HomeMy WebLinkAboutOCPB agenda 050218ORANGE COUNTY PLANNING DEPARTMENT
131 W.MARGARETLANE,SUITE201
HILLSBOROUGH,NORTHCAROLINA27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131WEST MARGARET LANE –LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH,NORTH CAROLINA 27278
Wednesday, May 2, 2018
Training Session –6:00pm
Note:This is a training session for Planning Board members who would like to attend. Attendance is
not mandatory and a quorum is not necessary for this training session.Light refreshments will be
available for Planning Board members.
No.Page(s)Agenda Item
1.CALL TO ORDER
2.PLANNING BOARD TRAINING SESSION –Staff will lead training invarious
planning topics using on-line videos produced by the UNC School of
Government and augmented as necessary by staff-produced
materials. This will be a monthly training session for several months,
beginning in January 2018 and ending after all of the video modules
have been completed.
Presenter:Perdita Holtz, Planning Systems Coordinator
3.ADJOURNMENT
ORANGE COUNTY PLANNING DEPARTMENT
131 W.MARGARETLANE,SUITE201
HILLSBOROUGH,NORTHCAROLINA27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131WEST MARGARET LANE –LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH,NORTH CAROLINA 27278
Wednesday,May 2, 2018
RegularMeeting – 7:00pm
No.Page(s)Agenda Item
1.CALL TO ORDER
2.
3– 4
INFORMATIONAL ITEMS
a.Planning Calendar for May and June
b.BOCC public hearing on May 15 regarding the flagpole/flag
amendments (Planning Board member are encouraged to
attend BOCC public hearings when items the Planning Board
has reviewed are on the agenda). Location for this meeting is
the Southern Human Services Center at 2501 Homestead
Road in Chapel Hill.
c.The items on tonight’s Planning Board agenda are expected to
be on the BOCC public hearing agenda on June 5. Location of
this meeting is the Whitted Meeting Facility at 300 W. Tryon
Street in Hillsborough.
3.
5
6– 9
10–1
APPROVAL OF MINUTES
April 4, 2018 Training Session Notes
April 4, 2018 ORC Notes
April 4, 2018Regular 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 residentsand 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
1
No.Page(s)Agenda Item
The Planning Board pledges to the residentsof Orange County its respect. The Board asks
its residentsto conduct themselves in arespectful, courteous manner, both with the Board
and with fellow residents. At any time, should any member of the Board or any residentfail
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.
6.CHAIR COMMENTS
7.1-UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS –HP-CZ
(HOME PARK –CONDITIONAL ZONING)DISTRICT -To make a
recommendation to the BOCC ongovernment-initiated amendments to
the text of the UDO that will clean up items that were inadvertently
omitted from amendments that were adopted in 2017.Thisitem is
scheduled for public hearing on June 5, 2018.
Presenter:Patrick Mallett, Planner II
8.UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS –ADD USES
TO HP-CZDISTRICT -To make a recommendation to the BOCC on
government-initiated amendments to the text of the UDO that will add
allowable potential uses in the HP-CZ District.This item is scheduled
for public hearing on June 5, 2018.
Presenter:Patrick Mallett,Planner II
9.UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS –
SUBDIVISION REVIEW PROCESS -To make a recommendation to the
BOCC ongovernment-initiated amendments to the text of the UDO that
will modify subdivision review processes, in accordance with Session
Law 2017-10.This item is scheduled for public hearing on June 5,
2018.
Presenter:Patrick Mallett,Planner II
10.UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS –NIM
CLARIFICATIONS -To make a recommendation to the BOCCgovernment-
initiated amendments to the text of the UDO that will clarify
requirements for Neighborhood Information Meetings (NIM).This item is
scheduled for public hearing on June 5, 2018.
Presenter:Michael Harvey, Current Planning Supervisor
11.ADJOURNMENT
IF AN EMERGENCY OCCURS,OR IF YOU ARE RUNNING LATE FOR THE MEETING,PLEASE LEAVE A VOICE MAIL FOR
PERDITA HOLTZ (919-245-2578).
2
< April May 2018 June>
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
Regular BOCC
Meeting
7:00 pm
Whitted
Building
Planning Board
Meeting
7:00 pm*
(Training
Session
6:00pm)
WCOB 004
BOCC Work
Session
7:00pm
Southern
Human
Services
6 7 8 9 10 11 12
Board of
Adjustment
(BOA) Meeting
Whitted
Building
7PM
BOCC Budget
Public Hearing
7:00pm
Whitted
Building
13 14 15 16 17 18 19
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
OUTBoard
meeting @
6:30 pm
WCOB 004
BOCC Budget
Public Hearing
7:00pm
Southern
Human
Services
20 21 22 23 24 25 26
BOCC Budget
Work Session
7:00 pm
Whitted
Building
27 28 29 30 31
Holiday BOCC Budget
Work Session
7:00pm
Southern
Human
Services
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
3
< May June 2018 July>
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
Notes:
* Planning Board Member Attendance Required or
Expected
WCOB = West Campus Office Building (131 W.
Margaret Lane, Hillsborough)
3 4 5 6 7 8 9
BOCC Meeting
Whitted
Building
7:00pm
Planning Board
meeting*
7:00pm
(Training
Session
6:00pm)
WCOB
Room 004
BOCC Budget
Work Session
7:00pm
Southern
Human
Services
10 11 12 13 14 15 16
BOCC Budget
Work Session
7:00pm Whitted
Building
17 18 19 20 21 22 23
BOCC Meeting
Southern
Human
Services
7:00pm
OUTBoard
Meeting
6:30pm
WCOB Room
004
24 25 26 27 28 29 30
4
1
SUMMARY NOTES1
ORANGE COUNTY PLANNING BOARD2
APRIL 4,20183
TRAINING SESSION4
5
NOTE: A quorum is not required for Planning Board Training Sessions. 6
7
MEMBERS PRESENT:Kim Piracci, At-Large;Adam Beeman, Cedar Grove Township Representative; Alexander Gregory, 8
Chapel Hill Township Representative; Randy Marshall(Vice-Chair), At Large Bingham Township;Paul Guthrie, At-Large 9
Chapel Hill Township; Carrie Fletcher,Bingham Township Representative. 10
11
MEMBERS ABSENT: Laura Nicholson, Eno Township Representative;Lydia Wegman (Chair), At-Large Chapel Hill Township 12
Representative;Buddy Hartley, Little River Township Representative;Patricia Roberts, Cheeks Township Representative;13
Hunter Spitzer, At-Large, Hillsborough Township;David Blankfard, Hillsborough Township Representative;14
15
16
STAFF PRESENT:Perdita Holtz, Planning Systems Supervisor17
18
19
AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION –Staff will lead training in various planningtopics using on-line 20
videos produced by the UNC School of Government and augmented as necessary by staff-produced 21
materials. This will be a monthly training session for several months;beginning in January 2018 and 22
ending after all of the video modules have been completed.23
PRESENTER:Perdita Holtz, Planning Systems Coordinator24
25
26
Perdita Holtz conducted a training session on various aspects of planning.27
28
Meeting was adjourned by consensus.29
5
DRAFT
SUMMARY NOTES1
ORANGE COUNTY PLANNING BOARD2
APRIL 4,20183
ORDINANCE REVIEW COMMITTEE4
5
NOTE:A QUORUM IS NOT REQUIRED FOR ORDINANCE REVIEW COMMITTEE MEETINGS.6
7
MEMBERS PRESENT: Randy Marshall (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy 8
Marshall, At-Large; David Blankfard, Hillsborough Township Representative; Paul Guthrie, At-Large Chapel Hill 9
Township; Laura Nicholson, Eno Township Representative; Alexander Gregory, Chapel Hill Township 10
Representative; David Blankfard,Hillsborough Township Representative; Hunter Spitzer, At-Large; Adam Beeman, 11
Cedar Grove Township Representative; Carrie Fletcher, Bingham Township Representative; 12
13
MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; BuddyHartley, Little River 14
Township Representative; Patricia Roberts, Cheeks Township Representative; 15
16
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, 17
Planner II; Meredith Kern, Administrative Assistant II. 18
19
AGENDA ITEM 1:Call to Order and Roll Call 20
21
Randy Marshall called the meeting to order at 7 p.m.22
23
AGENDA ITEM 2:UNIFIEDDEVELOPMENTORDINANCE(UDO)TEXTAMENDMENTS–FLAGPOLEANDFLAG24
REGULATIONS - To review government-initiated amendments tothe text of the Unified Development Ordinance that 25
will add regulations pertaining to flagpoles and flags. 26
27
PRESENTER:Michael Harvey, Current Planning Supervisor28
29
Michael Harvey: The Ordinance Review Committee (or ORC) is a subcommittee of the Planning Board responsible 30
for offering initial comment(s)/observation(s) on proposed text amendments to the Unified Development Ordinance 31
(or UDO). The ORC meets on an as needed basis, typically before the convening of the monthly regular Planning 32
Board meeting to review proposed text amendments in an informal, unofficial, setting.33
34
As indicated this is a subcommittee. No decisions are made during this portion of the meeting.35
36
Tonight I am going to review with you a proposed text amendment to the UDO designed to clarify standards 37
governing the height, number, and location of flagpoles as well as the size of flags erected on property within the 38
County's planning jurisdiction.39
40
The overall purpose and intent of the amendment is to ensure uniformity with respect to the display of flags and the 41
allowable height of flagpoles within Orange County. Although there are regulations contained within the UDO 42
regulating flags, there is a concern said regulations are unclear.43
44
Recently concerns have been expressed to the elected officials over the lack of clear, definitive standards, governing 45
the erection of flagpoles and size of flags that can be erected/flown.46
47
The Board of County Commissioners directed the County's Attorney office to review potential language designed to 48
clarify existing regulation(s) with respect to the overall allowable height of flagpoles as well as the allowable size of 49
flags in an effort to ensure the display of flag(s) does not dominate local skylines.50
6
DRAFT
51
Planning staff, consistent with established protocols, sought approval of an Amendment Outline Form (AOF) by the 52
Board of County Commissioners establishing the parameters of such an amendment as well as anticipated 53
timeline(s) for review and action. At its March 20, 2018 regular meeting the Board approved the Form scheduling a 54
public hearing to review the amendment at its May 1, 2018 regular meeting.55
56
The County's Attorney office provided language deemed to meet legal sufficiency requirements, which is contained 57
within Attachment 2 of your package.58
59
Theproposed regulation(s) are necessary to ensure uniformity with respect to the size and number of flags that can 60
be displayed on property as well as clarify the measurable standard that will be employed relating to the allowable 61
height any erected flagpole. 62
63
The proposed language, however, is content-neutral. The U.S. Supreme Court has previously held local 64
governments may impose reasonable restrictions on the time, place, and manner of what is viewed as protected 65
speech, provided the restrictions are narrowly tailored to serve a significant government interest, are without 66
reference to content, and leave open sufficient alternate means of communicating the message.67
The proposed language solely focuses on these categories and does not contemplate what message may or may not 68
be communicated on any erected flag.69
70
As written, the amendment would clarify existing regulations to ensure adherence to the following specific standards:71
72
1. Within a residential general use zoning district (including Rural Buffer, Agricultural Residential, and Rural 73
Residential) the amendment allows for the erection of a single flagpole with a maximum height limit of 24ft. A 74
maximum of 3 flags could be displayed, with each flag being a maximum of 24 sq.ft. in area (or 4ft. by 6ft. in size) on 75
a residentially zoned parcel;76
77
2. Within all other general use zoning districts, the amendment allows up to 3 flags and 3 individual flagpoles. Each 78
flag can be a maximum of 96 sq.ft. in area (or 8ft. by 12ft. in size). Flagpoles shall be a maximum of 54 ft. in height; 79
80
3. In all general use zoning districts a flagpole shall be required to observe a 50 ft. setback from all property lines81
82
4. As written Section 6.12.12 of the UDO would contain an amortization provision requiring nonconforming flags and 83
flagpoles, legally erected prior to the adoption of this amendment, to be brought into compliance within 1year from 84
the Ordinance being adopted.85
86
5. As written Section 6.12.13 of the UDO contains language exempting flags, no greater than 12 inches in height, 87
displayed on individual grave sites within a cemetery from the provisions of the Ordinance.88
89
As previously indicated the proposed language is content neutral and does not establish a ban on any flag.90
91
Staff has no additional comments on the proposal, which has already received approval from the County's Attorney 92
office as meeting legal sufficiency.93
94
David Blankfard asked for clarification that any flags flying now that do not meet this ordinance would have one year 95
to come into compliance. 96
97
Michael Harvey confirmed that. 98
99
Meeting was adjourned and was to reconvene after Planning Board Item 7 on Flagpole/ Flag regulations.100
101
7
DRAFT
