecessary hardships upon the subject property. 2.10.2 Application Requirements (A) Applications for a Variance shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of the application and supporting documentation shall be submitted. (B) Applications shall include: (1) The section reference, and copy of the existing regulatory language, that is the subject of the application, (2) A description of the specific modification sought by the applicant. For example, if the request is for a modification of a corner lot setback requirement, the applicant shall provide the exact reduction of the established corner lot setback requested as part of the application, (3) A plot plan, site plan, or other similar document(s) denoting the physical impact of the proposed request on the parcel, (4) A narrative outlining the answers to the five required findings detailed within Section 2.10.3 of the Ordinance justifying the issuance of the variance, and (5) Copies of any additional information deemed essential by the applicant justifying the approval of the request. 104 Article 2: Procedures Section 2.10: Variances Orange County, North Carolina – Unified Development Ordinance Page 2-38 2.10.3 Authorized Variances A variance may be approved by the Board of Adjustment in cases where unnecessary hardships would result from carrying out the strict letter of the Ordinance, when substantial evidence in the official record of the application supports all of the following findings: (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. (B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. (C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. (D) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. 2.10.4 Additional Criteria for Authorized Variances – Special Flood Hazard Areas Overlay Zoning District 25 In addition to the criteria contained within Section 2.10.3, any application for a variance from the Special Flood Hazard Area Overlay Zoning Districtflood regulations shall abide by the following additional criteria: (A) Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (B) In considering variances from the requirements of the Special Flood Hazard Area Overlay Zoning Districtflood regulations, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to Orange County; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the Orange County Comprehensive Plan and floodplain management program for the area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 25 Eliminating references to the ‘Overlay District’ which is being deleted. 105 Article 2: Procedures Section 2.10: Variances Orange County, North Carolina – Unified Development Ordinance Page 2-39 (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges; and (12) The request for a variance is not after-the-fact or for a situation of one’s own making. (C) A written report addressing each of the above factors shall be submitted with the application for a variance. (D) Upon consideration of the factors listed above and the purposes of this Ordinance, the Board of Adjustment may attach such reasonable conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance. (E) Variances shall not be issued within any designated floodway or non-encroachment area if any increase in flood levels during the base flood discharge would result. (F) Conditions for Variances: (1) Variances may not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Variances shall only be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship; (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and, (d) That the circumstances on the subject property are unique to the subject property and not to properties in general. (G) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced reference level elevation. Such notification shall be maintained with a record of all variance actions. (H) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the FEMA and the State of North Carolina upon request. 2.10.5 Additional Criteria for Authorized Variances –Watershed Protection Overlay District (A) Minor variances for dimensional requirements of the Watershed Protection Overlay District may be approved by the Board of Adjustment in accordance with Section 2.12 of this Ordinance. (B) The Board of Adjustment may approve variance applications to allow the use of off-site septic easements for lots created before January 1, 1994, and for non-conforming lots of record. (C) A description of each project receiving a variance and the reason for granting the variance shall be submitted for each calendar year to the Division of Water Quality on or before January 1st of the following year. (D) All other local governments having jurisdiction within the watershed area and the entity using the water supply for consumption shall be notified of the variance application at 106 Article 2: Procedures Section 2.14: Minor Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-46 (B) One copy of the final mylar plat and three paper copies of the plat shall be submitted with the request for a determination for an exempt subdivision. (C) Exempt subdivisions shall comply with all applicable non-plat requirements of this Ordinance. 2.13.2 Review and Action (A) Following receipt of a request for a determination of an exempt subdivision status, the Planning Director shall make a determination of the land division’s exempt or nonexempt status. (B) If the Planning Director determines that the proposed land division does not constitute a subdivision, the Planning Director shall certify the proposed land division as exempt and include the necessary statement on the plat certifying same. (C) If the Planning Director determines that the proposed land division constitutes a subdivision, the applicant shall be informed of such in writing and shall be required to submit the appropriate Subdivision application. SECTION 2.14: MINOR SUBDIVISIONS 2.14.1 Review and Decision Process Flow Chart Review and approval of Minor Subdivision applications shall adhere to the process detailed herein. The applicant shall demonstrate compliance with the development standards contained in Article 7 of this Ordinance. 2.14.2 Concept Plan The applicant shall prepare a sketch plan of the proposed subdivision and schedule an appointment with the Planning Department for initial review and consultation. During this initial meeting the Planning Department shall advise the subdivider or his/her authorized agent of the regulations pertaining to the proposed subdivision, of any obvious changes required in order to comply with the provisions of this Ordinance, and the procedures to be followed in the preparation and submission of the Concept Plan. (A) Application Requirements Recordation of Plat and Development Agreement at Orange County Register of Deeds Submittal of Final Plat Application Initiation of Final Plat Application Process Review of Concept Plan Application by Orange County Development Advisory Committee Issuance of Septic & Well Improvement Permits Completion of Final Plat Application & Survey Installation of Required Landscaping Issuance of CAPS by School Board Completion of Required Improvements (road, drainage, etc.) Pre-application Meeting submittal of Concept Plan Application Minor Subdivisions Neighborhood Information Meeting (Flexible Development with more than 5 lots) 107 Article 2: Procedures Section 2.14: Minor Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-47 (1) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (2) Applications shall include: (a) Two copies of the scaled Concept Plan, drawn to the specifications outlined in Section 7.14.1. (b) A vicinity map showing the location of the subdivision in relation to the existing street or highway system. (c) A soils classification map for the property. (d) A topography map of the property. (e) A map showing any environmentally sensitive areas on the property (i.e. streams, wetlands, special flood hazard areas, zoning overlay districts, conservation easements, etc.). (f) For Minor Subdivisions utilizing the Flexible Development Option, a Plan illustrating proposed lots for residential use and Common Open Space (Primary and Secondary) as well as the treatment of passive and active open space areas (e.g., natural/undisturbed areas, trails, recreational amenities). (B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible Development Option with more than 5 lots (1) Upon acceptance of a Concept Plan application, the Planning Director shall schedule a Neighborhood Information Meeting (NIM) and mail notices of the meeting to each owner of property within one thousand feet of the property proposed to be subdivided. (2) Notices of the NIM shall be mailed by first class mail at least ten days prior to the date of the meeting. (3) The Planning Director shall place a sign on the affected property indicating the total number of lots proposed, the date, time, and location of the NIM; and the Planning Department telephone number. The sign shall be posted on the affected property at least seven days prior to the NIM. The NIM shall be held a prior to Final Plat Application submittal. (4) At the NIM, the applicant shall be available to answer questions about the proposed subdivision, and to receive comments from neighboring property owners for the purpose of improving the proposed subdivision design. (5) The Planning Director shall explain the subdivision approval process and neighboring property owners may speak with regard to specific concerns and/or issues. (C) Review and Action (1) The Planning Department shall review the Concept Plan for general compliance with the requirements of this Ordinance. (2) A completed Concept Plan application shall be entered into the permit record and placed on the agenda of the next available meeting of the Development Advisory Committee (DAC). (3) The DAC shall review the Concept Plan for general compliance with established Subdivision development standards detailed in Article 7 of this Ordinance as well as compliance with other applicable local and State regulations. 108 Article 2: Procedures Section 2.26: Appeals Orange County, North Carolina – Unified Development Ordinance Page 2-77 (a) 60 days in cases involving the appeal of an Ordinance amending the Zoning Atlas, (b) 1 year (365 days) in cases involving the appeal of an Ordinance amendment the UDO, (c) 3 years (1,035 days) in cases involving an appeal based on an alleged defect in the adoption process of an Ordinance amending the UDO. 2.26.6 Water Supply Watershed Critical Area Boundary Line Appeal applications disputing the Planning Director’s decision regarding the location of a Water Supply Watershed Critical Area boundary line shall be accompanied by: (A) A survey prepared by a North Carolina registered land surveyor or professional engineer depicting the differences between: (1) The locational criteria in Section 4.2, (2) The official Watershed map on file in the Planning Department, and (3) The boundary line the applicant asserts is correct. (B) A detailed explanation describing the differences in the three boundary lines contained in (A) above. 2.26.7 Special Flood Hazard Overlay DistrictFlood Regulations (A) Any property owner who has received an order to take corrective action in accordance with Section 9.7 may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten business days following issuance of the final order. (B) The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. 2.26.8 Soil Erosion and Sedimentation Control (A) Appeal of Erosion Control Plan Except as provided in subsection (D) below, the appeal of a disapproval, approval with modifications, or approval with conditions of an Erosion Control Plan shall be governed by the following provisions: (1) The disapproval of, modification of, or conditions of approval attached to any proposed Erosion Control Plan by the Erosion Control Officer shall entitle the person submitting the plan to an appeal of the decision to the Orange County Planning Director. (2) If the Planning Director upholds the decision, the person shall be entitled to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval, modification, or conditions of approval. (B) Hearings (1) Orange County (a) This sub-subsection pertains to appeals for land-disturbing activities occurring outside the corporate limits of the Towns of Chapel Hill, Carrboro, and Hillsborough, and the City of Mebane. (b) Hearings held pursuant to this sub-subsection shall be conducted by the Orange County Planning Board within 30 days after receipt of written demand, as provided for in (A)(2) above. 109 Article 4: Overlay Zoning Districts Section 1.1: Special Flood Hazard Area (SFHA) Orange County, North Carolina – Unified Development Ordinance Page 4-11 4.2.9 Water Supply / Sewage Disposal Facilities TABLE 4.2.9: WATER SUPPLY/SEWAGE DISPOSAL FACILITIES DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA UNIV-PW Water supply and sewage treatment systems shall be limited to individual wells and on-site septic tanks systems or individual on-site alternative disposal systems. No off-site systems shall be permitted. All Other Watershed Overly Districts For parcels created through the Conventional Subdivision process as detailed in Article 7 of this Ordinance septic and repair area shall be located in lot. Off-site individual septic systems associated with parcels created through the Flexible Development Subdivision as outlined in Section 7.12 of this Ordinance must be contained within Common Open Space and approved by the Orange County Environmental Health Department. UNIV-CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is further CANE-CA U-ENO-CA New septic tanks, pump tanks and their appurtenances shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 150 feet from a reservoir. New nitrification fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 300 feet from a reservoir. CANE-PW CANE-CA U-ENO-CA Water supply and sewage treatment systems shall be limited to individual wells and septic tanks or individual on-site alternative disposal systems; provided however, off-site systems shall be permitted when located in a Flexible Development subdivision approved in accordance with Section 7.13 of this Ordinance. UNIV-PW CANE-PW U-ENO-PW HYCO-PW LITTLE-PW BACK-PW HAW-PW JORDAN-PW L-ENO-PW FLAT-PW New septic tanks and their nitrification fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps. Section 4.3: SPECIAL FLOOD HAZARD AREA (SFHA)26 4.3.1 Intent The intent of this overlay district is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to: (A) Restrict or prohibit uses, which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; (B) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; 26 Standards are being moved to Section 6.21 of the UDO given the deletion of the Special Flood Hazard Area Overlay District. 110 Article 4: Overlay Zoning Districts Section 1.1: Special Flood Hazard Area (SFHA) Orange County, North Carolina – Unified Development Ordinance Page 4-12 (C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (D) Control filling, grading, dredging, and all other development, which may increase erosion or flood damage; and (E) Prevent or regulate the construction of flood barriers, which will unnaturally divert floodwaters or which may increase flood hazards to other lands. 4.3.2 Objectives The objectives of this overlay district are to: (A) Protect human life, safety, and health; (B) Minimize expenditure of public money for costly flood control projects; (C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (D) Minimize prolonged business losses and interruptions; (E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, cable and other communication facilities, and sewer lines, streets, and bridges located in flood prone areas; (F) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (G) Ensure that potential homebuyers are notified that property is in a Special Flood Hazard Area. 4.3.3 Findings of Fact (A) The flood prone areas within the planning jurisdiction of Orange County are subject to periodic inundation, which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood prone areas by uses vulnerable to floods or hazards to other lands, which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages. 4.3.4 Applicability Regulations pertaining to this overlay district shall apply to all SFHAs within the planning jurisdiction of Orange County and within the jurisdiction of any municipality within Orange County whose governing body has duly authorized its application within its municipal, or extraterritorial jurisdictional, boundaries in accordance with North Carolina law. 4.3.5 Basis for Establishment (A) The SFHA are those identified by the FEMA or produced under the Cooperating Technical State agreement between the State of North Carolina and FEMA or Flood Insurance Study (FIS) and its accompanying FIRMs for Orange County dated February 2, 2007, with incorporation of Letters of Map Amendments 07-04-6156R, 08-04-2897A, 08- 04-2898A, 08-04-2899A, and 08-04-2900A, Letters of Map Revision 06-04-BQ22P, 06- 04-C141P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment #115- CWG (C) dated May 16, 2008, which with accompanying supporting data, including Letters of Map Amendment or Revision and Summary of Map Amendments, are adopted by reference and declared to be a part of this Ordinance. 111 Article 4: Overlay Zoning Districts Section 4.3: Efland-Cheeks Highway 70 Corridor Orange County, North Carolina – Unified Development Ordinance Page 4-13 (B) The SFHA also include those defined through standard engineering analysis for private developments or by governmental agencies, but not incorporated into the FIRM. This includes, but is not limited to: (1) Detailed flood data generated as a requirement of Section 1.10.2 (K) and (L) of this Ordinance; (2) Preliminary FIRMs where more stringent than the effective FIRM; or (3) Post-disaster Flood Recovery Maps, if available. 4.3.6 Compliance No structure or land shall hereafter be located, extended, converted, altered, or developed, improved, or maintained in any way without full compliance with the terms of the regulations pertaining to the SFHA and other applicable regulations. Section 4.4:SECTION 4.3: EFLAND-CHEEKS HIGHWAY 70 CORRIDOR 4.4.14.3.1 Intent (A) The Efland-Cheeks Highway 70 Corridor Overlay District (ECOD) is established to provide for compatibility of uses between existing single-family residential land uses and non-residential developments along a designated portion of Highway 70 within Cheeks Township. (B) The Highway 70 corridor covered under this overlay district is part of the Efland Mebane Small Area Plan, adopted by the Board of County Commissioners on June 27, 2006, which outlines acceptable levels of development within the study area, including allowing for additional non-residential development along Highway 70. (C) The regulations contained in this Ordinance are designed to preserve and enhance the character of the community while allowing for mixed, but compatible, land uses by permitting logical expansion of existing non-residential developments throughout the corridor. (D) It is the intent of this overlay district to encourage land use patterns that will: (1) Protect existing single-family residential land uses, (2) Protect the character of the area, (3) Enhance property values, (4) Maintain the economic viability and carrying capacity of the corridor, (5) Preserve open vistas whenever possible, (6) Encourage small businesses to locate in appropriate areas, and (7) Continue to promote and provide for the general welfare of local citizens and property owners. (E) Standards are established in Section 6.6.21 27to allow for the development of additional non-residential land uses within the ECOD in order to maintain and enhance the economic vitality of the area while protecting the less intensive mixture of existing residential land uses 4.4.24.3.2 Applicability (A) This district is intended for properties adjacent to Highway 70 within Cheeks Township of Orange County in accordance with the boundaries shown on the Orange County Zoning Atlas. 27 This is the new section reference in Article 6 for development standards associated with the Efland‐Cheeks Highway 70 Corridor Overlay District. 112 Article 4: Overlay Zoning Districts Section 4.3: Efland-Cheeks Highway 70 Corridor Orange County, North Carolina – Unified Development Ordinance Page 4-14 (B) The requirements of this Ordinance pertaining to ECOD apply to all non-residential land uses and developments within the Highway 70 Overlay District except for existing non- residential land uses located within previously established general commercial or Existing Commercial-5 (EC-5) zoning districts. 4.4.34.3.3 Non-residential Development Non-residential development within the Highway 70 Corridor shall be limited to the following and shall be in accordance with the standards contained in this Section and Section 6.6.12: (A) Pre-designated commercial area as indicated on the Orange County Zoning Atlas, and (B) Along Highway 70 as depicted on the Orange County Zoning Atlas. 4.4.44.3.4 Permitted Uses Within the ECOD, uses of land and structures shall be permitted as follows: (A) Non-residential development within the pre-designated commercial area shall adhere to the permitted and special uses outlined for the Neighborhood Commercial - 2 (NC-2) zoning district as contained within Section 5.2 of this Ordinance. (B) Non-residential uses within the Highway 70 Corridor Overlay District, shall be limited to professional office and similar institutional uses and shall abide by the standards contained in this Section and Section 6.6.21. (C) No more than 40% of the Highway 70 corridor outside of the pre-designated commercial areas shall be permitted for non-residential uses. (1) This figure shall be calculated by the sum of the street frontage of lots used for non-residential purposes compared to the total street frontage of all lots on both sides of the roadway outside of the pre-designated commercial areas along the overlay district corridor. (2) The 40% limitation includes non-residential uses conducted within new or converted/rehabilitated structures that have a residential appearance. 4.4.54.3.5 Lot and Use Requirements for Non-Residential Development In addition to the Development Standards in Section 6.6.12, the following lot and use requirements shall apply to all applicable non-residential development within the pre-designated commercial areas and along the Highway 70 corridor: (A) Minimum Lot Width The minimum lot width for all lots created after December 3, 2007 shall be 130 feet, unless the lot is served by public sewer and shared ingress/egress in which case the minimum lot width shall be 75 feet. (B) Setbacks and Building Height (1) The setbacks and building heights for all structures, regardless of the proposed land use, shall conform to the setbacks of the underlying zoning district. (2) If Building Height Limitation modifications are pursued in accordance with Section 6.2.2(A), in no case shall building height exceed 35 feet. (3) Where applicable, the front yard setback shall be measured from any future right- of-way as designated in the Orange County Comprehensive Transportation Plan. (C) Floor Area Ratio (1) The maximum floor area ratio for non-residential uses in the pre-designated commercial area shall be 0.200 with a maximum building square footage total of 20,000 square feet. 113 Article 4: Overlay Zoning Districts Section 4.4: Efland Interstate Orange County, North Carolina – Unified Development Ordinance Page 4-15 (2) The maximum floor area ratio for non-residential uses along the Highway 70 Corridor shall be 0.100 with a maximum building square footage total of 6,000 square feet. (D) Yard Encroachments (1) No fences shall be permitted in the front yard of non-residential uses unless a demonstrated need can be shown. (2) Within the pre-designated commercial area, vinyl-coated chain link fencing shall be permitted for non-residential uses. (3) Outside of the pre-designated commercial area but within the boundaries of the Highway 70 Overlay District, chain link or similar fencing shall not be permitted for non-residential uses. Section 4.5:SECTION 4.4: EFLAND INTERSTATE 4.5.14.4.1 Intent (A) The Efland Interstate Overlay District is established to provide for a more urban style of development in an area of the county served, or intended to be served, by public water and sewer systems. (B) The geographic area covered by the Efland Interstate Overlay District is part of the Efland-Mebane Small Area Plan, adopted by the Board of County Commissioners on June 27, 2006, which outlines acceptable levels of development within the study area, including allowing for additional non-residential and residential development in this overlay district. (C) Standards are established in Section 6.6.23 in order to maintain and enhance the economic vitality of the area while protecting existing land uses. Unless otherwise stated, the standards are in addition to standards contained in this Ordinance, including Sections 6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.54 (Major Transportation Corridor). 4.5.24.4.2 Applicability (A) This district is intended for all properties located south of the railroad tracks and north of Interstate 85/40 in the general vicinity of Mount Willing Road in accordance with the boundaries shown on the Orange County Zoning Atlas. (B) The requirements of this Ordinance pertaining to the Efland Interstate Overlay District apply to all residential and non-residential land uses and developments in the designated district except for detached single-family residential land uses and developments. 4.5.34.4.3 Permitted Uses and Dimensional and Ratio Standards (A) Within the Efland Interstate Overlay District, uses of land and structures and Dimensional and Ratio Standards are those permitted in the underlying zoning district or districts. All other requirements for the use of land and structures contained in this Ordinance shall be met unless otherwise provided. (B) Minimum Setbacks (1) The minimum side and rear setback shall be the width of the required buffer in 6.6.32 (B) or the setback required in Article 3 or Section 6.2.8, whichever is less, except as provided in (a). (a) For parcels subject to the setback and yard requirements in Section 4.7.4, the requirements of said Section shall apply. 114 Article 4: Overlay Zoning Districts Section 4.5: Efland Village Orange County, North Carolina – Unified Development Ordinance Page 4-16 Section 4.6:SECTION 4.5: EFLAND VILLAGE 4.6.14.5.1 Intent (A) The Efland Village Overlay District is established to provide for an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems. (B) The geographic area covered by the Efland Village Overlay District is part of the Efland- Mebane Small Area Plan, adopted by the Board of County Commissioners on June 27, 2006, which outlines acceptable levels of development within the study area, including allowing for additional non-residential and residential development in this overlay district. (C) Standards are established in Section 6.6.43 in order to maintain and enhance the economic vitality of the area while protecting existing land uses. Unless otherwise stated, the standards are in addition to standards contained in this Ordinance, including Sections 6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.54 (Major Transportation Corridor). 4.6.24.5.2 Applicability (A) This district is intended for all properties located north of the railroad tracks in a geographic area commonly referred to as “Efland” in accordance with the boundaries shown on the Orange County Zoning Atlas (B) The requirements of this Ordinance pertaining to the Efland Village Overlay District apply to all residential and non-residential land uses and developments in the designated district except for detached single-family residential land uses and developments. 4.6.34.5.3 Permitted Uses and Dimensional and Ratio Standards (A) Within the Efland Village Overlay District, uses of land and structures and Dimensional and Ratio Standards are those permitted in the underlying zoning district or districts. All other requirements for the use of land and structures contained in this Ordinance shall be met unless otherwise provided. (B) Setbacks and Building Height (1) In lieu of the front setback required in Article 3, the minimum front yard setback for properties fronting on U.S. Highway 70 shall be 30-feet. (2) In lieu of the front setback required in Article 3, the front yard setback for parcels located in the overlay district but not fronting on U.S. Highway 70 shall be in keeping with the front setback provided by adjacent uses. (3) The minimum side and rear setback shall be the width of the required Land Use Buffer (Section 6.8.6) or the setback required in Article 3, whichever is less, but in no case shall be less than 10-feet. (4) If Building Height Limitation modifications are pursued in accordance with Section 6.2.2(A), in no case shall building height exceed 40 feet. (C) Yard Encroachments (1) No fences shall be permitted in the front yard of lots used for non-residential uses unless a demonstrated need can be shown. (2) Fences located in the front yard of residential uses, other than single-family detached dwellings, shall be a maximum of five feet in height. 115 Article 4: Overlay Zoning Districts Section 4.6: Major Transportation Corridor Orange County, North Carolina – Unified Development Ordinance Page 4-17 Section 4.7:SECTION 4.6: MAJOR TRANSPORTATION CORRIDOR 4.7.14.6.1 Intent (A) It is the intent of Orange County to protect and enhance those natural and environmental features which constitute important physical, aesthetic, recreational, and economic assets through the provision of special controls of public and private development along major transportation corridors. (B) The Board of County Commissioners finds as a fact that: (1) Major transportation corridors serve a key function in the orderly development of Orange County as major traffic movers, as well as serve as entrances to Orange County from outside the area. (2) These corridors and the character of the development which occurs along them establish for visitors and residents alike an indicator of the quality of life in the County, as well as the efficiency and safety of traffic movement through the area. (3) In addition, the ability of different areas of the County to attract and accommodate different types of development depends on the capacity of the thoroughfare system and the character and quality of development along major corridors. (C) The Major Transportation Corridor district is intended to enhance the attractiveness and orderly development of land adjacent to major transportation facilities through the provision of a set of development standards and regulations for application to public and private development of land adjacent to these corridors. The major transportation corridors include the interstate system as designated in the adopted Comprehensive Plan. (D) The district establishes development standards (see Section 6.6.54) and a site plan review process for development within the district. (See Section 2.5). 4.7.24.6.2 Applicability (A) The Major Transportation Corridor (MTC) district is established as a district which overlays other zoning districts established in this Ordinance. The new use of any land or any new structure within the MTC district shall comply with the use regulations applicable to the underlying zoning district as well as the requirements of the MTC district. (B) The provisions, requirements and restrictions of this district shall not apply to the use of land within the district for single family or two-family dwellings or to any building or structure existing prior to the creation of this district unless it is structurally altered to the extent of increasing the floor area by 50% or more or is enlarged to any degree to occupy a vacant lot. (C) This district shall be applied along any interstate highway in the County designated in the adopted Comprehensive Plan as such and to any proposed interstate highway designated in the adopted Comprehensive Plan as such. (D) The minimum length of the district shall be a continuous distance along the thoroughfare within the County’s jurisdiction and outside of the extraterritorial planning jurisdictions of the Towns of Hillsborough, Chapel Hill, and Carrboro and the City of Mebane. (E) The minimum width of the district is 1,250 feet from the edge of the right-of-way measured along a line which is perpendicular to the edge of the right-of-way on each side of the roadway, except at interstate interchanges where the District shall extend 2,500 feet from the right-of-way on each side of the intersecting road. 116 Article 4: Overlay Zoning Districts Section 4.7: Stoney Creek Basin Orange County, North Carolina – Unified Development Ordinance Page 4-18 4.7.34.6.3 Permitted Uses Within the Major Transportation Corridor (MTC) District, uses of land and structures are those permitted in the underlying zoning district or districts. All other requirements for the use of land and structures contained in this Ordinance shall be met unless otherwise provided. 4.7.44.6.4 Building Setback and Yard Requirements Building setback and required yard areas for the overlay district are as follows: (A) The front yard requirement shall be 100 feet from the edge of the right-of-way of an interstate highway or 50 feet from the edge of an intersecting road at an interstate interchange. (B) The rear yard requirement shall be 50 feet from the edge of the rear property line or 100 feet from the edge of the right-of-way of an interstate highway when a rear yard is adjacent to the interstate. (C) The side yard requirement shall be 50 feet from the side property line or 100 feet from the edge of the right-of-way of an interstate highway where the side property line is adjacent to the interstate. Section 4.8:SECTION 4.7: STONEY CREEK BASIN 4.8.14.7.1 Intent (A) The purpose of the Stoney Creek Basin Overlay District is to implement the Stoney Creek Basin Small Area Plan by: (1) Encouraging the creation of open space and by limiting density increases within the more rural portions of the area generally defined as the Stoney Creek drainage basin; and (2) Modifying certain Flexible Development regulations as contained in Section 7.13 of this Ordinance, to encourage the distribution and intensity of development areas and open space as specified in the Plan. 4.8.24.7.2 Applicability (A) Generally This district shall be applied to all of the areas contained in the Stoney Creek Basin Small Area Plan, except for the portion of the Plan area located within the Rural Buffer (RB) Zoning District. The Stoney Creek Basin Small Area Plan and Map was adopted by the Orange County Board of Commissioners on August 5, 1996. (B) With Other Regulations Except for certain provisions as specified in Section 4.67.4, all other regulations for the underlying zoning districts are applicable. 4.8.34.7.3 Land Use Intensities Three levels of land use intensity are contained in the Stoney Creek Basin Small Area Plan. These areas are designated in the Plan as lower, intermediate, and higher intensity areas, which are identified, respectively, as Lower Intensity, Intermediate Intensity, and Higher Intensity Development Areas within the Stoney Creek Basin Overlay Zoning District. (A) Lower Intensity Development Area The Lower Intensity Development Area includes land designated as lower intensity area in the Stoney Creek Basin Small Area Plan. The Lower Intensity area best typifies the area’s remaining rural character and is proposed to have the lowest average development densities in the future. The current character of the area is residential development on relatively large lots, with a considerable number consisting of large 117 Article 4: Overlay Zoning Districts Section 4.7: Stoney Creek Basin Orange County, North Carolina – Unified Development Ordinance Page 4-19 undeveloped tracts (both open and forested), and active farm land. The Lower Intensity area lies mostly in the central and southern part of the study area. A portion also extends north to I-85 in the undeveloped area east of Strayhorn Hills. It contains 2502 acres, 725 of which are contained in Duke Forest or the Stoney Creek wildlife corridor. (B) Intermediate Intensity Development Area The Intermediate Intensity Development Area includes land designated as intermediate intensity area in the Stoney Creek Basin Small Area Plan. The Intermediate Intensity area is intended to provide a transition between higher and lower intensity areas. It is envisioned as being predominantly residential with density being determined in large part by the character of existing development. The Intermediate Intensity area contains 1205 acres, and includes the existing residential developments of Strayhorn Hills and Wyngate, areas bordering University Station Road along the eastern side of the Plan area, and area west of NC 86 adjacent to the I-40/Old NC 86 Economic Development District. (C) Higher Intensity Development Area The Higher Intensity Development Area includes land designated as higher intensity area in the Stoney Creek Basin Small Area Plan and is generally synonymous with areas designated in the Land Use Element of the Comprehensive Plan as Ten- or Twenty-Year Transition Area. In the future, land within the Higher Intensity area will likely be annexed into the municipalities of Hillsborough or Durham. A mix of land uses is possible. The Higher Intensity area contains 699 acres, most of which lies in the western and northwestern parts of the Stoney Creek Basin Plan Area, with one smaller portion situated on the eastern tip of the area adjacent to the I-85/US 70 Economic Development District. 4.8.44.7.4 Applicable Regulations Pertaining to Flexible Developments Flexible Development regulations contained in Section 7.12 shall apply within the Stoney Creek Basin Overlay District, except as indicated in the Table below: TABLE 4.67.4: VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.12 APPLICABLE IN STONEY CREEK BASIN OVERLAY DISTRICT DEVELOPMENT AREA STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY Calculation of Open Space Active recreation area may not be included in open space calculations 50% of active recreation area may be included in open space calculations, per Section 7.12.4 of this Ordinance Number of Bonus Units(1) 33.1-50.0% Open Space One additional dwelling unit per two acres of open space above 33% 50+% Open Space One additional dwelling unit per two acres of open space between 33% and 50%, plus one additional dwelling unit per acre of open space above 50% Location of Bonus Units Bonus units may not be located in the Lower Intensity Development Areas, but may be located in a flexible development in the Intermediate Intensity or Higher Intensity Development Areas. Bonus units may be located in a flexible development in the Intermediate Intensity or Higher Intensity Development Areas. Bonus units may only be located in a flexible development in the Higher Intensity Development Area. Village Option Village option not permitted. Village option permitted, but Village Proper limited to 50 acres. 