AGENDA ITEM 4: UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS –HP-CZ(HOME PARK –CONDITIONAL 102
ZONING)DISTRICT -To review government-initiated amendments to the text of the UDO that will clean up items that 103
were inadvertently omitted from amendments that were adopted in 2017. 104
105
PRESENTER:Patrick Mallett, Planner II106
107
Patrick Mallett presented the item. He explainedthat the word “mobile” is being removed from the UDO because the 108
legal term now is a manufactured home and the intent is to allow for flexibility such as for home park operators to use 109
recreational vehicles temporarily. Also, there is a reference to existing mobile home parks and he will consult the 110
county attorney’s office on that because there is a taxation difference for mobile home parks. 111
112
113
AGENDA ITEM 5:UNIFIEDDEVELOPMENTORDINANCE(UDO)TEXTAMENDMENTS–ADDUSESTOHP-CZ114
DISTRICT - To review government-initiated amendments to the text of the UDO that will add allowable potential uses 115
in the HP-CZ District116
117
PRESENTER: Patrick Mallett, Planner II 118
119
Patrick Mallett said there is piece of property on which the county is considering creating a home park district. That 120
property would also include some governmental and recreational uses. These amendments would increase the cap 121
to 100 acres and allow for the governmental and recreational uses. 122
123
Kim Piracci said in Emerald Isle, North Carolina, there are parks that have both mobile homes and tiny homes. Is this 124
the intent? 125
126
Patrick Mallett said legally speaking, there is no such thing as a tiny home. Tiny homes have to fall in a variety of 127
categories. Most commonly, tiny homes are on wheels. They either have to be built to a stick-built standard, modular 128
home standard, or manufactured home standard or recreational vehicle model. The greatest difficulty to overcome is 129
that the framing dimensions do not meet any code. 130
131
Patrick Mallett said these amendments address home parks, manufactured homes or temporary residential units. 132
The temporary residential units have to meet the building code after being in place for 180 days. Temporary 133
residential units have a water and sewer hook-up like a recreational vehicle.134
135
Planning Director Craig Benedict said North Carolina is addressing standards for smaller homes. 136
137
AGENDA ITEM 6:UNIFIEDDEVELOPMENTORDINANCE(UDO)TEXTAMENDMENTS–SUBDIVISIONREVIEW138
PROCESS - To review government-initiated amendments to the text of the UDO that will modify subdivision review 139
processes, in accordance with Session Law 2017-10. 140
141
PRESENTER: Patrick Mallett, Planner II 142
143
Patrick Mallett said this amendment will mirror state legislation. This language created an expedited subdivision. If 144
the property is five acres and the property owner is creating no more than three lots, than the subdivision would be 145
expedited in that only a plat would be required. He thinks the intent for this regulation is for families to be able to 146
subdivide some property for family members. 147
148
149
8
DRAFT
AGENDA ITEM 7:UNIFIEDDEVELOPMENTORDINANCE(UDO)TEXTAMENDMENTS–SUBDIVISIONREVIEW150
PROCESS - To review government-initiatedamendments to the text of the UDO that will modify subdivision review 151
processes, in accordance with Session Law 2017-10. 152
153
PRESENTER: Michael Harvey, Current Planning Supervisor 154
155
Michael Harvey presented this item, which is on Page 54 of the agenda packet. He said neighborhood meetings give 156
the public an opportunity to ask questions. It also gives staff an opportunity to review and discuss at length the review 157
and approval process(for a given project). There are different requirements for neighborhood meetings in Orange 158
County. Staff is recommending keeping the neighborhood meeting for Major Telecommunications Tower Class A 159
(Special Use) Permits at 77 days before the public hearing. Staff is recommending bringing the other neighborhood 160
meetings into uniformity at 45 days before any meeting(public hearing). For conditional use districts, conditional 161
zoning districts and certain subdivisions, the datefor the meetingwill now be measured from the date of the 162
anticipated Planning Board meeting (where the project is slated for review) so that residents have time to prepare for 163
the Planning Board meeting. This creates a longer time period, separating the meeting dates out, so that residents 164
can articulate concerns. It also eliminates inconsistencies in the code. Staff is recommending that Class B 165
Telecommunications Tower Permits also be 45 days before the Board of Adjustment public hearing for uniformity. It 166
is now 42 days. 167
168
Hunter Spitzer asked why staff recommends keeping the 77-day requirement for the Class A Major 169
Telecommunications Tower Permits. 170
171
Michael Harvey answered those applications tend to be more controversial and require more information as well as 172
FCC approval and lighting of the tower, so it makes sense to require that neighborhood meeting be held further out. 173
174
Craig Benedict asked Michael Harvey to explain the difference between conditional use and conditional zoning, for 175
the benefit of new members who may not know. 176
177
Michael Harvey explained a conditional use district in the county’s code and under state law is a situation where 178
someone wants to build a gas station on property zoned residential and the county may like the gas station use(on 179
that property) but may not want the otherland uses that could be allowed if the property was rezoned(to a new non-180
residential general use zoning district). The property owner could request that the property be rezoned for that 181
specific use(development of a gas station). In a quasi-judicial setting, the property owner would show that he or she 182
complies with the code. Through the conditional use district process, only expert testimony is consideredand 183
decisions are made on said expert testimony. Under conditional zoning, the threshold for competent testimony is not 184
as high in that it does not require expert testimony. 185
186
Michael Harvey said for conditional zoning, the applicants seek approval for exactly how they plan to use the 187
property, including setting the setbacks, etc. And the board then votes to approve or deny the proposal. 188
189
190
191
192
193
Lydia N. Wegman, Chair194
9
DRAFT
MINUTES1
ORANGE COUNTY PLANNING BOARD2
APRIL 4,20183
REGULAR MEETING4
5
6
MEMBERS PRESENT:Randy Marshall (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy 7
Marshall, At-Large; David Blankfard, Hillsborough Township Representative; Paul Guthrie, At-Large Chapel Hill 8
Township; Laura Nicholson, Eno Township Representative;Alexander Gregory, Chapel Hill Township 9
Representative; David Blankfard, Hillsborough Township Representative; Hunter Spitzer, At-Large; Adam Beeman, 10
Cedar Grove Township Representative; Carrie Fletcher, Bingham Township Representative; 11
12
MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Buddy Hartley, Little River 13
Township Representative; Patricia Roberts, Cheeks Township Representative;14
15
STAFF PRESENT:Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, 16
Planner II; Meredith Kern, Administrative Assistant II.17
18
OTHERS PRESENT: Ryan Barnett; Katherine Walker; Heather Redding; Latarndva Strong; Nan Fulcher; 19
20
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL21
22
Vice Chair Randy Marshallcalled the meeting to orderand welcomed new board member Carrie Fletcher. 23
24
AGENDA ITEM 2: INFORMATIONAL ITEMS25
a.Planning Calendar for April and May26
27
AGENDA ITEM 3: APPROVAL OF MINUTES28
March 7, 2018, Training Session Notes29
March 7, 2018, Regular Meeting Minutes30
31
MOTION by Adam Beemanto approve theMarch 7, 2018,Regular Meeting Minutes. Seconded by Laura Nicholson. 32
VOTE:Unanimous33
34
AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA35
There were no changes. 36
37
AGENDA ITEM 5: PUBLIC CHARGE38
39
INTRODUCTION TO THE PUBLIC CHARGE40
The Board of County Commissioners, under the authority of North Carolina General Statute, 41
appoints the Orange County Planning Board (OCPB) to uphold the written land development laws 42
of the County. The general purpose of OCPB is to guide and accomplish coordinated and 43
harmonious development. OCPB shall do so in a manner, which considers the present and future 44
needs of its citizens and businesses through efficient and responsive process that contributes to 45
and promotes the health, safety, and welfare of the overall County. The OCPB will make every 46
effort to uphold a vision of responsive governance and quality public services during our 47
deliberations, decisions, and recommendations.48
49
50
PUBLIC CHARGE51
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 52
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 53
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 54
public charge,the Chair will ask the offending member to leave the meeting until that individual 55
10
DRAFT
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until 56
such time that a genuine commitment to this public charge is observed.57
58
AGENDA ITEM 6: CHAIR COMMENTS59
There were no comments. 60
61
AGENDA ITEM 7: UNIFIEDDEVELOPMENTORDINANCE(UDO)TEXTAMENDMENTS–FLAGPOLEANDFLAG62
REGULATIONS-To make a recommendation to the BOCC on government-initiated amendments 63
to the text of the UDO that will add regulations pertaining to flagpoles and flags. This item is 64
scheduled for public hearing on May 1, 201865
66
PRESENTER:Michael Harvey, Current Planning Supervisor67
68
Michael Harvey:Tonight I am going to review with you a proposed text amendment to the Unified Development 69
Ordinance designed to clarify standards governing the height, number, and location of flagpoles as well as the size of 70
flags erected on property within the County's planning jurisdiction. The amendment is contained within Attachment 3 71
of your packet. Attachment 2 contains the statement of consistency outlining how the proposal is consistent with the 72
provisions of the adopted Orange County Comprehensive Plan.73
74
The overall purpose and intent of the amendment is to ensure uniformity with respect to the display of flags and 75
the allowable height of flagpoles within Orange County. Although there are regulations contained within the UDO 76
regulating flags, there is a concern said regulations are unclear.77
78
As you are already aware concerns have been expressed to the elected officials over the lack of clear, definitive 79
standards, governing the erection of flagpoles and size of flags that can be erected/flown.80
81
The Board of County Commissioners directed the County's Attorney officeto reviewpotential language designed to 82
clarify existing regulation(s) with respect to the overall allowable height of flagpoles as well as the allowable size of 83
flags in an effort to ensure the display of flag(s) does not dominate local skylines.84
85
Planning staff, consistent with established protocols, sought approval of an Amendment Outline Form (AOF) by the 86
Board of County Commissioners establishing the parameters of such an amendment as well as anticipated 87
timeline(s) for review and action. At its March 20, 2018 regular meeting the Board approved the Form scheduling a 88
public hearing to review the amendment at its May 1, 2018 regular meeting.89
90
The County's Attorney office provided language deemed to meet legal sufficiency requirements, which again is91
contained within Attachment 3 of your package.92
93
As part of the review of this item, staff has supplied the Board members with an e-mail from Mr. John94
Roberts concerning the review of this item, which I would like to read into the minutes: 95
96
“Michael- 97
98
Although it does regulate flags, the current UDO is not clear that it regulates flags. The Board of Commissioners 99
directed us to amend the UDO to clarify this and to draft content neutral restrictions on flag size and height to address 100
resident concerns of individuals or groups erecting enormous flags in residentially zoned areas. With that in mind the 101
proposed language was drafted to be content-neutral so that if challenged it may survive judicial scrutiny:102
103
Regarding content-neutrality: The U.S. Supreme Court held government may impose reasonable restrictions on the 104
time, place, and manner of protected speech, provided the restrictions are narrowly tailored to serve a significant 105
government interest, are without reference to content, and leave open sufficient alternate means of communicating 106
the message. There is ample case law applying this principle to signs, flags, etc. The proposed language solely 107
focuses on these categories and does not contemplate what message may be communicated. Further the proposed 108
language regarding the number of flags allowed, dimensions, and height leaves open a property owner’s ability to fly 109
reasonably flags conveying whatever message they choose.110
11
DRAFT
111
With regard to the proposed dimensions these numbers are, as you previously noted, /{an amalgamation of all 112
previous drafts" and are proposed merely as reasonable suggestions. Size limitations may not be so restrictive that 113
they do not allow sufficient means of expression and I believe the proposed numbers allow full expression of the 114
message without allowing a property owner to negatively impact her or his neighbor.115
116
Let me know if this is responsive of you need more information.” 117
118
As I have indicatedduring the ORC committee meeting, the proposed regulation(s) are necessary to ensure 119
uniformity with respect to the size and number of flags that can be displayed on property as well as clarify the 120
measurable standard that will be employed relating to the allowable height any erected flagpole. As written, the 121
amendment would clarify existing regulations to ensureadherence tothe following specific standards:122
123
1. Within a residential general use zoning district (including Rural Buffer, Agricultural Residential, and 124
Rural Residential) the amendment allows for the erection of a single flagpole with a maximum height 125
limit of24ft. A maximum of 3 flags could be displayed, with each flag being a maximum of24 sq.in area 126
(or 4ft. by 6ft. in size) on a residentially zoned parcel;127
128
2. Within all other general use zoning districts, the amendment allows up to 3 flags and 3 individual 129
flagpoles. Each flag can be a maximum of 96 sq.ft.in area (or 8ft. by 12ft. in size). Flagpoles shall be 130
a maximum of 54 ft. in height;131
132
3. In all general use zoning districts a flagpole shall be required to observe a 50 ft. setback from all property 133
lines;134
135
4. As written Section 6.12.12 of the UDO would contain an amortization provision requiring nonconforming 136
flags and flagpoles, legally erected prior to the adoption of this amendment, to be brought into 137
compliance within 1year from the Ordinance being adopted.138
139
5. As written Section 6.12.13 of the UDO contains language exempting flags, no greater than 12 inches 140
in height, displayed on individualgrave sites within a cemetery from the provisions of the Ordinance.141
142
As previously indicated the proposed language is content neutral and does not establish a ban on any specific 143
flag. I will refer you back to the e-mail authored by John Roberts for additional detail on this matter, which I have 144
previously read into the minutes of this meeting.145
146
As part of making a recommendation on this text amendment, the Board is being asked to approve aStatement of 147
Consistency for this project, making the following findings: 148
149
Michael Harvey reviewed the Consistency Statement, Attachment 2 in the board packet, and then continued his 150
presentation: 151
152
The Planning Director's recommendation on this item is to:153
154
1.Review the proposed amendments to the UDO,155
156
2.Deliberate on the proposal as desired,157
158
3.Consider the Planning Director's and County's Attorney recommendation(s), and159
160
4.Make a recommendation to the BOCC on:161
162
The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment 2), and Proposed UDO Text 163
Amendment(s) (Attachment 3)in time for the May 1, 2018 Public Hearing.164
165 Randy Marshall asked the board if they had any questions. 166
12
DRAFT
167
Alex Gregory said that content neutral means the board is not discussing or regulating what appears on a flag. 168
169
Randy Marshallinvited the public to comment. 170
171
Ryan Barnett addressed the board. He said he lives in Sanford, North Carolina, and he thinks that this proposed 172
ordinance is a great mistake. He is a veteran and he believes that this is an attempt to constrict people’s 173
constitutional rights. This is about the Confederate flag, he said. People are not really educated on this flag, he said. 174
He said the flag is not about hate. He said he is from New York and was brainwashed in school to think the 175
Confederate flag was about hate. He said restricting the Confederate flag is part of a historical purge. He urged the 176
Planning Board to defeat the ordinance amendment and he said there will be lawsuits filed if the county passes this 177
ordinance,and he said the county will see more Confederate flags if the county passes this ordinance. 178
179
Katherine Walkeraddressed the board. She said she was born and raised in Orange County and lives in 180
Hillsborough and is in full support of this revision. She asked some questions. After one year, will flagpoles out of 181
compliance be required to comply? Also, if the house covers the area that is 50 feet back, can the flagpole be placed 182
on the house and how tall can it be? And her third question is if a tree is used as a flagpole, does the flag flying have 183
to comply with these standards? Katherine Walker also said there are others in the audience this evening in support 184
of the proposed amendment. 185
186
Michael Harvey answered Katherine Walker’s questions. He re-read the proposed clause about those flagpoles that 187
would be considered nonconforming. Effectively, there would be one year to bring the flagpole into compliance. If the 188
property owner cannot, there is a process whereby a property owner could seek a variance on the location of the 189
flagpole. Michael Harvey said the ordinance does not specify that the flags have to flown on a flagpole and all flags 190
have to meet the requirements of the applicable zone in which it is located, both for size and number of flags. 191
192
Randy Marshall askedfor clarification that the height of a house would count as part of the height of the flagpole if 193
the flagpole were located on a house. 194
195
Michael Harveyread from Section 6.12.12 for residential districts which statenot only the height limitation of a 196
flagpole but that the flagpole cannot be higher than the principal building’s roof. 197
198
Adam Beeman asked what the enforcement mechanism would be for those property owners who do not bring 199
flagpoles or flags intocompliancewithin one year of the adoption of this ordinance. 200
201
Michael Harvey answered that the county can seek judicial action. 202
203
David Blankfard asked what a property owner has to provide to obtain a permit to erect a flagpole. 204
205
Michael Harveysaid the property owner would have to provide a plat plan to show the location on the property to 206
determine setback from the property line, schematics so that staff can determine the height, and a rendering of the 207
flag’s size. County staff would then issue a zoning compliance permit. 208
209
David Blankfard asked if the property owner would have to get a civil engineer to draw the plans. 210
211
Michael Harvey answered no. And, when asked another question by David Blankfard, Michael Harvey said Orange 212
County Building Inspections would be concerned with the actual building of the structure. The Planning Department 213
would just be concerned withthe height and setback of the flagpole and size-of-flag requirements. 214
215
Heather Redding addressed the board. She said she is a member of the Hillsborough Progressives Taking Action 216
group and she thanked the board for taking public comment and taking this matter seriously. She voiced her support 217
for the amendment. She said a1,500-square-foot flag was erected outside of Charlotte, North Carolina, recently on a 218
flagpole that is 125 feet tall. This flag has a symbol on it that has been flown alongside swastikas and other hate 219
symbols in Charlottesville, Virginia. It has been flown as a symbol of retaliation, intimidation and threat. Once a flag 220
gets to be a certain size, it is not a private statement, she said. It is a public message. A public message can be 221
13
DRAFT
wonderful but it can be hateful and divisive. She urged the board not to be concerned that this is a slippery slope that 222
will lead to other regulations. 223
224
Latarndra Strongaddressed the board. She said she is with Hate-Free Schools Coalition, which workedto remove 225
symbols of hate from the Orange County Public Schools. The coalition was startedbecause a huge flag was flown on 226
the back of a truck and driven into a school parking lot. When the size becameso large that a normal person could 227
not ignore it, she felt like it wasimportant to do something for the students who did not want to see it as their school. 228
The issue for her was she felt that large flags should be regulated on public property until these large flags started to 229
be erected alongside roadson private property.She said she would be opposedto a large flag if it held different 230
content such as ahuge retail symbol. She said the regulation is about keeping our community neutral and safe. She 231
supports the amendment. 232
233
Nan Fulcheraddressed the board. She said planners restrict outdoor advertising and other signage and banners. 234
She thinks this proposed amendment is logical and preserves freedom of speech. 235
236
Randy Marshall asked if there was anyone else who did not sign up who would like to speak. There was no one. He 237
invited planning board comments. 238
239
Laura Nicholson said as a representative of the Eno Township and as a member of the Nicholson family, she would 240
like to speak. She has family members of multiple races and viewpoints and her vote is going to be content neutral 241
but reflect howwe feel about multiple flags hanging on one property. 242
243
Paul Guthrie said he supported the previous statement. He is distressed that this is a divisive issue. He has family 244
members who have served in the armed forces going back to the American Revolution. He was educated in several 245
states and he is distressed that there are people stirring up divisivenesson this issue and he advised that the 246
gentleman who came from Sanford to speak would be better off speaking to the board of commissioners in Sanford. 247
Paul Guthrie said he will vote in support of this ordinance amendment. 248
249
Adam Beeman said he did some research today and found these proposed regulations are not out of the ordinary for 250
other jurisdictions. 251
252
Michael Harveysaid that this will only be applicable within Orange County’s planning jurisdiction and not within the 253
town or city jurisdictions. 254
255
MOTION by Hunter Spitzer to recommend that the Orange County Board of Commissioners approvethe UDO text 256
amendment. Seconded by David Blankfard.257
VOTE:Unanimous258
259
AGENDA ITEM 8:ADJOURNMENT260
261
MOTION by Paul Guthrie to adjourn the meetingat 8:22 p.m.after reconvening the ORC and addressing the rest of 262
the items on that agenda. Seconded by Adam Beeman.263
VOTE:Unanimous264
____________________________________265
Lydia N. Wegman, Chair266
267
14
ORANGE COUNTY
PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date:May 2, 2018
Action Agenda
Item No.7
SUBJECT:Unified Development Ordinance (UDO) Amendments–Home Park Conditional
Zoning District (HP-CZD) Corrections
DEPARTMENT:Planning and Inspections
ATTACHMENT(S):INFORMATION CONTACT:
1.Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-02
2.Statement of Consistency
3.ProposedUDO Text Amendments
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE:To review and make a recommendation on Planning Director initiated Unified
Development Ordinance (UDO) text amendmentscorrecting references to the Home Park
Conditional Zoning District (HP-CZD) within the UDO.
BACKGROUND:In January of 2017 the BOCC approved a text amendment changing the
name of the Mobile Home Park Conditional Zoning District (MHP-CZD) to Home Park
Conditional Zoning District (HP-CZD). Unfortunately, there are still references to the MHP-CZD
within the UDO thereby creating conflict(s). The proposed amendments seekto correct these
oversights and ensure uniformity within the UDO.
For more information please refer to Attachment 1.
Planning Director Recommendation:The Planning Director recommends the approval of the
Statement of Consistency, as contained in Attachment 2, and the UDO Text Amendment
contained in Attachment 3.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing 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 amendmentsto the UDO;
2.Deliberate on the proposal as desired;
3.Consider the Planning Director’s recommendation(s);and
4.Make a recommendation to the BOCC on:
15
a. The Statement of Consistencyfor proposed UDO Text Amendment(s) (Attachment
2), and
b.Proposed UDO Text Amendment(s) (Attachment 3).
in time for the June 5, 2018Public Hearing.
16
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-02
UDO text amendment to correct and update references to the Home Park (HP)
Conditional Zoning District.
A. AMENDMENT TYPE
Map Amendments
Future Land UseMap:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO GeneralText Changes
UDO Development Standards
UDO Development Approval Processes
Section(s):1.3.8.3 (A) (3) Conditional Zoning Districts –Districts
Established;
2.3.8.4 Base Zoning Districts – Home Park(HP) Conditional
Zoning District;
3.5.5.4 Home Park;
4.5.5.5 Existing Mobile Home Parks;
5.6.12.11 Signs Permitted in All Districts.
Other:
Attachment 1
17
Form Revised 09-29-16
B. RATIONALE
1.Purpose/Mission
In accordancewith the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to the UDO to correct inconsistent references to the Home
Park Conditional Zoning District (HP-CZD).