118 Article 4: Overlay Zoning Districts Section 4.7: Stoney Creek Basin Orange County, North Carolina – Unified Development Ordinance Page 4-20 TABLE 4.67.4: VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.12 APPLICABLE IN STONEY CREEK BASIN OVERLAY DISTRICT DEVELOPMENT AREA STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY (1) Bonus units do not apply to Minor Subdivisions utilizing the Flexible Development Option. 119 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-20 (7) Exterior Finish Materials (a) Exterior finish materials must conform to and be in harmony with the exterior design of neighboring structures and the overall design of improvements described throughout these guidelines. (b) Building exteriors must be constructed of materials which are sufficiently durable to guarantee low maintenance and a reasonable life span, and to withstand abuse by vandals or accidental damage from machinery. (c) Exterior materials must have an attractive texture, pattern or quality of detailing. Acceptable building materials include those which appear natural in texture and color such as stone, unpainted brick, wood, and textured concrete. (d) Siding must reflect in texture and color that which is typical of the area and region. (8) Roof Lines and Materials (a) The roof design must be considered as a component of the overall architectural design theme and must be taken into consideration during the initial design phase for the structure(s). (b) Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion of the building perimeter only) must not be utilized. Mansard roofs must wrap around the entire perimeter of the structure. (c) All rooftop mechanical equipment, vents, ducts, and communication antennas and towers must be screened from view or designed and installed in a manner using materials and colors compatible with the building architecture. All such equipment must be located below the highest vertical element of the building, with the exception of tower-type communication antennas which do not exceed a height of 15 feet from base to top. (d) Except for standing rib metal roofs and copper roofs, corrugated metal, highly reflective surfaces, and illuminated roofing must not be used: (e) Rooftop solar collectors, skylights, and other reflective rooftop building elements must be designed and installed in a manner which prevents reflected glare. (f) Solar panels must be integrated into the roof design, flush with the roof slope. Frames must be colored to complement the roof. Natural aluminum frames are prohibited. (g) Support solar equipment must be enclosed and screened from view. SECTION 6.6: ADDITIONAL STANDARDS FOR OVERLAY DISTRICTS 6.6.1 Special Flood Hazard Areas (SFHA)28 (A) Provisions for Flood Hazard Reduction In all SFHAs the following additional standards shall be met: 28 Language within this section is being moved to Section 6.21. This is due to the elimination of the Special Flood Hazard Area Overlay District. These regulations are now general development standards and are being relocated accordingly. 120 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-21 (1) All new construction and substantial improvements shall be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to minimize flood damage. (3) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages. (4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerator, etc.), hot water heaters, and electric outlets/switches. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (8) Any alteration, repair, reconstruction, or improvements to a structure, which complies with the provisions of this Ordinance, shall meet the requirements of “new construction” as contained in this Ordinance. (9) Unless reviewed and approved in accordance with the provisions in Article 2 and Article 5 for Class A Special Use Permits, new solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in SFHAs. (10) Fuel and Chemical Storage (a) With the exception of structures or tanks used for chemical and/or fuel storage incidental and necessary to the daily operations of a water treatment plant or wastewater treatment facility, the storage of the following chemicals and compounds shall be prohibited within SFHAs: (i) Acetone, (ii) Ammonia, (iii) Benzene, (iv) Calcium carbide, (v) Carbon disulfide, (vi) Celluloid, (vii) Chlorine, (viii) Hydrochloric acid, (ix) Prussic acid, (x) Magnesium, (xi) Nitric acid, (xii) Oxides of nitrogen, (xiii) Phosphorus, 121 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-22 (xiv) Potassium, (xv) Sodium, (xvi) Sulfur, (xvii) Acetylene gas, (xviii) Gasoline and any petroleum product, (xix) Lumber, (xx) Charcoal or coal dust, (xxi) Polychlorinated biphenyls (PCBs), (xxii) Poly nuclear aromatic (xxiii) Volatile organic compounds (VOCs), or (xxiv) Any priority pollutants listed in Table 1 of Section 307 of the Clean Water Act (P.L. 92-500), as amended (b) Where chemicals and fuel are necessary for the operation of water and/or wastewater treatment facilities, the storage structure or tank may be located within a SFHA overlay provided it is either elevated or flood proofed in accordance with the standards contained herein and certified in accordance with Section 2.6.4 of this Ordinance. (11) The following facilities shall be prohibited in SFHAs: (a) Hospitals, (b) Nursing homes, (c) Foster care facilities, (d) Sheriff’s facilities, (e) Fire stations, (f) Emergency operations centers, and (g) Vehicle and equipment storage facilities. (12) Any inhabited structure within any SFHA shall have unobstructed, dry access during a regulatory flood event. (13) New fill material within any SFHA shall be prohibited. (14) Public utilities and facilities shall be constructed to minimize flood damage consistent with these and all other applicable County regulations. (15) In cases where development is otherwise allowed within identified SFHA’s, adequate drainage shall be provided. (16) When a structure is located in a SFHA with multiple Base Flood Elevations (BFEs), the provisions for the highest BFE shall apply. (B) Specific Standards Where Base Flood Elevation (BFE) Data Provided In all SFHAs where BFE data has been provided, as set forth in Section 1.10 or 4.3, the following standards shall be met: (1) Residential Construction (a) New construction within the SFHA shall be prohibited. (b) Substantial improvement of any existing residential structure (including manufactured homes) shall require the reference level, including basement, elevated no lower than two feet above the regulatory flood protection elevation, as defined in Article 10 of this Ordinance. 122 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-23 (c) Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to automatically facilitate equalization of hydrostatic flood forces on exterior walls shall be provided pursuant to Section 2.6.3. (2) Non-Residential Construction (a) New construction within the SFHA shall be prohibited. (b) Substantial improvement of any existing commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. (c) Structures located in the AE Zone may be flood proofed no lower than two feet above the level of the base flood elevation in lieu of elevation provided that all areas of the structure below the required flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. (d) A North Carolina licensed Professional Engineer or Architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 2.6. (3) Manufactured Homes (a) Replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation. (b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, or lateral movement according to the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to NCGS ξ143- 143.15 or a certified engineered foundation. (c) When the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, reinforced piers or other foundation elements of at least equivalent strength shall support the chassis. (d) When the elevation of the chassis is above 36 inches in height, an engineering certification is required. (e) All foundation enclosures or skirting below the lowest floor shall comply with the standards in Section 2.6.4. (f) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management coordinator. (4) Road and Driveway Crossings (a) Any public road, private road, or driveway crossing a SFHA shall require a ‘No-Impact’ certification approval from the North Carolina Emergency Management Division before any building permits can be issued for new construction which derive their vehicular access from such public roads, private roads, or driveways. 123 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-24 (b) If the “No- Impact” certification data demonstrate that the Base Flood Elevation will rise more than one vertical foot, then the developer shall file a Conditional Letter of Map Revision with the North Carolina Division of Emergency Management for review and approval. Before any building permit can be issued for the improvements associated with the crossing, an approved Letter of Map Revision shall be on file in the Planning and Inspections Department. (5) Recreational Vehicles Recreation vehicles placed on sites within a SFHA shall be consistent with either of the following: (a) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or (b) Meet all the requirements for new construction, including anchoring and elevation requirements of Section 2.6 and Section 6.6.1(B)(3) of this Ordinance. (6) Fully Enclosed Areas Below Regulatory Flood Protection Elevation (a) With the new construction or substantial improvement of elevated buildings, fully enclosed areas that are below the regulatory flood protection elevation shall not be used for human habitation, but shall be designated for use only as follows: (i) For parking of vehicles, (ii) Building access, or (iii) Limited storage of maintenance equipment used in connection with the premises. (b) Such spaces shall be constructed entirely of flood resistant materials below the regulatory flood protection level in the AE zone and meet the following criteria: (i) Shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must either be certified by a North Carolina licensed Professional Engineer or Architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding; b. The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding; c. If a building has more than one enclosed area, each area must have openings on exterior walls to allow floodwaters to directly enter and exit; d. The bottom of all required openings shall be no higher than one foot above the adjacent grade; e. Openings may be equipped with screens, louvers, or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions; and 124 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-25 f. Foundation enclosures made of flexible vinyl or sheet metal skirting are not considered enclosures for regulatory and flood insurance rating purposes, and therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with this Ordinance. (ii) The enclosed areas shall be used solely for parking of vehicles, building access, or storage. (iii) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). (iv) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (7) Temporary Non-Residential Structures Prior to the issuance of a floodplain development permit for a temporary structure, the applicant shall submit in writing for the review and approval of the Floodplain Administrator, a plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan shall include the following information: (a) A specified time period for which the temporary use will be permitted; (b) The name, address, and phone number of the individual responsible for the removal of the temporary structure; (c) The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); (d) A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and (e) Designation, accompanied by documentation, of a location outside the SFHA to which the temporary structure will be moved. (8) Accessory Structures When accessory structures (sheds, detached garages, etc.) are to be placed within a SFHA, the following criteria shall be met: (a) Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas); (b) Accessory structures shall be designed to have low flood damage potential; (c) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; (d) Accessory structures shall be firmly anchored in accordance with this Section; (e) All service facilities such as electrical and heating equipment, shall be installed in accordance with this Section; (f) Openings to relieve hydrostatic pressure during a flood shall be provided conforming to the requirements of this Section; 125 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-26 (g) An accessory structure with any dimension that is 12 feet or less in height, width, or depth does not require an elevation or flood proofing certificate. Elevation or flood proofing certifications are required for all other accessory structures according to Section 2.6.4; and (h) The accessory structure shall meet all zoning and building code requirements. (9) Additions/Improvements (a) Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition need comply with the standards for new construction. (b) Pre-FIRM Structures (i) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are not considered a substantial improvement, as defined, and do not require a zoning or building permit, the addition and/or improvements shall be designed to minimize flood damages and shall not be any more non-conforming than the existing structure. (ii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are considered a substantial improvement as defined, requiring a zoning or building permit, both the existing structure and the addition and/or improvements shall comply with the standards for new construction. (c) Post-FIRM Structures (i) Additions to post-FIRM structures with no modifications to the existing structure shall require only the addition to comply with the standards for new construction. (ii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are not considered a substantial improvement, the addition and/or improvements only must comply with the standards for new construction. (iii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are considered a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. (C) Floodway and Non-encroachment Areas (1) Areas designated as floodways or non-encroachment areas are located within the SFHA established in Section 4.3. (2) The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. (3) The following provisions shall apply to all development within such areas: 126 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-27 (a) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses, performed according to standard engineering practice, that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Floodplain Administrator before issuance of floodplain development permit. (b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR), then a Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment. (c) No manufactured homes shall be permitted. (D) Subdivisions, Manufactured Home Parks, and Major Developments All subdivisions, manufactured home parks, and major development proposals located within SFHAs shall: (1) Be consistent with the need to minimize flood damage. (2) Have public utilities and facilities such as sewer, gas, electric, cable, and water systems located and constructed to minimize flood damage. (3) Have adequate drainage provided to reduce exposure to flood hazards. (4) Have BFE data provided if development exceeds either 50 lots/units or five acres. Such BFE data shall be adopted by reference per Section 4.3. (E) Additional Standards for Development of Uses Within Special Flood Hazard Area Overlay District (SFHA) (1) The Board of County Commissioners may issue a Class “A” Special Use Permit for solid waste disposal facilities, hazardous waste management facilities, salvage/junk yards, and chemical storage facilities that are located in SFHAs, in accordance with the Table of Permitted Uses, if all of the following conditions are met: (a) The use serves a critical need in the Orange County. (b) No feasible location exists for the use outside the SFHA. (c) The reference level of any structure is elevated or flood proofed to at least the regulatory flood protection level. (d) The use complies with all other applicable federal, state and local laws. (e) Orange County has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a Special Use Permit at least 30 days before granting the permit. (2) The Board of County Commissioners is required to make affirmative findings of fact based on the testimony of the applicant(s) as to the project’s compliance with these standards. (F) Effect Upon Outstanding Floodplain Development Permits Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to passage of this Ordinance or any revision thereto, construction or use shall be in conformity with the provisions of this Ordinance. (G) Enforcement 127 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-28 The provisions of the SFHA Overlay District shall be enforced in accordance with the requirements contained within Section 9.7 of this Ordinance. 6.6.26.6.1 Highway 70 / ECOD (A) Ingress and Egress The following standards shall regulate ingress and egress points within the corridor: (1) For purposes of determining the allowable number of ingress and egress points on any particular lot, all lots recorded at the effective date of this Ordinance shall be granted at least one ingress and egress point per road front unless access can be provided through some internal means. However, minimization of the total number of driveways along the Highway 70 corridor is desirable through the use of shared driveways or other access management techniques. (2) Entrances/Exits (a) On all corner lots, no vehicular openings shall be located closer than 60 feet from the point of intersection of the street right-of-way lines. (b) To manage access on Highway 70, corner lots may be required to provide ingress and/or egress from the adjacent street. (c) Entrances/exits shall not exceed 36 feet in width measured at the property line; however, in instances where parking lots serve tractor/trailer traffic, the driveway entrance/exit may be increased to 40 feet in width. (d) Exits for parking facilities containing more than 36 parking spaces shall contain holding lanes for left-turning and right-turning traffic unless the Planning Director determines that due to the physical features of a site, holding lanes would be unsafe and in accordance with established traffic mitigation standards, should not be required. (3) Multiple Curb Cut Requirements (a) A lot fronting on Highway 70 shall have a minimum of 600 feet of road frontage along the street before two curb cuts are allowed, unless the project meets one of the following criteria: (i) Any mixed-use development where two curb cuts are approved as part of a Special Use Permit or Conditional District, as prescribed by the Board of County Commissioners. (ii) Shared Access a. In instances where a non-residential land use is proposed next to another non-residential land use and each of the contiguous non-residential land uses will have direct frontage along Highway 70, then the County shall require shared driveway cuts for all such contiguous non-residential land uses. b. In the event that shared driveway cuts are required, then the owners of the contiguous parcels shall execute reciprocal easement agreements between the separate property owners and have the same recorded in the Office of the Orange County Register of Deeds prior to the issuance of a Zoning Compliance Permit. The easement agreement shall be sufficient to allow for the development of a service road to channel access from Highway 70 to each property. Figure 6.6.2.A.3 shows an example of the shared access. 128 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-29 c. Non-residential developments that are not contiguous to other non-residential developments at the time they are approved shall be required to designate stub outs to adjoining properties on the site plan for the proposed development so that this shared access can be developed if and when the adjacent property is developed for non-residential purposes or in cases where an individual curb cut for a residential land use is deemed to be a traffic safety hazard by the County and NC DOT. d. Non-residential developments within the pre-defined commercial areas of the Highway 70 Corridor are required to develop shared access points as part of the site plan approval process for the project. Figure 6.6.12.A.3: Shared Access (4) The creation of offset driveways and/or intersections is not permitted, unless no practical alternative exists. (5) All driveway entrances must have an approved NCDOT driveway permit and must be paved to NCDOT standards from the edge of the existing roadway pavement to the existing right-of-way limit on the interior of the property. (B) Outside Storage of Materials Prohibited (1) All outside storage of materials on non-residential lots is prohibited. This prohibition includes the storage of goods or materials which are not an integral part of the use of the property and which are not obviously for sale. (2) This prohibition does not apply where the primary use of the property includes the outside display of goods for sale, such as automobiles, boats, mobile homes, etc., and the materials stored outside are for sale. (C) Landscaping and Buffering In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following standards shall apply: (1) There shall be a minimum ten feet wide vegetative buffer along all rights-of-ways comprised of vegetation that complements surrounding plantings and which includes trees planted in accordance with Section 6.8 where possible. 129 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-32 6.6.36.6.2 Efland Interstate (A) Circulation and Connectivity (1) All site planning for property east of Mount Willing Road shall take into account the need for a connecting roadway between Mount Willing Road and the Interstate 85/U.S. Highway 70 Connector. (2) All site planning west of Mount Willing Road shall take into account the need for a connecting roadway between Mount Willing Road and Buckhorn Road, as depicted on the Efland-Buckhorn-Mebane Access Management Plan, adopted November 11, 2011. (3) In order to manage access on public streets, a site shall be permitted no more than one entrance/exit point unless justified by: (a) site configuration; (b) trip generation; (c) traffic conditions, including the need for separate service and visitor/employee vehicular access, and/or one-way traffic movement; or (d) other factors. (4) Intra-site accessibility shall be provided. Vehicles shall not be required to enter the public street in order to move from one area to another on the same site. (5) On all corner lots, no vehicular openings shall be located closer than 60 feet from the point of intersection of the street right-of-way lines. (6) Driveway entrances/exits shall not exceed 36 feet in width measured at the property line; however, in instances where parking lots serve tractor/trailer traffic, the driveway entrance/exit may be increased to 40 feet in width. (7) Exits for parking facilities containing more than 36 parking spaces shall contain holding lanes for left-turning and right-turning traffic unless the Planning Director determines that due to the physical features of a site, holding lanes would be unsafe and should not be required. (8) Shared Driveways/Access (a) In order to minimize the number of driveway curb cuts on Mount Willing Road, thereby improving traffic flow and safety, developments subject to this Section, fronting on Mount Willing Road, and located contiguous to one another shall provide shared driveways/access whenever feasible, as determined during site plan review. (i) Methods to achieve shared driveways/access may include reciprocal easement agreements among property owners, reservation of future access easements on property being developed, or other methods determined during site plan review. (ii) The location of shared driveways shall be determined during site plan review. Shared driveways do not necessarily need to be located at the front of lots if rear or side access is proposed and feasible. (9) All driveway entrances must have an approved NCDOT driveway permit and must be paved to NCDOT standards from the edge of the existing roadway pavement to the existing right-of-way limit on the interior of the property. (10) Pedestrian Circulation (a) Unless deemed unnecessary by the Planning Director during site plan review, large projects, defined in (b), may be encouraged to provide an internal pedestrian circulation system, owned and maintained by the 130 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-33 property owner. The system may be encouraged to provide pedestrian walkways to outparcels and also within any large parking areas. (b) For the purposes of this subsection, a large project is defined as one located on 5 or more acres or proposing more than 50,000 square feet of building area. A large parking area is one containing parking for 100 or more vehicles. (B) Landscaping and Buffering In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following standards shall apply: (1) There shall be a minimum ten feet wide vegetative buffer along all rights-of-ways comprised of vegetation that complements surrounding plantings and which includes trees planted in accordance with Section 6.8 where possible. (2) There shall be a minimum 15 feet wide vegetative buffer along all common property lines separating non-residential and residential land uses. The required plantings shall be in accordance with those required for Buffer Yards Type A outlined within Section 6.8 of this Ordinance. (3) There shall be a minimum eight feet wide landscaped strip along all property lines separating non-residential uses from non-residential uses. The landscaped strip shall be comprised of vegetation that forms a semi-opaque intermittent visual obstruction from the ground to a height of at least 15 feet, except in required sight triangles. Joint use agreements between adjacent property owners for shared ingress/egress and/or parking may result in a waiver regarding the exact location(s) of the required buffers. (4) The provisions of this subsection do not waive the buffer requirements found in Section 6.6.5 4 (Major Transportation Corridor). (C) Architectural Design Standards (1) In addition to the requirements in Section 6.5 (Architectural Design Standards), the external design of chain businesses should consider and complement the existing community character. (D) Signage (1) Signage shall conform to requirements within Section 6.12 of this Ordinance unless in conflict with this subsection, in which case the requirements of this subsection shall apply. (2) The sign area of signs may be up to 64 square feet in size. 6.6.46.6.3 Efland Village (A) Circulation and Connectivity (1) Shared Driveways/Access for Properties Fronting on U.S. Highway 70 (a) In order to minimize the number of driveway curb cuts on U.S. Highway 70, thereby improving traffic flow and safety, developments subject to this Section, fronting on U.S. Highway 70, and located contiguous to one another shall provide shared driveways/access whenever feasible, as determined during site plan review. (i) Methods to achieve shared driveways/access may include reciprocal easement agreements among property owners, reservation of future access easements on property being developed, or other methods determined during site plan review. (ii) The location of shared driveways shall be determined during site plan review. Shared driveways do not necessarily need to be 131 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-34 located at the front of lots if rear access is proposed and feasible. (2) In order to manage access on public streets, sites which include new construction or additions increasing the square footage of a building by more than 50% should be permitted no more than one entrance and exit point unless justified by: (a) site configuration; (b) trip generation; (c) traffic conditions, including the need for separate service and visitor/employee vehicular access, and/or one-way traffic movement; or (d) other factors. (3) Intra-site accessibility should be provided. Vehicles should not be required to enter the public street in order to move from one area to another on the same site. (a) This standard applies to new construction or additions that increase the square footage of a building by more than 50% of the existing square footage. (4) On all corner lots, no vehicular openings shall be located closer than 60 feet from the point of intersection of the street right-of-way lines. (5) Driveway entrances/exits shall not exceed 36 feet in width measured at the property line; however, in instances where parking lots serve tractor/trailer traffic, the driveway entrance/exit may be increased to 40 feet in width. (6) Exits for parking facilities containing more than 36 parking spaces shall contain holding lanes for left-turning and right-turning traffic unless the Planning Director determines that due to the physical features of a site, holding lanes would be unsafe and should not be required. (7) All driveway entrances must have an approved NCDOT driveway permit and must be paved to NCDOT standards from the edge of the existing roadway pavement to the existing right-of-way limit on the interior of the property. (8) Pedestrian Circulation (a) Unless deemed unnecessary by the Planning Director during site plan review, large projects, defined in (b), may be encouraged to provide an internal pedestrian circulation system, owned and maintained by the property owner. The system may be encouraged to provide pedestrian walkways to outparcels and also within any large parking areas. (b) For the purposes of this subsection, a large project is defined as one located on 2 or more acres or proposing more than 15,000 square feet of building area. A large parking area is one containing parking for 50 or more vehicles. (B) Outside Storage of Materials Prohibited (1) All outside storage of materials on lots other than those used for single-family detached residential purposes is prohibited. (2) This prohibition includes the storage of goods or materials which are not an integral part of the use of the property and which are not obviously for sale. (3) This prohibition does not include the storage of materials where the primary use of the property includes the outside display of goods for sale such as automobiles, boats, mobile homes, etc., and the materials stored outside are for sale. 132 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-35 (C) Landscaping and Buffering In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following standards shall apply: (1) There shall be a minimum ten feet wide vegetative buffer along all rights-of-ways comprised of vegetation that complements surrounding plantings and which includes trees planted in accordance with Section 6.8 where possible. (a) Parcels fronting on U.S. Highway 70 shall provide buffer plantings in accordance with those required for Buffer Yards Type A outlined within Section 6.8 of this Ordinance. (2) There shall be a minimum 15 feet wide vegetative buffer along all common property lines separating uses subject to the requirements of this overlay district and single family detached residential land uses. The required plantings shall be in accordance with those required for Buffer Yards Type A outlined within Section 6.8 of this Ordinance. (3) There shall be a minimum eight feet wide landscaped strip along all property lines separating non-residential uses from non-residential uses. The landscaped strip shall be comprised of vegetation that forms a semi-opaque intermittent visual obstruction from the ground to a height of at least 15 feet, except in required sight triangles. Joint use agreements between adjacent property owners for shared ingress/egress and/or parking may result in a waiver regarding the exact location(s) of the required buffers. (4) Although portions of the Efland Village Overlay District are also within the Major Transportation Corridor Overlay District, the buffer requirements found in Section 6.6.5 4 (Major Transportation Corridor) do not apply since said section applies only to properties that abut the interstate. (D) Parking Lot Design (1) Up to 15% of the required parking spaces may be located in the front yard. The remainder of the required parking spaces shall be located at the side or rear of the structure. (a) Existing buildings that change use shall comply with this requirement to the extent feasible, as determined during the site plan submittal process. (2) Shared parking areas shall be encouraged for contiguous non-residential land uses, in accordance with Section 6.9 of this Ordinance. (3) Parking areas with spaces in excess of 110% of the minimum parking spaces required, per Section 6.9 of this Ordinance, shall not be permitted. (4) Interior landscaping of the parking lots shall be provided in accordance with Section 6.8 of this Ordinance. (E) Signage (1) Signage shall conform to the requirements within Section 6.12 of this Ordinance unless in conflict with this subsection, in which case the requirements of this subsection shall apply. (2) The height limit of signs is 15-feet, as measured from the normal ground elevation below the sign. (3) The sign area of signs may be up to 64 square feet in size. (4) Digital signs shall not be permitted except as an incidental addition to a permitted sign. (5) Portable signs and banner signs are allowed only for special events and may be displayed no sooner than 30 days prior to the event and must be removed within 7 days after conclusion of the event. 133 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts Orange County, North Carolina – Unified Development Ordinance Page 6-36 (6) New single pole signs are not permitted. Single pole signs existing as of April 7, 2015 shall be considered conforming uses and may be replaced if they are damaged or destroyed. (F) Architectural Design Standards In addition to the requirements in Section 6.5 (Architectural Design Standards), the following design standards shall apply: (1) Corporate Franchise Architecture (a) Under no circumstances shall modern corporate franchise building design be permitted. (b) Franchise or 'chain' businesses desiring to locate in the Efland Village Overlay District shall be required to design the building in accordance with these guidelines. (c) For purposes of this Sub-Section, "modern corporate franchise building design" means a building design that is trademarked, branded, or easily identified with a particular chain or corporation and is ubiquitous in nature. (2) Human Scale and Fenestration (a) New buildings shall be designed to contribute to a human scale. Large expanses of blank walls shall be discouraged and fenestration (the arrangement, proportioning, and design of windows and doors in a building) and/or design features (such as brick coursing changes, decorative architectural features, patterns of paint, or murals) shall should be provided in such a way that a building is relatable to humans and does not overpower the area. (b) Additions to existing non-residential buildings should be designed to both complement the existing building and achieve human scale to the extent feasible. (c) The functional use of the building should be considered when determining design features and fenestration. (3) Mirrored glass is discouraged and in no case shall comprise more than 50% of the building façade. 6.6.56.6.4 Major Transportation Corridor (MTC) (A) Landscaping and Buffers In addition to the requirements set forth in Section 6.8 of this Ordinance, the following standards shall be met: (1) A minimum of 100 feet of buffer area from the edge of the interstate highway’s right of way, shall be preserved. The purpose of this buffer is to protect, preserve and promote the visual appeal, character and value of land adjacent to major transportation facilities; to provide for the separation of spaces; and to promote the public health, safety and welfare through minimizing potential nuisances such as the transmission of noise, odor, dust, litter and glare of lights. (2) In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. Where there is no existing vegetation in the buffer area, or if existing vegetation does not provide a sufficient buffer, all proposed plantings must be shown on the landscape plan to fulfill the buffer requirement. The new plantings shall be predominantly evergreen and shall reach a mature size of at least 30 feet. New trees shall be located so as to establish at maturity a continuous screen in the 100 foot buffer area along the adjacent interstate highway. 134 Article 6: Development Standards Section 6.7: Additional Standards for MPD-CZD Orange County, North Carolina – Unified Development Ordinance Page 6-37 (3) Landscaping shall be in accordance with an approved landscaping plan. (4) Any areas left in a natural state shall remain undisturbed except as follows: (a) Within the buffer areas, necessary ingress, egress and utility service may be allowed, but no other disturbance for site improvements shall be permitted. (b) Selective clearing of vegetation may be allowed only to remove diseased trees or trees weakened by age, storm, fire or other injury. (5) Non-residential uses within Transition Areas, as designated by the Comprehensive Plan, may provide one break in the required buffer per lot adjacent to the interstate right-of-way in order to provide an on-site commercial sign and/or building visibility. The break shall constitute no more than 50% of the interstate highway frontage. SECTION 6.7: ADDITIONAL STANDARDS FOR MPD-CZD 6.7.1 Master Plan (A) All applications for the MPD-CZ designation shall be prepared in accordance with Section 2.9 of this Ordinance and shall include a general development plan herein called the ‘Master Plan’. (B) The Master Plan shall be prepared by an appropriately licensed professional and shall include the following: (1) Map of the development site, including the following: (a) Overall acreage of the site, (b) Adjacent rights-of-ways, (c) Zoning designation and current use of adjacent properties, including those across rights-of-ways, (d) Streams and other environmental features on-site and within 1,000 feet, and (e) Any existing structures or improvements on-site. (2) General layout of development, including the following: (a) Each development lot/pod and acreage of each, (b) Interior roadway plan, with cross section detail also showing drainage, (c) Proposed access points, and (d) Proposed on-site recreation and/or open space. (3) Proposed Uses (a) All uses proposed within the development shall be shown on the Master Plan. (b) For developments with more than one development lot/pod, the proposed uses shall be listed for each lot/pod. (c) More than one use may be approved for each lot/pod. However, the Master Plan shall include a compatibility matrix to limit conflicts between adjacent uses. 135 Article 6: Development Standards Section 6.13: Stream Buffers Orange County, North Carolina – Unified Development Ordinance Page 6-95 (4) Information signs may be placed no closer than six feet to the edge of a road or drive, and, in no case, may they be located within a street right-of-way unless they are erected by a governmental agency. (5) Information signs may not exceed four feet in height. (6) Information signs may not contain advertising material or exceed six square feet in area. (D) Temporary Signs (1) Temporary signs may be used for construction and real estate information, and future tenant identification, in accordance with the provisions of this Section. (E) Awnings (1) The form and color of the awnings must be consistent. (2) A minimum eight-foot vertical clearance must be maintained. (3) Signs on awnings must be painted on or screen printed and limited to the awning’s flap (valance) or end panels. (4) Canvas, treated canvas, matte finish vinyl, and fabric awnings are permitted. (5) Plexiglas, metal, and glossy vinyl illuminated awnings are prohibited in the Hillsborough EDD and strongly discouraged in the Buckhorn and Eno EDDs. (F) Signage for Parks, Public and Non-profit; Recreational Facilities, Non-Profit; Recreational Facilities, Golf Courses; and Recreational Facilities, Profit Total sign area shall be limited to 500 square feet for all signs permitted herein, not including Directional Signage erected in accordance with the provisions of this Section. (G) Basic Sign Design Schedule for Hillsborough EDD The following design schedule has been approved for the Hillsborough EDD: TABLE 6.12.14.G: HILLSBOROUGH EDD SIGN DESIGN SCHEDULE SIZE OF DEVELOPMENT (ACRES) MAXIMUM SYMBOL OR LETTER HEIGHTS (INCHES) GROUND OR MONUMENT SIGNS (SQ. FT.) SIGN HEIGHT (FEET) FASCIA LETTER SIZE BORDER MONUMENT LETTER SIZE 0 - 4.9 24 6 18 50 6 5.0 – 19.9 30 9 24 100 8 Over 20 36 12 36 150 10 (Dev. Name) Major Tenants 72 24 - - - Additional Information 24 6 Wall Signs 32 square feet of wall sign allowed per tenant unless building façade exceeds 64’ wide. For frontages exceeding 64’, ½ square foot of building frontage. No wall shall exceed 100 square feet. SECTION 6.13: STREAM BUFFERS 6.13.1 Purpose The purpose of the regulations included in this Section is to protect County water resources by establishing minimum buffers adjacent to streams, rivers, water bodies and other water features and limiting development and other land disturbing activities within those buffers. 