The purpose of the amendmentisto correct these inconsistencies and ensure
uniformity within the UDO.
2.Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
InJanuary of 2017 the BOCC approved a text amendment changing the name of the
Mobile Home Park Conditional Zoning District (MHP-CZD) to Home Park Conditional
Zoning District (HP-CZD).The amendment involved updating references to the new
title throughout the UDO.
Unfortunately there are still references to the MHP-CZD within the UDO creating
conflict(s).Staff needs to amend the UDO to correct for these oversightsand ensure
uniformity.
3.Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4.New Statutes and Rules
Not applicable
C. PROCESS
a.TIMEFRAME/MILESTONES/DEADLINES
a.BOCC Authorization to Proceed
March 8, 2018
b.Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 –PlanningBoard OrdinanceReview Committee (ORC) Meeting.
There were no comments on this proposed text amendment at the April 4, 2018
ORC meeting.
18
Form Revised 09-29-16
May 2, 2018 –Planning Board Recommendation (BOCC receives agenda
materials)
d.Development Advisory Committee (DAC)
e.Legal Sufficiency Determination
f.Other
b.PUBLIC INVOLVEMENT PROGRAM
Mission/Scope:Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a.Planning Board Review:
April 4, 2018 –Planning Board OrdinanceReview Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b.Advisory Boards:
N/A
c. Local Government Review:
Staff will transmit the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for courtesy review by
April 6, 2018.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e.Outreach:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
March 15, 2018
Pending
Not applicable
General Public:
Small Area Plan Workgroup:
Other:
19
Form Revised 09-29-16
provision of County services. Costs for the required legal advertisement will be paid
from FY2017-18 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will correct existing inconsistent references within the UDO associated
with the HP-CZD district.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
20
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCETEXTAMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendmentto the Unified Development Ordinance
(UDO) updating and correcting references to the Home Park Conditional Zoning District (HP-
CZD).
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 withthe adopted 2030
Comprehensive Plan.
1.The amendment is consistent with applicable plans becauseit supports the
following 2030 Comprehensive Plan goals and objectives:
x 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 eliminating contradictory references within the
UDO concerning the HP-CZD.
c. The amendment is reasonable and in the public interest becauseit:
1.Eliminates existing inconsistencies with the UDO concerning the Home
Parks and HP-CZD.
The amendment addresses inconsistencies and outdated
references to “Mobile Home Parks and MHP-CZD” within the UDO
and updates references to the amendedHP-CZD.
ThePlanning Boardof Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
______________________ ________________________
Lydia Wegman,Chair Date
Attachment 2
21
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-63
(D) A rezoning request to a Conditional District is a voluntary procedure that is intended for
firm development proposals.
3.8.3 Districts Established
(A) Conditional Zoning Districts
(1) Conditional Zoning (CZ) Districts are floating zoning districts, permitted within
most land use designations allowing for the development of specific land uses, in
accordance with established standards.
(2) A CZ requires the approval of a rezoning by the Board of County Commissioners,
approval of a site plan or Master Plan, and may include agreed-upon conditions
of development.
(3) The following CZ districts are hereby established:
(a) Agricultural Support Enterprises (ASE-CZ)
(b) Mobile Home Park (MHP-CZ)1
(c) Master Plan Development (MPD-CZ)
(d) NC Highway 57 Speedway Area Rural Economic Development Area
(REDA-CZ-1)
(4) Land uses permitted within CZ districts shall be those uses detailed within
Section 5.2 of this Ordinance.
(5) Development standards for each district are located in Article 6 of this Ordinance.
(B) Conditional Use Districts
(1) Conditional Use Districts allow for the development of a specific land use, or land
uses, listed on the Table of Permitted Uses in Section 5.2 of this Ordinance, even
if such use is not listed as a permitted use or special use under the current
zoning designation of the subject property.
(2) Conditional Use Districts shall conform to all applicable development regulations,
including uses, for the corresponding general use zoning district, as well as any
specific use standards and development standards established in Articles 5 and
6 of this Ordinance.
(3) A Conditional Use District requires the approval of a rezoning by the Board of
County Commissioners, approval of a site plan, the issuance of a Class A
Special Use Permit, and may include agreed-upon conditions of development.
3.8.4 Where Permitted
(A) Conditional Districts are permitted in any Land Use classification and shall be located
consistent with the existing general development pattern and the objectives of the
adopted Comprehensive Plan and any adopted small area plan(s).
(B) Conditional Districts are permitted within areas subject to the Joint Planning Agreement
(JPA) between Orange County the Towns of Carrboro and Chapel Hill, subject to the
terms and standards of the JPA.
(C) Conditional Districts are permitted within the University Lake, Cane Creek, and Upper
Eno Protected and Critical Watershed Overlay Districts.
1ModifyingthenameoftheConditionalZoningDistrictconsistentwithpreviouslyapprovedtextamendments.
22
Attachment3
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-67
HP-CZ
HOME PARK
DIMENSIONAL AND RATIO STANDARDS
Tract size, min./max.
(acres) 5/50
Tract Front Setback
from ROW, min. (feet) 40
PURPOSE Tract Side Setback,
min. (feet) 20
The purpose of the Home Park Conditional Zoning (HP-CZ) District
is to provide for the development of properly located and planned
facilities for mobile home and temporary housing unit parks.
Adequate housing is fundamental to the welfare of county residents;
however, conventional housing is not consistently affordable to, nor
desired by, all members of the general public. There is also an
identified need to provide some level of flexibility for transient
residents who need to reside within the area on a temporary basis.
Where properly regulated and located, Home Parks address the
public need for alternative housing and achieve a satisfactory
relationship to adjoining and nearby property.
Tract Rear Setback,
min. (feet) 20
Individual Mobile Home
Space Size, min.
(square feet)
5,000
Temporary Residential
Unit Space Size, min.
(square feet)
2,000
APPLICABILITY Individual Space Width,
min. (feet) 50
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed mobile home district,
the relationship of the site and site development plan to adjoining
property, and the development itself.
Height, max. (feet) 25 [1]
Tract Floor Area Ratio,
max
Consistent with
residential uses in
adjacent zoning districts
Required Open Space
Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
DIMENSIONAL STANDARDS NOTES:
[1] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Required Livability
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
Required Recreation
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
HP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1.Uses shall be restricted to those indicated for the MHP-CZ District in Section 5.2. Additionally, non-residential uses are
restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for
land use restrictions.
2.Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3.The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of individual
dwellings that can be located on a parcel of property).
4.Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
23
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-68
5.See Section 5.5.4 for standards pertaining to Home Parks.
6.When a new home park is proposed to be located adjacent to an existing mobile home park2, the Standards in Section
5.5.4 shall be met.
7.Each home space shall contain only one designated temporary or permanent residential unit. Efficiency Units are
prohibited within HP-CZ districts.
8.A Temporary Residential Unit shall be allowed within a given park for a maximum of 180 days.
9.All permanent residential units within a HP-CZD shall be designed and built to the appropriate State and Housing and
Urban Development (HUD) standards and shall be served by permanent utility connections.
2Staffisupdatinglanguagetoensureconsistentwithpreviouslyapprovedchanges.
24
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-40
f.An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a.Up to 500 square feet of outdoor storage area may be
permitted in conjunction with major home occupations
provided that it is:
i.Clearly defined on the site plan and on the
ground.
ii.Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and
iii.Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.4 Home Park
(A) Standards for HP-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes and/or Temporary Residential Units, as defined by
this Ordinance, the following accessory structures and uses shall be permitted:
(a) Caretaker's or manager's home or office.
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings/facilities and areas serving only the Home Park in
which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the Home Park in which they are located.
(e) Storage buildings for individual Home Park Spaces and intended for the
exclusive use of the Home Park Space occupants shall be permitted.
Such accessory structures shall meet required setbacks from adjacent
structures.
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
(g) Sales of mobile homes and/or Temporary Residential Units already
located on approved and established Home Park Spaces.
(2) Home Park Space Requirements
25
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-41
(a) A Home Park shall be divided into individual Home Park Spaces, each
Home Park Space having an area and width consistent with Section 3.8.
The Orange County Health Department may increase the minimum area
requirements for the park and/or individual Home Park Spaces where
necessary to be consistent with groundwater resources and/or the
limitations of providing sewage disposal systems for the proposed mobile
home park.
(b) Only one mobile home or Temporary Residential Unit and its customary
accessory buildings may be located within any Home Park Space at one
time. Additional Efficiency Units or Temporary Residential Units shall not
be permitted within an occupied Home Park Space.
(c) The location of each Home Park Space must be at an elevation, distance
and angle in relation to the adjacent access drive or street such that
placement and removal of the mobile home or Temporary Residential
Unit is practical by means of customary moving equipment.
(d) The surface of each Home Park Space and the area around it shall be
graded where necessary to provide proper drainage and prevent the
accumulation of water.
(e) Each Home Park Space shall have a solid base surface consisting of at
least three inches of compacted fill dirt, crusher run or Chapel Hill gravel,
or paved slab, and it shall comply with those standards specified in the
State of North Carolina Regulations for Mobile Homes and Modular
Housing. Prior to installation of the base surface, all top soil shall be
removed from the area to be occupied by the mobile home or Temporary
Residential Unit.
(3) Unit Separation Requirements
The following separation requirements shall pertain to every mobile home and
Temporary Residential Unit within a home park.
(a) Each mobile home or Temporary Residential Unit shall be located at
least 20 feet from another mobile home or Temporary Residential Unit
and/or building within the home park. For purposes of determining
separation requirements, all attached structures, including storage
buildings, carports and covered porches, will be considered part of a
mobile home or Temporary Residential Unit.
(b) Each mobile home or Temporary Residential Unit shall be located at
least 22 feet from the right of way line or edge of pavement of an access
drive or street providing access to the space on which the mobile home
or Temporary Residential Unit is located, whichever is greater.
(c) A detached accessory structure located within an individual Home Park
Space shall be located at least five feet from any mobile home or
Temporary Residential Unit or other building.
(4) Installation of Individual Units
(a) Mobile Homes
(i) Mobile homes shall be set up and installed in accordance with
standards specified in the State of North Carolina Residential
Code and other regulations for Mobile Modular Housing.
(ii) The owner/operator of a home park shall designate a uniform
type of solid foundation enclosure or skirting fully enclosing the
crawl space beneath each mobile home. Foundation enclosures
or skirting must be installed in accordance with applicable
standards of the North Carolina State Building Code and, in any
26
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-42
event, within 90 days of placement of a mobile home on a mobile
home space.
(iii) Access shall be provided to all entrances of a mobile home by
way of steps (including handrails) and shall be permitted and
installed in accordance with the standards of the North Carolina
State Building Code. Where the residents of a mobile home
choose to install decks adjacent to entrances, the mobile home
will be required to have steps and handrails which meet the
standards of the North Carolina State Building Code until the
decks are completed.
(b) Temporary Residential Units
(i) Each Temporary Residential Unit shall be set up and installed in
accordance with standards specified in the State of North
Carolina Regulations for Recreational Vehicle (RV) Park Model
units.
(ii) Access to all entrances that are provided via permanent porches
and/or steps to the unit shall be installed in accordance with the
standards of the North Carolina State Building Code.
(5) Vehicular Access for HP-CZ Districts
(a) Each individual space shall abut an improved access drive or street
approved by the County.
(b) No individual space shall have direct vehicular access to a street or
thoroughfare other than those located within the mobile home park.
(c) The street layout within the Home Park should be appropriately related to
the topography, locations of abutting land uses, drainage patterns, street
function and other natural features of the site.
(d) The planned layout of streets should minimize overall length of streets
and provide for the safe, continuous flow of traffic.
(e) All streets shall be located within a 40 foot right of way
(f) The travelway for all streets shall be at least 18 feet in width and must
comply with the drainage standards established in this Ordinance.
(g) All streets shall be constructed with paved, all-weather surfaces
consisting of four inches of base material (crusher run) and 1 ½ inches of
1 2 asphalt or tar and gravel surface treatment consisting of a minimum
of six inches of base material (crusher run) covered with alternating
layers of tar and pea sized gravel.
(h) Every street shall have a maintained six foot wide shoulder running
parallel and adjacent to each side of the paved street surface. The
shoulder section may be used for walkways, driveways, grass or low
growing vegetative ground cover or utility rights of way.
(i) The maximum length of a cul-de-sac shall be 800 feet. Cul de sacs shall
have a paved turnaround radius of 45 feet with a right of way radius of 55
feet.
(j) No street shall intersect another street at an angle less than 60 degrees.
(k) The turning radius at street intersections shall not be less than 30 feet.
(l) Offset intersections are to be avoided, but where permitted, they shall be
separated by a minimum distance of 200 feet between street center
lines.
27
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-43
(m) Streets intersecting with a State maintained street shall conform to the
standards of the North Carolina Department of Transportation specified
in Subdivision Roads Minimum Construction Standards.
(n) Required off street parking spaces must be surfaced with at least four
inches of compacted crushed stone or an all weather paved surface.
(6) Signs
(a) Any sign erected on-site shall comply with the standards established in
Section 6.12 of this Ordinance.
(b) Traffic control signs (stop, yield, speed limit, children playing signs, etc.)
meeting the standards of the Uniform Traffic Control Manual shall be
placed throughout the mobile home park where necessary. Cul-de-sacs
shall have ‘Dead End’ street signs erected at the entrance to such
streets.
(7) Street Names, Signs & Addressing
(a) All street names shall be approved by the Orange County Planning
Department and Land Records staff.
(b) Street signs shall be located and constructed to Orange County
standards and shall be installed outside the right-of-way at all
intersections.
(c) Each applicant shall submit to the Planning Department and Land
Records for approval a space addressing system consistent with the
Orange County Addressing Ordinance. Upon approval of the home park,
the applicant shall submit an approved copy of the addressing plan to the
emergency services/fire protection agency responsible for providing such
services.
(d) Each space shall have a permanent address sign erected in accordance
with the Orange County Addressing Ordinance.
(8) Grounds and Buildings
(a) The grounds shall be maintained free of litter, debris and trash, including
but not limited to abandoned appliances, automobiles, building materials
or similar materials.
(b) Grounds, buildings and storage areas shall be maintained to prevent the
growth of ragweed, poison ivy, poison oak and other noxious weeds.
(9) Mail Facilities
(a) Within each HP-CZ district shall provide a clustered mail delivery system,
in compliance with the appropriate postal service guidelines. Applicants
shall consult the appropriate agency for the specific requirements of this
system.
(b) Access to the mail delivery facility must be designed to allow three to
four cars to stop at the mail delivery facility without conflict from passing
vehicles.
(10) Garbage & Refuse Collection
(a) All garbage and refuse shall be stored in suitable waterproof and rodent
proof receptacles which shall be kept covered with tightly fitting lids.
(b) A central collection system shall be provided either through a private
collection system for individual spaces or through the use of bulk
containers (dumpsters).
28
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-44
(c) Where bulk containers are used, there must be at least one four cubic
yard bulk container for every 16 individual spaces, which shall be
emptied weekly. Within the HP-CZ district, parks with fewer than 16
spaces shall be required to provide one container.
(d) Bulk containers shall be front loading wherever practicable. A side-
loading container may be allowed where a front-loading container is not
feasible and the property is accessible to a regular route of a side-
loading refuse collection vehicle.
(e) Where bulk containers are provided, a six inch reinforced concrete pad
shall be provided to set the set container and also support the front
wheels of the truck during the loading operation. The pad shall be 10
feet in width and 20 feet in length with at least 10 feet of the pad
accessible for the truck to drive onto in front of the dumpster container
for front loading pickup. If side loading containers are used, the pad may
be 12 feet in width and eight feet deep with no projection for the truck
wheels.
(f) Bulk refuse containers (dumpsters) shall be screened in accordance with
the provisions of Section 6.8.9 of this Ordinance.
(11) Operations
Each applicant shall submit to the Orange County Planning Department tenancy
rules and regulations governing the operation of the Home Park.
(12) Recreation Areas and Facilities
Recreation areas shall be provided in accordance with the Land Use Intensity
System included in Sections 6.3 and 7.11 of this Ordinance.
(13) Buffers and Landscaping
(a) All spaces must be located at least 100 feet from any property line, not
including street right-of-ways, regardless of the zoning district. The
disturbance of land within the 100 foot buffer is prohibited.
(b) Existing vegetation within the 100 foot buffer must be retained and
additional plantings may be required to meet the Type F buffer
standards, established in Section 6.8.6 of this Ordinance, along the
perimeter of the site.
(c) Spaces must be set back 40 feet from a public street right-of-way. The
disturbance of land and existing vegetation within the setback area is
prohibited and additional plantings may be required to meet the
standards for a Type C buffer.
(14) Utilities
(a) All utility installations shall comply with applicable building and health
codes of Orange County and the State of North Carolina, and the
requirements of the North Carolina Utilities Commission.
(b) Temporary Residential Unit utility services shall meet applicable State of
North Carolina Building Code and HUD requirements.
(c) An adequate and safe potable water supply shall be required from either
a municipal or public water system. When a municipal or public system is
not available, the mobile home park must be serviced by a supply
approved in accordance with State and local regulations.
(d) An adequate and safe method of sewage disposal shall be required.
Collection systems, sewage treatment facilities, or individual septic tank
systems shall be approved in accordance with State and local
regulations.
29
30
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
Orange County, North Carolina – Unified Development Ordinance Page 6-41
TABLE 6.8.6.D: LAND USE BUFFERS
ZONING OR USE OF ADJACENT PROPERTIES
RB
,
AR
,
RI
R-
2
,
R-
3
R-
4
,
R-
5
R-
8
,
R-
1
3
MHP
-
C
Z
O/
R
M
,
NC
-
2
,
LC
-
1
CC
-
3
,
G
C
-
4
,
EC
-
5
EI
,
I-
1
,
I-
2
,
I-
3
,
PI
D
INT
E
R
S
T
A
T
E
HIG
H
W
A
Y
ART
E
R
I
A
L
STR
E
E
T
COL
L
E
C
T
O
R
STR
E
E
T
ACT
I
V
E
FAR
M
/
AGR
I
C
U
L
T
U
R
E
Zo
n
i
n
g
o
r
U
s
e
o
f
S
u
b
j
e
c
t
P
r
o
p
e
r
t
y
RB, AR, R1 - A A B F E F F F E B B
R-2 & R-3 A - A B F D F F F D B B
R-4 & R-5 A A - B F C E E F C B B
R-8 & R-13 B B B - F B D D F C B B
MHP-CZ F F F F - F F F F F F F
O/RM, NC-2,
LC-1 E D C B F - - - F B B D
CC-3, GC-4,
EC-5 F F E D F - - - F B B D
EI, I-1, I-2, I-3,
PID F F E E F - - - F B B D
AS, ASE-CZ D A A A F A A A F B B B
Note: MPD-CZ buffers to be determined at time of approval.
(E) Natural Buffers
(1) If there is existing, healthy, natural vegetation in the area of a required buffer, it
must be preserved. If the vegetation is removed for any reason, other than in
accordance with an approved landscape and tree preservation plan, the
dimensions of the buffer shall be increased 50% and the number of required
plantings shall be increased 50%.
(2) The critical root zones of trees within the buffer must be protected if the applicant
seeks credit for preservation of existing trees. For example, if a required buffer
has a dimensional width of 30 feet, and the critical root zone extends beyond the
30 feet, the buffer will be extended to the edge of the critical root zone in the area
around the tree.
(3) If necessary, a natural buffer will be supplemented with additional plantings in
order to meet the Constructed Buffers standards established herein.
(F) Constructed Buffers
(1) If existing plantings are not sufficient to meet the buffer standards established in
this Section, additional plantings shall be installed.
(2) The plant units listed below will be considered comparable, and therefore
interchangeable, as set forth below.
(3) Option 2, Deciduous, shall not be permitted when the proposed use is non-
residential and is proposed next to a residential district or use, unless employed
with a wall, as set forth herein.
31
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-77
(D) No person may continue to operate, maintain, or leave standing any sign or part or
component thereof for more than 30 days after the permit authorizing such sign has been
revoked in accordance with this Section.
6.12.10 Maintenance
All signs, together with braces, guys and other supports shall be kept in good repair. If at any
time a sign should be abandoned, declared unsafe, or deemed poorly maintained, the Planning
Director shall notify the owner of the sign of such condition. Failure of the owner to correct the
maintenance condition shall cause the Planning Director to take appropriate legal action to have
the sign removed.
6.12.11 Signs Permitted in All Zoning Districts
The following signs are permitted in all zoning districts with the issuance of a zoning compliance
permit, in accordance with the requirements of this Section and the additional standards for each
sign established herein:
(A) Permanent Identification Signs for Subdivisions, Multi-family Developments,
Mobile Home Parks, and Schools
(1) Identification signs shall not exceed 32 square feet in area and six feet in height.
(2) Developments shall be limited to two signs at each point of ingress/egress.
(3) Signs shall be placed outside of the site visibility triangle so as not to obstruct the
view of traffic.
(4) Signs may be illuminated in such a fashion so as not to affect the view of
motorists.
(B) Signs for Non-profit Organizations on Premise
(1) Signs shall not exceed 12 square feet in area.
(2) Signs may not display any advertising matter or logo.
(3) Signs may not be illuminated.
(C) Off-Premise Religious Facility Signs
(1) Signs shall identify the name and/or location of a religious facility.
(2) Signs shall not exceed six square feet in area and may not be illuminated or
contain moving parts.
(3) Signs must be placed on a legal lot of record and the applicant shall provide a
notarized statement from all owners of property allowing the off-premise sign to
be erected on their property. There shall be only one off-premise religious facility
sign permitted per parcel and a maximum of two per intersection.
(4) The placement of a off-premise religious facility sign shall be treated as an
accessory use of property.
(D) Special Event Displays
(1) Signs or banners shall not exceed 32 square feet in area.
(2) All displays must be located outside of the right-of-way and have approval of
property owners when located on private property.
(3) Pennants
(a) Pennants may be displayed during the special event to attract attention
but only within 30 feet of the principal area where the special event is
occurring.
32
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-79
6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
(A) On-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On-premise commercial signs shall be permitted within the following zoning
districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ,
MHP-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning
districts.
(3) All on-premise commercial signs shall be setback ten feet from the front, side,
and rear property lines or the edge of any existing or projected street right-of-way
line whichever is greater. In cases where a property abuts a residential zoned
parcel of property, the side or rear yard setback requirement shall be doubled.
(4) Number of Signs Permitted
(a) One on-premise commercial sign shall be permitted per parcel.
However, one additional on-premise commercial sign may be permitted
for parcels with frontage on more than one right-of-way in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one three-dimensional sign be
permitted on-site.
(c) For multi-tenant buildings and/or sites permitted as a conditional use or
conditional zoning district, additional on-premise commercial signs or
sign area may be permitted by the Board of County Commissioners.