136 Article 6: Development Standards Section 6.13: Stream Buffers Orange County, North Carolina – Unified Development Ordinance Page 6-96 6.13.2 Applicability The stream buffer regulations and standards contained herein shall be applicable to all streams and water features, as follows: (A) Streams identified by any of the following means: (1) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps, (2) Shown as water feature in the Orange County Soil Survey, or (3) A water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Water Quality (NCDWQ). (B) Steam buffers shall extend around the perimeter of all water features if any portion of the stream buffer of a stream touches the water feature. Disputes pertaining to water feature decisions by County staff shall be filed directly to the NCDWQ. 6.13.3 Calculating Width of Stream Buffer (A) Special Flood Hazard Areas Zoning Overlay Districts & FEMA Floodplains (1) Those streams identified by FEMA as having floodplains shall have stream buffers calculated from the outside edges of the 100-year floodplain. (B) Calculating Slope Value (1) Draw 250’ length perpendicular lines, at 200-foot horizontal intervals along the entire length of the outside edges of the stream, or the outer edge of the FEMA floodplain, whichever is greater. (2) Determine the elevation at either the stream bank or the outer edge of the FEMA floodplain, whichever is highest (Elevation 1), and at the point 250’ from the stream or FEMA floodplain, whichever is applicable, along the perpendicular line (Elevation 2). (3) Subtract Elevation 1 from Elevation 2 for the Difference. (4) Divide the Difference by 250 for the Mean. (5) Multiply the Mean by 100 to determine the “Slope Value”. (6) Perform this calculation for both sides of the stream or floodplain. 137 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-146 same side of the road itself or the opposite side, such that no private easement would be required to allow the property owner to connect and within 500 feet of the structure to be connected; (3) The structure or property to be connected is within the Water and Sewer Management Planning and Boundary Agreement Primary Service Area for Orange County; (4) The North Carolina Department of Transportation is willing to grant an encroachment into public road right-of-way for the purpose of connecting to the public sewer system, if necessary. (B) If the structure or property is situated below the elevation necessary to obtain a one- percent grade in the sewer connection line, but is otherwise accessible to a public sewer as provided in (A) above, the owner shall provide a private sewage pumping station. Design and installation of the pumping station shall adhere to all State and local plumbing and other building codes, in addition to adhering to all the connection requirements and standard specifications of the governing sewer use ordinance. (C) If an existing septic facility is determined by the Orange County Environmental Health Department to have failed (or be inadequate for the current or proposed use) and the property is accessible to a public sewer system as provided in (A), the owner shall be required to connect to the public sewer system unless a viable repair area can be identified on the property. If a viable repair area is identified on the property, the owner shall not be required to connect to the public sewer system, but may choose to connect if so desired. (D) There shall be no such connection requirement for any structure or property if an adequate septic facility is currently in use and in good working order. SECTION 6.21: FLOOD REGULATIONS29 6.21.1 Intent The intent of this overlay districtthese regulations30 is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to: (A) Restrict or prohibit uses, which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; (B) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (D) Control filling, grading, dredging, and all other development, which may increase erosion or flood damage; and (E) Prevent or regulate the construction of flood barriers, which will unnaturally divert floodwaters or which may increase flood hazards to other lands. 6.21.2 Objectives The objectives of this overlay districtthese regulations are to: 29 This new section combines existing regulations from Section(s) 4.3 and 6.6.1. Existing text is shown in underlined red text to denote the move. Changes to this existing text shall be denoted in underlined or strikethrough blue text. 30 Revised language to ensure references to the ‘overlay district’ are eliminated. 138 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-147 (A) Protect human life, safety, and health; (B) Minimize expenditure of public money for costly flood control projects; (C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (D) Minimize prolonged business losses and interruptions; (E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, cable and other communication facilities, and sewer lines, streets, and bridges located in flood prone areas; (F) Minimize damage to private and public property due to flooding; (G) Make flood insurance available to the community through the National Flood Insurance Program (NFIP); (H) Maintain the natural and beneficial functions of floodplains;31 (I) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (J) Ensure that potential homebuyers are notified that property is in a Special Flood Hazard Area. 6.21.3 Findings of Fact (A) The flood proneSpecial Flood Hazard Areas (SFHA) are flood prone areas within the planning jurisdiction of Orange County which are subject to periodic inundation, which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood prone areas by uses vulnerable to floods or hazards to other lands, which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages. Applicability Regulations pertaining to this overlay district shall apply to all SFHAs within the planning jurisdiction of Orange County and within the jurisdiction of any municipality within Orange County whose governing body has duly authorized its application within its municipal, or extraterritorial jurisdictional, boundaries in accordance with North Carolina law. 32 Basis for Establishment33 The SFHA are those identified by the FEMA or produced under the Cooperating Technical State agreement between the State of North Carolina and FEMA or Flood Insurance Study (FIS) and its accompanying FIRMs for Orange County dated February 2, 2007, with incorporation of Letters of Map Amendments 07-04-6156R, 08-04-2897A, 08- 04-2898A, 08-04-2899A, and 08-04-2900A, Letters of Map Revision 06-04-BQ22P, 06- 04-C141P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment #115- 31 Subsection(s) (F), (G), and (H) have been added to address modifications to the FEMA model flood ordinance. 32 This language is currently contained in Section 4.3.4 of the UDO. After conferring with the County’s Attorney Office this information is already duplicated in the revised Section 1.1.3. There is no need to repeat this information here. 33 This language is currently contained in Section 4.3.5 of the UDO. All of this information is now contained in Section 1.1.3 of this Ordinance. There is no need to repeat this information here. 139 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-148 CWG (C) dated May 16, 2008, which with accompanying supporting data, including Letters of Map Amendment or Revision and Summary of Map Amendments, are adopted by reference and declared to be a part of this Ordinance. The SFHA also include those defined through standard engineering analysis for private developments or by governmental agencies, but not incorporated into the FIRM. This includes, but is not limited to: Detailed flood data generated as a requirement of Section 1.10.2 (K) and (L) of this Ordinance; Preliminary FIRMs where more stringent than the effective FIRM; or Post-disaster Flood Recovery Maps, if available. 6.21.4 Compliance No structure or land shall hereafter be located, extended, converted, altered, or developed, improved, or maintained in any way without full compliance with the terms of the regulations pertaining to the SFHA the provisions of this section and other applicable regulations. 6.21.5 Special Flood Hazard Areas (SFHA)34 (A) Provisions for Flood Hazard Reduction In all SFHAs the following additional standards shall be met: (1) All new construction and substantial improvements shall be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to minimize flood damage. (3) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages. (4) All Eelectrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment and facilities shall be located at or above the Regulatory Flood Protection Elevation (RFPE) or designed and installed/or located so as to prevent water from entering or accumulating within the components during conditions of floodingthe occurrence of the base flood. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerator, etc.), hot water heaters, and electric outlets/switches. (a) Replacements that are part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions. (b) Replacements that are for maintenance and not part of a substantial improvement may be installed at the original location provided the addition and/or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 34 The Special Flood Hazard Area is referenced throughout the FEME model flood ordinance and is defined within Article 10 of the UDO as: The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in Section 1.1.3 of this Ordinance, as defined by the base flood elevation. The mapped special flood hazard area approximates the base flood elevation . Staff is comfortable recommending we keep the reference to flood prone areas. 140 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-149 (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Any alteration, repair, reconstruction, or improvements to a structure, which complies with the provisions of this Ordinance, shall meet the requirements of “new construction” as contained in this Ordinance. Unless reviewed and approved in accordance with the provisions in Article 2 and Article 5 for Class A Special Use Permits, new solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in SFHAs.35 (8) Fuel and Chemical Storage (a) With the exception of structures or tanks used for chemical and/or fuel storage incidental and necessary to the daily operations of a water treatment plant or wastewater treatment facility, the storage of the following chemicals and compounds shall be prohibited within SFHAs: (i) Acetone, (ii) Ammonia, (iii) Benzene, (iv) Calcium carbide, (v) Carbon disulfide, (vi) Celluloid, (vii) Chlorine, (viii) Hydrochloric acid, (ix) Prussic acid, (x) Magnesium, (xi) Nitric acid, (xii) Oxides of nitrogen, (xiii) Phosphorus, (xiv) Potassium, (xv) Sodium, (xvi) Sulfur, (xvii) Acetylene gas, (xviii) Gasoline and any petroleum product, (xix) Lumber, (xx) Charcoal or coal dust, (xxi) Polychlorinated biphenyls (PCBs), 35 Staff is recommending deletion of this provision. These types of facilities should not be located in areas of the County prone to flooding due to the potential impact on surrounding property owners. Further, as the County already prohibits development, in general, within a floodplain as well as the storage of various chemicals there is no reason to allow for solid/hazardous waste disposal facilities, junk/salvage yards, and chemical storage facilities within the SFHA through any process. 141 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-150 (xxii) Poly nuclear aromatic (xxiii) Volatile organic compounds (VOCs), or (xxiv) Any priority pollutants listed in Table 1 of Section 307 of the Clean Water Act (P.L. 92-500), as amended (b) Where chemicals and fuel are necessary for the operation of water and/or wastewater treatment facilities, the storage structure or tank may be located within a SFHA overlay provided it is either elevated or flood proofed in accordance with the standards contained herein and certified in accordance with Section 2.6.4 of this Ordinance. (9) The following facilities shall be prohibited in SFHAs: (a) Hospitals, (b) Nursing homes, (c) Foster care facilities, (d) Sheriff’s facilities, (e) Fire stations, (f) Emergency operations centers, (g) Solid waste disposal facilities, (h) Hazardous waste management disposal facilities, (i) Junk/salvage yards, (j) Chemical storage facilities, and (k) Vehicle and equipment storage facilities. (10) Any inhabited structure within any SFHA shall have unobstructed, dry access during a regulatory flood event. (11) Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the RFPE in the floodway, non-encroachment area, or stream setback and provided that such repair, reconstruction, or replacement meets all of the other requirements of this section and the Ordinance.36 (12) When a structure is partially located in a SFHA, the entire structure shall meet the requirements for new construction and substantial improvement.37 (13) New fill material within any SFHA shall be prohibited except as part of a roadway construction project consistent with the standards contained herein. 38 (14) Grading activities within any SFHA shall be prohibited except as part of a roadway construction project consistent with the standards contained herein.39 36 Language taken from the revised FEMA model flood ordinance. 37 New language taken from the new model flood ordinance. 38 Staff is recommending adding language recognizing the potential need for the use of fill material and/or grading activities in the SFHA connected to the development of a road. Please note roadway projects are required to adhere to a heightened review process as detailed herein, including review and approval of the project by State FEMA officials. 39 Staff has always relied on existing regulations prohibited development activity within, as well as requiring the preservation of a stream/floodplain buffer around, identified SFHA as a means of denoting no grading activity 142 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-151 (15) Public utilities and facilities shall be constructed to minimize flood damage consistent with these and all other applicable County regulations. (16) In cases where development is otherwise allowed within identified SFHA’s, adequate drainage shall be provided. (17) When a structure is located in a SFHA with multiple Base Flood Elevations (BFEs), the provisions for the highest BFE shall apply. (B) Specific Standards Where Base Flood Elevation (BFE) Data Provided In all SFHAs where BFE data has been provided, as set forth in Section 1.10 or 4.3, the following standards shall be met: (1) Residential Construction (a) New construction of residential structures within the SFHA shall be prohibited. (b) Substantial improvement of any existing residential structure (including manufactured homes) shall require the reference level, including basement, elevated no lower than two feet above the regulatory flood protection elevation, as defined in Article 10 of this Ordinance. (c) Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to automatically facilitate equalization of hydrostatic flood forces on exterior walls shall be provided pursuant to Section 2.6.3. (2) Non-Residential Construction (a) New construction of non-residential structures within the SFHA shall be prohibited. (b) Substantial improvement of any existing commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevationRFPE. (c) Structures located in the AE Zone may be flood proofed no lower than two feet above the level of the base flood elevationto the RFPE in lieu of elevation provided that all areas of the structure below the required flood protection elevation, together with attendant utility and sanitary facilities, below the RFPE are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. (d) A North Carolina licensed Professional Engineer or Architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 2.6. (3) Manufactured Homes (a) Replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation. would be permitted. Given recent discussions with State FEMA staff, it was deemed prudent to specify a prohibition on grading activities as part of this update. 143 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-152 (b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, or lateral movement according to the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to NCGS ξ143- 143.15 or a certified engineered foundation. (c) When the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, reinforced piers or other foundation elements of at least equivalent strength shall support the chassis. (d) When the elevation of the chassis is above 36 inches in height, an engineering certification is required. (e) All foundation enclosures or skirting below the lowest floor shall comply with the standards in Section 2.6.4. (f) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management coordinator. (4) Road and Driveway Crossings (a) Any public road, private road, or driveway crossing a SFHA shall require a ‘No-Impact’ certification approval from the North Carolina Emergency Management Division before any building permits can be issued for new construction which derive their vehicular access from such public roads, private roads, or driveways. (b) If the “No- Impact” certification data demonstrate that the Base Flood Elevation will rise more than one vertical foot, then the developer shall file a Conditional Letter of Map Revision with the North Carolina Division of Emergency Management for review and approval. Before any building permit can be issued for the improvements associated with the crossing, an approved Letter of Map Revision shall be on file in the Planning and Inspections Department. (5) Recreational Vehicles Recreation vehicles placed on sites within a SFHA shall be consistent with either of the following: (a) Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or (b) Meet all the requirements for new construction, including anchoring and elevation requirements of Section 2.6 and Section 6.6.1(B)(3) of this Ordinance. (6) Fully Enclosed Areas Below Regulatory Flood Protection Elevation (RFPE) (a) With the new construction or 40substantial improvement of elevated buildings, fully enclosed areas that are below the regulatory flood protection elevation RFPE shall not be used for human habitation, but shall be designated for use only as follows: 40 This language is inconsistent with our current policy prohibiting new construction/development within the SFHA. As a result staff is recommending deletion of same. 144 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-153 (i) For parking of vehicles, (ii) Building access, or (iii) Limited storage of maintenance equipment used in connection with the premises. (b) Such spaces shall be constructed entirely of flood resistant materials below the regulatory flood protection level in the AE zone and meet the following criteria: (i) Shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must either be certified by a North Carolina licensed Professional Engineer or Architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding; b. The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding; c. If a building has more than one enclosed area, each area must have openings on exterior walls to allow floodwaters to directly enter and exit; d. The bottom of all required openings shall be no higher than one foot above the adjacent grade; e. Openings may be equipped with screens, louvers, or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions; and f. Foundation enclosures made of flexible vinyl or sheet metal skirting are not considered enclosures for regulatory and flood insurance rating purposes, and therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with this Ordinance. (ii) The enclosed areas shall be used solely for parking of vehicles, building access, or storage. (iii) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). (iv) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. 145 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-154 (v) Property owners shall be required to execute and record a non- conversion agreement prior to issuance of a building permit declaring that the area below the lowest floor shall not be improved, finished, or otherwise converted to habitable space. Orange County shall have the right to inspect the enclosed area on an annual basis to confirm compliance with this agreement. This agreement shall be recorded within the Orange County Registrar of Deeds and shall transfer with the property in perpetuity.41 a. If a property bound by a non-conversion agreement is modified to remove the enclosed areas below the RFPE, the owner may request release from the agreement after staff inspection and submittal of confirming documentation. (7) Temporary Non-Residential Structures Prior to the issuance of a floodplain development permit for a temporary structure, the applicant shall submit in writing for the review and approval of the Floodplain Administrator, a plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan shall include the following information: (a) A specified time period for which the temporary use will be permitted. Time specified may not exceed three months.; (b) The name, address, and phone number of the individual responsible for the removal of the temporary structure; (c) The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); (d) A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and (e) Designation, accompanied by documentation, of a location outside the SFHA to which the temporary structure will be moved. Accessory Structures When accessory structures (sheds, detached garages, etc.) are to be placed within a SFHA, the following criteria shall be met: (a) Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas); (b) Accessory structures shall be designed to have low flood damage potential; (c) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; (d) Accessory structures shall be firmly anchored in accordance with this Section; 41 This is new, optional, language referenced within the FEMA model flood ordinance staff is recommending for adoption. Implementation of this provision will result in additional credits for Orange County through the Community Rating System (CRS) program, which helps to reduce flood insurance premiums for local residents through the enforcement of flood damage prevention policies and regulations. Our continued efforts over the years have resulted in a 20% reduction in flood insurance premiums for local policy holders. 146 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-155 (e) All service facilities such as electrical and heating equipment, shall be installed in accordance with this Section; (f) Openings to relieve hydrostatic pressure during a flood shall be provided conforming to the requirements of this Section; (g) An accessory structure with any dimension that is 12 feet or less in height, width, or depth does not require an elevation or flood proofing certificate. Elevation or flood proofing certifications are required for all other accessory structures according to Section 2.6.4; and (h) The accessory structure shall meet all zoning and building code requirements. 42 (8) Additions/Improvements (a) Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition need comply with the standards for new construction. (b) Pre-FIRM Structures (i) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are not considered a substantial improvement, as defined, and do not require a zoning or building permit, the addition and/or improvements shall be designed to minimize flood damages and shall not be any more non-conforming than the existing structure. (ii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are considered a substantial improvement as defined, requiring a zoning or building permit, both the existing structure and the addition and/or improvements shall comply with the standards for new construction. (c) Post-FIRM Structures (i) Additions to post-FIRM structures with no modifications to the existing structure shall require only the addition to comply with the standards for new construction. (ii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are not considered a substantial improvement, the addition and/or improvements only must comply with the standards for new construction. (iii) For additions and/or improvements, in combination with any interior modifications to the existing structure, that are considered a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. (d) 43Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a five year 42 Staff is recommending deleting existing language governing accessory structures. As we do not allow new development within the Special Flood Hazard Area it makes no sense to have a section implying an accessory structure could be erected within the area in the first place. 43 This provision is optional, but will be required for flood insurance policy holders to be eligible for Increased Cost of Compliance (ICC) benefits for repetitive losses. From staff’s perspective the addition of this standard is essential 147 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-156 period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure, the 5 year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this ordinance. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either: (i) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assume safe living conditions. (ii) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. (C) Floodway and Non-encroachment Areas (1) Areas designated as floodways or non-encroachment areas are located within the SFHA established in Section 4.31.1.3 of this Ordinance. (2) The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. (3) The following provisions shall apply to all development within such areas: (a) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses, performed according to standard engineering practice, that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Floodplain Administrator before issuance of floodplain development permit. (b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR), then a Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment. (c) No manufactured homes shall be permitted. (D) Subdivisions, Manufactured Home Parks, and Major Developments All subdivisions, manufactured home parks, and major development proposals located within SFHAs shall: (1) Be consistent with the need to minimize flood damage. (2) Have public utilities and facilities such as sewer, gas, electric, cable, and water systems located and constructed to minimize flood damage. (3) Have adequate drainage provided to reduce exposure to flood hazards. to ensure local property owners within flood insurance are continuing to be eligible for applicable benefits under their flood policies. 148 Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-157 (4) Have provided all Base Flood Elevation (BFE) data provided if development exceeds either 50 lots/units or five acres. Such BFE data shall be adopted by reference per Section 4.31.1.3 of this Ordinance.44 Additional Standards for Development of Uses Within Special Flood Hazard Area Overlay District (SFHA)45 The Board of County Commissioners may issue a Class “A” Special Use Permit for solid waste disposal facilities, hazardous waste management facilities, salvage/junk yards, and chemical storage facilities that are located in SFHAs, in accordance with the Table of Permitted Uses, if all of the following conditions are met: The use serves a critical need in the Orange County. No feasible location exists for the use outside the SFHA. The reference level of any structure is elevated or flood proofed to at least the regulatory flood protection level. The use complies with all other applicable federal, state and local laws. Orange County has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a Special Use Permit at least 30 days before granting the permit. The Board of County Commissioners is required to make affirmative findings of fact based on the testimony of the applicant(s) as to the project’s compliance with these standards. (E) Effect Upon Outstanding Floodplain Development Permits Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to passage of this Ordinance or any revision thereto, construction or use shall be in conformity with the provisions of this Ordinance. (F) Enforcement The provisions of the SFHA Overlay District shall be enforced in accordance with the requirements contained within Section 9.7 of this Ordinance. 44 Staff is recommending we eliminate the identified unnecessary and conflicting language. All flood areas (i.e. SFHA) are required to be left undisturbed and protected by open space areas (i.e. primary open space in a subdivision). Further we require all applicable data for a project located on a property encumbered by SFHA. As a result providing some exemption from the requirement based on acreage/number of units is inconsistent with established regulations. 45 This section is recommended for deletion given staff’s recommendation to prohibit development of solid/hazardous waste management facilities, salvage/junk yards, and chemical storage facilities within a SFHA. From our standpoint allowing for same is inconsistent with the overall purpose and intent of the County’s floodplain management program. 149 Article 7: Subdivisions Section 7.11: Recreational Facilities Orange County, North Carolina – Unified Development Ordinance Page 7-29 (B) If the Board of Education has not purchased the site or begun proceedings to condemn the site within 18 months if site reservation, the subdivider may treat the land as freed of the reservation. SECTION 7.11: RECREATIONAL FACILITIES 7.11.1 Applicability (A) Every person, firm or corporation who subdivides land for residential and/or non- residential purposes shall be required to dedicate a portion of such land for the purpose of public recreation/open space, including the preservation of natural and cultural resources, to serve the leisure needs of the residents of the subdivision and the residents of the immediate neighborhood within which the subdivision is located. (See Article 10 for definition of “immediate neighborhood”. The Planning Department keeps a map showing the location of recreation service area boundaries) (B) In all cases, the Recreation and Parks Advisory Council shall review and make recommendations to the Planning Board and Board of County Commissioners on the provision or dedication of recreation and/or open space areas. (C) This public Recreational Facilities requirement is in addition to any requirements for privately held passive or active Common Open Space areas. 7.11.2 Area Requirements (A) At least 1/57 of an acre shall be dedicated for each dwelling unit planned or provided for in the subdivision plan, except where land is located within in the a Special Flood Hazard Area Overlay District and/or is characterized by steep slopes (15% or greater), then at least 1/20 of an acre of such land shall be dedicated for each dwelling unit. (B) If the application of the provisions of Article 3 (Required Minimum Recreation Space Ratio, as shown on the table of each zoning district) and Section 6.3 (Land Use Intensity System) of this Ordinance results in a greater amount of land, then the difference between the application of the standards above and those of the referenced Articles shall be established as private recreation for the use of the residents of the development. (C) The total land area dedicated as part of a nonresidential subdivision shall be determined by an analysis of the site, the use(s) to be located thereon and the designation of recreation and/or open space sites as shown on the adopted Comprehensive Plan. (1) The site analysis shall be prepared by the subdivider and shall identify in written and graphic form those areas characterized by: (a) Steep slopes (15% or greater), (b) Special flood hazard areas and wetlands, (c) Rock outcroppings, (d) Mature woodlands (trees of 18 inches or greater in diameter), (e) Existing structures and cemeteries, and (f) Lakes, ponds, rivers and other water resources. (2) A written and graphic description shall also be submitted by the subdivider which identifies: (a) The proposed use of each lot in the subdivision, (b) The approximate amount of building and parking coverage for each lot, and (c) The approximate number of employees associated with each use. 150 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Orange County, North Carolina – Unified Development Ordinance Page 7-58 (B) A precise description of the extent to which the proposed modifications depart from the standard requirements of the applicable zoning district and the reasons for such departures. (C) The location, type, and area of the Common Open Space, as well as the amount and function of the Common Open Space in terms of densities and dwelling types proposed. (D) Written site analysis accompanied by an illustrative site map, which identifies the following: (1) Slopes 7½ - 15%, (2) Slopes 15% and greater, (3) Existing vegetation, (4) Significant stands of trees, (5) Significant examples of a particular species of tree occurring in a native stand and specimen trees, (6) Drainage and waterways, (7) Special flood hazard areas, (8) Significant rock outcroppings, (9) Significant scenic vistas, (10) Soils with limitations for on-site wastewater systems and building development, (11) The manner in which the plan makes adequate provision for water and wastewater treatment, and (12) The relationship of the plan to the physical environment, the neighborhood in which it is proposed to be established, and the intent of the provisions providing for the establishment of a cluster subdivision. SECTION 7.13: SPECIFICATIONS FOR PLAT DRAWINGS The requirements of this Section shall apply to the format of drawings. 7.13.1 Minor Subdivisions (A) Concept Plan The required Concept Plan for Minor Subdivisions consists of: (1) A scaled copy of a current Orange County GIS Map for the property denoting its current orientation and layout. This map may be obtained from the Planning Department for a fee in accordance with the adopted fee schedule and shall contain at a minimum the following information: (a) Contour lines, (b) Soils, (c) Water features, and (d) Any known easements. (2) A scaled drawing in black ink or pencil detailing the proposed division of property including, but not limited to, the following: (a) The scale of the drawing, (b) A north arrow, (c) The date of preparation, 151 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Orange County, North Carolina – Unified Development Ordinance Page 7-65 (i) Public or private community water supply systems, (ii) Public or private community sewage disposal systems, and (iii) Storm drainage facilities, including existing and proposed drainageways and channels. (b) Any easements associated with such utility systems shall also be denoted and the purpose for the easements designated on the plat. (7) Landscaping and Buffer Data The following information shall be denoted on the Preliminary Plat to demonstrate compliance with the provisions of Section 6.8 of this Ordinance: (a) Existing trees and/or vegetation to be preserved and proposed trees and/or landscape materials to be installed. (b) Required buffers. (8) Special Flood Hazard Area (SFHA) Standards (a) The boundary of the Special Flood Hazard Area SFHA zoning overlay district shall be designated and labeled on the plat as required by this Ordinance. (b) For subdivisions located within a Watershed Protection Overlay District, as identified on the Orange County Zoning Atlas, the following information shall be designated and labeled on the plat: (i) Impervious surface data as required by Section 4.2 of this Ordinance; (ii) Stream buffers as required by Section 6.13 of this Ordinance; and (iii) Stormwater detention and/or retention sites and undisturbed areas for infiltration purposes as required by the Section 6.14 of this Ordinance. 7.13.3 Final Plat Specifications (A) Plat Preparation (1) The Final Plat shall be drawn in accordance with the requirements of G.S. 47-30 as amended and to the specifications of this Section. The plat shall be prepared by a Professional Land Surveyor at a scale of not less than 100 feet to the inch nor more than 20 feet to the inch. (2) All Final Plats shall be prepared in accordance with the Manual of Practice for Land Surveying in North Carolina as prepared by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. (B) Title Block A title block shall be placed on the plat, which shall contain the following information: (1) The name of the subdivision, preceded by the words “Final Plat of ____________”, which shall not duplicate nor closely approximate, phonetically or in spelling, the name of any other subdivision in Orange County, and, where the plat at hand is only part of a larger subdivision bearing the same name, the unit or section number of other necessary identification; (2) The graphic scale in feet per inch in words or figures and bar graph; a north arrow accurately positioned and designated as magnetic north, true north, North Carolina State Plane Coordinate Grid System North or north referenced to a recorded instrument with the recording reference shown; the date or dates the survey was conducted; and any other pertinent legend data; 152 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Orange County, North Carolina – Unified Development Ordinance Page 7-68 (c) The location and purpose of all new easements for utility systems shall be shown on the Final Plat, including, but not limited to,: (i) Sanitary sewers, (ii) Septic tanks and nitrification fields, (iii) Storm sewer lines, (iv) Water mains, (v) Gas, transmission mains, (vi) Overhead electric, telephone and CATV transmission mains, and (vii) Any other above or below ground utility systems which are contained within a designated easement. (d) It is understood that utility distribution systems to individual lots for gas, electric, telephone, and TV cable service are customarily covered by “blanket easements” or “general easements”. If these easements have been recorded, the recording data shall be shown on the plat. Otherwise, these easements need not be denoted on the plat. (4) Landscaping and Buffer Data Buffers widths and locations as required by Section 6.8 of this Ordinance shall be shown on the Final Plat and specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (5) Special Flood Hazard Area (SFHA) Standards (a) The boundary of the Special Flood Hazard Area zoning overlay district SFHA shall be designated and labeled on the plat as required by this Ordinance. (b) For subdivisions located within a water supply watershed of regional and/or local importance, the following information shall be shown on the Final Plat: (i) The maximum impervious surface data as required by Section 4.2 of this Ordinance shall be shown for each lot. (ii) Stream buffers as required by Section 6.13 of this Ordinance shall be delineated with widths noted on the Final Plat. (iii) Development restrictions within the stream buffer shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (iv) Storm water detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section 4.2 and 6.13 of this Ordinance shall be delineated and labeled on the Final Plat. (v) Any restrictions or requirements associated with the detention/retention sites shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (6) Open Space and Natural and Cultural Resource Areas (a) Any areas identified in the “Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina” shall be shown on the Final Plat. 153 Article 9: Enforcement Section 9.7: Additional Procedures – Special Flood Hazard Area Overlay District Orange County, North Carolina – Unified Development Ordinance Page 9-7 by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten days after mailing, provided that a notice of civil penalty citation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten days from the date of the notice, and the possibility of civil and/or criminal enforcement. (C) Penalty Amount The Planning Director may impose a penalty of $500.00 per day of violation. (1) For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, Stop Work Order, or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement, shall constitute a separate violation that subjects the violator to additional civil penalties. (D) Settlement of Claims The Planning Director is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Planning Director shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and/or an order of abatement. (E) Continuing Violations (1) The Planning Director may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. (2) An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. (3) If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. (4) An initial Civil Penalty Citation is not required if the Department has previously issued a Civil Penalty Citation to the violator for the same violation at the same location within the previous two years. (5) The Planning Director may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state that the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. (F) Judicial Action to Collect Civil Penalty A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed herein. SECTION 9.7: ADDITIONAL PROCEDURES – SPECIAL FLOOD HAZARD AREA OVERLAY DISTRICT 9.7.1 Actions in Event of Violation (A) Identified violations of the Special Flood Hazard Area Overlay District shall be sent a Notice of Violation. The Notice shall detail the nature of the violation and schedule a hearing with the Floodplain Administrator to review the situation. (B) This hearing shall be held before the Floodplain Administrator at a designated place and time, not later than ten business days after the date of the Notice, at which time the 154 Article 9: Enforcement Section 9.8: Soil Erosion and Sedimentation Control Orange County, North Carolina – Unified Development Ordinance Page 9-8 owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter. (C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, or demolish the structure; or to remove fill as appears appropriate. 9.7.2 Order to Take Corrective Action (A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the structure or development is in violation of this Ordinance, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 days. (B) Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. (C) In the absence of an appeal (see Section 2.27.7), the order of the Floodplain Administrator shall be final. 9.7.3 Failure to Comply with Order If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been filed, or fails to comply with an order of the governing body following an appeal, he or she shall be guilty of a Class 3 misdemeanor and shall be punished in the discretion of the court. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58 and shall be punished at the discretion of the court SECTION 9.8: SOIL EROSION AND SEDIMENTATION CONTROL 9.8.1 Inspections and Investigations (A) Site Inspections Agents, officials, or other qualified persons authorized by the County will periodically inspect land-disturbing activities to ensure: (1) Compliance with the North Carolina Sedimentation Pollution Control Act of 1973 (“Act” in this Section), this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance; (2) The measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activity. Notice of the right to inspect shall be included in the letter of approval of each Erosion Control Plan. (B) Authority to Enter Property and Conduct Investigations and Inspections (1) No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County, while that person is inspecting or attempting to inspect a land-disturbing activity under this section. (2) The Erosion Control Officer shall have the power to conduct such investigations as deemed reasonably necessary to carry out the duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activities. (3) No person shall refuse entry or access to any authorized representative or agent of the County who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. 155 ARTICLE 10: DEFINITIONS SECTION 10.1: DEFINITIONS For the purpose of this Ordinance, certain terms and words are herein defined and interpreted as follows: AASHTO American Association of State Highway and Transportation Officials. Accessory Structure A structure that is located on the same lot as a principal structure and houses an accessory use. Accessory Use An activity that may or may not be listed in the Permitted Use Table, which is conducted in conjunction with a permitted principal use, but constitutes only an incidental or insubstantial part of the total activity that takes place on the lot and is customary and ancillary to the established principal use of property. Accessory uses shall comply with all setback requirements for the district in which the use is located. For example, an in-ground swimming pool is required to meet all applicable setbacks including any required fencing around the physical pool, the concrete walkway around the pool, and any pump or utilities associated with the operation of the facility. Addition In the context of an existing building or structure, the term means an extension or increase in the floor area or height. Adult Arcade Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of Specified Sexual Activities or Specified Anatomical Areas. Adult Bookstore A bookstore: (a) Which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined in this article; or (b) Having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of its publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. Adult Cabaret A nightclub, bar, restaurant, theater, concert hall, auditorium or similar commercial establishment that for at least ten percent of its business hours in any day features: (a) Persons who expose a Specified Anatomical Area; or (b) Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities; or (c) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas; or 156 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-3 Agricultural Services Commercial activities offering goods and services which support production of agricultural products or processing of those products to make them marketable. Examples include, but are not limited to, soil preparation, animal and farm management, landscaping and horticultural services, specialized commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm/garden products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith, welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting halls, storage of agricultural supplies and products, and processing plants for agricultural products including wineries and canneries. Agricultural Water Uses The use of waters for stock watering, irrigation and other farm purposes. Agritourism A business directly related or incidental to agricultural activities occurring on the bona fide farm on which it is located and conducted for the enjoyment or education of the public. Airport (Heliport: S.T.O.L. Port), Air Carrier A public airport served by a certified air carrier. This includes any runways, land areas or other facilities designed or used for landing, taking off, processing passengers or cargo. Airport, Commuter Service (Heliport: S.T.O.L. Port) A public airport, not served by a certified air carrier, but is served by one or more commuter airlines which enplaned 2500 or more passengers in the preceding calendar year. Airport, General Aviation (Heliport: S.T.O.L. Port) A public airport serving aviation other than airlines. This includes any runway, land area, or other facility designed or used for the landing and taking off of small aircraft. Alteration of a watercourse Means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.46 Anchoring The fastening of the mobile home to its mobile home stand in order to prevent upset or damage due to wind, erosion, flooding, or other natural forces. Appeal A request from a review of an administrative interpretation of any provision of this Ordinance by the Board of Adjustment. Applicator Any person, firm, corporation, wholesaler, retailer, distributor, any local, state or federal governmental agency, or any other person who applies fertilizer to the land of a consumer, or client, or to land they own, or to land they lease or otherwise hold rights. Area of Shallow Flooding A designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel 46 Adding a new definition to ensure consistency with the 2017 model flood damage prevention ordinance prepared by FEMA. 157 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-4 does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.47 Area of special flood hazard See “Special Flood Hazard Area (SFHA) Overlay District” Area of Future-Conditions Flood Hazard The land area that would be inundated by the 1-percent-annual-chance (100- year) flood based on future- conditions hydroloyhydrology.48 Assembly/Packaging Operation Assembly and packaging of merchandise for distribution by mail or carrier. Auditorium A place of assembly to watch and/or to hear athletic events, musical performances, dramatic or dance performances, speeches and/or ceremonies. The term is intended to include such uses as stadiums, coliseums, athletic centers, theaters and arenas. Bed and Breakfast Inn See “Rural Guest Establishments.” Base flood The flood having a 1% chance of being equaled or exceeded in any given year. It is often referred to as the 100-year flood. Base flood elevation (BFE) A determination of the water surface elevations of the base flood as published in the Flood Insurance Study of the water surface elevations of the base flood. When the BFE has not been provided in a “Special flood Hazard Area” (see definition) it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the “Freeboard” (see definition) establishes the “Regulatory Flood Protection” (see definition) elevation. Basement Any area of the building having its floor sub grade (below ground level) on all sides. Best Management Practices (BMPs) A structural or non-structural management-based practice used singularly or in combination to reduce non-point source pollution to receiving waters in order to achieve water quality protection goals. (See also, Detention Pond and Engineered Stormwater Controls) (Unless otherwise specified, “BMP”, when used in this Ordinance, refers to structural BMPs.) Biosolids Solid, semi-solid, or liquid residue (sewage sludge) generated during primary, secondary or advanced wastewater treatment processes of domestic sewage that is treated to state and/or federal standards for beneficial use (such as land application as fertilizer). Buffer A screening device used to moderate the adverse impacts of one land use upon another. Buffers may include walls, hedges, landscaped areas, berms, additional setbacks, or combinations of the above. 47 Adding a new definition to ensure consistency with the 2017 model flood damage prevention ordinance prepared by FEMA 48 The 2017 revised model flood ordinance identifies this definition as being options for adoption by local communities. Staff is recommending we incorporate same into the UDO. 158 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-9 Country Store An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of merchandise, which must include locally produced products. For the purpose of this definition, “local” means Orange County and counties that share a border with Orange County. County Orange County Government. Custodial Care A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in meeting personal rather than medical needs, which is not intended to provide specific therapy as the result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that does not require the continuing attention or supervision of trained, medical, or paramedical personnel. Cutoff Fixture An outdoor lighting fixture shielded or constructed in such a manner that no more 2.5% of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Day Care Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are not minors, guardians or full time custodians. Day Care Facility Any day care center or child care arrangement that provides day care for more than five children, not including the operator’s school age children, under the age of 13, on a regular basis of at least once per week for more than four hours but less than 24 hours per day, and those operating fewer than four hours per day that provide care for more children per adult care giver than would be permitted in an AA State licensed center, regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: a) Public schools; b) Non-public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; c) Summer camps having children in full-time residence; d) Bible schools conducted for no more than three weeks during vacation periods; and e) Cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable any participating parent to be employed. Day Care Home, Large A Day Care Facility located on a public state-maintained road, which provides day care for more than five but fewer than 16 children, within a residence. Dedication A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is entailed, dedication must be made by written instrument and is completed with an acceptance. Design Flood See “Regulatory Flood Protection Elevation.” Designated Public Sewer Service Area An area located within Orange County’s Primary Service Area in the Water and Sewer Management, Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served by public sewer in the near-term (e.g., 18 months; demonstrated by issuance of an advertisement for bid, or similar device, for construction of public sewer facilities). 159 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-10 Detention Pond A engineered stormwater control consisting of a pond constructed and maintained in accordance with Appendix A of this Ordinance, which allows for pollutants to settle and provides for the gradual release of the impounded water. The detention pond is the Best Management Practice which must be used within protected watersheds when engineered stormwater controls are required. (See also, Best Management Practices and Engineered Stormwater Controls) Development Any constructed change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Also includes any land-disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. Development Activity In the context of property encumbered by Special Flood Hazard Area this term includes any activity defined as Development which will necessitate a Floodplain Development Permit. This includes buildings, structures, and non-structural items, including but not limited to: fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures. Development, Existing In the context of Stormwater provisions of this Ordinance for projects that do not require a State permit, shall be defined as those projects that are built, or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of Orange County’s Water Supply Watershed Protection Ordinance, or such earlier time that other Orange County ordinances shall specify, based on at least one of the following criteria: a) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid Orange County approval to proceed with the project, or b) Having an outstanding building permit in compliance with G.S. 153A-344.1 or G.S. 160A-385.1, or c) Having an approved site specific or phased development plan in compliance with G.S. 153A- 344.1 or G.S. 160A-385.1. For projects that require a State permit, such as landfills, NPDES wastewater discharges, land application of residuals, and road construction activities, existing development shall be defined as those projects that are built or those projects for which a State permit was issued prior to August 3, 1992. Development Intensity Definitions (See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio, Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.) Digital Flood Insurance Rate Map (DFIRM) The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. Direct Light Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of a luminaire. Discharge The addition of any human-induced effluent either directly or indirectly to state surface waters. Discharge, Domestic Wastewater Sewage, unprocessed industrial wastewater, other domestic wastewater, or any combination of these items. Domestic wastewater includes, but is not limited to, liquid waste generated by domestic water using fixtures and appliances, from any residence, place of business, or place of public assembly, even if 160 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-11 it contains no sewage. Examples of domestic wastewater include once-through non-contact cooling water, seafood packing facility discharges, and wastewater from restaurants. Discharge, Industrial The discharge of industrial process treated wastewater or wastewater other than sewage. Stormwater shall not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater. Industrial discharge includes: a) Wastewater resulting from any process of industry or manufacture, or from the development of any natural resource; b) Wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants; or c) Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program. Disposal, Solid Waste The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwater. Disposal, Waste The use of waters for disposal of sewage, industrial waste or other waste after approved treatment. Ditch A constructed channel, other than a modified natural stream constructed for drainage purposes, that is typically dug through inter-stream divided areas. A ditch or canal may have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to perennial or intermittent streams. Dwelling, Multi-Family A building or lot containing three or more dwelling units. Dwelling, Single Family A detached building containing one dwelling unit. Dwelling, Two Family A detached building containing two dwelling units (duplex). Dwelling Unit A room or group of rooms forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating by one family; for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, and containing independent cooking, sanitary and sleeping facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for periods of less than one week shall be construed to be lodging units. Mobile Homes and modular units are to be considered dwelling units under this definition. EA An Environmental Assessment. EA, Completed An Environmental Assessment that has been accepted by the Orange County Planning Department as technically acceptable for purposes of this Ordinance. EIS An Environmental Impact Statement. 161 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-12 EIS, Completed An Environmental Impact Statement that has been accepted by the Orange County Planning Department as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being reviewed for adequacy by the Orange County Planning Department. Easement A grant of rights by a property owner to another individual, group or governmental unit to make limited use of a portion of real property for a specified purpose. Economic Development Activity Node Land in Transition areas of the County which has been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. Flex space typically includes one-story buildings designed, constructed, and marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom, manufacturing assembly or similar operations. Efficiency Apartment An additional dwelling unit accessory to a single family residence meeting the development criteria outlined within this Ordinance. Elevated Building A non-basement building, which has its reference level raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic equalization of hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded movement of floodwaters. Encroachment The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede ore alter the flow capacity of a floodplain.49 Engineered (or Structural) Stormwater Controls A structural Best Management Practice (BMP) used to reduce non-point source pollution to receiving waters in order to achieve water quality protection goals. (See also Best Management Practices and Detention Pond) (Unless otherwise specified, “BMP”, when used in this Ordinance, refers to structural BMPs.) Environmental Document An EA, EIS, or FONSI, or all of them. Environmentally Sensitive Areas Land which is subject to special natural environmental conditions such as flooding that present significant constraints to built development. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Existing Construction 49 Correcting for a grammatical error in a definition related to our flood management program. 162 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-15 Flood Boundary and Floodway Map (FBFM) An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM). Flood Hazard Boundary Map (FHBM) An official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A. Flood Insurance The insurance coverage provided under the National Flood Insurance Program (NFIP). Flood Insurance Rate Map (FIRM) An official, adopted Orange County map, issued by FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the county are delineated. This includes DFIRM. These areas are incorporated within the official Zoning Atlas for Orange County as the Special Flood Hazard Area Overlay District. Flood Insurance Study (FIS) An examination, evaluation, and determination of flood hazard, corresponding water surface elevations (if appropriate), flood insurance risk zones, and other flood data in Orange County issued by FEMA. The FIS report contains corresponding flood profiles, as well as FIRMs. Flood Lamp See Outdoor Lighting, Flood Lamp. Floodlight See Outdoor Lighting, Floodlight. Floodplain or Flood Prone Area Any land area susceptible to being inundated by water from any source and is interchangeable terms. Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. Floodplain Development Permit A document required for any disturbance within a mapped special flood hazard area prior to the commencement of any development activity. Floodplain Management The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain Management Regulations This Ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power, which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Flood Proofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. 163 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-16 Flood-resistant material Any building product, material, component or system, capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay- resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials. Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. This term may also be referred to as “regulatory floodway.” Floodway encroachment analysis An engineering analysis of the impact that a proposed encroachment into a floodway or non- encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and models. Flood Zone A geographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flooding in the area. Floor See “Lowest Floor”. Floor Area Ratio Floor Area Ratio (FAR) is the maximum floor area permitted for each square foot of land area. Footcandle See Outdoor Lighting, Foot-candle. Forest Plantation An area of planted trees that may be conifers (pines) or hardwoods. On a plantation, the intended crop trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed that is blown or carried into the site. Forest Vegetation The plants of an area which grow together in disturbed or undisturbed conditions in various wooded plant communities in any combination or trees, saplings, shrubs, vines, and herbaceous plants. This includes mature and successional forests as well as cutover stands. Fraternity, Sorority House A building occupied by and maintained exclusively for college or university students who are affiliated with a social, honorary or professional organization and which is recognized by the college, university or other institution of higher learning. Freeboard Height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood elevations. Frontage, Building 164 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-21 Land Area Measurement Definitions (See Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Open Space Rear) Land-Disturbing Activity Any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation. Landfill A site within which is deposited solid waste material, including trash, construction debris, stumps, branches and limbs, garbage and industrial waste. Landfill, Discharging A landfill facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream. Discharging landfills require a National Pollution System (NPDES) Permit from the North Carolina Division of Water Quality. Land Use Intensity Definitions (See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio, Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Floor Area Ratio, Open Space, Open Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.) Land Use Permit A zoning permit, subdivision approval, building permit, site plan, special use permit, or conditional use permit. Land Use Plan A set of documents and maps that categorize existing patterns of land development and set guidelines for the desirable intensity, density, quantity, type, location and timing of future development based upon the goals and policies set forth in the Plan. The Land Use Plan can be found in the Land Use Element of the Comprehensive Plan. Length of Wall The horizontal distance from corner to corner. Where walls in continuous general frontage (as in the case of attached dwellings) are off-set by angles or setbacks of six feet or more, the length of each segment so set off shall be measured separately in establishing pertinent yard depth. Length of the wall of a circular building shall be construed as the diameter of the building. Letter of Map Change (LOMC) An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management 165 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-22 regulations. (d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Level of Service A qualitative measure that describes the operational conditions or a road or intersection, as defined by the Highway Capacity Manual. The various service levels are defined by a range from A to F, with A representing free flow traffic conditions and F representing stop-and-go traffic. Light, Flashing A light that intermittently flashes on and off. Light Source The point of origin illumination emanates; usually a lamp. Please refer to the definition of Outdoor Lighting, Lamp for additional information. Light Trespass Intrusion of direct light projected from one property or roadway onto another property or roadway. Livability Space Livability space is part of total open space appropriately improved and located as outdoor living space for residents and for aesthetic appeal. Such spaces include lawns and other landscaped areas, walkways, paved terraces and sitting areas, outdoor recreational areas, and landscaped portions of street rights-of- way. Such space shall not be used for vehicles, except for incidental service, maintenance or emergency action. Livability Space Ratio Livability space ratio is the minimum square footage of non-vehicular outdoor space required for each square foot of land area in residential development. It is open space used for people, planting and visual appeal and does not include vehicular parking and access areas. Lodgings Living quarters which do not contain independent kitchen facilities, provided, however, that dwelling units occupied by transients on a rental or lease basis for periods of less than one week shall be considered lodging units even though they contain independent kitchen facilities. Lodging Unit A room or rooms connected together, constituting a separate lodging for one family only, physically separated from any other rooms or dwelling or lodging units. Where two or more rooms are connected by a doorway or doorways, and arranged, equipped and furnished in such a manner that they might reasonably be rented, leased or occupied, either individually or in combination, each room shall be construed as a lodging unit. Logo An established identifying symbol or mark associated with a business or business entity. Lot Land bounded by lines established for the purpose of property division. The term includes water areas included in the property so enclosed. As used in this Ordinance, unless the context indicates otherwise, the term refers to a zoning lot. (See Lot, Zoning). 166 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-29 Mean sea level For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations shown on a Flood Insurance Rate Map (FIRM) are referenced. Refer to each FIRM panel to determine datum used. Meat Processing Facility, Community A smaller scale facility where livestock or wildlife is slaughtered, processed, and packaged for personal consumption and/or wholesale or retail sale. The livestock must be raised on the subject farm and from 1 to 4 other cooperative farm partners. Meat Processing Facility, Regional A larger scale facility where livestock is slaughtered, processed, and prepared for distribution for wholesale or retail sale. Metal Fabrication Shop A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale. Microbrewery, production only A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm and using primarily crops produced on-site. Microbrewery with Minor Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or off-site with limited hours for tours of the facility and tastings of the products produced on-site, and small periodic events that are expected to attract fewer than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Microbrewery with Major Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or off-site with tours of the facility, tastings of the products produced on-site, and periodic events that are expected to attract more than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Mobile Home A dwelling unit that: a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building for One- and Two-Family Dwellings; b) Is composed of one or more components, each of which is substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis for placement on a temporary or semi-permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and c) Exceeds eight feet in body width and 32 feet in body length. d) Is not certified by the Secretary of the Department of Housing and Urban Development. Mobile home shall also mean a double-wide mobile home. Mobile Home, Accessory A subordinate structure, the use of which is customarily incidental to the permitted use of the principal buildings. Accessory uses include, but are not limited to: a) Storage unit, b) Office, and c) Classroom facility. The mobile home, as an accessory structure, must not create non-conforming yards or setbacks. The installation of a mobile home, as an accessory structure, is exempt from the requirements set forth herein. 167 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-31 Net Assets The equity value of real property such as land, buildings, Certificates of Deposit, Checking and Savings accounts, money market accounts, stocks, bonds, cash, IRA of KEOUGH accounts, gold or precious metals, and business equipment. Family or personal assets such as furniture, automobiles, wheelchairs or other special equipment, household goods, boats and recreational vehicles are not included. New construction Structures for which the “start of construction” commenced on or after March 16, 1981, and includes any subsequent improvements to such structures. Night Club, Bar, or Pub An establishment that allows food, alcoholic drink and/or entertainment. Non-Conformance Non-conformities are: a) Lots; b) Uses of land without structures or with minor structures only; c) Uses of major structures and premises; d) Characteristics of Use; and e) Structures which were lawful but would be prohibited, regulated or restricted by the enactment of this Ordinance or a subsequent amendment thereto. Non-conformity may also be created by lawful public taking or actions pursuant to a court order and have the same effect as violations of this Ordinance, if undertaken privately. Non-Conversion Agreement: A document stating that the owner will not convert or alter what has been constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk’s or recorder’s stamps and/or notations that the filing has been completed. Non-Encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study report. Non-Point Source Pollution Pollution which enters waters mainly as a result of precipitation and subsequent run-off from lands which have been disturbed by man's activities and includes all sources of water pollution which are not required to have a state or local or state permit for discharge into a stream. Non-Profit Educational Cooperative An organization operated on a non-profit basis whose purpose is to acquire, produce and distribute instructional materials for the benefit of its member institutions. Membership is comprised primarily of fully accredited schools of health, education, social, legal, environmental and/or engineering sciences in institutions of higher learning (universities, colleges and technical institutes). On-site faculty development workshops and fellowship training programs may also be provided as part of the organization's purpose. Non-Residential Development Development of any land use which is not residential in nature, including uses (such as churches) which are allowed in residential zoning districts. Non-Residential Floor Area - Inclusions and Exclusions The sum of areas for non-residential use on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and 168 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-36 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 Exterior area appropriately improved for common recreational use. Part of total and livability open space. Recreation Space Ratio Recreation space ratio is the minimum square footage of open space in residential areas, suitable by location, size, shape, access and improvements, required for each square foot of gross land area. This area is a public or private exterior area improved for recreation of all residents, having a least dimension of 50 feet, and average dimension of 100 feet and a minimum area of 10,000 square feet. Recreation Vehicle (RV) A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, and is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, providing short term recreational living accommodations, designed primarily not for use as a permanent dwelling, but as temporary living quarters (i.e., for 180 days or less) for recreational, camping, travel, or seasonal use. Recreational Facilities A use of property occurring indoors and/or outdoors providing recreational amenities, activities, or services for compensation. Activities shall include, but not be limited to: sports played on a court, amusement arcades, bowling alleys, skating rinks, shooting ranges, billiard and pool halls, paintball, rope climbing or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobic and yoga studios, athletic facilities, and gymnasiums. Reference level The portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance. For structures within Special Flood Hazard Areas designated as Zone AE, the reference level is the top of the lowest floor. The bottom of the lowest horizontal structure member of the lowest floor for structures within all Special Flood Hazard Areas. 