(5) Height of Signs
(a) Pole signs shall be limited to a height of 24 feet with a mandatory ground
clearance of eight feet from the normal or finished grade elevation of the
property at the base of the sign
(b) Ground signs shall not exceed six feet in height from the normal or
finished grade elevation of the property at the base of the sign
(6) The allowable area for on-premise commercial signs shall be determined as
follows:
(a) Single or double-faced signs shall not exceed 32 square feet in area, per
sign face. For parcels zoned CC-3, GC-4, O/RM, I-1, I-3, AS, EDB-2,
EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed 72
square feet in area for parcels that:
(i) Are larger than 60,000 square feet in area, and
(ii) Have more than 300 linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(b) Three-dimensional signs shall not exceed a maximum volume of 54
cubic feet with no dimension exceeding six feet.
33
Article 8: Nonconformities
Section 8.9: non-Conforming Uses of Major Structures, or Structures and Premises in Combination
Orange County, North Carolina – Unified Development Ordinance Page 8-4
Planning Director shall cease within two years of the adoption of this Ordinance, or any amendment
hereto, which shall cause such uses to become non-conforming. Prior to termination, the following
limitations shall apply:
(A) There shall be no enlargement, increased intensification or alterations to the use, its
permanent structure, or both.
(B) If the use ceases for more than 90 consecutive days or a total of 180 days in a one-year
period, subsequent use of the premises shall conform to the district regulations.
(C) No such use shall be located or moved to any portion of the lot other than that occupied
at the time the non-conforming status was created.
(D) No such land shall be subdivided nor any structure added, except for purposes, and in a
manner, conforming to district regulations. However, subdivision which does not increase
the degree of nonconformity shall be permitted.
SECTION 8.9: NON-CONFORMING USES OF MAJOR STRUCTURES, OR
STRUCTURES AND PREMISES IN COMBINATION
Non-conforming use of structures with a value higher than that stated in Section 8.8, or of such structures
and premises in combination, may be continued, provided that:
(A) Such uses may not be enlarged, extended, altered or replaced, except for a change to a
use permitted in the district in which located, except as provided in subsection (b) of this
section.
(B) A non-conforming use may be extended through portions of a building manifestly
arranged or intended for such use, but not otherwise, and shall not extend to occupy land
outside such building or any additional building not used for such non-conforming use at
the time that non-conforming status was established.
(C) If a non-conforming use ceases for more than 180 days in any two-year period,
subsequent use shall conform to the regulations of the district in which located.
(D) Individual mobile homes within mobile home parksHome Parks, non-conforming under
this section, may be replaced with other individual mobile homes or dwelling units,
provided that the total number of units does not exceed the number existing at the time
that the mobile park became non-conforming.
(E) Individual mobile homes not located within mobile home parksHome Parks may be
replaced with other individual mobile homes or dwelling units provided that such
replacement does not increase the degree of non-conformity.
(F) Non-conforming buildings or uses or other development may not be enlarged, replaced,
or rebuilt unless such enlargement or reconstruction is accomplished conforming to the
provisions of this Ordinance.
However, 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 that the bulk of the building or structure below the regulatory flood protection
elevation in the floodway, non-encroachment area, or stream setback is not increased
and provided that such repair, reconstruction, or replacement meets all of the other
requirements of this Ordinance.
SECTION 8.10: NON-CONFORMING STRUCTURES, OTHER THAN SIGNS
A structure which is non-conforming, due to noncompliance with one or more dimensional requirements
contained in Articles 3, 4, or 5 and which is used for a use permitted in the district in which located, may
remain, provided that:
(A) Any structural change to the building shall not increase the degree of nonconformity.
Structural changes which decrease or do not affect the degree of nonconformity shall be
permitted.
34
35
36
ORANGE COUNTY
PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date:May 2, 2018
Action Agenda
Item No.8
SUBJECT:Unified Development Ordinance (UDO)–Home Park Conditional Zoning District
(HP-CZD) Acreage and Land Use Modifications
DEPARTMENT:Planning and Inspections
ATTACHMENT(S):INFORMATION CONTACT:
1.Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-04
2.Statement of Consistency
3.Proposed UDO Text Amendments
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE:To review and make a recommendation on a Planning Director initiatedUnified
Development Ordinance (UDO)textamendment modifying maximum allowable acreage, and
permitted uses within, the Home Park Conditional Zoning District (HP-CZD).
BACKGROUND:The County has begun investigating opportunities and constraints associated
with the development of affordablehousing. This includes potentially allowing for development
of affordable housing units on County owned property in addition to existing, or proposed,
governmentfacilities (i.e. offices, parks, etc.).
One opportunity being reviewed is the development ofManufactured Homes (i.e. Mobile
Homes) through the Home Park Conditional Zoning District (HP-CZD)rezoning process.
Current regulations limit HP-CZDto a maximum allowable area of 50 acres. Staff is
recommending increasing the maximum allowable land areafor said district be increased to 100
acres.
Further, staff has determined that parks and government facilities are not listed as permitted
uses of property within the HP-CZD. If the properties under consideration were rezoned, other
uses such as a publicpark could not be developed.The proposed amendment will address this
issue by allowing for the development of parks and government facilities within the District.
For more information please refer to Attachment 1.
Planning Director Recommendation:The Planning Director recommends approval of the
Statement of Consistency, as contained in Attachment 2, and the UDO Text Amendment, as
contained within Attachment 3.
37
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing 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 amendmentsto the UDO;
2.Deliberate on the proposal as desired;
3.Consider the Planning Director’s recommendation(s); and
4.Make a recommendation to the BOCC on:
a. The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment
2), and
b.Proposed UDO Text Amendment(s) (Attachment 3).
in time for the June 5, 2018Public Hearing.
38
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-04
UDO text amendment(s) modifying the maximum allowable acreage for, and including
additional permitted land uses within, the Home Park Conditional Zoning District(HP-
CZD).
A. AMENDMENT TYPE
Map Amendments
Future Land UseMap:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO GeneralText Changes
UDO Development Standards
UDO Development Approval Processes
Section(s):1.3.8 Base Zoning Districts –Home Park Conditional Zoning
District; and
2.5.2.3 Table of Permitted Uses – Conditional Zoning Districts
Other:
B. RATIONALE
1.Purpose/Mission
In accordancewith the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
39Attachment1
Form Revised 09-29-16
initiated text amendments to the UDO to increase the maximum allowable acreage
for, and include additional permitted land uses within, the Home Park Conditional
Zoning District (HP-CZD).
Specifically staff is proposingto increase the maximum allowable acreage for a
Home Park to be 100 acres versus the current limit of 50 acres and allow for
government office(s) and parkswithin the HP-CZD district.
The purpose of the amendment is to allow for larger home parks within the County,
given density limitations,thereby increasing opportunities for additional affordable
housing, and allowing for thedevelopment of additional land uses within the HP-CZD
conditional zoning district.
2.Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
The County has begun investigating the various opportunities and constraints
associated with the development ofaffordable housing units, including the
development of mobile home parks through the Home Park Conditional Zoning
District (HP-CZD) process.Staff has been directed to investigate the possibility of
locating a HP-CZD district on County property in addition to other existing, or
proposed, governmentoperated facilities (i.e. offices, parks, etc.).
Residential density, based on the Watershed Protection Overlay district a given
parcel is located within, can berelatively low. In order to cluster density to ‘threshold’
numbers, a larger parcel is suggested.Current regulations limit HP-CZDto a
maximum allowable area of 50 acres. Staff is recommending increasing the
maximum allowable land area that can be zoned allowing for the development of a
HP-CZD to 100 acres.
Further, staff has determined parks and government facilities are not listed as
permitted uses of property within the HP-CZD.
The proposed amendment will address this issue by allowingfor the possible
development of mobile home and recreational vehicle parks and government facilities
within the District.
3.Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Objective Housing –4.1: Continue to permit HUD code-compliant manufactured
housing as a form of affordable housing in the County.
Objective Land Use – 4.1: Support the use of individual manufactured housing units
as a useful housing resource in the County by increasing the opportunities where
these units can locate by-right.
40
Form Revised 09-29-16
4.New Statutes and Rules
Not applicable
C. PROCESS
a.TIMEFRAME/MILESTONES/DEADLINES
a.BOCC Authorization to Proceed
March 8, 2018, modified April 17, 2018
b.Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 –Planning Board Ordinance Review Committee (ORC) meeting –
There were no comments on this proposed text amendment at the April 4, 2018
ORC meeting.
May 2, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d.Development Advisory Committee (DAC)
e.Legal Sufficiency Determination
f.Other
b.PUBLIC INVOLVEMENT PROGRAM
Mission/Scope:Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a.Planning Board Review:
April 4, 2018 –Planning Board OrdinanceReview Committee (ORC) meeting.
May 2, 2018 – Planning Board Recommendation.
b.Advisory Boards:
N/A
c. Local Government Review:
Staff will transmit the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for courtesy review by
March 15, 2018
April 23, 2018
Not applicable
41
Form Revised 09-29-16
April 6, 2018.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e.Outreach:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2017-18 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will allow for the development of parks and government facilities within
the HP-CZD district as well as increase allowable acreage for the district.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
42
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCETEXTAMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendmentto the Unified Development Ordinance
(UDO) increasingthe maximum allowable acreage for, and includingadditional permitted land
uses within, the Home Park Conditional Zoning District (HP-CZD).
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 withthe adopted 2030
Comprehensive Plan.
1.The amendment is consistent with applicable plans becauseit supports the
following 2030 Comprehensive Plan goals and objectives:
x Objective Housing – 4.1: Continue to permit HUD code-compliant
manufactured housing as a form of affordable housing in the
County.
These amendmentsare consistent with this goal and
objective by increasing the maximum allowable acreage of
property that can be rezoned to HP-CZD thereby increasing
the number of individual manufactured housing units that
can be located within the district.
x Objective Land Use – 4.1: Support the use of individual
manufactured housing units as a useful housing resource in the
County by increasing the opportunities where these units can
locate by-right.
These amendments are consistent with this objective by
increasing the maximum allowable acreage of property that
can be rezoned to HP-CZD thereby increasing the number of
individual manufactured housing units that can be located
within the district. The amendment also expands permitted
uses within the district allowing for more opportunities for co-
location of home parks on County owned property where
there are existing facilities (i.e. offices, parks, etc.).
c. The amendment is reasonable and in the public interest becauseit:
1.Increasesopportunities to develop affordable housing.
The amendment increases the land area that can be rezoned to
HP-CZD thereby allowing for the location of additional
manufactured housing units.
2.Allows for additional governmental land uses within the HP-CZD.
The proposed regulations allow for increased opportunities for the
County to partner with developers to locate HP-CZD on County
Attachment 2
43
owned property where existing, or proposed, government land uses
are located (i.e. offices, parks, etc.).
ThePlanning Boardof Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
______________________ ________________________
Lydia Wegman,Chair Date
44
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-67
HP-CZ
HOME PARK
DIMENSIONAL AND RATIO STANDARDS
Tract size, min./max.
(acres) 5/501001
Tract Front Setback
from ROW, min. (feet) 40
PURPOSE Tract Side Setback,
min. (feet) 20
The purpose of the Home Park Conditional Zoning (HP-CZ) District
is to provide for the development of properly located and planned
facilities for mobile home and temporary housing unit parks.
Adequate housing is fundamental to the welfare of county residents;
however, conventional housing is not consistently affordable to, nor
desired by, all members of the general public. There is also an
identified need to provide some level of flexibility for transient
residents who need to reside within the area on a temporary basis.
Where properly regulated and located, Home Parks address the
public need for alternative housing and achieve a satisfactory
relationship to adjoining and nearby property.
Tract Rear Setback,
min. (feet) 20
Individual Mobile Home
Space Size, min.
(square feet)
5,000
Temporary Residential
Unit Space Size, min.
(square feet)
2,000
APPLICABILITY Individual Space Width,
min. (feet) 50
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed mobile home district,
the relationship of the site and site development plan to adjoining
property, and the development itself.
Height, max. (feet) 25 [1]
Tract Floor Area Ratio,
max
Consistent with
residential uses in
adjacent zoning districts
Required Open Space
Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
DIMENSIONAL STANDARDS NOTES:
[1] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Required Livability
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
Required Recreation
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
HP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the MHP-CZ District in Section 5.2. Additionally, non-residential uses are
restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for
land use restrictions.
1StaffisrecommendingincreasingthemaximumallowableacreagethatcanberezonedtoHPͲCZDfrom50to100
acres.Thiswillallowforlargerhomeparksandanincreaseintheopportunityforadditionalaffordablehousing
options.Further,increasingtheacreagewillallowforadditionalunitsinareasoftheCountywithmorerestrictive
densitylimitations(i.e.UniversityLakeandCaneCreekWatershedProtectionOverlayDistrictswheredensityis
typically1unitforevery5acresofproperty).
45Attachment3
Ar
t
i
c
l
e
5
:
U
s
e
s
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Pa
g
e
5
-
2
4
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
HP
-
C
Z
RE
D
A
-
C
Z
-
1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
m
u
s
t
l
i
s
t
s
p
e
c
i
f
i
c
u
s
e
s
f
o
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
a
p
p
r
o
v
a
l
^:
U
s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
r
o
v
e
d
o
n
p
a
r
c
e
l
s
l
o
c
a
t
e
d
i
n
t
h
e
R
u
r
a
l
B
u
f
f
e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
i
c
a
t
i
o
n
,
a
s
d
e
s
i
g
n
a
t
e
d
b
y
t
h
e
a
d
o
p
t
e
d
C
o
m
p
r
eh
e
n
s
i
v
e
P
l
a
n
.
EXT
R
A
C
T
I
V
E
USE
S
Ex
t
r
a
c
t
i
o
n
o
f
E
a
r
t
h
P
r
o
d
u
c
t
s
GOV
E
R
N
M
E
N
T
A
L
USE
S
Go
v
e
r
n
m
e
n
t
a
l
F
a
c
i
l
i
t
i
e
s
&
O
f
f
i
c
e
B
u
i
l
d
i
n
g
s
*
*2
Go
v
e
r
n
m
e
n
t
a
l
P
r
o
t
e
c
t
i
v
e
S
e
r
v
i
c
e
s
(
P
o
l
i
c
e
&
F
i
r
e
S
t
a
t
i
o
n
s
)
R
e
s
c
u
e
Sq
u
a
d
s
,
V
o
l
u
n
t
e
e
r
F
i
r
e
D
e
p
a
r
t
m
e
n
t
s
*
*3
Mi
l
i
t
a
r
y
I
n
s
t
a
l
l
a
t
i
o
n
s
(
N
a
t
i
o
n
a
l
G
u
a
r
d
&
R
e
s
e
r
v
e
A
r
m
o
r
y
)
Pu
b
l
i
c
A
d
m
i
n
i
s
t
r
a
t
i
o
n
(
S
e
c
t
o
r
9
2
)
*
MAN
U
F
A
C
T
U
R
I
N
G
, ASS
E
M
B
L
Y
& PRO
C
E
S
S
I
N
G
As
s
e
m
b
l
y
a
n
d
P
a
c
k
a
g
i
n
g
O
p
e
r
a
t
i
o
n
s
I
n
c
l
u
d
i
n
g
D
i
s
t
r
i
b
u
t
i
o
n
a
n
d
Ma
i
l
O
r
d
e
r
H
o
u
s
e
s
,
B
u
t
E
x
c
l
u
d
i
n
g
O
n
-
P
r
e
m
i
s
e
s
R
e
t
a
i
l
O
u
t
l
e
t
s
*
In
d
u
s
t
r
i
a
l
,
H
e
a
v
y
*
In
d
u
s
t
r
i
a
l
,
L
i
g
h
t
*
In
d
u
s
t
r
i
a
l
,
M
e
d
i
u
m
*
Ma
n
u
f
a
c
t
u
r
i
n
g
(
S
e
c
t
o
r
3
1
-
3
3
)
*
Mi
c
r
o
b
r
e
w
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
*
*
Ph
a
r
m
a
c
e
u
t
i
c
a
l
P
r
o
d
u
c
t
s
*
Pr
i
n
t
i
n
g
&
L
i
t
h
o
g
r
a
p
h
y
*
Sa
w
m
i
l
l
s
^
*
Wi
n
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
*
*
MED
I
C
A
L
USE
S
2St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
in
c
l
u
d
i
n
g
th
i
s
la
n
d
us
e
.
Th
e
r
e
ap
p
e
a
r
s
to
be
op
p
o
r
t
u
n
i
t
y
to
al
l
o
w
fo
r
al
l
o
w
i
n
g
fo
r
Ho
m
e
Pa
r
k
s
on
Co
u
n
t
y
ow
n
e
d
pr
o
p
e
r
t
y
as
pa
r
t
of
en
c
o
u
r
a
g
i
n
g
/
p
r
o
m
o
t
i
n
g
af
f
o
r
d
a
b
l
e
ho
u
s
i
n
g
op
p
o
r
t
u
n
i
t
i
e
s
.
Th
i
s
wi
l
l
be
in
ad
d
i
t
i
o
n
to
th
e
de
v
e
l
o
p
m
e
n
t
of
es
s
e
n
t
i
a
l
Co
u
n
t
y
se
r
v
i
c
e
s
th
a
t
ca
n
no
t
on
l
y
be
n
e
f
i
t
Ho
m
e
Pa
r
k
re
s
i
d
e
n
t
s
,
bu
t
th
e
ge
n
e
r
al
pu
b
l
i
c
as
we
l
l
.
Pl
e
a
s
e
no
t
e
on
l
y
th
o
s
e
go
v
e
r
n
i
n
g
fa
c
i
l
i
t
i
e
s
an
d
of
f
i
c
e
bu
i
l
d
i
n
g
s
pr
o
p
o
s
e
d
/
a
p
p
r
o
v
e
d
as
pa
r
t
of
th
e
Ho
m
e
Pa
r
k
Co
n
d
i
t
i
o
n
a
l
Zo
n
i
n
g
Di
s
t
r
i
c
t
(H
P
ͲCZ
D
)
ap
p
l
i
c
a
t
i
o
n
su
b
m
i
t
t
a
l
pr
o
c
e
s
s
,
de
t
a
i
l
e
d
in
Se
c
t
i
o
n
2.
9
of
th
e
UD
O
,
wo
u
l
d
be
al
l
o
w
e
d
.
3St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
go
v
e
r
n
m
e
n
t
pr
o
t
e
c
t
i
v
e
se
r
v
i
c
e
s
be
in
c
l
u
d
e
d
as
an
al
l
o
w
a
b
l
e
us
e
s
wi
t
h
i
n
aHo
m
e
Pa
r
k
.
46
Ar
t
i
c
l
e
5
:
U
s
e
s
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Pa
g
e
5
-
2
5
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
HP
-
C
Z
RE
D
A
-
C
Z
-
1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
m
u
s
t
l
i
s
t
s
p
e
c
i
f
i
c
u
s
e
s
f
o
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
a
p
p
r
o
v
a
l
^:
U
s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
r
o
v
e
d
o
n
p
a
r
c
e
l
s
l
o
c
a
t
e
d
i
n
t
h
e
R
u
r
a
l
B
u
f
f
e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
i
c
a
t
i
o
n
,
a
s
d
e
s
i
g
n
a
t
e
d
b
y
t
h
e
a
d
o
p
t
e
d
C
o
m
p
r
eh
e
n
s
i
v
e
P
l
a
n
.
He
a
l
t
h
S
e
r
v
i
c
e
s
:
O
v
e
r
1
0
,
0
0
0
S
q
.
F
t
.
*
He
a
l
t
h
S
e
r
v
i
c
e
s
:
U
n
d
e
r
1
0
,
0
0
0
S
q
.
F
t
*
Ho
s
p
i
t
a
l
s
*
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
*
*
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
,
m
o
b
i
l
e
*
*
Ve
t
e
r
i
n
a
r
y
H
o
s
p
i
t
a
l
s
*
*
REC
R
E
A
T
I
O
N
A
L
USE
S
Ar
t
s
,
E
n
t
e
r
t
a
i
n
m
e
n
t
&
R
e
c
r
e
a
t
i
o
n
(
S
e
c
t
o
r
7
1
)
Bo
t
a
n
i
c
a
l
G
a
r
d
e
n
s
&
A
r
b
o
r
e
t
u
m
s
*
Ca
m
p
/
R
e
t
r
e
a
t
C
e
n
t
e
r
*
Go
l
f
D
r
i
v
i
n
g
a
n
d
P
r
a
c
t
i
c
e
R
a
n
g
e
s
*
Gu
e
s
t
R
a
n
c
h
*
Pa
r
k
s
,
P
u
b
l
i
c
*
*
*
Re
c
r
e
a
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
*
Go
l
f
C
o
u
r
s
e
*
*
Ra
c
e
T
r
a
c
k
(
M
o
t
o
r
i
z
e
d
,
e
t
c
.
)
a
n
d
G
o
-
K
a
r
t
T
r
a
c
k
F
a
c
i
l
i
t
i
e
s
*
RES
I
D
E
N
T
I
A
L
USE
S
Dw
e
l
l
i
n
g
;
M
o
b
i
l
e
H
o
m
e
*
*
Dw
e
l
l
i
n
g
;
M
u
l
t
i
p
l
e
F
a
m
i
l
y
*
Dw
e
l
l
i
n
g
;
S
i
n
g
l
e
-
F
a
m
i
l
y
*
*
Dw
e
l
l
i
n
g
;
T
w
o
-
F
a
m
i
l
y
*
Fa
m
i
l
y
C
a
r
e
H
o
m
e
Gr
o
u
p
C
a
r
e
F
a
c
i
l
i
t
y
*
Re
h
a
b
i
l
i
t
a
t
i
v
e
C
a
r
e
F
a
c
i
l
i
t
y
*
Re
s
i
d
e
n
t
i
a
l
H
o
t
e
l
(
F
r
a
t
e
r
n
i
t
i
e
s
,
S
o
r
o
r
i
t
i
e
s
,
a
n
d
D
o
r
m
i
t
o
r
i
e
s
)
47
ORANGE COUNTY
PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date:May 2, 2018
Action Agenda
Item No.9
SUBJECT:Unified Development Ordinance (UDO) Amendments –Subdivisions
DEPARTMENT:Planning and Inspections
ATTACHMENT(S):INFORMATION CONTACT:
1.Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-05
2.Session Law 2017-10
3.Statement of Consistency
4.Proposed UDO Text Amendments
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE:To review and make a recommendation on a Planning Director initiatedUnified
Development Ordinance (UDO)text amendments revising regulations governing the processing
of subdivision applications.
BACKGROUND:On May 4, 2017, Session Law 2017-10 (Attachment 2) modified the review of
subdivision proposals by local governments, specifically:
1.Created a newcategory of exempt subdivision, and
2.Limitedlocal governments to requiring only a plat for recordation (i.e. submittal of a
Final Plat containing information required within Section 7.13.3of the UDO) for a
division of land in single ownership meeting specific criteria.
For more specificity, please refer to Attachment 1.
Staff is proposing to amend the UDO to incorporate these changes in order to ensure local land
use regulations are consistent with applicable State law.
Planning Director Recommendation:ThePlanning Director recommends approval of the
Statement of Consistency, as contained in Attachment 3, and the UDO Text Amendment
contained within Attachment 4.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing 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 amendmentsto the UDO,
48
2.Deliberate on the proposal as desired,
3.Consider the Planning Director’s recommendation(s), and
4.Make a recommendation to the BOCC on:
a. The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment
3), and
b.Proposed UDO Text Amendment(s) (Attachment 4).
in time for the June 5, 2018Public Hearing.