50 Regulatory flood protection elevation The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation plus two feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at two feet above the highest adjacent grade. Regulatory flood protection elevation is interchangeable with “design floods”. Rehabilitative Care Facility A facility licensed by the appropriate state agency, as a group care facility for individuals who are handicapped, aged, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health care, adult supervision, or rehabilitation. Remedy a violation To bring the structure or other development into compliance with State and Orange County laws and regulations. In terms of compliance with Orange County floodplain management regulations, the term shall also include reduction of the impacts of a development’s noncompliance including protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. Repetitive loss 50 Staff is proposing to modify the existing definition to be consistent with the revised 2017 model flood ordinance prepared by FEMA. 169 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-53 Special Event A commercial activity attracting at least 20 people at any given time, that typically does not involve permanent structures, and does not occur more frequently than seven days in a 30-day period or more than 50 days per year. Examples of special events are craft shows, small festivals, concerts, medical or veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as picnics or receptions sponsored by a restaurant or caterer. Activities which are not included in this definition include: a) Events of a personal or non-profit, nature such as family reunions and church activities; b) Farm-related or rural events such as horse shows, 4-H events and auctions; and c) Fund-raising events for non-profit organizations. Special Flood Hazard Area (SFHA) The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in Section 4.3.1 1.1.3 of this Ordinance, as defined by the base flood elevation. The mapped special flood hazard area approximates the base flood elevation. Special Flood Hazard Area Overlay District An overlay district establishing standards for development for properties within identified floodplains.51 Special-Purpose Unit of Government Any special district or public authority. Special Use A use which would not be appropriate generally throughout the zoning district or without special study, but which, if controlled as to number, area, location or relation to neighborhood, would be appropriate. Such uses which are listed as Special Uses in the Permitted Use Table, Section 5.2, may be installed and operated only after approval by the Board of Commissioners or by the Board of Adjustment, as appropriate, subject to the general and specific standards. Specified Anatomical Areas (a) Less than completely and opaquely covered human: (i) genitals, pubic region, (ii) buttocks, or (iii) breast below a point immediately above the top of the areola; or (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities (a) Human genitals in a state of sexual stimulation or arousal; (b) Acts of human masturbation, sexual intercourse or sodomy; or (c) Fondling or other erotic touchings of human genitals, pubic regions, buttocks or breasts. Start of Construction Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. 51 As we are recommending elimination of the overlay district, there is no need to maintain a definition of same. 170 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-57 All divisions of a tract or parcel of land into two or more lots, building sites or other divisions 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. Subdivision, Exempt a) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County, including private road justification standards, as detailed within this Ordinance. b) The division of land into parcels greater than 10 acres if no street right-of-way dedication is involved. c) The public acquisition by purchase of strips of land for widening or opening streets. d) The division of a tract in single ownership of the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the County as shown by its subdivision regulations. Subdivision, Major Any division of land that is not classified as an Exempt or Minor subdivision. Subdivision, Minor A division of a tract of land that does not: a) Create more than five lots for conventional design options, or more than 12 lots for flexible development, including the residual acreage, from any one tract of land in any 24 month period; b) Dedicate or improve any new public street other than widening an existing public street; c) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots; d) Necessitate the installation of drainage improvements which would require easements through one or more lots to serve other lots; and e) At the option of the applicant, involve vesting of the subdivision for a period greater than one year. Substantial damage Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See definition of “substantial improvement.” Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. Substantial improvement Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one year period whereby the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: a) aAny correction of existing violations of State or Orange County health, sanitary, or safety code specifications which have been identified by the Orange County code enforcement official and which are the minimum necessary to assure safe living conditions, or b) aAny alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by a variance issued pursuant to this Ordinance.52 Support System A combination of footers, piers, caps, and shims that will, when properly installed, support the mobile home. Masonry walls may be installed as a cosmetic feature. 52 Language added to ensure consistency with the 2017 model flood ordinance as prepared by FEMA. 171 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-65 A system of wastewater collection, treatment, and disposal in single or multiple components, including ground absorption systems, non-discharge systems, and systems that discharge effluent to the surface waters, and any other system as may be permitted by the Orange County Health Department or the State of North Carolina. (ref. NCGS Article 11, Chapter 130A) Waterbody, Perennial A natural or constructed basin that stores surface water permanently at depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non-stream estuaries, and oceans. For the purpose of stormwater provision of this Ordinance, the waterbody must be part of a natural drainageway (i.e. connected by surface flow to a stream). Water-Dependent Structure Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water- dependent structures. Water Feature A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a presence of water in the soil. Examples of water features include, but are not limited to, perennial and intermittent streams, lakes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetlands, and natural drainage ditches (non-ephemeral). Water surface elevation (WSE) The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.53 Watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water Supply, Public A water supply system that serves a city or town located partly or entirely within Orange County that has a population in excess of 2,500. Water Supply Watershed (or Protected Watershed) Land that drains to existing reservoirs which are public water supplies or potential reservoir sites or stream intakes which have been designated for protection. All such lands have been classified by the Environmental Management Commission as WS-II, WS-III or WS-IV watersheds and require protection in accordance with the State Mandate. (See definition for “State Mandate”). Water Supply Watershed Critical Area, County Designated The land area within one-half mile of the normal pool elevation (or designated elevation) of an existing Class II water supply reservoir, or the ridgeline of the watershed, whichever is less; and the land area within one-half mile of the normal pool elevation (or designated elevation) of a proposed water supply reservoir designated for protection, or the ridgeline of the watershed, whichever is less; and the area within one-half mile of streams flowing into Class I reservoirs, as designated for protection within this Ordinance. Water Supply Watershed Critical Area, State Required The land area within one-half mile of the normal pool elevation of water supply reservoirs in which an intake is located (i.e., Class I reservoirs), or the ridgeline of the watershed, whichever is less. 53 As we are not in a coastal area there is no need to reference same in our definition(s) section. 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: October 4, 2017 Action Agenda Item No. 8 SUBJECT: Expansion of Hillsborough Area Economic Development District DEPARTMENT: Planning and Inspections ATTACHMENT(S): 1. Amendment Outline Form – Expansion of Hillsborough Area Economic Development District 2. Statement of Consistency 3. Proposed Ordinance INFORMATION CONTACT: (919) Craig Benedict, Planning Director, 245-2575 Perdita Holtz, Planner III, 245-2578 Tom Altieri, Planner III, 245-2579 Steve Brantley, Economic Development Director, 245-2326 PURPOSE: To review and make a recommendation to the BOCC on government-initiated amendments to the: • Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan, • Orange County Comprehensive Plan Future Land Use Map, and • Orange County Zoning Atlas. The amendments would expand the southern boundary of the Hillsborough Economic Development District (EDD). BACKGROUND: Orange County and the Town of Hillsborough have been discussing potential expansion of the Hillsborough EDD. Over the past two years, various actions have occurred as the County continues work towards investing approximately $1.5 million in a sewer “trunk line” south of Interstate 40 and west of Old Highway 86. With an eye towards maximizing the use of the sewer line, there is interest in designating additional lands that could be served via a “gravity sewer line” for non-residential purposes. At its June 6, 2017 meeting, the BOCC approved amendments to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) to expand the Hillsborough Primary Service Area. All parties have approved the WASMPBA amendment, except the Town of Hillsborough. The Town of Hillsborough is expected to revisit the WASMPBA amendment in October 2017 with the benefit of the County’s proposed land uses and zoning contained herein. Three related amendments are being proposed to prescribe the land uses that will be allowed in the expanded EDD area. 1. The Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan is a joint land use document that defines the locations of future land use 229 categories to help achieve a desired and coordinated pattern of development over time. The COCA Land Use Plan includes several urban-style land use categories that are more specific than those provided in the County’s Comprehensive Plan, which covers a much larger geographic area. Implementation of the COCA Land Use Plan is achieved through consistency with the County’s Comprehensive Plan Future Land Use Map, application of County zoning, and a coordinated approach to rezoning. The proposed amendment would reflect the expansion of the Town’s Urban Service Boundary to provide water and sewer service to the area. The amendment would also propose an “Employment” land use in the expansion area consistent with economic development goals. As part of a joint land use plan, these amendments require approval by the Town of Hillsborough and are being coordinated so that the Town and County processes run concurrently. Town of Hillsborough Schedule: Date to be determined - Town Public Hearing and Planning Board recommendation Date to be determined – Town Board action 2. The Orange County Comprehensive Plan Future Land Use Map (FLUM) defines the location of future land use categories, consistent with any joint land use plans, and is designed to accommodate a particular combination of general land uses. The FLUM helps achieve a desired pattern of development over time and is implemented primarily through zoning. The proposed amendment to this plan would change the expansion area from a Rural Residential land use to an Economic Development Activity Node which would designate the area for light industrial and retail development. 3. The Orange County Zoning Atlas is a map of the County’s planning and zoning jurisdiction that assigns all parcels a zoning district. Each zoning districts includes specific standards, as outlined in Article 3 of the Unified Development Ordinance (UDO), and specific allowable uses, as are found in the Tables of Permitted Uses in Section 5.2 of the UDO. The proposed amendment would rezone approximately 81.4 acres from Rural Residential (R-1) to Economic Development Hillsborough (EDH-2) which generally allows low intensity office uses and supporting services. Parcels with existing single-family residences are not proposed to be rezoned. The zoning on the four parcels containing existing residences will remain Rural Residential so that non-conforming uses will not be created. The Amendment Outline Form in Attachment 1 provides additional information and maps depicting the proposed amendments are included in Attachment 3. Public Information Meeting Planning staff held a joint public information meeting in coordination with Town of Hillsborough Planning staff on September 26. Six property owners were in attendance. Although the meeting was not held to discuss specifics of the Settlers Point development application, which is a separate item on the Board’s agenda tonight, discussions did have a tendency to center on the development proposal. This was anticipated and addressed in staff’s presentation. Staff will provide more detailed meeting notes to the Planning Board in advance of its meeting but in general, comments, questions, concerns included: • Why is there a County initiated zoning amendment separate and in addition to the developer initiated rezoning for Settlers Point? • What happens to existing homes in the amendment area if the amendments are approved? 230 • Some existing homes could be surrounded by non-residential uses. • County staff is proposing the application of an EDH-2 zoning district that prohibits residential development while the Settlers Point development application includes a residential component. How will this be reconciled? • When will the Town and County sort out any discrepancy? There needs to be discussion before a public hearing. • What happens to this set of amendments if the Town decides not to expand or further delays decision to expand its Primary (Urban) Service Area for water and sewer? • An undeveloped parcel (northwest corner Old NC 86/Davis Rd) is included in the rezoning but it’s not clear if or when sewer will be made available to it. How can the property be developed in the near term if sewer is unavailable and residential development prohibited? Planning Director’s Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the zoning atlas amendments are reasonable and in the public interest, contained in Attachment 2 and the proposed ordinance, which includes all three related amendments, contained in Attachment 3. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for mailed notifications and the required legal advertisement will be paid from FY2017-18 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. RECOMMENDATION(S): The Planning Director recommends the Planning Board: 1. Review the proposed amendments to the: a. Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan, b. Orange County Comprehensive Plan Future Land Use Map, and c. Orange County Zoning Atlas 2. Deliberate on the proposal as desired, 3. Consider the Planning Director’s recommendation, and 4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 2) and the proposed ordinance (Attachment 3) in time for the November 2017 Quarterly Public Hearing. 231 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE Other-2017-01 Hillsborough Economic Development District Expansion Amendments, South of Interstate 40 in the Vicinity of Old Highway 86 A. AMENDMENT TYPE Map Amendments Future Land Use Map From: Rural Residential To: Economic Development (Transition) Activity Node Zoning Map From: R-1 (Rural Residential) To: EDH-2 (Economic Development Hillsborough Limited Office) Other: Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan (a.k.a. Joint Land Use Plan) Amendments - This amendment would: 1) Reflect the expanded Town’s Urban Service Boundary for consistency with the pending Water/Sewer Boundary Agreement Map amendment; and 2) Apply the “Employment” land use classification to the entire expanded area. Text Amendments Comprehensive Plan Text: Section(s): UDO Text: UDO General Text Changes UDO Development Standards UDO Development Approval Processes Section(s): Other: B. RATIONALE 1. Purpose/Mission Attachment 1 232 2 In order to better promote economic development opportunities and help preserve planned sewer capacities for non-residential uses, the Planning Director is suggesting consideration of amendments to the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan (a.k.a Joint Land Use Plan), the Orange County Comprehensive Plan Future Land Use Map, and the Orange County Zoning Atlas south of Interstate 40 in the vicinity of Old Highway 86. 2. Analysis PROPOSED CHANGES Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan (Attachment 1-1) – 16 Parcels (in whole/in part); 84-Acres From: N/A - Not previously within the Town’s Urban Service Boundary and therefore, not covered by the original Joint Land Use Plan. To: Employment - These areas include a wide range of business, light industrial, office, research and development, along with related/support services uses including restaurants, small scale retail and convenience shopping/services. Buildings and uses will be sited to limit the visual impact of service and warehousing operations, while still providing convenience for business functionality. These areas are in prime locations with good access to major road networks (where capacity exists or is planned) and rail if needed and should be reserved for high return employment generating uses. Orange County Comprehensive Plan Future Land Use Map (Attachment 1-2) – 20 Parcels (in whole/in part); 89-Acres From: Rural Residential - Land in the rural areas of the County which is appropriate for low intensity and low-density residential development and which would not be dependent on urban services during the plan period. To: Economic Development (Transition) Activity Node - Land in areas of the County which has been specifically targeted for economic development activity consisting of light industrial, distribution, office, service/retail uses, and flex space (typically one-story buildings designed, constructed, and marketed as suitable for use as offices but able to accommodate other uses such as a warehouse, showroom, manufacturing assembly, or similar operations.) Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. Orange County Zoning Atlas (Attachment 1-3) - 16 Parcels (in whole/in part); 81.4- Acres From: Rural Residential, R-1 - Provides locations for rural non-farm residential development, at very low intensities, in areas where the short and long-term solutions to domestic water supply and sewage disposal shall be individual wells and ground absorption system. 233 3 To: Economic Development Hillsborough (EDH-2) - The purpose of the Economic Development Hillsborough Limited Office (EDH-2) District is to provide locations for low intensity office uses and supporting services in the designated Hillsborough Economic Development District. The district may contain limited commercial uses within employment centers or where vehicular access is provided internally to the development. Parcels with existing single-family residences are not proposed to be rezoned. The zoning on the four parcels containing existing residences will remain R-1 so that non- conforming uses will not be created. Background The Water and Sewer Management, Planning, and Boundary Agreement is an agreement signed in 2001 between Orange County, the Orange Water and Sewer Authority (OWASA), and the Towns of Chapel Hill, Carrboro, and Hillsborough. The agreement provides a comprehensive county-wide system of utility service areas upon which signatory entities could rely when making decisions related to issues such as planning, land use, annexation, zoning, and growth management. At its June 6, 2017 meeting, the BOCC approved amendments to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) to expand the Hillsborough Primary Service Area. All parties have approved the WASMPBA amendment, except the Town of Hillsborough. Its approval is pending a greater understanding of the intended future land uses and zoning for the area, which the amendments discussed herein provide. Subsequent to expansion of the Hillsborough Primary Service Area, the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan (a.k.a Joint Land Use Plan) must be amended to assign appropriate future land uses, followed by the amendments to the County Comprehensive Plan Future Land Use Map and Zoning Atlas. Following is a description of the three (3) planning constructs or “tools” that are part of the proposed Hillsborough Area Economic Development District expansion: The Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan is a joint land use document that defines the locations of future land use categories to help achieve a desired and coordinated pattern of development over time. The COCA Land Use Plan includes several urban-style land use categories that are more specific than those provided in the County’s Comprehensive Plan, which covers a much larger geographic area. Implementation of the COCA Land Use Plan is achieved through consistency with the County’s Comprehensive Plan Future Land Use Map, application of County zoning, and a coordinated approach to rezoning. The Orange County Comprehensive Plan Future Land Use Map (FLUM) defines the location of future land use categories, consistent with any joint land use plans, and is designed to accommodate a particular combination of general land uses. The FLUM helps achieve a desired pattern of development over time and is implemented primarily through zoning. 234 4 The Orange County Zoning Atlas is a map of the County’s planning and zoning jurisdiction that assigns all parcels a zoning district. Each zoning districts includes specific standards, as outlined in Article 3 of the Unified Development Ordinance (UDO), and specific allowable uses, as are found in the Tables of Permitted Uses in Section 5.2 of the UDO. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Objective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. (See also Land Use Objective LU-1.1 and Water and Wastewater Objective WW-5.) Objective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses in the County. Objective ED-2.7: Select industrial sites in Economic Development Areas based on present and planned supporting systems, such as public water and sewer, access to adequate highway, rail, or public transportation infrastructures, and minimize detrimental environmental or negative social outcomes. (See also Water and Wastewater Objective WW-15.) Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non- residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 4. New Statutes and Rules 235 5 N/A C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed September 5, 2017 b. Quarterly Public Hearing November 2017 c. BOCC Updates/Checkpoints October 4, 2017 – Planning Board Meeting for Recommendation (BOCC receives agenda) d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. Additionally, Planning staff held a joint public information meeting with Town of Hillsborough Planning staff on September 26, 2017 which covered all three related items (modifications to the Joint Land Use Plan, County Comprehensive Plan Future Land Use Map, and County Zoning Atlas amendments). a. Planning Board Review: October 4, 2017 - Recommendation b. Advisory Boards: Economic Development Advisory Board c. Local Government Review: Staff will be working jointly with the Town of Hillsborough’s staff on the three related items and the Town will formally adopt the amendment to the Joint Land Use Plan Date to be determined – Town of Hillsborough Public Hearing and Town Planning Board Recommendation Date to be determined – Town Board of Commissioners Action d. Notice Requirements Consistent with NC State Statutes and Orange County requirements. 236 6 e. Outreach: 3. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of county services. Costs for the mailings and 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 Staff is proposing the amendments to allow for a broader range of uses and higher intensities so that the County can better promote this area to economic development prospects and help preserve planned sewer capacities for non-residential uses. E. SPECIFIC AMENDMENT LANGUAGE N/A Primary Staff Contacts: Tom Altieri, Perdita Holtz, and Craig Benedict Planning & Inspections Department 919-245-2575 taltieri@orangecountync.gov pholtz@orangecountync.gov cbenedict@orangecountync.gov General Public: Staff held a joint public information meeting with Town of Hillsborough Planning staff on September 26, 2017. The meeting covered all three related items (Joint Land Use Plan, County Comprehensive Plan Future Land Use Map, and County Zoning Atlas amendments). Notices regarding the public information meeting and Planning Board meeting were mailed to affected and adjacent (1,000-foot boundary) property owners. Signs noticing the Planning Board meeting were also posted in the area. Small Area Plan Workgroup: Other: 237 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated amendments to the Zoning Atlas to rezone parcels in the expanded Hillsborough Economic Development District (EDD), south of Interstate 40, as follows: • All or portions of 16 parcels, totaling 81.4 acres, located on both sides of Old Highway 86, south of Interstate 40 are proposed to be rezoned from R-1 (Rural Residential) to EDH-2 (Economic Development Hillsborough Limited Office). Additionally, 0.95 acres of road right-of-way is to be rezoned. The following parcels are affected by this proposal: Parcel Identification Number (PIN) Entire or Partial Parcel to be Rezoned? Owner on Record Acreage Proposed to be Rezoned 9873104310 Partial Beatrice S Brooks 0.72 9872292222 Entire Theodore L & Beverly N Bryant 10.18 9873108103 Entire Michael William Sudyk 3.51 9873104230 Entire Michael W & George W Sudyk 4.45 9872196844 Entire Michael William Sudyk 3.26 9872193459 Entire Theodore L & Beverly N Bryant 10.23 9872198336 Entire Theodore L & Beverly N Bryant 10.44 9872298289 Partial Theodore L & Beverly N Bryant 7.99 9872188329 Partial Joe L & Vickie R Jernigan 1.87 9872286779 Partial Theodore L & Beverly N Bryant 0.59 9862998894 Partial Landmark Management Partners LLC 11.69 9872187626 Partial Theodore L & Beverly N Bryant 7.98 9872098324 Partial Theodore L & Beverly N Bryant 7.45 9872286360 Partial Rea Landcom Inc 0.04 9872087570 Partial Charlene W Hamlett 0.03 9872183072 Partial Joe L Jernigan 0.02 Two overlay districts also apply to the geographic area (Watershed Protection and Major Transportation Corridor). No modifications are being proposed to the boundaries of the two overlay districts and requirements related to the overlay districts will continue to apply. The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan, which is proposed for concurrent amendments. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Attachment 2 238 Objective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. (See also Land Use Objective LU-1.1 and Water and Wastewater Objective WW-5.) Objective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses in the County. Objective ED-2.7: Select industrial sites in Economic Development Areas based on present and planned supporting systems, such as public water and sewer, access to adequate highway, rail, or public transportation infrastructures, and minimize detrimental environmental or negative social outcomes. (See also Water and Wastewater Objective WW-15.) Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non- residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. c. The amendment is reasonable and in the public interest because it: 1. Assists Orange County in expanding the amount of land that can be served by the sewer trunk line (to be located slightly to the north) via gravity sewer lines. The County is investing approximately $1.5 million in public economic development funds to design and construct the trunk line and it is a prudent use of public funds to maximize the potential of the investment. 2. Assists the County in promoting the Hillsborough EDD to economic development prospects while continuing to protect adjacent and nearby land uses through the myriad of development standards in the County’s UDO. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed Zoning Atlas amendments. ______________________ ________________________ Lydia N. Wegman, Chair Date 239 Ordinance #: ________ 1 AN ORDINANCE AMENDING THE TOWN OF HILLSBOROUGH/ORANGE COUNTY CENTRAL ORANGE COORDINATED AREA LAND USE PLAN ORANGE COUNTY COMPREHENSIVE PLAN FUTURE LAND USE MAP THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has initiated amendments to the: • Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan, • Orange County Comprehensive Plan Future Land Use Map, as established in Section 1.7 of the Orange County Unified Development Ordinance (UDO), and • Orange County Zoning Atlas, as established in Section 1.2 of the Orange County UDO, and WHEREAS, the proposed amendment to the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan consists of the following: • Extend the Town’s Urban Service Boundary for public water and sewer, and • Add the Employment Future Land Use Classification to all or portions of 16 parcels, totaling 84 acres, located on both sides of Old Highway 86, south of Interstate 40, and WHEREAS, the proposed amendment to the Orange County Comprehensive Plan Future Land Use Map consists of the following: • Amend all or portions of 20 parcels, totaling 89 acres, located on both sides of Old Highway 86, south of Interstate 40 from Rural Residential to Economic Development Transition. Additionally, 1.64 acres of road right-of-way is included, and • One overlay land use classification applies in this geographic area (Resource Protection Area). No modifications are being proposed to the boundary, and WHEREAS, the following parcels are affected by the amendment proposal: Parcel Identification Number (PIN) Entire or Partial Parcel to be Changed? Owner on Record Acreage Proposed to be Changed 9862998894 Partial LANDMARK MANAGEMENT PARTNERS LLC 11.69 9872087570 Partial CHARLENE W HAMLETT 0.03 9872095945 Partial LARRY B LEE 1.64 9872098324 Partial THEODORE L BRYANT and BEVERLY N BRYANT 7.45 9872183072 Partial JOE L JERNIGAN 0.02 9872187626 Partial THEODORE L BRYANT and BEVERLY N BRYANT 7.98 9872188329 Partial JOE L JERNIGAN and VICKIE R JERNIGAN 1.87 9872191961 Entire JEANINE L DUKE and JAMES N POULOS 1.18 9872193459 Entire THEODORE L BRYANT and BEVERLY N BRYANT 10.23 9872196844 Entire MICHAEL WILLIAM SUDYK 3.26 9872198336 Entire THEODORE L BRYANT and BEVERLY N BRYANT 10.44 9872286360 Partial REA LANDCOM INC 0.04 9872286779 Partial THEODORE L BRYANT and BEVERLY A BRYANT 0.59 9872292222 Entire THEODORE L BRYANT and BEVERLY N BRYANT 10.18 9872298289 Partial THEODORE L BRYANT and BEVERLY N BRYANT 7.99 9873007189 Entire JOHN JR BOXTER and SHANNON MARTIN 1.06 9873008345 Entire JOSEPH S SHORE and SARAH C SHORE 2.71 9873104230 Entire MICHAEL W SUDYK and GEORGE W SUDYK 4.45 9873104310 Partial BEATRICE S BROOKS 0.72 9873108103 Entire MICHAEL WILLIAM SUDYK 3.51 Attachment 3 240 WHEREAS, the proposed rezoning consists of the following: • Rezone all or portions of 16 parcels, totaling 81.4 acres, located on both sides of Old Highway 86, south of Interstate 40 from R-1 (Rural Residential) to EDH-2 (Economic Development Hillsborough Limited Office). Additionally, 0.95 acres of road right-of-way is to be rezoned, and • Two overlay districts apply in this geographic area (Watershed Protection and Major Transportation Corridor). No modifications are being proposed to the boundaries of the two overlay districts, and WHEREAS, the following parcels are affected by the rezoning proposal: Parcel Identification Number (PIN) Entire or Partial Parcel to be Rezoned? Owner on Record Acreage Proposed to be Rezoned 9873104310 Partial Beatrice S Brooks 0.72 9872292222 Entire Theodore L & Beverly N Bryant 10.18 9873108103 Entire Michael William Sudyk 3.51 9873104230 Entire Michael W & George W Sudyk 4.45 9872196844 Entire Michael William Sudyk 3.26 9872193459 Entire Theodore L & Beverly N Bryant 10.23 9872198336 Entire Theodore L & Beverly N Bryant 10.44 9872298289 Partial Theodore L & Beverly N Bryant 7.99 9872188329 Partial Joe L & Vickie R Jernigan 1.87 9872286779 Partial Theodore L & Beverly N Bryant 0.59 9862998894 Partial Landmark Management Partners LLC 11.69 9872187626 Partial Theodore L & Beverly N Bryant 7.98 9872098324 Partial Theodore L & Beverly N Bryant 7.45 9872286360 Partial Rea Landcom Inc 0.04 9872087570 Partial Charlene W Hamlett 0.03 9872183072 Partial Joe L Jernigan 0.02 and WHEREAS, the proposals have been found to be consistent with the 2030 Orange County Comprehensive Plan, and WHEREAS, the requirements of Sections 2.3 and 2.8 of the UDO have been deemed complete, and WHEREAS, the Board has found the proposed amendments to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan, Orange County Comprehensive Plan Future Land Use Map, and Orange County Zoning Atlas are hereby amended as depicted on the attached maps. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner ________________________, seconded by Commissioner ________________________, the foregoing ordinance was adopted this ________ day of ___________________, 2017. 241 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 242 !"_$ WATERSTONEDR OAK RIDGE DR G LA D Y S L N DAVIS RD DESTINY DR SERVICERD W SCARLETTMOUNTAIN R D SU MMIT TRAIL DRRIPPYLN O L D N C 8 6 OL D N C 86 ALICELOOP Proposed Town of Hillsborough/Orange County Central OrangeCoordinated Area Land Use Plan Natural Resources Proposed Employment Urban Service BoundaryPending Hillsborough Current Urban ServiceBoundary Existing Land Use Plan Employment Mixed Res Neighborhood Mixed Use Neighborhood Mixed Use Permanent Open Space Suburban Office ¯Orange County Planning and InspectionsBrian Carson (8/18/2017) 0 200Feet 1 in = 650 feet 243 !"_$ WATERSTONE DR VALLIE HILN OAK RIDGEDR G LA D Y S L N DAVIS RD DESTINY DR SERVICERD W SCARLETTMOUNTAINRD O L D N C 8 6 OL D N C 86 P H O E B E D R ALICELOOP Orange County Comprehensive Plan Future Land Use Map Streets Resource Protection Areas Proposed Economic Development Transition Parcels City Limits Water Supply Watersheds JPA Rural Residential Rural Buffer City Limits Activity Node Economic Development Transition ¯Orange County Planning and InspectionsBrian Carson (8/18/2017) 0 400Feet 1 in = 650 feet 244 !"_$ DAVIS RD GR A P E V I N E L N WOODRID G ELN G LAD Y S L N OLDHERITAGE CT OAK RIDGE DR DESTINY DR SERVICERD W SCARLETTMOUNTAINRD OLD N C 8 6 A LIC ELOOP Orange County Proposed Zoning Changes Change to EDH-2 Study Area Major Transportation Corridor Parcels Existing Zoning City Limits EC5 EDH-2 EDH-4 EDH-5 R1 RB ¯Orange County Planning and InspectionsBrian Carson (8/23/2017) 0 400Feet 1 in = 650 feet 245 !"_$ DAVIS RD GRAP E V I N E L N WOODRID G E L N G LAD Y S L N OLD HERITAGE CT OAK RIDGE DR DESTINY DR SERVICERD W SCARLETTMOUN TAIN R D OLD N C 8 6 A LIC ELOOPLower EnoUnprotectedWatershed Jordan LakeUnprotectedWatershed Orange County Proposed Zoning Changes, Including Overlays Change to EDH-2 Study Area Parcels Major TransportationCorridor Overlay Special Flood Hazard AreasOverlay Water Supply WatershedOverlay Existing Zoning City Limits EC5 EDH-2 EDH-4 EDH-5 R1 RB ¯Orange County Planning and InspectionsBrian Carson (9/11/2017) 0 400Feet 1 in = 650 feet 246 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: October 4, 2017 Action Agenda Item No. 9 SUBJECT: Zoning Atlas Amendment: Conditional Zoning –Master Plan Development Conditional Zoning District (MPD-CZ) Settlers Point DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENTS: INFORMATION CONTACT: 1. Application 2. Vicinity Map 3. Map Depicting Current Future Land Use Map and Growth Management System Designation(s) for Subject Properties 4. Staff Comments 5. Notes from Neighborhood Information Meeting 6. Statement of Consistency 7. Ordinance Amending Zoning Atlas and Conditions of Approval 8. Notification Materials and Certification Under Separate Cover – Project Narrative, Maps, and Supporting documentation Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To review and make a recommendation to the BOCC on a request to rezone approximately 272 acres of property to Master Plan Development – Conditional Zoning (MPD-CZ) district in accordance with the provisions of Section 2.9.2 of the Unified Development Ordinance (hereafter ‘UDO’). The application, including narrative, maps, and the Transportation Impact Analysis (TIA), can be accessed on the Planning department website at: http://www.orangecountync.gov/departments/planning_and_inspections/current_interest_projects.ph p. BACKGROUND: On February 3, 2017 staff received a request from to rezone approximately 272 acres of property: 247 From: Economic Development Hillsborough Limited Office (EDH-2) ; Economic Development Hillsborough Office/Retail (EDH-4) ; Economic Development Hillsborough Research and Manufacturing (EDH-5) ; Rural Residential (R-1) ; Special Flood Hazard Area (SFHA) Overlay District ; Major Transportation Corridor (MTC) Overlay District. To: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point ; Special Flood Hazard Area (SFHA) Overlay District ; Major Transportation Corridor (MTC) Overlay District. for the purpose of developing Settlers Point, a mixed use development proposing the three development areas further identified as follows: • District 1: industrial/manufacturing/research land uses, • District 2: office/retail/commercial land uses, and • District 3: residential land uses focusing on providing senior care/living accommodations. This request was tabled, at the applicant’s request, with a revised narrative and supporting documents submitted on August 4, 2017 for processing. The basic facts concerning the current application are as follows: Applicant(s): Old NC 86 Partners LLC 504 Meadowlands Drive Hillsborough, NC 27278 Agent(s): Summit Design and AECOM Engineering Services 701 Corporate Center Drive 504 Meadowlands Drive Suite 475 Hillsborough, NC 27278 Raleigh, NC 27607 Location: South of Interstate 40. Please refer to the project vicinity map contained within Attachment 2 for additional detail. Parcel Information: a. PIN: The application involves the rezoning of 20 parcels of property, totaling approximately 272 acres in area, further identified as follows: 1. A 90.37 acre tract of land PIN# 9863-71-8857 2. A 58.56 acre tract of land PIN# 9863-91-6573 3. A 1.36 acre tract of land PIN# 9873-11-4636 4. A 1.65 acre tract of land PIN# 9873-11-5415 5. A 0.50 acre tract of land PIN# 9873-11-7506 6. A 1.75 acre tract of land PIN# 9873-11-9450 7. A 1.46 acre tract of land PIN# 9873-11-7247 8. A 4.50 acre tract of land PIN# 9873-10-7937 9. A 34.58 acre tract of land PIN# 9873-20-2388 10. A 2.45 acre tract of land PIN# 9873-10-4310 11. A 4.21 acre tract of land PIN# 9873-10-4230 248 12. A 3.27 acre tract of land PIN# 9873-10-8103 13. A 3.27 acre tract of land PIN# 9872-19-6844 14. A 10.09 acre tract of land PIN# 9872-19-3549 15. A 10.01 acre tract of land PIN# 9872-19-8336 16. A 10.01 acre tract of land PIN# 9872-29-2222 17. A 10.01 acre tract of land PIN# 9872-29-8289 18. A 4.00 acre tract of land PIN# 9872-28-6779 19. A 10.01 acre tract of land PIN# 9872-18-7626 20. A 10.06 acre tract of land PIN# 9872-09-8324 b. Size of parcel: As indicated total acreage involved with this application is approximately 272 acres. c. Current Zoning of parcels: Economic Development Hillsborough Office/Retail (EDH-4) ; Economic Development Hillsborough Research and Manufacturing (EDH-5) ; Rural Residential (R-1) ; Special Flood Hazard Area (SFHA) Overlay District ; Major Transportation Corridor (MTC) Overlay District. The properties associated with this application are not located within a Watershed Protection Overlay District. As a result there is no impervious surface limit enforced via the land use permitting process. STAFF COMMENT: There is an item being reviewed at the Planning Board’s October 4, 2017 regular meeting proposing the elimination of the SFHA Overlay District. If this item is approved, there will be no SFHA Overlay District designation on the subject parcels. This action will not impact or eliminate the applicant’s responsibility from complying with applicable floodplain management standards as detailed within the UDO. STAFF COMMENT: There is an item being reviewed at the Planning Board’s October 4, 2017 regular meeting proposing to rezone the parcels located within District 3 from Rural Residential (R-1) to Economic Development Hillsborough Limited Office (EDH-2). This general use zoning district does not permit the development of residential land uses. d. Township: Hillsborough. e. Future Land Use Map (FLUM) Designation: Economic Development and Rural Residential. STAFF COMMENT: Staff is presenting an item at the October 4, 2017 Planning Board meeting recommending changing the FLUM designation for several parcels associated with the project, specifically 249 those contained within District 3, from Rural Residential to Economic Development Transition Activity Node. This land use category is not consistent with the anticipated uses proposed for District 3 as detailed within the submitted application. f. Growth Management System Designation: Urban and Rural. For more information please refer to the Growth Management Systems map contained in Attachment 3. g. Existing Conditions/Physical Features: Varying topography with significant wooded areas and water features (i.e. ponds, streams, and floodplain). Several of the subject parcels are developed for use in support of residential dwelling units. If the rezoning petition is approved, these existing structures/uses would be eliminated. For more information on existing land uses please refer to the application narrative contained in Attachment 1. h. Roads: Vehicular access to subject parcels would be off of Old NC Highway 86. i. Water and Sewer: The applicant is proposing to extend water and/or wastewater service lines, maintained by the Town of Hillsborough, to serve the project. STAFF COMMENT: Extension of aforementioned lines will potentially require modification of existing inter-local agreement(s) allowing for the extension of same. The Town of Hillsborough has previously expressed a concern over serving portions of the development east of Old NC Highway 86 (i.e. Districts 2 and 3). For more information please refer to Attachment 4 of this abstract package. Surrounding Land Uses: a. NORTH: Interstate 40 ; agricultural operation and single-family residential property zoned Economic Development Hillsborough Limited Office (EDH-2) and Rural Residential (R-1) approximately 110 acres in area. b. SOUTH: Undeveloped property ; Single-family residential property zoned Rural Residential (R-1) ranging in size from 2 to 12 acres. c. EAST : Single-family residential and undeveloped property zoned Economic Development Hillsborough Limited Office (EDH-2) ranging in size from 1 to 12 acres ; Interstate 40. d. WEST: Single-family residential and undeveloped property zoned Rural Residential ranging in size from 1 ½ to 50 acres. Conditional Zoning (CZ) Process: The process involves the approval of a rezoning petition and a master development plan allowing for the development of a specific land use(s) on approximately 20 parcels of property. Applications are processed in a legislative manner (i.e. 250 does not require sworn testimony or evidence) and decisions are based on the BOCC’s determination that the project is consistent with the purpose and intent of the Comprehensive Plan. Development Process, Schedule, and Action: The typical cadence for the review of a CZ application is: • First Action – Planning staff schedules a Neighborhood Information Meeting (NIM). Staff Comment – DONE. This meeting was held on September 14, 2017. A synopsis of comments from this meeting is contained within Attachment 5. • Second Action – The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. Staff Comment – The Planning Board is scheduled to review the application at its October 4, 2017 regular meeting. • Third Action – The BOCC receives the Planning Board recommendation and makes a decision at a previously advertised public hearing. Staff Comment – Staff anticipates the BOCC receiving this item at its quarterly public hearing scheduled to occur in November of 2017. Per Section 2.9.2 (F) (3) of the UDO, mutually agreed upon conditions can be imposed as part this process only if they address: 1. The compatibility of the proposed development with surrounding property, 2. Proposed support facilities (i.e. roadways and access points, parking, pedestrian and vehicular circulation systems, screening and buffer areas, etc.) and/or 3. All other matters the County may find appropriate or the petitioner may propose. If approved, the Zoning Atlas will be amended and the zoning designation of the property shall be changed to MPD-CZ Settlers Point. Development of the 272 acres of property would have to be consistent with the approved development proposal and all conditions imposed as part of the zoning atlas amendment process. It should be noted this change will not exempt the property from complying with applicable overlay district standards. Development of the property, specifically allowable land uses, will be in accordance with the newly created zoning district in accordance with the approved master plan and any imposed conditions. Development of the various parcel(s) shall only be permitted through the review and approval of site plan application(s) in accordance within Section 2.5 of the UDO. This is so staff can verify all imposed conditions are adhered to and allow for final peer review by members of the Development Advisory Committee (DAC) as detailed within Section 1.9 of the UDO. Proposal: The project involves the creation of three development districts, further broken down as follows: 1. District 1 Light Industrial/Manufacturing and Research – The district is located west of Old NC 86 accessed via Service Road and south of Interstate 40 intended to provide for light industrial/manufacturing and research operations. 251 The District is approximately 148 acres in area involving 2 parcels of property (PINs 9863-71-8857 and 9863-91-6573) and is depicted within the submitted application narrative as follows: 2. District 2 Commercial – The district is located within the central most portion of the property, along Interstate 40 intended to provide for high intensity office uses, retail, and services. The District is approximately 47 acres in area involving 8 parcels of property (PINs 9873-11-4636, 9873-11-5415, 9873-11-7506, 9873-11-9450, 9873-11-7247, 9873-10- 7937, 9873-20-2388, and 9873-10-4310) and is depicted within the submitted application narrative as follows: 3. District 3 Residential: Continuing Care – The district is broken down into 2 anticipated development areas, namely: 252 a. The Multi-Family District: Located within the southern portion of the project along Old NC 86, and Gladys Lane intended to provide for low to moderate intensity office uses as well as multi-family residential uses with a maximum allowable density of 10 units per acre. b. Single Family District: Located within the southeastern most portion of the project along Old NC 86 and north of Destiny Drive, intended to provide for single family residential (continuing care) uses. As currently proposed, development would be limited to continuing care/assisted living facilities and single-family housing for the elderly. The District is approximately 76 acres in area involving 10 parcels of property (PINs 9873-10-4230, 9873-10-8103, 9872-19-6844, 9872-19-3549, 9872-19-8336, 9872-29- 2222, 9872-29-8289, 9872-28-6779, 9872-18-7626, and 9872-09-8324) and is depicted within the submitted application narrative as follows: STAFF COMMENT: Land comprising District(s) 1 and 2 are located within an Economic Development Transition Land Use Category allowing for the submittal of the MPD-CZ application. Land area comprising District 3 is currently located within the Rural Residential Land Use Category as depicted on the Future Land Use Map (FLUM) and defined within the Comprehensive Plan. This category does not permit the submittal of an MPD-CZ application. As previously indicated herein staff is proposing changing the FLUM designation for the parcels in District 3 to the Economic Development Transition Land Use Category thereby allowing for the processing of a MPD-CZ request. If the FLUM amendment is approved, the review of this application can proceed with respect to the development f District 3 as detailed within the submittal. The recommended FLUM designation, however, is not intended to allow for the development of residential land uses. 253 Access: Access to each district is intended to be as follows: • District 1: via an existing roadway off of Old NC Highway 86, specifically Service Road, and • District(s) 2 and 3: via new roadway accessing Old NC Highway 86. An internal road network system, constructed to NC Department of Transportation public road standards, will provide internal access within all Districts. The applicant is also proposing pedestrian paths/walkways allowing access in between the aforementioned districts. The submitted Transportation Impact Analysis (TIA) identifies internal and external roadway improvements that will be required as different Districts are developed. This includes the signalization of existing and proposed intersections. STAFF COMMENT: Both Planning and NC Department of Transportation (NC DOT) staff have reviewed the proposal and are satisfied with the proposed road layouts. Staff is recommending the imposition of a condition requiring the extension of Service Road through District 1 to serve as an access point for adjacent land area to the west. Extension of the right-of-way to serve adjacent properties in District(s) 2 and 3 is not viable given property layouts, topography, and the presence of streams. In consultation with the applicant and representatives of NC DOT, staff is recommending a condition be placed on the project requiring a full TIA be completed for all site plan application(s). This is to ensure required internal and/or external improvements to transportation systems are developed at the appropriate phase of development. Accommodation(s) for public transit stops will be made concurrent with the final site plan review process for each individual development proposal within the project. In discussing the project with Mr. Jason Shepard of the Orange County Emergency Services Department, he has requested a condition be placed on the project that final roadway layout, including widths and access points, be approved by the Fire Marshal’s office as part of the final site plan review process. Planning staff concurs with the recommended condition. Utilities: The project is proposed to be served by public water and sewer systems provided by the Town of Hillsborough. Orange County is currently working with the Town to install a new sewer line under Interstate 40, which could serve District 1. This work is consistent with an inter-local utility agreement, specific to service the area comprising District 1, currently being negotiated between Orange County and the Town of Hillsborough. The Town of Hillsborough has previously expressed concern over the potential extension of utility service(s) to District(s) 2 and 3 as defined within the application. STAFF COMMENT: Staff recommends the imposition of the following condition(s) associated with utility development: • Approval of the Setters Point MPD-CZ application does not constitute a guarantee utility services shall be provided and/or extended to serve the project. 254 • Development(s) within the project shall only be served by public water and sewer services as provided and maintained by the Town of Hillsborough. • Utilities shall not be extended to serve District(s) 2 or 3 until applicable inter-local utility agreement(s) are amended authorizing same. The applicant assumes responsibility for submitting a formal request to amend the aforementioned agreement(s) allowing for the extension of services. • Connection to public water and sewer shall comply with applicable Town of Hillsborough standards. The applicant assumes the responsibility for obtaining all authorizations allowing for same. • Extension of water/sewer lines within a District shall comply with applicable Town of Hillsborough standards. The applicant assumes the responsibility for obtaining all authorizations allowing for same. • Final location of fire hydrants shall be reviewed and approved by the Town of Hillsborough and the County Fire Marshal prior to the issuance of any permit authorizing land disturbing activities. Stormwater Drainage: The applicant has indicated the project will abide by existing stormwater regulations as detailed in Section 6.14 of the UDO. Erosion Control: The applicant has indicated the project will abide by existing erosion control regulations as detailed in Section 6.15 of the UDO. Land Use Buffers: The applicant is proposing the following: • A 100 ft. undisturbed buffer for District 1 separating the project from residentially zoned properties to the west and south. STAFF COMMENT: The proposed 100 ft. buffer is consistent with existing standards as contained in Section 6.8.12 of the UDO. • A 50 ft. undisturbed buffer for District 3 separating the project from properties to the south. STAFF COMMENT: Staff has requested a 100 ft. buffer along the southern portion of District 3. The applicant has indicated they will respond at the Planning Board meeting. • The applicant is requesting a reduction in the required land use buffer along Old NC Highway 86 from 100 ft., as required under Section 6.8.12 (C) (4) of the UDO, to 25 ft. for District(s) 2 and 3. As part of this request, the applicant is proposing the following condition(s): o Structures erected in District(s) 2 and 3 shall observe a 75 ft. setback from Old NC Highway 86. STAFF COMMENT: Staff is concerned about the requested reduction given additional requests, including the ability to thin existing vegetation up to 60% of required buffer area(s). If thinning of required buffers is approved, staff would recommend a minimum 50 ft. buffer be maintained along Old NC Highway 86. Further staff recommends the adoption of the required condition of a 75 ft. setback from Old NC Highway 86 for the project. 255 • The applicant is requesting authorization to thin existing vegetation along Old NC Highway 86 and Interstate 40 within District(s) 2 and 3 to create visual breaks in approximately 60% of the required buffer area. As part of this request, the applicant is proposing the following condition(s): o These areas shall only be utilized to develop stormwater retention ponds. o There shall be no permanent structure erected intended to provide a service consistent with the project (i.e. a commercial business). Structures acceptable for development within this cleared area shall be those intended to support stormwater retention operations (i.e. pump houses) or utility structures, o Disturbed vegetation will be replaced with indigenous, drought resistant vegetation that will achieve a height of six (6) feet within five (5) years. STAFF COMMENT: This is the minimum height that has to be achieved within the identified timeframe and does not constitute an overall height limitation on said vegetation. o Within the remaining area, the developer will ‘hand clear’ any existing vegetation of nuisance, scrub, or dead foliage so long as a minimum of fifty-four (54) trees per acre is maintained at all times. STAFF COMMENT: Section 6.6.5 (A) (5) of the UDO reads as follows: Non-residential uses within Transition Areas, as designated by the Comprehensive Plan, may provide one break in the required buffer (i.e. the Major Transportation Corridor (MTC) buffer) per lot adjacent to the interstate right-of-way in order to provide an on-site commercial sign and/or building visibility. The break shall constitute no more than 50% of the interstate highway frontage. Staff recommends the 50% visual break limit be observed as detailed within the UDO for thinning activities along Old NC Highway 86 and Interstate 40. • The applicant is requesting a modification of the Major Transportation Corridor (MTC) Overlay District for the project, specifically reducing the required 100 ft. buffer to 50 ft. in District(s) 2 and 3. As part of this request, the applicant is proposing the following condition(s): o The applicant is required to submit a detailed buffer plan denoting the cross section of the buffer area and I-40 area to be impacted. o Reduction of the MTC buffer shall only be allowed in those instances where the applicant can demonstrate sight lines from the interstate shall not be adversely impacted by the clearing of the MTC buffer. o Only 50 ft. of the required MTC buffer shall be disturbed. o Clearing of the MTC buffer shall only be allowed when necessary to facilitate development of access roads, parking lots, walkways, and stormwater facilities. o Where clearing occurs, the buffer shall be re-established to the specifications of a Type C Land Use Buffer as detailed in Section 6.8.7 of the UDO. o Buffer area shall be replanted to a minimum 50% of the disturbed buffer width except in those instances where utility services (i.e. power lines, stormwater facilities, water/sewer lines, etc.) prevent same. 256 STAFF COMMENT: As a general reminder per Section 4.7.2 of the UDO, the MTC Overlay District extends along all Interstate Highways within the County. In those instances where there is an interchange, the District extends 2,500 ft. on each side of the intersecting roadway. In this specific instance the MTC Overlay District extends along Old NC Highway 86 from the Interstate 40 interchange for 2,500.ft (approximately half a mile). Staff is supportive the proposed condition(s), which will require re- establishment of cleared vegetation along identified roadways. Solid Waste: The applicant has indicated development within the project shall abide by the Orange County Solid Waste Management Ordinance. Analysis: As required under Section 2.9.2 (E) of the UDO, the Planning Director is required to: ‘cause an analysis to be made of the application’ and pass that analysis on to the reviewing body. In analyzing this request, the Planning Director offers the following: 1. The application has been deemed complete in accordance with the submittal requirements of Section 2.9.2 (C) of the UDO. 2. The proposal appears consistent with the various goals outlined within the Comprehensive Plan concerning development, including: a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County’s population and economy consistent with other Comprehensive Plan element goals and objectives. b. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. c. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. 3. The applicant has provided a basic environmental assessment as part of this submittal. Staff has reviewed and determined there ought to be no significant environmental impact from this project based on existing conditions. Staff is recommending the imposition of a condition as part of the approval of this project that a formal environmental impact statement (EIS) be prepared for all site plan submittals as detailed in Section 6.16 of the UDO. 4. Within District 3 the applicant is proposing a density of approximately 10 units per acre. Current zoning would only allow 1 dwelling unit per acre. Please note the recommended FLUM category for the properties comprising District 3, as well as the general use zoning designation of same, do not support the development of the proposed residential land uses. 5. Staff has determined that the proposed development is consistent with existing and anticipated development within the area and the various land uses associated with the project are compatible. 257 6. The applicant has proposed to allow for the development of a School elementary, secondary, and high school land use as a permitted use of property within the project. Section 5.2.2 Table of Permitted Uses Economic Development Districts would allow for a School elementary, secondary, and high school land use to be developed within: a. Economic Development Buckhorn Low and High Intensity (EDB-1 and EDB-2) with the review and approval of Class A Special Use Permit, and b. Economic Development Eno Low Intensity (EDE-1) as a permitted use (i.e. subject to staff review and approval of a site plan application only). Currently a School elementary, secondary, and high school land uses are not a permitted within the various Economic Development Hillsborough general use zoning districts (i.e. EDH-1, EDH-2, EDH-3, EDH-4, and EDH-5). While there is concern about allowing the aforementioned land use within this area, staff recommends a condition be imposed indicating that such a development shall abide by the development standards detailed within Section 5.8.4 of the UDO and obtain approval of a Class A Special Use Permit application prior to the commencement of earth disturbing activity. Neighborhood Information Meeting: A neighborhood information meeting for the project was held on September 14, 2017 in accordance with Section 2.9.2 (D) of the UDO. A synopsis of concerns can be found within Attachment 5. Notification Requirements: Per Sections 2.9.2 of the UDO, staff has caused a notice of this hearing to be published: ‘as least twice in a newspaper of public circulation in the County’ for two (2) successive weeks: ‘ no less than ten (10) days nor more than twenty-five (25) days’ before the public hearing. The legal ad was published accordingly. On September 18, 2017 staff sent written notice by certified mail to all adjacent property owners located within 500 feet of the subject property as required by Section 2.8.7 of the UDO. On September 22, 2017 staff posted a sign(s) on the properties subject to the application providing notice of the date, time, and location of the Planning Board meeting. Attachment 8 contains the Notification and Certification of mailing. Planning Director’s Recommendation: The Planning Director recommends approval of the: 1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable and in the public interest as contained in Attachment 6, STAFF COMMENT: This presumes the land use designation of the property contained within District 3 is changed from Rural Residential to Economic Development Transition Activity Node as detailed herein. This will allow the project to proceed as a MPD-CZ project. If the aforementioned FLUM is not approved, our recommendation will have to be modified accordingly. 2. Ordinance amending the Zoning Atlas, as well as imposing development conditions, for the identified parcels as contained in Attachment 7. 258 FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined that the approval or denial of the request would not create the need for additional funding for the provision of County services. Costs associated with advertising, including the public hearing notice and mailings, were paid by the applicant in accordance with the adopted Orange County Fee Schedule. RECOMMENDATION: The Planning Director recommends the Board: 1. Receive the rezoning application, 2. Deliberate on the proposal as desired, 3. Consider the Planning Director’s recommendation, and 4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 6) and the proposed ordinance (Attachment 7) in time for the November 2017 Quarterly Public Hearing. 259 260 261 262 263 PI N OW N E R 1 _ L A S T OW N E R 1 _ F I R S T AD D R E S S 1 AD D R E S S 2 CI T Y ST A T E Z I P C O D E S I Z E L E G A L _ D E S C DEEDREF 98 7 3 4 0 2 5 4 8 W O O D S E D G E P R O P E R T I E S LL C 45 2 2 L I T T L E R I V E R C H R D HU R D L E M I L L S N C 2 7 5 4 1 5 0 W O O D S E D G E P 5 6 / 1 1 1852/224 98 7 3 3 2 0 2 8 7 U N I V E R S I T Y O F N O R T H C A R O L I N A HO S P I T A L S A T C H A P E L H I L L #3 1 9 10 1 M A N N I N G D R M E D SC H O O L C B 7 6 0 0 CH A P E L H I L L N C 2 7 5 1 4 5 7 . 7 2 2 R E V U N C H O S P I T A L S P 1 0 8 / 1 5 0 - 1 5 1 4 8 3 2 / 3 0 1 98 7 3 1 1 6 1 3 7 B A R L O W R A N T B J R 33 1 5 O L D N C 8 6 HI L L S B O R O U G H N C 2 7 2 7 8 1 2 4 H O F L E R 98 7 3 1 1 1 7 7 7 S C A R L E T T LO U I S E J 32 0 9 O L D C H H I L L S B O R O U G H RD HI L L S B O R O U G H N C 2 7 2 7 8 1 T R 3 S T A T E O F N C W / S S R 1 0 0 9 5089/206 98 7 3 1 1 0 7 3 9 S C A R L E T T LO U I S E J 32 0 9 O L D C H H I L L S B O R O U G H RD HI L L S B O R O U G H N C 2 7 2 7 8 0 . 2 9 T R 2 S T A T E O F N C W / O S R 1 0 0 9 5089/206 98 7 3 1 1 0 6 8 6 S C A R L E T T LO U I S E J 32 0 9 O L D C H H I L L S B O R O U G H RD HI L L S B O R O U G H N C 2 7 2 7 8 1 . 0 4 W / O S R 1 0 0 9 5089/206 98 7 3 1 0 7 6 0 8 F O N T E N E L L E BA R B A R A 11 6 O L L I E D R BE L L E C H A S S E L A 7 0 0 3 7 4 1 3 4 5 . 2 1 8 - 2 0 T P H O F L E R 226/164 98 7 3 1 0 0 4 0 8 W A L K E R RO W D Y B 18 7 7 F L Y I N G W T R L Hi l l s b o r o u g h N C 2 7 2 7 8 3 . 3 3 1 - 2 T P H O F L E R P R O P W / S O L D H W Y 8 6 5 1 5 5 / 2 8 6 98 7 3 0 4 5 1 6 6 O L D 8 6 C O M M O N S LL C PO B O X 1 0 8 3 HI L L S B O R O U G H N C 2 7 2 7 8 6 . 3 6 W / S O L D H W Y 8 6 2047/58 98 7 3 0 3 8 4 3 3 S L F I I N C W A T E R S T O N E LL C SU I T E 1 7 5 0 59 4 9 S H E R R Y L A N E D A L L A S TX 7 5 2 2 5 1 . 7 W / S O L D N C 8 6 3809/177 98 7 3 0 1 9 0 0 0 B A R L O W RA N T B J R 33 1 5 O L D N C 8 6 HI L L S B O R O U G H N C 2 7 2 7 8 2 . 0 8 2 R I L E Y & B A R L O W P 4 0 / 1 4 6 98 7 3 0 1 8 3 8 2 B E R R Y VI C K I E R 18 1 0 A D A M S P L A C E HI L L S B O R O U G H N C 2 7 2 7 8 9 5 1 3 7 . 1 6 # 1 R I L E Y & B A R L O W P 4 0 / 1 4 6 714/144 98 7 3 0 1 7 8 2 0 S C A R L E T T E LO U I S E J 32 0 9 O L D C H H I L L S B O R O U G H RD HI L L S B O R O U G H N C 2 7 2 7 8 0 . 4 6 T R 1 S T A T E O F N C W / O S R 1 0 0 9 5089/206 98 7 3 0 1 7 6 5 7 S C A R L E T T LO U I S E B 32 0 9 O L D C H H I L L B O R O U G H RD HI L L S B O R O U G H N C 2 7 2 7 8 1 . 6 3 W / O S R 1 0 0 9 5089/206 98 7 3 0 1 4 0 3 1 B A R L O W RA N T B J R 33 1 5 O L D N C 8 6 HI L L S B O R O U G H N C 2 7 2 7 8 1 2 . 4 6 W / O S R 1 0 0 9 A K A O L D 8 6 98 7 3 0 0 9 8 6 7 D A V I S JU A N I T A C 33 1 9 O L D N C H W Y 8 6 Hi l l s b o r o u g h N C 2 7 2 7 8 3 . 2 6 M A J P / O 5 & 6 H O F L E R 5850/389 98 7 3 0 0 8 3 4 5 S H O R E JO S E P H S 35 0 1 O L D N C 8 6 HI L L S B O R O U G H N C 2 7 2 7 8 2 . 8 4 1 L A R R Y C A R R O L L J R P 4 8 / 3 6165/29 98 7 3 0 0 7 1 8 9 B O X T E R JO H N J R 34 2 3 O L D N C 8 6 HI L L S B O R O U G H N C 2 7 2 7 8 1 . 4 1 2 L A R R Y C A R R O L L J R P 4 8 / 3 6119/152 98 7 3 0 0 6 6 7 8 B E S T VI V I A N 40 1 8 W R E N N R D DU R H A M N C 2 7 7 0 5 1 # 1 V I V I E N D O D S O N & V I V I A N D B E S T P 5 2 / 1 9 2 7 9 3 / 4 7 9 98 7 2 4 9 1 0 5 0 J O R D A N KA R E N S 16 2 2 S C A R L E T T M O U N T A I N R D HI L L S B O R O U G H N C 2 7 2 7 8 7 . 8 7 P / O # 1 C A L V I N S C A R L E T T C H T P P 2 8 / 6 4 3 5 9 / 1 6 9 98 7 2 4 8 3 6 9 3 E A D S DE R R I C K B 16 0 8 S C A R L E T T M O U N T A I N R D HI L L S B O R O U G H N C 2 7 2 7 8 7 . 1 8 P / O # 2 C A L V I N S C A R L E T T P 2 8 / 6 4 4327/310 98 7 2 3 9 8 5 8 2 W O O D S E D G E P R O P E R T I E S LL C 45 2 2 L I T T L E R I V E R C H R D HU R D L E M I L L S N C 2 7 5 4 1 4 8 . 7 7 T H E W O O D S P 5 6 / 1 1 1852/224 98 7 2 3 8 9 2 9 8 S C A R L E T T CA L V I N R 16 0 0 E S C A R L E T T M T R D HI L L S B O R O U G H N C 2 7 2 7 8 6 . 5 4 P / O # 3 C A L V I N S C A R L E T T P R O P C H T P P 2 8 / 6 4 2 8 3 / 1 7 7 7 98 7 2 3 8 4 3 1 1 R E A L A N D C O M I N C nu l l PO B O X 5 2 3 2 8 DU R H A M N C 2 7 7 1 7 1 . 3 8 3 S S C A R L E T T P R O P E R T Y P 1 1 4 / 1 6 4 6009/574 98 7 2 3 8 3 6 7 3 E A D S DE R R I C K B 16 0 8 S C A R L E T T M O U N T A I N R D HI L L S B O R O U G H N C 2 7 2 7 8 0 . 7 4 2 S S C A R L E T T P R O P E R T Y P 1 1 4 / 1 6 4 4327/310 98 7 2 3 7 2 8 6 3 S C A R L E T T GE R A L D E 41 6 W S C A R L E T T M O U N T A I N RD HI L L S B O R O U G H N C 2 7 2 7 8 8 3 1 8 1 2 . 3 8 # 2 P E T E R M E T Z N E R P 5 5 / 2 6 3561/462 98 7 2 2 8 6 3 6 0 R E A L A N D C O M I N C nu l l PO B O X 5 2 3 2 8 DU R H A M N C 2 7 7 1 7 2 8 . 2 A - R E V R E C S C A R L E T T P R O P P 1 1 6 / 8 5 6009/572 98 7 2 2 7 4 6 9 3 S C A R L E T T GE R A L D E 41 6 W E S T S C A R L E T T M T N R D HI L L S B O R O U G H N C 2 7 2 7 8 8 3 1 8 1 3 . 8 E / O S R 1 0 0 9 P 3 9 / 1 1 0 1287/398 98 7 2 1 9 1 9 6 1 D U K E JE A N I N E L 46 0 6 P A C E S F E R R Y D R DU R H A M N C 2 7 7 1 2 1 . 2 2 # 1 N A N C Y J U S T I C E E T A L P 5 8 / 1 6 2603/69 98 7 2 1 8 8 3 2 9 J E R N I G A N JO E L 33 3 3 C H A P E L H I L L B L V D DU R H A M N C 2 7 7 0 7 3 . 4 4 1 S - R E V R E C S C A R L E T T P R O P P 1 1 6 / 8 5 6228/276 98 7 2 1 8 3 0 7 2 J E R N I G A N JO E L 33 3 3 C H A P E L H I L L B L V D S T E C DU R H A M N C 2 7 7 0 7 1 5 . 6 5 10 2 R A N D A L L J & C H A R L E N E W H A M L E T T A N D JO E L & V I C K I E R J E R N I G A N P 1 1 5 / 1 7 1 6128/63 98 7 2 0 9 5 9 4 5 L E E LA R R Y B 35 0 3 O L D N C 8 6 HI L L S B O R O U G H N C 2 7 2 7 8 2 #2 B H A R V E Y C L A R K H R S C L E T U S C L A R K S U B D I V NW / S S R 1 0 0 9 1910/361 98 7 2 0 8 7 5 7 0 H A M L E T T CH A R L E N E W 33 3 3 C H A P E L H I L L B L V D S T E C DU R H A M N C 2 7 7 0 7 1 9 . 1 10 1 R A N D A L L J & C H A R L E N E W H A M L E T T A N D JO E L & V I C K I E R J E R N I G A N P 1 1 5 / 1 7 1 6128/61 98 7 2 0 8 0 8 9 2 C L A R K CL E T U S L 14 1 2 A L B E R T D R MI T C H E L L V I L L E M D 2 0 7 1 6 1 3 1 3 A C # 4 H A R V E Y C L A R K H R S C H T P P 3 0 / 1 4 2 3 3 3 / 1 9 98 7 2 0 8 0 3 7 3 C O N N E R Y MA R C A N D R E W 38 2 0 O L D N C 8 6 HI L L S B O R O U G H N C 2 7 2 7 8 4 . 7 2 # 1 M A R C A & S H A R O N C O N N E R Y P 4 3 / 1 8 6 5 4 1 / 2 6 4 98 7 2 0 7 3 4 4 5 M E L C H I O N E CH E R I 18 1 8 M A R T I N L U T H E R K I N G BL V D CH A P E L H I L L N C 2 7 5 1 4 3 8 E / S 1 0 0 9 O L D 8 6 6143/393 98 7 1 7 6 6 1 3 9 D E P A R T M E N T O F TR A N S P O R T A T I O N P O B O X 1 5 5 8 0 DU R H A M N C 2 7 7 0 4 5 6 3 . 8 3 I - 4 0 R / W I - 8 5 691/559 98 6 3 9 3 6 8 4 3 A D D I S O N SA L L Y A PO B O X 7 2 7 HI L L S B O R O U G H N C 2 7 2 7 8 1 1 2 . 8 N / S R I P P Y L N 6024/200 98 6 3 9 0 0 5 6 5 G W I N SU M M E R S M Y R A E 1 0 3 G R A P E V I N E L N HI L L S B O R O U G H N C 2 7 2 7 8 3 . 8 7 3 R E V G W I N - S U M M E R S P 1 0 3 / 1 7 2 2588/86 98 6 3 8 2 7 9 6 0 A D D I S O N W A L L E N PO B O X 7 2 7 HI L L S B O R O U G H N C 2 7 2 7 8 0 7 2 7 2 . 7 N / O I - 4 0 6024/200 98 6 3 8 0 9 5 2 3 G W I N SU M M E R S M Y R A E 1 0 3 G R A P E V I N E L N HI L L S B O R O U G H N C 2 7 2 7 8 3 . 1 1 2 R E V G W I N - S U M M E R S P 1 0 3 / 1 7 2 2588/86 98 6 3 8 0 5 3 2 4 D A V I S DI A N N E H 31 9 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 8 . 0 1 N / O S R 1 1 2 9 98 6 3 8 0 2 3 7 1 B A R N E T T AN G E L A D E N I S E D A V I S 5 4 9 D I X O N R D WI L L O W S P R I N G N C 2 7 5 9 2 1 0 . 0 1 # C I S A B E T H W D A V I S P 9 4 / 9 8 3548/480 98 6 3 7 0 9 3 0 4 M U N O Z MI G U E L G 42 5 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 9 3 3 0 1 0 . 0 1 B I S A B E T H W D A V I S P 9 4 / 9 8 4966/522 98 6 3 7 0 5 0 4 9 D A V I S IS A B E T H W 31 9 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 8 3 9 5 1 6 . 4 4 # A I S A B E T H W D A V I S P 9 4 / 9 8 98 6 3 7 0 0 1 1 0 D A V I S IS A B E T H W 31 9 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 8 3 9 5 1 0 . 6 7 3 # 1 A D A V I S P R O P P 4 3 / 1 4 5 N / S S R 1 1 2 9 2 6 4 98 6 3 6 3 2 9 9 4 D U C L A Y VE R O N I C A 32 G R E E N H I L L S R D HU N T I N G T O N ST A T I O N N Y 1 1 7 4 6 2 0 W / S I - 4 0 R / W 5280/512 98 6 3 6 1 5 5 2 5 L I N E B E R R Y JO S E P H L L O Y D J R 3 1 0 6 W I L S H I R E D R GR E E N S B O R O N C 2 7 4 0 8 3 0 1 3 2 5 E / O S R 1 1 3 0 98 6 3 6 0 7 3 7 4 T A P P FR E D E R I C K L 40 3 0 L E G A T O L N EF L A N D NC 2 7 2 4 3 8 . 0 8 6 D A V I S F A R M P 9 2 / 1 1 3 5960/420 98 6 3 6 0 4 4 1 7 G I L L I S JO E L K 63 2 1 A N G U S D R RA L E I G H N C 2 7 6 1 7 7 . 3 7 5 D A V I S F A R M P 9 2 / 1 1 3 5960/427 98 6 3 5 3 9 0 5 9 G A R L A N D FR A N K L I N E 30 2 0 O D E T U R N E R R D HI L L S B O R O U G H N C 2 7 2 7 8 9 6 3 1 5 7 . 0 6 # A 2 & T R R E C F R A N K L I N G A R L A N D P 7 6 / 9 0 1 4 8 5 / 3 5 5 98 6 3 5 2 6 0 7 2 G A R L A N D JA M E S 27 1 1 O D E T U R N E R R D HI L L S B O R O U G H N C 2 7 2 7 8 7 6 3 1 5 6 . 2 2 # B 3 & T R R E C F R A N K L I N G A R L A N D P 7 6 / 9 0 1 4 8 5 / 3 5 8 98 6 3 5 0 3 8 6 2 H A L L KA R E N F A I T H T U R N E R 1 1 0 1 S A M T U C K E R L A N E HI L L S B O R O U G H N C 2 7 2 7 8 1 0 . 3 9 # 1 K A R E N H A L L P 9 6 / 8 8 98 6 2 9 9 9 5 9 6 C L A R K MA T T H E W E T A L 45 0 3 B U M P H U S R D CH A P E L H I L L N C 2 7 5 1 4 0 . 2 5 TR B H I L L S B O R O U G H U N I T E D C H U R C H O F CH R I S T P 5 5 / 7 4 318/263 98 6 2 9 9 8 8 9 4 C L A R K CL E T U S 14 1 2 A L B E R T D R MI T C H E L L V I L L E M D 2 0 7 1 6 1 3 . 4 3 3 # 2 H A R V E Y C L A R K H R S C L E T U S C L A R K S U B D I V 4 5 1 / 1 5 7 98 6 2 9 9 7 3 2 0 H I L L S B O R O U G H U N I T E D C H U R C H O F C H R I S T 20 0 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 1 5 . 6 5 TR A H I L L S B O R O U G H U N I T E D C H U R C H O F CH R I S T P 5 5 / 7 4 4724/54 98 6 2 9 9 2 8 3 7 B A R L O W DA V I D M 22 3 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 7 3 1 7 2 # 2 A H A R V E Y C L A R K H R S P 4 9 / 1 4 9 N / S S R 1 1 2 9 9 8 7 / 3 4 2 98 6 2 9 9 1 8 4 9 G W I N SU M M E R S M Y R A E 1 0 3 G R A P E V I N E L N HI L L S B O R O U G H N C 2 7 2 7 8 2 . 6 4 A R E V G W I N - S U M M E R S P 1 0 3 / 1 7 2 2588/86 98 6 2 9 9 0 4 4 3 S C O T T RO Y V E R N O N 30 2 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 2 D A V I S O C 1 1 2 9 469/45 98 6 2 9 8 8 1 9 2 C O N N E R Y MA R C A N D R E W 38 2 0 O L D N C 8 6 HI L L S B O R O U G H N C 2 7 2 7 8 3 . 8 7 # 2 M A R C A & S H A R O N C O N N E R Y P 4 3 / 1 8 6 5 4 1 / 2 6 4 98 6 2 9 8 4 8 2 3 C L A R K MA T T H E W E T A L 45 0 3 B U M P H U S R D CH A P E L H I L L N C 2 7 5 1 4 1 . 7 3 W / S S R 1 0 0 9 ( O L D 8 6 ) 318/263 98 6 2 8 9 9 8 6 8 G W I N S U M M E R S MY R A E 10 3 G R A P E V I N E L N Hi l l s b o r o u g h N C 2 7 2 7 8 2 . 9 1 1 R E V G W I N - S U M M E R S P 1 0 3 / 1 7 2 5455/571 98 6 2 8 9 8 4 3 5 A U S T I N WI L L I A M N E A L J R 2 8 0 3 L I T T L E R I V E R D R I V E HI L L S B O R O U G H N C 2 7 2 7 8 9 7 2 0 2 . 3 3 S / S D A V I S R D P 8 1 / 1 0 4 1783/400 98 6 2 8 9 6 9 2 7 D A V I S DI A N N E H 31 9 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 2 N / S S R 1 1 2 9 98 6 2 8 9 6 4 3 8 H I L T O N MI S T Y C 32 0 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 2 2 N A N C Y D U N N A G A N P 4 4 / 6 7 5952/119 98 6 2 8 9 4 7 3 9 H I L T O N MI S T Y C 32 0 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 1 . 2 9 3 N A N C Y D U N N A G A N P 4 4 / 6 7 5952/119 98 6 2 8 9 4 5 5 3 H I L T O N MI S T Y C 32 0 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 1 . 0 1 S / S S R 1 1 9 2 1 N A N C Y D U N N A G A N 5952/119 98 6 2 8 9 3 6 0 9 D A V I S DI A N N E H 31 9 D A V I S R D HI L L S B O R O U G H N C 2 7 2 7 8 0 . 6 5 D I S A B E T H W D A V I S P 9 4 / 9 8 98 6 2 8 9 1 4 8 0 B U C H A N A N JA M E S G J R 31 3 O A K R I D G E D R HI L L S B O R O U G H N C 2 7 2 7 8 7 3 9 5 3 . 5 3 8 2 # 1 W H I T E O A K P 6 0 / 7 3 1891/123 98 6 2 6 9 8 8 5 1 R O J A S IR W I N O 11 1 L I N N E T R D Hi l l s b o r o u g h N C 2 7 2 7 8 1 . 3 6 3 D A V I S F A R M P 9 2 / 1 1 3 5380/523 98 6 2 6 9 0 9 4 8 W R I G H T RO B B I E D 39 1 4 O D E T U R N E R R D HI L L S B O R O U G H N C 2 7 2 7 8 9 3 7 7 1 5 . 4 3 1 5 . 4 3 A C N / S S R 1 1 3 0 C H T P P 3 0 / 5 307/392 2 6 5 2 6 6 Floodplain Buffer 80ft Stream Buffer 80ft USGS Stream Soils Survey Stream OC Updated Stream Parcels Streets 100 YR Floodplain (Effective 02/02/07) Floodway (Effective 02/02/07) Watershed · 0 950 1,900Feet1 inch = 1,007.615 feet R O S E T T E C T Lower Eno Unprotected Watershed Jordan Lake Unprotected Watershed COLLEGE P A R K RD D A V I S R D FLETCHER RDCOUNTY SEAT DR WATERSTON EDR GR AP E V I N E LN L I N N E T D R T W I S TED CT G L AD Y S L N OLD HERITAGE CT RI P P Y LN I40EENT261 I40 W ENT 261 I40EEXIT 261 OAKRIDGE DR DESTINYDR SERVICERD W S C A RLETT M O U N TAIN R D I40 W O L D N C 8 6 S UMMIT T R A I L DR BRICK HEARTH DR W O O DRIDGE LN A LICE LOOP WATERSTONE PARK CIR GREAT ENO PATH FARGO RD OURSO DRHOOPER CT SWEET GUM DR WINTERPAST LN BONAPARTE DR POINTE PL I 40 W EXIT 261 I 40 E TURNIP PATCH WAY PHOEB Data shown on this map is obtained from Orange County GIS and is for reference only. Exact locations and boundaries should be verified. Map prepared by Orange County Planning & Inspections. 09/21/2017 - mharvey 267 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration (919) 245-2575 (919) 644-3002 (FAX) www.orangecountync.gov 131 W. Margaret Lane Suite 201 P. O. Box 8181 Hillsborough, NC 27278 The Settlers Point project is proposed to be situated on approximately two hundred seventy-two (272) acres of property, south of Interstate 40, specifically: 1. A 90.37 acre tract of land PIN# 9863-71-8857 2. A 58.56 acre tract of land PIN# 9863-91-6573 3. A 1.36 acre tract of land PIN# 9873-11-4636 4. A 1.65 acre tract of land PIN# 9873-11-5415 5. A 0.50 acre tract of land PIN# 9873-11-7506 6. A 1.75 acre tract of land PIN# 9873-11-9450 7. A 1.46 acre tract of land PIN# 9873-11-7247 8. A 4.50 acre tract of land PIN# 9873-10-7937 9. A 34.58 acre tract of land PIN# 9873-20-2388 10. A 2.45 acre tract of land PIN# 9873-10-4310 11. A 4.21 acre tract of land PIN# 9873-10-4230 12. A 3.27 acre tract of land PIN# 9873-10-8103 13. A 3.27 acre tract of land PIN# 9872-19-6844 14. A 10.09 acre tract of land PIN# 9872-19-3549 15. A 10.01 acre tract of land PIN# 9872-19-8336 16. A 10.01 acre tract of land PIN# 9872-29-2222 17. A 10.01 acre tract of land PIN# 9872-29-8289 18. A 4.00 acre tract of land PIN# 9872-28-6779 19. A 10.01 acre tract of land PIN# 9872-18-7626 268 20. A 10.06 acre tract of land PIN# 9872-09-8324 A picture of these various properties involved with the application is depicted below: 269 270 10 Year Transition 20 Year Transition Rural Residential Rural Buffer City Limits ETJ Parcels Streets · 09501,900Feet1 inch = 1,000 feet M A R E E N D R S W EET G U M D R COLLEG E P A R K RD D A V I S RD P H O E B E D R FLETCHER RD B R I C K HE ART HDR PATRIOTPL WATERSTON EDR GRAP E V I N E LN T W I S TED CT G L AD Y S L N OLD HERITAGE CT P O I N T E P L RI P P Y LN I40EENT261 I40 W ENT 261 I40EEXIT 26 1 OAKRIDGE DR DESTINY DR SERVICERD W S C A R LETT M O U N TAIN R D I40 W O L D N C 8 6 S UMMIT T R A I L DR W O ODRID G ELN A LICELOOP E SCARLETT M GREAT ENO PATH BONAPARTE DR FARGO RD VALLIE HI LN KENNESA OURSO DRHOOPER CT WORTH WINTERPAST LN COUNTY SEAT DR NET DR I 40 W EXIT 261 I 40 E WATERSTONE PARK CIR TURNIP PATCH WAY Data shown on this map is obtained from Orange County GIS and is for reference only. Exact locations and boundaries should be verified. Map prepared by Orange County Planning & Inspections. 09/21/2017 - mharvey Parcels outlined in red are subject to the Settlers Point Master Planned Development Conditional Zoning (MPD-CZ) rezoning application 271 ?k ?ª Aæ ?r I§ K© !"c$!"_$ !"c$ !"_$ ?ª Ir Ir KÊ ?r . ?k ?ª Aæ ?r I§ K© !"c$!"_$ !"c$ !"_$ ?ª Ir Ir KÊ ?r Legend Urban Designated Rural Designated Rural Buffer City Limits Extra-Territorial Jurisdiction Chapel Hill/Carrboro Transition(Not part of Growth ManagementSystem) 1 inch = 3 miles 0 1 2 3Miles Urban and Rural Designated AreasGrowth Management System Urban Designated - Property located within Transition Areas as identified in the Land Use Plan. Rural Designated - Property not located in Urban Designated areas Orange County Planning and Inspections DepartmentGIS Map Prepared by Brian Carson.Growth Management System adopted by BOCC 11/5/03Printed 9/20/2017 272 273 274 275 276 277 278 279 280 101 East Orange Street • P. O. Box 429 • Hillsborough, North Carolina 27278 919-732-1270 • Fax 919-644-2390 March 10, 2017 Craig N. Benedict Director, Orange County Planning and Building Inspections P.O. Box 8181 Hillsborough, NC 27278 RE: Courtesy Review Comments – Settlers Point Dear Craig, Thank you for providing an opportunity for the town to comment on the proposed Settlers Point rezoning application. The planning department offers the following comments for your consideration. Despite the lack of support for this particular project, the town does support the pending interlocal agreement to extend utilities into the Hillsborough EDD area. General comments and policy concerns: 1) Application materials are inconsistent. Parcel 3 does not show on all of the exhibits. It is unclear how many dwellings are proposed. The land use map indicates 930, while the tax statement indicates 690 and the traffic study indicates 760. 2) The assemblage is awkward, wrapping around existing developed lots. This will lead to conflicts. 3) The residential portion of this request is located outside the urban services area for the town and would require an amendment to the WASMPBA. 4) Committing water to this new area would take water capacity away from properties already within the boundary. 5) Opening 30 acres of retail up for development while the town is still trying to recruit retail for Daniel Boone and Waterstone will flood the market. The Waterstone properties have the added cost of the Special Assessment District and limited visibility while Daniel Boone has additional redevelopment time and costs. This site will appear easier and take away from these two higher priority sites for the town. 6) For more than 10 years the town has focused its policies and actions on more compact development to follow smart growth principles. The eastern portion of this site is premature and inconsistent with our adopted policies. The light industrial portion is acceptable due to the potential need for large floor plates to accommodate significant non-residential users. Specific comments: 1) The application materials are very general in nature to vest the project with staff level approvals moving forward. This is significantly less information that the town requires in order to vest staff review in a project. As the proposed use table simply shows “x” under uses, it is my understanding that no further board review would be needed if this rezoning is approved. 2) The materials do not include a proposed street network/internal circulation plan. 281 101 East Orange Street • P. O. Box 429 • Hillsborough, North Carolina 27278 919-732-1270 • Fax 919-644-2390 3) Parking standard for industrial is very high, especially if uses end up with significant warehouse space. 4) Elementary, middle, and high schools are listed as a permitted use in the light industrial portion of the site. This is undesirable as schools are a very low density but high traffic impact uses. Allowing more than 10 acres of an economic development district be taken by a non-taxable entity is not desirable. Schools generally do not have spin-off investments to compensate. 5) This site is a poor location for senior housing. True senior housing does not need prime road access but does need supporting retail and activities if the seniors are to be active and engaged. It’s unclear that these uses are proposed for the retail component. This location is better suited to affordable housing to provide easy highway access to employees who may need to travel significant distances to their jobs. 6) Senior housing comes with many regulatory requirements from the state level if services are to be provided, as stated in the narrative. Assisted living and skilled nursing can’t just be built without prior approval and Certificates of Need from the state. I have inquired as to whether any certificates exist for Orange County and the response from the state indicates it is unlikely that Orange County would see approvals for more beds through 2020. If the proposal is really just for an age restricted subdivision, the applicant should be compelled to remove these other services from their narrative as they are unrealistic and build unreasonable expectations in the reviewing board and general public. 7) Any residential development in this area will be isolated from the remainder of Hillsborough. Connectivity among neighborhoods is a high community priority. Isolation and the need for connectivity are currently being discussed in updates to the county Master aging Plan as an important quality of life aspect. Unless widening of South Churton includes sidewalks under I-40 and along the project frontage, it will not be possible for someone living here to safely walk or bike to Waterstone or any other part of town. This type of improvement can only happen with annexation as NCDOT does not allow sidewalk construction without a maintenance agreement. We will be creating another isolated node that will be extremely expensive to retrofit into the town’s ideal of connectedness. 8) The proposed development details and criteria do not align well with the town’s Unified Development Ordinances for setbacks, building heights, and the like. If annexed, the town would likely need to create a new zoning district to accommodate at least portions of this site or the site will be non- conforming. 9) The narrative is very light on development details. Pages are committed to landscaping, signage, and solid waste, but there is no clear mention of any other development standards. The signage requirements are very different from town requirements and will create significant non-conformities if this site is developed under these standards and then annexed. The town is nearing the end of its amortization period for existing freestanding signs and could begin compelling sign replacements in the city in 2 more years. To have the development happening with vastly different standards at the same time will be a public relations nightmare. 10) The driveway spacing is less than optimal. The existing service road is close to the interchange ramps and could be impacted by future widenings. The application doesn’t include any additional frontage to access the western portion of the project or make use of Davis Road. 11) The submittal information gives no indication that there will be any internal connectivity on the east side. Sincerely, Margaret A. Hauth, AICP Planning Director Assistant Town Manager 282 283 284 285 286 287 288 289 290 291 292 293 To: Michael Harvey Current Planning Supervisor From: Alan Clapp Environmental Health Director RE: Settlers Point Mixed Use Development Michael, It is my understanding that this project will be served by the Town of Hillsborough for water and sewer needs, so Environmental Health will not be involved in the infrastructure of the project. However if the project does contain establishments for Food, Lodging, Institutions or Public Swimming pool then permits will be required from Environmental Health at time of construction. Environmental Health would also permit irrigation and geothermal wells if required for the project. Alan Alan Clapp Environmental Health Director Phone: 919.245.2360 / Fax: 919.644.3006 Website: http://www.co.orange.nc.us/envhlth/index.asp Email: aclapp@orangecountync.gov 294 2 9 5 1 Michael Harvey From:Chuck Edwards Contact Sent:Thursday, September 21, 2017 2:40 PM To:Michael Harvey Cc:Jones, DeAngelo J Subject:RE: Setters Point Michael, Some of the mitigation recommendations by our Congestion Management Section are not likely feasible because the Applicant does not control all necessary right of way. Prior to me formally identifying required improvements, I need to explore possible alternates. This will take a little time. I appreciate the need to inform the Planning Board but I want to avoid the risk of misinformation as well. Thank you for your patience. Charles N. Edwards Jr., PE (Chuck) District Engineer N. C. Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedwards@ncdot.gov 115 East Crescent Square Drive P. O. Box 766 Graham, NC 27253 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Michael Harvey [mailto:mharvey@orangecountync.gov] Sent: Thursday, September 21, 2017 8:44 AM To: Edwards, Charles N <cnedwards@ncdot.gov> Cc: Jones, DeAngelo J <djjones1@ncdot.gov> Subject: RE: Setters Point Any way you could share initial comments that I can share with my Planning Board? Michael D. Harvey AICP, CFM, CZO Current Planning Supervisor – Planner III Orange County Planning Department 131 West Margaret Lane PO Box 8181 (919) 245‐2597 (phone) (919) 644‐3002 (fax) 296 2 Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. From: Chuck Edwards Contact Sent: Wednesday, September 20, 2017 5:04 PM To: Michael Harvey Cc: Jones, DeAngelo J Subject: Re: Setters Point Still pending. Current goal is about two weeks. Charles N. Edwards Jr., PE (Chuck) District Engineer N. C. Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedwards@ncdot.gov 115 East Crescent Square Drive P. O. Box 766 Graham, NC 27253 On Sep 20, 2017, at 3:04 PM, Michael Harvey <mharvey@orangecountync.gov> wrote: Can you give me an update on NC DOT’s letter on the TIA for the project? Thanks Michael D. Harvey AICP, CFM, CZO Current Planning Supervisor – Planner III Orange County Planning Department 131 West Margaret Lane PO Box 8181 (919) 245‐2597 (phone) (919) 644‐3002 (fax) Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 297 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Engineering / Erosion Control / Stormwater (919) 245-2575 (919) 644-3002 (FAX) www.orangecountync.gov 131 W. Margaret Lane Suite 201 P. O. Box 8181 Hillsborough, NC 27278 S:\5_Erosion Control and Water Quality\Correspondence\HWF\DAC\SettlersPointMPD-CZ\HWF-OC-E&SC-SM_Memo(SettlersPointMPD- CZ)092117.doc MEMORANDUM TO: Michael Harvey COPY TO: Patrick Mallett FROM: Howard W. Fleming, Jr., PE, Engineering/Stormwater Supervisor DATE: 09/21/17 PROJECT: Settlers Point, DAC Agenda Item 09/07/17 PIN: Multiple (20) – See Outline Below SUBJECT: Master Planned Development Conditional Zoning (MPD-CZ) Application - Comments The Settlers Point project is proposed to be situated on approximately two hundred seventy-two (272) acres of property, south of Interstate 40, specifically: 1. A 90.37 acre tract of land PIN# 9863-71-8857 2. A 58.56 acre tract of land PIN# 9863-91-6573 3. A 1.36 acre tract of land PIN# 9873-11-4636 4. A 1.65 acre tract of land PIN# 9873-11-5415 5. A 0.50 acre tract of land PIN# 9873-11-7506 6. A 1.75 acre tract of land PIN# 9873-11-9450 7. A 1.46 acre tract of land PIN# 9873-11-7247 8. A 4.50 acre tract of land PIN# 9873-10-7937 9. A 34.58 acre tract of land PIN# 9873-20-2388 10. A 2.45 acre tract of land PIN# 9873-10-4310 11. A 4.21 acre tract of land PIN# 9873-10-4230 12. A 3.27 acre tract of land PIN# 9873-10-8103 13. A 3.27 acre tract of land PIN# 9872-19-6844 14. A 10.09 acre tract of land PIN# 9872-19-3549 15. A 10.01 acre tract of land PIN# 9872-19-8336 16. A 10.01 acre tract of land PIN# 9872-29-2222 17. A 10.01 acre tract of land PIN# 9872-29-8289 18. A 4.00 acre tract of land PIN# 9872-28-6779 19. A 10.01 acre tract of land PIN# 9872-18-7626 20. A 10.06 acre tract of land PIN# 9872-09-8324 298 09/21/17 Page 2 of 2 Memo to Current Planning EC/Stormwater Comments – Settlers Point MPCZ S:\5_Erosion Control and Water Quality\Correspondence\HWF\DAC\SettlersPointMPD-CZ\HWF-OC-E&SC-SM_Memo(SettlersPointMPD-CZ)092117.doc EROSION & SEDIMENTATION CONTROL / STORMWATER MANAGEMENT COMMENTS: The project will have to comply with the provisions of Section(s) 6.14 Stormwater Management and 6.15 Soil Erosion and Sedimentation Control of the Orange County Unified Development Ordinance (UDO), as proposed. According to the application, Settlers Point will be a mixed use development project, including light industrial / manufacturing and research, commercial and residential. All parcels, with exception of the most southeasterly boundary of the proposed residential “District 3” parcels, lie within the Lower Eno Protected Watershed. That most southeasterly boundary along West Scarlett Mountain Road flirts with the Jordan Lake Unprotected Watershed. Both of those watersheds have the same land disturbance thresholds, as follows: • 20,000 SF – An Erosion Control Plan is required • A Stormwater Management Plan is required if cumulative proposed disturbed area exceeds… 12,000 SF for multi-family residential development, or a commercial, industrial or institutional facility 21,780 SF for single family or duplex residential development or recreational facility. Having reviewed the subject project, Erosion & Sedimentation Control / Stormwater staff members understand this project must proceed through certain discretionary actions in order to determine functional and economic viability, prior to the developers investing in more detailed design and subsequent jurisdictional submittals for compliance reviews and permits. This being stated, we find no fundamental objections to this project moving forward through this discretionary approval. 299 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration (919) 245-2575 (919) 644-3002 (FAX) www.orangecountync.gov 131 W. Margaret Lane Suite 201 P. O. Box 8181 Hillsborough, NC 27278 MEMORANDUM TO: Jim Parker, Summit Consultants; File FROM: Michael Harvey DATE: September 19, 2017 SUBJECT: Settler’s Point - Summary of Neighborhood Information Meeting (NIM) This memo serves as a summary of the Neighborhood Information Meeting for Settler’s Point and MPD-CZD zoning held on September 14, 2017 from 7:00-9:00pm at the UNC Hospital Hillsborough Campus – Meeting Room HBT 10011. I. MPD-CZD Rezoning and Proposal Overview: The subject area contains approximately two hundred seventy-two (272) acres of property, south of Interstate-40 along Old NC Highway 86. The request includes 20 parcels further defined as follows: Acres PIN 1. 90.37 9863-71-8857 2. 58.56 9863-91-6573 3. 1.36 9873-11-4636 4. 1.65 9873-11-5415 5. 0.50 9873-11-7506 6. 1.75 9873-11-9450 7. 1.46 9873-11-7247 8. 4.50 9873-10-7937 9. 34.58 9873-20-2388 10. 2.45 9873-10-4310 11. 4.21 9873-10-4230 12. 3.27 9873-10-8103 13. 3.27 9872-19-6844 14. 10.09 9872-19-3549 15. 10.01 9872-19-8336 16. 10.01 9872-29-2222 Attachment 5 300 17. 10.01 9872-29-8289 18. 4.00 9872-28-6779 19. 10.01 9872-18-7626 20. 10.06 9872-09-8324 The above properties are currently zoned: • Economic Development Hillsborough Linear Office (EDH-2); • Economic Development Hillsborough Office/Retail (EDH-4); • Economic Development Hillsborough Research and Manufacturing (EDH-5); • Rural Residential (R-1) ; and • Special Flood Hazard Area (SFHA) Overlay District. The MPD-CZD request is broken out into the following 3 Districts that allow for distinct land uses: District 1: +/- 148 acres of Light Industrial Research District 2: +/-47 acres of Commercial/Retail/Service Distrcit3: +/-760 Senior Community and Single-family units II. NIM Meeting Overview: The meeting was attended by Orange County Current Planning Staff, the applicants, consultants, the real estate brokers and approximately 24 nearby residents. As specified in the UDO, the meeting afforded the applicant and area residents to review the project, the rezoning process and potential issues. A. Introduction Michael Harvey, Current Planning Supervisor with Orange County opened the meeting by reviewing the basic zoning requirements as outlined in the UDO, the rezoning and other required development processes, the site features and the major elements of the proposal. The applicants then reviewed the overall vision for the development as well as specific considerations for each of the districts and an illustrative rendering of the development. The meeting was then opened up to questions and answers with residents. B. Topics Discussed The topics of discussion included: 1. Traffic: On-site and off-site improvements, the applicant summarized the findings of the submitted Traffic Impact Analysis (TIA) including a breakdown of existing and planned signalization, walking connections between various Districts and the Waterstone Development within the Town of Hillsborough, phasing of existing and projected future levels of service (LOS) for immediate intersections. Comment(s) received from those in attendance included: a. Attendees indicated the TIA did not provide sufficient detail on the timeline for the installation of required improvements. DEVELOPER COMMENT: The Developer indicated the TIA is an overall guide identifying all required internal and external roadway improvements associated with the project. Each development 301 project will be required to submit a revised TIA documenting any and all required improvements that will have to occur to allow for the development of a specific project. b. Questions were asked about proposed walkways along Old NC Highway 86 connecting this project to Waterstone. DEVELOPER COMMENT: The feasibility of a sidewalk along Old NC Highway 86 was being investigated and would be discussed with the NC Department of Transportation, Orange County, and the Town of Hillsborough at the appropriate time. c. Concerns were expressed over the exacerbation of existing congestion in the area as the result of the proposed development. d. Concerns were expressed that development of the project will cause additional traffic on local side roads by travelers looking to access Hillsborough. e. Attendees supported the signalization of intersection points between Old NC Highway 86 and the Interstate but expressed concern that this would increase congestion in the area overall. 2. Land Uses: The developer reviewed the proposed permitted land uses for the project. Comment(s) received from those in attendance included: a. The application needed a clear definition of the various housing types proposed for District 3 (i.e. what is Assisted Living, Senior Living, etc.) b. Concerns were expressed over the proposed internal walking trails in Districts 2 and 3 as leading to potential public safety hazards for individuals using same. c. More information was requested on what type of hotel was envisioned for District 2. d. What type of retail and restaurants would be developed (i.e. fast food, chain restaurants, would a supermarket be developed in District 2, etc.) 3. Open Space and Buffers: The developer reviewed the proposed open space and buffer program including requested modification(s) to the Major Transportation Corridor (MTC) buffer; proposed perimeter buffers; required stream buffer and floodplain buffers, fences, sidewalks and walking trails. Comment(s) received from those in attendance included: a. Concerns were expressed about the proposed 50 ft. wide buffer separating District 3 from properties to the south. b. There was a general concern removal of trees along the Interstate could increase the noise generated by motor vehicles on same. 4. Phasing: The developer reviewed the likely scenarios for development within each district; road improvements, and provision of water and sewer services. STAFF COMMENT: Staff reviewed the inter-local agreement process currently in place with the Town of Hillsborough and Orange County. Further staff discussed where the anticipated sewer line was being located 302 and reviewed the process by which the developer would have to obtain approval to extend water/sewer services to serve the project. 5. Developer Responsibilities: The development reviewed the project’s current retail commitments, potential end users, conditions of approval, phasing for infrastructure. STAFF COMMENT: Staff reviewed the site plan development review process for the project reminding those in attendance the approval of the MPD-CZ application merely changed the zoning of the property. All development proposals would still have to abide by the County’s formal site plan review process. 6. Hillsborough: Both the developer and County staff reviewed issues associated with potential future annexation, provision of water/sewer services, economic and land use plan modification(s). 7. Adjacent Properties: There was general discussion over the impact the project might have on existing adjacent driveway access points, potential impacts on existing well and septic systems, as well as the potential for later modification of the district to include additional property. C. Conclusion The meeting ended with a summary of the next steps including the Planning Board Meeting in October, and BOCC Quarterly Public Hearing in November. Staff also outlined where to find information on the project via the Orange county website. 303 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has received and processed a petition submitted by Old NC 86 Partners LLC (hereafter ‘the Applicant’) seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO). This petition seeks to rezone 20 parcels totaling approximately 272 acres of property to Master Plan Development Conditional Zoning District (MPD-CZD) for the purpose of developing the Settlers Point mixed use development (hereafter ‘the Project). The properties subject to this rezoning are identified, utilizing Orange County Parcel Identification Numbers (PIN), as: i. A 90.37 acre tract of land PIN# 9863-71-8857 ii. A 58.56 acre tract of land PIN# 9863-91-6573 iii. A 1.36 acre tract of land PIN# 9873-11-4636 iv. A 1.65 acre tract of land PIN# 9873-11-5415 v. A 0.50 acre tract of land PIN# 9873-11-7506 vi. A 1.75 acre tract of land PIN# 9873-11-9450 vii. A 1.46 acre tract of land PIN# 9873-11-7247 viii. A 4.50 acre tract of land PIN# 9873-10-7937 ix. A 34.58 acre tract of land PIN# 9873-20-2388 x. A 2.45 acre tract of land PIN# 9873-10-4310 xi. A 4.21 acre tract of land PIN# 9873-10-4230 xii. A 3.27 acre tract of land PIN# 9873-10-8103 xiii. A 3.27 acre tract of land PIN# 9872-19-6844 xiv. A 10.09 acre tract of land PIN# 9872-19-3549 xv. A 10.01 acre tract of land PIN# 9872-19-8336 xvi. A 10.01 acre tract of land PIN# 9872-29-2222 xvii. A 10.01 acre tract of land PIN# 9872-29-8289 xviii. A 4.00 acre tract of land PIN# 9872-28-6779 xix. A 10.01 acre tract of land PIN# 9872-18-7626 xx. A 10.06 acre tract of land PIN# 9872-09-8324 hereafter ‘the Property’ and, At this time, two overlay districts also apply to portions of the Property subject to this atlas amendment, specifically the Major Transportation Corridor (MTC) and Special Flood Hazard Area (SFHA) Overlay Districts. No modifications are being proposed to the boundaries of these two overlay districts as part of this process. Attachment 6 304 The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan, which is proposed for concurrent amendments. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non-residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) The atlas amendment is consistent with this goal and objective by proposing the rezoning of property to create a mixed-use zoning district, including the development of high density residential and non-residential land uses, in an area of the County designated for the location of adequate supporting infrastructure (i.e. water and sewer). c. The amendment is reasonable and in the public interest because it: 1. Expands economic development prospects within the County while continuing to protect adjacent and nearby land uses. The atlas amendment involves the approval of a master plan establishing a detailed list of allowable residential and non- residential land uses to aid in the marketing on an area designated within the Comprehensive Plan as being suitable for high density residential and non-residential development. Further, the approved master plan establishes mandatory land use buffers and setbacks for development within the project to ensure off-site impacts are mitigated. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed Zoning Atlas amendments. ______________________ ________________________ Lydia N. Wegman, Chair Date 305 Ordinance #: 1 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed a petition submitted by Old NC 86 Partners LLC (hereafter ‘the Applicant’) seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, This petition seeks to rezone 20 parcels totaling approximately 272 acres of property to Master Plan Development Conditional Zoning District (MPD-CZD) for the purpose of developing the Settlers Point mixed use development (hereafter ‘the Project), and WHEREAS, The properties subject to this rezoning are identified, utilizing Orange County Parcel Identification Numbers (PIN), as: i. A 90.37 acre tract of land PIN# 9863-71-8857 ii. A 58.56 acre tract of land PIN# 9863-91-6573 iii. A 1.36 acre tract of land PIN# 9873-11-4636 iv. A 1.65 acre tract of land PIN# 9873-11-5415 v. A 0.50 acre tract of land PIN# 9873-11-7506 vi. A 1.75 acre tract of land PIN# 9873-11-9450 vii. A 1.46 acre tract of land PIN# 9873-11-7247 viii. A 4.50 acre tract of land PIN# 9873-10-7937 ix. A 34.58 acre tract of land PIN# 9873-20-2388 x. A 2.45 acre tract of land PIN# 9873-10-4310 xi. A 4.21 acre tract of land PIN# 9873-10-4230 xii. A 3.27 acre tract of land PIN# 9873-10-8103 xiii. A 3.27 acre tract of land PIN# 9872-19-6844 xiv. A 10.09 acre tract of land PIN# 9872-19-3549 xv. A 10.01 acre tract of land PIN# 9872-19-8336 xvi. A 10.01 acre tract of land PIN# 9872-29-2222 xvii. A 10.01 acre tract of land PIN# 9872-29-8289 xviii. A 4.00 acre tract of land PIN# 9872-28-6779 xix. A 10.01 acre tract of land PIN# 9872-18-7626 xx. A 10.06 acre tract of land PIN# 9872-09-8324 hereafter ‘the Property’ and, Attachment 7 306 WHEREAS, The applicant has voluntarily chosen to establish development and land use limitations on the Project to ensure proposed land uses do not conflict with surrounding properties, and WHEREAS, This petition has been submitted in concert with a formal master plan in accordance with the provisions of Section 2.9.2 (C) of the UDO, and WHEREAS, the requirements of Section 2.8 and 2.9.2 of the UDO have been deemed complete, and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone aforementioned 20 parcels of property to Master Plan Development Conditional Zoning (MPD-CZ) and allow development of the Project as detailed within the submitted application. BE IT FURTHER ORDAINED THAT The terms and conditions contained herein shall encumber the Property and bind the owners and lessees thereof, their successors in title and interest. The development of the Project as well as all necessary site improvements, both internal and external to the Project, shall be reviewed, approved, and developed in accordance with: a. The applicable provisions of the Orange County Unified Development Ordinance (UDO), b. Any and all applicable Federal, State, and local regulations, and c. The approved application package as submitted by the Applicant and as approved by the Orange County Board of Commissioners on November 14, 2017. BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.2 (F) of the UDO the approval of this Conditional Zoning applicant is subject to the following mutually agreed to conditions: 1. The properties subject to the rezoning shall be utilized consistent with the approved application. 2. The project shall be composed of 3 individual development district(s) identified as follows: a. District 1 (PINs 9863-71-8857 and 9863-91-6573) – A total of 148 acres of land area allowing for the development of light industrial and research land uses; b. District 2 (PINs 9873-11-4636, 9873-11-5415, 9873-11-7506, 9873-11- 9450, 9873-11-7247, 9873-10-7937, 9873-20-2388, and 9873-10-4310) – A total of 47 acres of land area allowing for the development of commercial, retail and service land uses; and c. District 3 (PINs 9873-10-4230, 9873-10-8103, 9872-19-6844, 9872-19- 3549, 9872-19-8336, 9872-29-2222, 9872-29-8289, 9872-28-6779, 9872- 18-7626, and 9872-09-8324) – A total of 76 acres of land area allowing for residential development geared to senior including assisted living units. 307 3. Residential development within District 3 shall be limited to age restricted housing for individuals 55 years and older. 4. County staff shall prepare a ‘Declaration of Development Restrictions and Requirements’ outlining all conditions and development limitations associated with the Project that the Applicant shall record within the Orange County Registrar of Deeds office within 180 days of approval. 5. In accordance with the submitted Application, development of the Project shall be limited as follows: a. ENVIRONMENTAL FACTORS: The project shall abide by the performance standards as articulated in Section 6.4 of the UDO inclusive. b. RATIO STANDARDS: i. Minimum Percentage of Open Space for project: 30% or 81.6 acres. ii. Maximum Allowable Floor Area Ratio for District 1 and 2 shall be as follows: 1. District 1: 0.20 or 1,248,000 sq.ft. 2. District 2: 0.13 or 261,800 sq.ft. iii. District 3 shall have an allowable density of 10 dwelling units per acre with a maximum of 760 total residential units on 76 acres of land area. c. UTILITIES: i. Approval of the Setters Point MPD-CZ application does not constitute a guarantee utility services shall be provided and/or extended to serve the project. ii. Development(s) within the project shall only be served by public water and sewer services as provided and maintained by the Town of Hillsborough. iii. Utilities shall not be extended to serve District(s) 2 or 3 until the inter-local utility agreement between Orange County and the Town of Hillsborough is amended authorizing same. The applicant assumes responsibility for submitting a formal request to amend the aforementioned agreement allowing for the extension of services. Further no applications shall be accepted for development in District 3 until additional efforts have been successfully made to revise the Urban Services Boundary Line to align with the southernmost extents of the proposed master plan. iv. A written, signed agreement between the applicant and the Orange County and/or the Town of Hillsborough shall be executed, which describes the timing, phasing, design, and financing of public water distribution and public sanitary sewer collection mains for the project. v. Connection to public water and sewer shall comply with applicable Town of Hillsborough standards. The applicant assumes the responsibility for obtaining all authorizations allowing for same. 308 vi. Extension of water/sewer lines within a District shall comply with applicable Town of Hillsborough standards. The applicant assumes the responsibility for obtaining all authorizations allowing for same. vii. Final location of fire hydrants shall be reviewed and approved by the Town of Hillsborough and the County Fire Marshal prior to the issuance of any permit authorizing land disturbing activities. d. PERMITTED LAND USES: Allowable Land Uses for the Project shall include: i. Land uses permitted in all district(s): 1. Accessory uses to principal uses of property, 2. Bus passenger shelter, 3. Surface and structure parking, 4. Mail kiosks for central mail pick-up, 5. Elevated water storage tanks, 6. Public parks, 7. Natural and man-made pedestrian and bicycle paths, 8. Government administrative offices, 9. Government protective services (i.e. Police/Fire Station, Rescue squads, EMS station, etc.) ii. Land uses permitted in District 1: 1. Bank automated teller machine as a standalone use, 2. Schools: vocational, technical, trade, 3. Health services (i.e. licensed practitioners and/or specialists, outpatient surgical centers, medical and diagnostic laboratories, etc.), 4. Hotel/motel/convention center, 5. Motor vehicle service station, 6. Apparel manufacturing, 7. Mail order houses, 8. Clay product and refractory manufacturing, 9. Computer and electronic manufacturing, 10. Fabricated metal product manufacturing, 11. Food and beverage product manufacturing and bottling, 12. Furniture and related product manufacturing, 13. Glass and glass product manufacturing, 14. Machinery product manufacturing 15. Pharmaceutical and medical product research and manufacturing, 16. Plastic product manufacturing, 309 17. Printing and relates support services, 18. Research facility, 19. Research and manufacturing facility, 20. Rubber and plastic, hoses and belting manufacturing, 21. Storage and/or warehousing inside of a building, 22. Textile mills and textile product mills, 23. Restaurant, 24. Telecommunication tower 75 ft. and under in height. iii. Land uses permitted within District 2: 1. Religious facility, 2. Social club or lodge, 3. Movie theater, 4. Bank and financial institution, 5. Bank automated teller machine as a standalone use, 6. Childcare facility, 7. Library, 8. School: vocational, 9. School: dance, art, music, physical fitness, etc., 10. Health services (i.e. licensed practitioners and/or specialists, outpatient surgical centers, medical and diagnostic laboratories, etc.), 11. Hotel/motel/convention center, 12. Motor vehicle service station, 13. Professional offices and services (i.e. attorney, realtor, accountant, insurance agent, financial consultant, financial securities brokers, etc.), 14. Retail, 15. Restaurant, 16. Movie theater, 17. Indoor gym/physical fitness center, 18. Arcade, 19. Indoor/outdoor swimming pool. iv. Land uses permitted within District 3: 1. Social club or lodge, 2. Library, 3. Single-family, 4. Duplex, 5. Multi-family (apartment), 310 6. Health and personal care (i.e. family care, retirement home, assisted living, group care, nursing home, etc.), 7. Indoor/outdoor swimming pool. v. School: elementary, middle and secondary shall be permitted in District 1 subject to existing development standards, and the submittal and approval of a Class A Special Use Permit, in accordance with the provisions of the UDO. e. ACCESSORY BUILDINGS: Accessory buildings and enclosures whether attached to or detached from the main building, including automatic teller machines, shall be designed to complement the site architecture and shall be integrated with the same scale, texture, color and detailing of adjacent architectural design. f. SETBACKS: i. In District 1 no structure shall be located within 50 ft. of any external roadway. ii. In District(s) 2 and 3 no structure shall be located within 75 ft. of Old NC Highway 86. iii. In all Districts, vehicular use areas shall not be located within 25. ft of any external roadway (i.e. Old Highway NC 86 and Service Road). iv. In all Districts, no structure or vehicular use area shall be located within a required land use buffer as detailed herein. v. In Districts 1 and 2 the following setback shall be observed from internal access roads: Setback from internal property line Freestanding Buildings In-line Shops and Buildings Vehicular use areas Storage areas Signs Front 25 ft. 10 ft. * 10.ft. * 10 ft. 10 ft. Side 25 ft. 10 ft. * 10.ft. * 10 ft. 10 ft. Rear 25 ft. 10 ft. * 10.ft. * 10 ft. 10 ft. * When proposed use is adjacent to common ownership property such as a private street, alley, or parking area the setback shall be reduced to 5 ft. * vi. In District 3 all residential structures shall observe the following setbacks from internal property lines and rights-of-way: i. Front Yard: 15 ft. ii. Side Yard: 5 ft. iii. Rear Yard: 5 ft. 311 iv. All structures shall comply with minimum spacing requirements established within NC State Building Code for separation between structures. vii. Principal entrances shall have a front façade serving as the primary means of public ingress and egress that faces either a public space/court yard or a street. viii. Parks, green plazas, squares, court yards, etc. shall have a minimum area of at least one – tenth (1/ 10) of an acre. These areas shall be located, at a maximum, within one-sixth (1/6) of a mile of at least seventy-five percent (75%) of any and all dwelling units and/or business entrances. g. ARCHITECTURAL DESIGN STANDARDS: i. The following exterior finishes and/or siding materials shall be allowed throughout the project: 1. Cement/concrete siding, such as Hardi-plank or equal material, shall be used to simulate wood and wood trusses where a rustic look is desired, 2. Brick and/or stucco, 3. Concrete in pre-cast or cast-in-place (CIP) applications shall be allowed. Where such material is utilized, large expanses will be broken-up and modulated with architectural variations like scoring, reveals, ornamental embellishments, etc. 4. Dry-stack and/or ashlar stone may be used as an identifying characteristic, 5. Concrete masonry units (CMU’s). For this project, CMUs shall be: i. Standard block, painted for service areas out of public view, rears of parapets, etc. OR ii. Split-face and/or ground face CMU’s ii. All storefronts and glass walls shall utilize glazing. Reflective and/or mirrored glass is prohibited. iii. With respect to roof lines and design, the following standards shall apply: 1. Roof designs that serve to enhance the capture of natural light shall be encouraged, 2. All rooftop HVAC equipment, elevator overrides, and other similar devises will either be: i. Clad in exterior materials that are not reflective or illuminated and are stealth-like in their appearance, OR ii. Are designed as an architectural feature, OR iii. Screened through some vegetative buffer or fencing. 312 3. Solar panels shall be allowed to be installed along roof tops, including raised panels to allow for tracking of the sun’s rays, so long as: i. The panels do not create sufficient glare to create a public safety hazard, and ii. The panels are screened from view at street level, The installation of these devises shall be reviewed and approved by the Orange County Planning Department on a case-by-case basis. 4. Slopped standing seam metal roofs shall be permitted as long as they are designed to blend in with the architecture of the building and the district, 5. Flat roofs comprised of TCP, EPDM, rubber single-ply membrane and other similar products shall be permitted as long as the applicant demonstrates that the roof shall be hidden or shielded from the public’s street view through the use of parapets, railings, or balusters. h. INTERNL LANDSCAPING PRESERVATION AND DESIGN: i. All required internal and external landscaping shall be installed, or bonded, and maintained by the developer or their successor in perpetuity. ii. All internal landscaping associated with the development of an individual land use shall be installed or bonded prior to the issuance of a Certificate of Compliance (C of C) allowing for the occupancy of any building within the development site. iii. All landscaping, excluding grassed/sodded areas, shall be comprised primarily of indigenous, drought resistant, vegetation. iv. A comprehensive, and detailed, landscaping plan shall be submitted to the Orange County Planning Department prior to any internal or external earth disturbing activity or road work for review and approval by members of the staff as well as the following 1. Planning partners, including: i. Cooperative Extension (staff arborist), ii. NC DOT if encroachments are needed, iii. Local utility companies (i.e. power, cable, phone, etc.) v. Developer shall demonstrate compliance with all applicable local and State regulations within the submitted landscaping plan as well as the approved Settlers Point Master Plan, vi. All external landscaping, if needed, shall be watered through reclaimed stormwater, or on-site wells in the event that stormwater is unavailable, as proposed by the developer. Detailed plans showing the anticipated method of care (i.e. underground sprinklers, maintenance personnel, etc.) shall be submitted as part of the Landscape plan for review and approval by staff. 313 vii. The required landscaping within parking areas shall be in accordance with the following: 1. Parking lot shade trees shall be provided at a ratio of one (1) three-inch (3”) minimum caliper tree for every ten (10) parking spaces as shown in the following diagram: The applicant/developer is required to demonstrate that ninety percent (90%) of the parking spaces are within fifty (50) feet of the center of a shade tree. If not, additional landscaping shall be required. 2. The minimum tree planting area shall be nine (9) feet by eighteen (18) feet except where tree grates are provided. 3. Where trees are planted within tree grates, and surface paving encroaches into the planting area, then the minimum planting area shall be sixty-four (64) square feet in area by two (2) feet in depth. 4. Where parking areas and drive-isles abut interior property lines, the 10-ft. required landscaped area may be split among the two (2) adjoining property owners 5. Screening of parking areas along the perimeter boundary of the project shall maintain a minimum tree spacing of sixty (60) feet and provide the required thirty-six-inch (36”) screening, required to be a minimum of twenty-four inches (24”) at initial planting, adjacent to proposed parking spaces, viii. Landscaping along a buildings perimeter shall be in accordance with the following standards: 314 1. Thirty percent (30%) of a buildings perimeter shall be landscaped while maintaining the necessary sidewalk area as shown in the following diagram: 2. These areas may consist of lawn, planters, or shrub areas so long as the shrub areas, that have to be twenty-four inches (24”) minimum in width, comprise a minimum of fifty percent (50%) of the total linear dimension along the building’s perimeter. 3. With respect to internal street landscaping, there shall be one (1) tree at a three-inch (3”) caliper provided every sixty (60) feet as shown in the following diagram: 315 ix. All ground level HVAC, mechanical equipment cabinets, etc. shall be screened from view through the use of landscaping, walls, and or fencing. x. All solid waste containers, dumpsters, recycling bins, etc. shall be enclosed within a screened area with shrubs or plants placed along the base. In cases where the enclosure is connected to a building, then plantings shall not be required but the dumpster shall still be required to be enclosed. i. PERIMITER LANDSCAPING AND OPEN SPACE: i. A 100-ft. undisturbed buffer for District 1 separating the project from residentially zoned properties to the west and south. ii. A 50-ft. undisturbed buffer for District 3 separating the project from properties to the south. iii. A 50-ft. land use buffer for District(s) 2 and 3 from Old NC Highway 86. iv. Thinning of vegetation within required land use buffer(s) along Old NC Highway 86 and Interstate 40 shall be permitted under the following conditions: 1. A maximum of 50% of the required buffer area may be thinned. 2. Areas thinned as permitted herein shall only be utilized to develop stormwater retention ponds. 3. There shall be no permanent structure erected intended to provide a service consistent with the project (i.e. a commercial business). Structures acceptable for development within this cleared area shall be those intended to support stormwater retention operations (i.e. pump houses) or utility structures, 4. Disturbed vegetation will be replaced with indigenous, drought resistant vegetation that will achieve a height of six (6) feet within five (5) years. 5. Within the remaining area, the developer will ‘hand clear’ any existing vegetation of nuisance, scrub, or dead foliage so long as a minimum of fifty-four (54) trees per acre is maintained at all times. v. The project shall abide by the provisions of the Major Transportation Corridor (MTC) Overlay District as detailed within the UDO except as follows: 1. Within District(s) 2 and 3 a maximum of 50 ft. of the MTC buffer shall be permitted to facilitate development of access roads, parking lots, walkways, and stormwater facilities. 2. Reduction of the MTC buffer shall only be allowed in those instances where the applicant can demonstrate sight lines from the interstate shall not be adversely impacted by the proposed clearing. 316 3. Where clearing is permitted, the applicant shall re-establish vegetation in the area to the specifications of the Type C land use buffer as detailed in the UDO. The applicant is required to submit a detailed buffer plan denoting the cross section of the buffer area and I-40 area to be impacted. 4. Buffer area shall be replanted to a minimum 50% of the disturbed buffer width except in those instances where utility services (i.e. power lines, stormwater facilities, water/sewer lines, etc.) prevent same. j. SIGNS AND LIGHTING: i. All lighting shall comply with the submittal and permitting criteria detailed within the UDO. ii. A comprehensive, and detailed, master signage plan shall be submitted to the Orange County Planning Department for review and approval consistent with the standards detailed herein. iii. Signs shall be composed of individual internally lit letters. iv. Logos are allowed in a box type fashion, if they are approved copyright logos: IE: American Express, State Farm Insurance, etc. v. Signage shall be allowed as follows: 1. Architectural Landmark – Providing the visual identifier for the development. The primary location will take advantage of the topography to give visual guidance for motorist along the interstate. This would appear to be more of an architectural feature than a sign. i. Maximum Number: One (1) sign, ii. Maximum Height: Fifty (50) feet, iii. Maximum Size: Four hundred (400) square feet each side of the structure. 2. Entry Portal Marker – providing the name of the development and identifying the names of major tenants. These signs are primarily intended for location at the main entrances to the project. i. Maximum Number: Eight (8) signs, ii. Maximum Height: Eight (8) feet, iii. Maximum Size: Three hundred (300) square feet each. iv. Style of Sign: Internally illuminated cabinet style signs shall be prohibited. Entry portal markers shall be either raised/blocked lettering or a wall style sign that is externally illuminated. v. Sign Allocation: For Entry Portal Markers, the name of the project shall occupy at least sixty percent (60%) of the sign area. vi. Setback from right-of-way: Ten (10) feet 317 vii. Setback from private road: Five (5) feet 3. Development Sign Criteria - providing the name of the tenant that will be wall or building mounted. These signs are reserved for tenants occupying freestanding buildings or are part of a multi-tenant, single-story, freestanding building. i. Maximum Number: One (1) wall or building mounted sign per façade or per individual retail space. ii. Maximum Height: The sign cannot extend above the building/parapet height. iii. Maximum Size: Two (2) square feet of signage for every one (1) square foot of frontage not to exceed three hundred (300) square feet. In cases where a building contains multiple tenants, wall signs shall be allowed as follows: thirty-two (32) square feet of sign are per tenant not to exceed three hundred (300) square feet per building. Sign must fit above tenant space and can only occupy two-thirds (2/3) of the building façade. iv. Style of Sign: No internally illuminated cabinet style signs shall be permitted within the development. Tenants are allowed to install a sign with individual letters that can be internally illuminated. v. Setback from right-of-way: Not Applicable. vi. Setback from private road: Not Applicable. Example: 4. Projecting Signs: In cases where projecting signs are utilized, the following shall be required: i. Maximum Number: One (1) wall or building mounted sign per façade or per individual retail space. ii. Maximum Height: The sign cannot extend above the building/parapet height. 318 iii. Sign shall be mounted a minimum of ten (10) feet above the sidewalk/pedestrian area. Projecting signs includes the following: 1. Awnings, 2. Bracket signs (example provided) iv. Setback from right-of-way: Not Applicable. v. Setback from private road: Not Applicable. 5. Directional Monuments, Location Maps, Car Pool lot signs – providing tenant location information to motorists and pedestrians along streets to manage traffic flow throughout the project. i. Maximum Number: As determined by staff during site plan review. ii. Maximum Height: Twelve (12) feet. iii. Maximum Size: One hundred (100) square feet each. iv. Setback from right-of-way (all classifications): Ten (10) feet. 6. Secondary Directional Signage– providing essential information to motorists and pedestrians with respect to services offered by the tenants (i.e. pick-up/drop-off areas, loading zones, drive thru lanes, do not enter, etc.). Secondary Directional Signage can contain advertising material, such as a logo or name of the tenant. i. Maximum Number: As determined by staff during site plan review. ii. Maximum Height: As determined by staff during site plan review. iii. Maximum Size: Twenty-five (25) square feet. iv. Setback from right-of-way (all classifications): Ten (10) feet. 319 7. Window Signs, Menu Signs, and Individual Information Signs - A sign erected on the interior side of a window of a place of business advertising any service, product, special, or sale conducted within the business where it is located. Window Signs can also include the stenciling of the name of a non- residential establishment and may include hours of operation, phone numbers, and other pertinent information associated with the non-residential land use. Window Signs shall be limited to occupying a maximum of thirty (30) percent of the total window area where the sign is to be erected. This includes signs advertising specials within the business, signs advertising sales, and signs advertising the name and other pertinent business information associated with the principal use that may be etched, attached, or otherwise made a permanent part of a pane of glass. 8. Entertainment Center/Cinema: For an entertainment center/cinema, a marquee, as a permanent canopy projecting over an entrance to a building, may be erected and displayed with the following limitations: i. A marquee may identify the name and trademark of the cinema and may include a changeable listing of movie titles. ii. A marquee shall not extend more than ten (14 feet) from the building nor be less than nine (12) feet above the ground or sidewalk at the lowest point. iii. The maximum display sign area on the marquee shall be four hundred (400) square feet. iv. The marquee shall front on interior drives and streets, not on streets external to the development, but may be visible from those locations or from the interstate. v. The cinema shall have one (1) poster box per movie screen. They shall be mounted on the façade of the building plus an additional two (2) poster boxes shall be placed for general information. The poster box shall be a maximum of fifty-six (56) inches high and forty (40) inches wide. i. TRANSPORTATION: 1. The right-of-way for Service Road shall be extended west through District 1 to provide additional connectivity to adjacent parcels. Any extension of Service Road shall be constructed to NC DOT public road standards. 2. External roadway improvements shall be constructed in accordance with a phased construction/development plan in accordance with NC DOT requirements and guidelines, the approved Traffic Impact Analysis (TIA), the approved Master Plan, and the standards outlined herein. 320 3. The developer shall provide a Traffic Impact Statement stating that the proposed development is in accordance with the Master Plan TIA report that identified anticipated impacts of this development at the intersection of OLD US 86 and Interstate 40 as part of all site plan submittals. The developer shall be responsible for constructing any and all improvements at those intersections that are recommended to mitigate direct impacts resulting from this development. A revised TIA shall be submitted if NCDOT or County Staff find that the proposed site-specific use will adversely impact existing traffic operations at any of the new or existing roadway intersections or ramps. The revised TIA shall also include weekend traffic counts at similar developments. The developer shall provide any additional facilities to accommodate traffic flow on weekends as required by NC DOT from review of the revised TIA. The revised TIA, based on the overall final development buildout square footage, shall be submitted and approved prior to the approval of any site plan proposing development within any of the approved Districts. 4. Any required roadway improvements shall be accommodated within existing road rights- of-way. If additional right-of-way is required, the developer shall secure the necessary land via purchase agreements with affected property owners, in accordance with NCDOT right-of-way acquisition process. 5. All street signals shall be erected on metal poles. 6. The County and NC DOT shall approve all metal utility poles allowing for the erection of street signals, both internal and external, prior to installation. 7. The developer shall identify and develop segregated entrances and exists for pedestrian and construction vehicular traffic during the development of the project to avoid conflict. These entrances shall be reviewed and approved by the Orange County Planning Department prior to the commencement of earth disturbing activities. 8. All traffic directional signage shall be installed at this time as well including, but not limited to: i. Stop signs, ii. Yield signs, iii. Bus parking and unloading informational signs iv. Lane ends, v. Merge signs, vi. Caution Pedestrian Traffic – Yield Signs, vii. Traffic safety signs designed to direct construction traffic throughout the site, 321 viii. Traffic warning signs indicating the location of private driveways and forbidding public access to the various properties, ix. Through traffic signs, x. Any and all signs required by NC DOT for the project 9. The developer shall construct bicycle lanes and sidewalks along roads adjacent to the property boundaries: along Interstate 40 and Old NC 86. 10. The developer shall construct four (4) bus pullouts and transit shelters at locations deemed appropriate by the County (2 either side of NC 86) as development patterns dictate within the development and as identified by a transit plans adopted by the County. 11. The developer will provide wide outside lanes (14’) to accommodate bicycle traffic on Main Drives and Connectors within the development. 12. The developer shall construct sidewalks on both sides of all internal roads. The developer will provide sidewalks along both sides of the major access road through the development to adjacent property in the Economic Development District all the way to the eastern property boundary. 13. The developer shall provide crosswalks at all intersections within the development. Crosswalk improvements may include painting, pavement changes, curb extensions that narrow the crossing distance, or other measures that may be warranted to improve pedestrian safety including crosswalk signals that provide assistance to deaf and visually impaired individuals announcing when it is safe to cross at intersections on the major access road. 14. The developer shall set aside for future use the following number of parking spaces: The developer shall designate three percent (3%) of total parking spaces for all retail development as “Park and Ride”. However, no more than 100 park and ride spaces shall be required. These park and ride spaces shall be located at/near the transit stop off the major access road through the development. Park and ride spaces, for the purpose of this section, shall be defined as spaces to be occupied by vehicles left by individuals who transfer to other modes of transportation for the remainder of their trip to an offsite location. j. INTERNAL TRAFFIC CONTROL: 1. The timeline for internal street improvements shall be as follows: 322 i. Internal thoroughfares/main roadways shall all be constructed at the same time allowing for ingress and egress from Old NC 86 and Interstate 40 or in accordance with an acceptable construction sequence as a phased construction plan similar to the phased Utility Plan detailed within Section 4-1 of the approved application narrative, the improvements and phasing shall be in concert with the approved TIA. ii. Roadways and drive-cuts affording internal access within Districts shall only be constructed after detailed site plans are approved by the County. 2. All streets and sidewalks shall be designated as available for general public use through an easement(s), if not otherwise dedicated to a public entity. 3. In implementing the internal circulation traffic pattern, the following street shall be designed to accommodate the following maximum speed limits: i. Alleys affording access to residential land uses and to the rear of various buildings for service delivery: Ten (10) Miles an Hour. ii. Streets serving the interior portions of District: Ten (10) Miles an Hour. iii. Streets serving as service roads to allow for the free flow of traffic between the various districts as well as Interstate 40 and Old NC 86: Twenty-Five (25) Miles an hour. 4. Crosswalks shall be painted, or otherwise delineated, within the roadways to signify pedestrian crossing points. 5. The developer shall cause crosswalk signals to be installed, where stoplights are located, providing assistance to deaf and visually impaired individuals announcing when it is safe to cross thoroughfares. 6. Entrances to parking areas for individual uses, whether it is a single, independent, land use or a multi-tenant building, shall be designed to channel traffic through central points off of interior thoroughfares in an effort to avoid unnecessary vehicular and/or pedestrian interaction as detailed in the following exhibit. 323 Access points shall be limited to ensure proper traffic flow throughout the development. 7. In cases where a corner lot is created within the development, parking shall not be located directly adjacent to the corner facing the intersection. Instead, the developer shall install landscaping, and/or a prominent building feature, within this area. 8. Any proposed land use making use, or needed, drop-off zones/areas shall be provided near building entrances and segregated from required parking spaces and/or vehicular travel lanes. 9. Parking areas shall be separated from structures by: i. A raised concrete walkway, ii. A landscaped buffer/natural area, or iii. A segregated pedestrian walkway. In no case will parking be allowed to directly abut a proposed structure at the same grade. 10. Parking areas shall be designed so that pedestrians walk parallel to moving cars in order to minimize the need for pedestrians to cross parking aisles and landscape areas. 11. All exterior lighting, including traffic signals and street lighting shall conform to ASHRAE / IESNA Standard 90.1- 2004, Exterior Lighting Section, without addenda, for Zone LZ3 – Medium (Commercial/Industrial, High-Density Residential). 12. Mass transit stops and various support structures (i.e. bus shelters) shall be constructed within each district prior to the issuance of the Certificate of Occupancy allowing for the occupancy of and building within the subject district. Internal lighting of these structures shall be provided utilizing solar 324 collectors, or any other accepted form of renewable power source that is available. 13. Street front parking shall be provided in accordance with the following standards: i. In cases where angled parking is proposed, the parking space shall not exceed an angle of ninety (90) degrees in order to facility ease in backing out of spaces as detailed in the following exhibit: ii. In instances where angled parking/street front parking is utilized, the developer shall only allow for a one-way traffic flow pattern to be utilized in order to guarantee motorists and pedestrian safety or shall angle the parking in such a manner that there will be no conflict as detailed in the following exhibit: iii. In cases where angled parking is utilized the required parking stall dimensions shall be: Nine (9) feet by Eighteen (18) feet. 325 14. Curb stops shall be required in all parking lots in cases where there is no proposed island, landscape area, or sidewalk to provide a traffic break. 15. Drive isles for parking areas shall meet the following minimum width requirements: i. One-way traffic: Minimum of twelve (12) feet of travel/drive isle, ii. Two-way traffic: Minimum of twenty-four (24) feet of travel/drive isle 16. Parking for individual land uses shall be based on the following standards: i. One (1) space for every three hundred (300) square feet of floor space within a Retail Trade (excluding Restaurants only when located within a stand-alone facility), Service (excluding Indoor/Outdoor Theaters), Manufacturing, Assembly, and Processing, and Finance, Insurance, and Real Estate land use. ii. One (1) parking space for each Residential Dwelling, Multi-family unit. iii. One (1) parking space for every three (3) seats in an Indoor and/or Outdoor Theater. iv. One (1) parking space for every shift employee within a Retail Trade, Restaurant facility, as well as one (1) parking space for every four (4) seats within the facility. v. One (1) parking space for every three hundred (300) of floor area within a Government facility. vi. One (1) space per every room in a hotel plus one (1) per shift employee. vii. One (1) space for every three hundred (300) square feet of floor area of office space plus one per 1,000 square feet floor area of laboratory + one per 5,000 square feet for greenhouses and other material or mechanical storage areas within a research development light industrial. viii. All other light industrial except as listed above shall have one space per 1,000 square feet of floor area. 17. All parking lot spaces, unless otherwise designated, shall be: Nine (9) feet by Eighteen (18) feet. 18. The overall maximum amount of surface parking permitted for the entire development combined, shall be one (1) space for every two hundred (200) square feet of floor space. 326 19. Required parking spaces may be reduced by thirty percent (30%) within a given District or other development area if the developer adheres to the following: i. The spaces allotted for each individual use shall be shown on the application for a Zoning Compliance Permit, ii. The distance from the farthest allotted space to the main entrance of a structure housing the use that it is intended to serve not to be more than four hundred (400) feet, iii. The spaces shall be located within the same District or within four hundred (400) feet of the proposed use to qualify for a reduction on the required parking, iv. Twenty percent (20%) may be compact car parking with a dimension of seven and a half (7 ½) feet in width and sixteen (16) feet in depth. 20. All required parking spaces shall be improved with asphalt, concrete or other similar material as approved by the County. 21. Handicapped parking shall be provided in accordance with the standards of the State of North Carolina Building Code. 22. All parties involved with this project shall sign a Memorandum of Agreement regarding transit service. The Agreement shall describe how the bus transit service shall be provided such that all building entrances are within one- quarter (1/4) mile of a transit stop. Further, service shall be phased such that it shall be provided prior to issuance of the last certificate of occupancy for each development phase. Each transit stop shall have a covered and at least partially enclosed transit shelters with kiosks and illuminated to five (5) average maintained foot-candles. Information at each kiosk shall detail local transit information including basic schedule and route information. 23. All lease agreement, or individual sales documents, for future tenants shall include provisions requiring the installation and maintenance of bicycle racks or other similar secure location for the storage of bicycles within the development. 24. Parking areas within the project may be designated as park and ride lots. 6. All site plan projects shall be required to complete an environmental impact statement (EIS) in accordance with Section 6.16 of the UDO. 7. The applicant shall be required to obtain stormwater and erosion control permits from Orange County Erosion Control prior to the commencement of earth disturbing activity. 327 8. Each site plan submitted proposing the development of an individual district, or a single building within a district, shall supply documentation outlining the cumulative total of impervious surface and open/landscape area for the district as well for the Project as a whole in order to verify acceptable levels of developmental intensity. 9. The applicant shall be required to obtain a driveway permit from the North Carolina Department of Transportation prior to the commencement of earth disturbing activity. The applicant shall provide the Orange County Planning Department with a copy of this permit. 10. The applicant shall be required to obtain final approval for the location and access of a central mail kiosk providing mail service to local residents by the Postmaster General in consultation with the North Carolina Department of Transportation and County Planning staff. The applicant shall provide the Orange County Planning Department with a copy of any documentation from the Postmaster General and/or the Department of Transportation of this approval. 11. The Orange County Fire Marshal shall review and give final approval to road layout and construction methodology prior to the initiation of land disturbing activities. The Fire Marshal shall also review and approve the final location of the emergency fire access roadway and location of the proposed stand-pipe prior to installation. 12. The Orange County and Town of Hillsborough Fire Marshal shall review and give final approval to proposed water lines prior to the initiation of land disturbing activity. The ultimate required size of said lines serving the project shall be based on the results of the application, which shall include water flow test data for the project. 13. The applicant shall be required to maintain all required land use buffers in perpetuity in accordance with the requirements of Section 6.8 of the Orange County Unified Development Ordinance. 14. Required landscaping for residences located within the District 3 shall be installed prior to the issuance of a Certificate of Compliance (C of C) for each individual residential structure. 15. The applicant shall coordinate with the Town of Hillsborough and Orange County Emergency Services to hold a fire-flow test for the proposed fire hydrants. The test shall be certified by the various parties as complying with applicable State Fire Code standards with respect to necessary water flow. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner ________________________, seconded by Commissioner ________________________, the foregoing ordinance was adopted this ________ day of ___________________, 2017. 328 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 329 330 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: October 4, 2017 Action Agenda Item No. 10 SUBJECT: Unified Development Ordinance (UDO) – Revisions to Public Hearing Process DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline Form 2. Statement of Consistency 3. Proposed Amendments Craig Benedict, Director, 919-245-2575 James Bryan, Staff Attorney, 919-245-2319 Ashley Moncado, Planner II, 919-245-2589 PURPOSE: To make a recommendation to the Board of County Commissioners (BOCC) on a 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. These amendments are scheduled to be presented at the November Quarterly Public Hearing. 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. 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 331 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. RECOMMENDATION: The Planning Director recommends the Planning Board: 1. Review the proposed amendments, 2. Deliberate on the petition as desired, 3. Consider the Planning Director’s recommendation, and 4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 2) and proposed amendment package (Attachment 3) in time for the November Quarterly Public Hearing. 332 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): UDO Text: UDO General Text Changes UDO Development Standards UDO 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 Attachment 1 333 2. Analysis These amendments will allow greater flexibility and reduce delays in decisions. Allowing these items to be heard at all regular BOCC meeting shall expedite the development review process and encourage a planning process which is efficient and responsive to County residents. There would also be a benefit of scheduling matters according to anticipated agendas. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 4. New Statutes and Rules N/A C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed October 3, 2017 b. Quarterly Public Hearing November 2017 c. BOCC Updates/Checkpoints October 4, 2017 – Planning Board Recommendation (receive materials) d. Development Advisory Committee (DAC) e. Legal Sufficiency Determination f. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements 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. September 21, 2017 September 12, 2017 N/A 334 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: 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 If adopted, the amendments would revise the existing process used by Orange County to review Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas amendments. E. SPECIFIC AMENDMENT LANGUAGE See Attachment 3 Primary Staff Contact: Ashley Moncado, AICP Planner II (919) 245-2589 amoncado@orangecountync.gov General Public: Small Area Plan Workgroup: Other: 335 1 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. ______________________ ________________________ Lydia N. Wegman, Chair Date Attachment 2 336 UNIFIED DEVELOPMENT ORDINANCE AMENDMENT PACKET NOTES: The following packet details the proposed text amendment regarding the modification of existing use standards. 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 Text: 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. 337 Article 1: Administration Section 1.6: Planning Board Orange County, North Carolina – Unified Development Ordinance Page 1-11 (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; 338 Article 2: Procedures Section 2.3: Comprehensive Plan Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-4 2.2.9 Manner of Review Applications requiring a public hearing shall be reviewed using either a legislative process or a quasi-judicial process as follows: (A) Comprehensive Plan amendments – legislative (B) Special Use Permits – quasi-judicial (C) Zoning Atlas and Unified Development Ordinance amendments – legislative (D) Conditional Use District (CUD) – rezoning portion is legislative; Special Use Permit portion is quasi-judicial (E) Conditional Zoning District (CZD) - legislative SECTION 2.3: COMPREHENSIVE PLAN AMENDMENTS 2.3.1 Review and Approval Flow Chart The review and approval process for Comprehensive Plan Amendments is shown in the procedure’s flowchart. 2.3.2 Generally (A) The Comprehensive Plan shall be so prepared that all or individual elements and parts thereof may be adopted and/or amended by the Board of Commissioners. (B) For the purpose of establishing and maintaining sound, stable, and desirable development within Orange County, the Comprehensive Plan or portion thereof shall not be amended except as follows: (1) Because of changed or changing conditions in a particular area or areas of the County; (2) To correct an error or omission; or (3) In response to a change in the policies, objectives, principles or standards governing the physical development of the County. 2.3.3 Initiation of Amendments (A) An amendment to the Comprehensive Plan or portion thereof may be initiated by: (1) The Board of Commissioners on its own motion; (2) The Planning Board; BOCC Decision Application Submittal Text Future Land Use Map Publish Legal Ad (Both Amendment Types) Quarterly Public Hearing Staff and Planning Board Recommendation to BOCC Comprehensive Plan Amendments Post Sign / Mail Notice for Planning Board Meeting and Public Hearing Development Advisory Committee Meeting Staff Recommendation to Planning Board Planning Board Review and Recommendation Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. 339 Article 2: Procedures Section 2.3: Comprehensive Plan Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-5 (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. 340 Article 2: Procedures Section 2.3: Comprehensive Plan Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-6 (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 quarterly public hearingPublic 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. 341 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-17 (2) The name(s) and address(es) of the owner(s) of the property involved. (3) Relevant information needed to show compliance with the general and specific standards governing the Special Use (See Articles 5 and 6). (4) For Class A Special Uses 26 copies of the site plan, and for Class B Special Uses 10 copies of the site plan, prepared by a registered North Carolina land surveyor, landscape architect, architect, or engineer, which shall contain the information listed in Section 2.5. (5) If the application involves a Preliminary Subdivision Plat, 26 copies of the Plat prepared in accordance with Section 7.14 shall be provided. Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. Application Submittal Class B SUP: Schedule NIM, DAC & Board of Adjustment quasi- judicial hearing Class A SUP: Schedule NIM, DAC, Planning Board meeting & BOCC quasi-judicial hearing BOCC decision Planning Board for review and recommendation Board of Adjustment decision Publish Legal Ad, Post Sign & Mail Notice for Public Hearing BOCC holds quasi-judicial hearing at quarterly public hearingPublic Hearing Special Use Permit Neighborhood Information Meeting Post Sign & Mail Notice for Neighborhood Information Meeting (NIM) Development Advisory Committee (DAC) Meeting Staff Review/ Analysis Begins BOA holds quasi- judicial hearing Post Sign & Mail Notice for Neighborhood Information Meeting (NIM) & Planning Board meeting Publish Legal Ad, Post Sign & Mail Notice for Public Hearing Development Advisory Committee (DAC) Meeting Neighborhood Information Meeting 342 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-20 (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. 343 Article 2: Procedures Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-25 (1) A copy of the existing text provision(s) which the applicant proposes for amendment, and (2) A written statement which describes in detail the changes the applicant proposes to make. (C) The alleged error in the Zoning Atlas and/or Unified Development Ordinance text that would be corrected by the proposed amendment with a detailed explanation of such error in the Zoning Atlas and/or Unified Development text and detailed reasons how the proposed amendment will correct the alleged error; (D) The changed or changing conditions, if any, in the area or in the County generally, which makes the proposed Zoning Atlas and/or Unified Development Ordinance text amendment reasonably necessary to promote the public health, safety and general welfare; (E) The manner in which the proposed Zoning Atlas and/or Unified Development Ordinance text amendment will carry out the intent and purpose of the BOCC Decision Development Advisory Committee Meeting Planning Board Review and Recommendation Quarterly Public Hearing Zoning Atlas and UDO Amendments Application Submittal Post Sign / Mail Notice for Neighborhood Info. Meeting (NIM) and Planning Board Meeting Neighborhood Information Meeting Post Sign / Mail Notice for Planning Board Meeting Staff and PB Recommendation to BOCC Staff Recommendation to Planning Board Zoning Atlas: Conditional Districts Zoning Atlas: General Use Zoning Districts Text Amendments Text Amendments: Publish Legal Ad Atlas Amendments: Publish Legal Ad Post Sign Mail Notice Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. 344 Article 2: Procedures Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-26 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.” 345 Article 2: Procedures Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-27 (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 quarterly public hearingPublic 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 346 Article 5: Uses Section 5.10: Standards for Telecommunication Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-94 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 347 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-33 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 348