49
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-05
UDO text amendment to update existing subdivision regulations to incorporate recent
changes in State law creating the expedited subdivision review process.
A. AMENDMENT TYPE
Map Amendments
Future Land UseMap:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO GeneralText Changes
UDO Development Standards
UDO Development Approval Processes
Section(s):1.Section 2.14 Minor Subdivisions
2.Section 7.2 Classification of Subdivisions
3.Section 7.2.1 Exempt Subdivisions
Other:
B. RATIONALE
1.Purpose/Mission
In accordancewith the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
Attachment 1
50
Form Revised 09-29-16
initiated text amendments to the UDO to incorporate recent changes in State law
relating to the processing of subdivisions.
The purpose of the amendment is to ensure consistency with State law.
2.Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
NC General Statue (NCGS) 153A-335 defines a subdivision as: ‘divisions of a tract or
parcel of land into two or more lots, building sites, or other divisionswhen any one or
more of those divisions are created for the purpose of sale or building development
(whether immediate or future) and includes all division of land involving the
dedication of a new street or a change in existing streets’.
Session Law 2017-10, adopted May 4, 2017, modified the review of subdivision
proposals by localgovernments as follows:
1.Created a new category of exempt subdivision (i.e. a division of property
not included within the definition of a ‘subdivision’ and not subject to
regulation), specifically the ‘division of a tract into parcels in accordance
with the terms of a probated will or in accordance with intestate succession
under Chapter 29 of the General Statutes’; and
2.Limitedlocal governments to requiring only a plat for recordation (i.e. a
Final Plat application as detailed in Section 2.14.3 of the UDO) for a
division of land in single ownership meeting the following criteria:
a. Parcel being divided is not considered an exempt subdivision
under State law;
b.No part of the property has been divided within the last 10 years;
c. The parcel is greater than 5 acres in area;
d.No more than 3 parcels are created; and
e.The resultant lots comply with all of the following:
i.Applicable dimensional and size requirements based on the
general use zoning district,
ii.The use of the lots is in conformity with local land use
regulations, and
iii.A permanent means of ingress/egress is recorded for each
lot.
Staff mustamend the UDO to incorporate these changes in order to ensure local land
use regulations are consistent with applicable State law.
51
Form Revised 09-29-16
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
Session Law 2017-10 (Attachment 2)
C. PROCESS
a.TIMEFRAME/MILESTONES/DEADLINES
a.BOCC Authorization to Proceed
March 8, 2018
b.Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 –Planning Board OrdinanceReview Committee (ORC) meeting –
There were no comments on this amendment package at the April 4, 2018 ORC
meeting.
May 2, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d.Development Advisory Committee (DAC)
e.Legal Sufficiency Determination
f.Other
b.PUBLIC INVOLVEMENT PROGRAM
Mission/Scope:Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a.Planning Board Review:
April 4, 2018 –Planning Board Ordinance Review Committee (ORC) meeting.
There were no comments on this proposed text amendment at the April 4, 2018
ORC meeting.
May 2, 2018 –Planning Board Recommendation.
b.Advisory Boards:
Not applicable
March 15, 2018
April 23, 2018
Not Applicable
52
Form Revised 09-29-16
c. Local Government Review:
Not applicable
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e.Outreach:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement willbe paid
from FY2017-18 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment is necessary to ensure County regulatory standards are consistent with
State law.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 4.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
53
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2017-10
SENATE BILL 131
*S131-v-7*
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF
NORTH CAROLINA.
The General Assembly of North Carolina enacts:
PART I. BUSINESS REGULATION
EMPLOYMENT STATUS OF FRANCHISES
SECTION 1.1.Article 2A of Chapter 95 of the General Statutes is amended by
adding a new section to read:
"§ 95-25.24A. Franchisee status.
Neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the
franchisor for any purposes, including, but not limited to, this Article and Chapters 96, 97, and
105 of the General Statutes. For purposes of this section, "franchisee" and "franchisor" have the
same definitions as set out in 16 C.F.R. § 436.1."
STREAMLINE MORTGAGE NOTICE REQUIREMENTS
SECTION 1.2.G.S. 45-91 reads as rewritten:
"§ 45-91. Assessment of fees; processing of payments; publication of statements.
A servicer must comply as to every home loan, regardless of whether the loan is considered
in default or the borrower is in bankruptcy or the borrower has been in bankruptcy, with the
following requirements:
(1) Any fee that is incurred by a servicer shall be both:
a. Assessed within 45 days of the date on which the fee was incurred.
Provided, however, that attorney or trustee fees and costs incurred as
a result of a foreclosure action shall be assessed within 45 days of the
date they are charged by either the attorney or trustee to the servicer.
b. Explained clearly and conspicuously in a statement mailed to the
borrower at the borrower's last known address within 30 days after
assessing the fee, provided the servicer shall not be required to take
any action in violation of the provisions of the federal bankruptcy
code. The servicer shall not be required to send such a statement for a
fee that: (i) results that either:
1. Is otherwise included in a periodic statement sent to the
borrower that meets the requirements of paragraphs (b), (c),
and (d) of 12 C.F.R. § 1026.41.
2. Results from a service that is affirmatively requested by the
borrower, (ii) is paid for by the borrower at the time the
service is provided, and (iii) is not charged to the borrower's
loan account.
(2) All amounts received by a servicer on a home loan at the address where the
borrower has been instructed to make payments shall be accepted and
54Attachment2
Senate Bill 131 Session Law 2017-10 Page 9
(2) A statement rejecting the zoning amendment and describing its
inconsistency with an adopted comprehensive plan and explaining why the
action taken is reasonable and in the public interest.
(3) A statement approving the zoning amendment and containing at least all of
the following:
a. A declaration that the approval is also deemed an amendment to the
comprehensive plan. The governing board shall not require any
additional request or application for amendment to the
comprehensive plan.
b. An explanation of the change in conditions the governing board took
into account in amending the zoning ordinance to meet the
development needs of the community.
c. Why the action was reasonable and in the public interest.
(c) Prior to consideration by the governing board of the proposed zoning amendment,
the planning board shall advise and comment on whether the proposed amendment is consistent
with any comprehensive plan that has been adopted and any other officially adopted plan that is
applicable. plan. The planning board shall provide a written recommendation to the governing
board that addresses plan consistency and other matters as deemed appropriate by the planning
board, but a comment by the planning board that a proposed amendment is inconsistent with
the comprehensive plan shall not preclude consideration or approval of the proposed
amendment by the governing board.
(d) Zoning regulations shall be designed to promote the public health, safety, and
general welfare. To that end, the regulations may address, among other things, the following
public purposes: to provide adequate light and air; to prevent the overcrowding of land; to
avoid undue concentration of population; to lessen congestion in the streets; to secure safety
from fire, panic, and dangers; and to facilitate the efficient and adequate provision of
transportation, water, sewerage, schools, parks, and other public requirements. The regulations
shall be made with reasonable consideration, among other things, as to the character of the
district and its peculiar suitability for particular uses, and with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout such city.
(e) As used in this section, "comprehensive plan" includes a unified development
ordinance and any other officially adopted plan that is applicable."
SECTION 2.4.(d)G.S. 160A-400.32 reads as rewritten:
"§ 160A-400.32. Relationship of agreement to building or housing code.code;
comprehensive plan amendment.
(a) A development agreement adopted pursuant to this Chapter shall not exempt the
property owner or developer from compliance with the State Building Code or State or local
housing codes that are not part of the local government's planning, zoning, or subdivision
regulations.
(b) When the governing board approves the rezoning of any property associated with a
development agreement adopted pursuant to this Chapter, the provisions of G.S. 160A-383
apply."
SECTION 2.4.(e)Nothing in this section shall repeal, modify, or amend any prior
or subsequent local act giving authority to a governing board to delegate zoning decisions to a
planning board, planning agency, or planning commission.
SECTION 2.4.(f)This section becomes effective October 1, 2017, and applies to
proposed zoning amendment applications filed on or after that date.
PARENT PARCEL/SUBDIVISION CLARIFICATION
SECTION 2.5.(a)G.S. 153A-335 reads as rewritten:
"§ 153A-335. "Subdivision"defined.
55
"§ 153A-335. "Subdivision"defined.
Page 10 Session Law 2017-10 Senate Bill 131
(a) For purposes of this Part, "subdivision" means all divisions of a tract or parcel of
land into two or more lots, building sites, or other divisions when any one or more of those
divisions are created for the purpose of sale or building development (whether immediate or
future) and includes all division of land involving the dedication of a new street or a change in
existing streets; however, the following is not included within this definition and is not subject
to any regulations enacted pursuant to this Part:
(1) 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 as shown in its subdivision
regulations.
(2) The division of land into parcels greater than 10 acres if no street
right-of-way dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening
streets or for public transportation system corridors.
(4) The division of a tract in single ownership 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.
(5) The division of a tract into parcels in accordance with the terms of a
probated will or in accordance with intestate succession under Chapter 29 of
the General Statutes.
(b) A county may provide for expedited review of specified classes of subdivisions.
(c) The county may require only a plat for recordation for the division of a tract or
parcel of land in single ownership if all of the following criteria are met:
(1) The tract or parcel to be divided is not exempted under subdivision (2) of
subsection (a) of this section.
(2) No part of the tract or parcel to be divided has been divided under this
subsection in the 10 years prior to division.
(3) The entire area of the tract or parcel to be divided is greater than five acres.
(4) After division, no more than three lots result from the division.
(5) After division, all resultant lots comply with all of the following:
a. Any lot dimension size requirements of the applicable land-use
regulations, if any.
b. The use of the lots is in conformity with the applicable zoning
requirements, if any.
c. A permanent means of ingress and egress is recorded for each lot."
SECTION 2.5.(b)G.S. 160A-376 reads as rewritten:
"§ 160A-376. Definition.
(a) For the purpose of this Part, "subdivision" means all divisions of a tract or parcel of
land into two or more lots, building sites, or other divisions when any one or more of those
divisions is created for the purpose of sale or building development (whether immediate or
future) and shall include all divisions of land involving the dedication of a new street or a
change in existing streets; but the following shall not be included within this definition nor be
subject to the regulations authorized by this Part:
(1) The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the resultant
lots are equal to or exceed the standards of the municipality as shown in its
subdivision regulations.
(2) The division of land into parcels greater than 10 acres where no street
right-of-way dedication is involved.
56
(5) The division of a tract into parcels in accordance with the terms of a
probated will or in accordance with intestate succession under Chapter 29 of
the General Statutes.
(b) A county may provide for expedited review of specified classes of subdivisions.
(c) The county may require only a plat for recordation for the division of a tract or
parcel of land in single ownership if all of the following criteria are met:
(1) The tract or parcel to be divided is not exempted under subdivision (2) of
subsection (a) of this section.
(2) No part of the tract or parcel to be divided has been divided under this
subsection in the 10 years prior to division.
(3) The entire area of the tract or parcel to be divided is greater than five acres.
(4) After division, no more than three lots result from the division.
(5) After division, all resultant lots comply with all of the following:
a. Any lot dimension size requirements of the applicable land-use
regulations, if any.
b. The use of the lots is in conformity with the applicable zoning
requirements, if any.
c. A permanent means of ingress and egress is recorded for each lot."
Yellowtextadded
byGeneral
Assembly
Page 44 Session Law 2017-10 Senate Bill 131
"(e) The Department, in consultation with the Commission for Public Health and local
health departments, shall report no later than October 1 of each year to the Environmental
Review Commission, the House of Representatives and Senate Appropriations Subcommittees
on Natural Joint Legislative Oversight Committee on Agriculture and Natural and Economic
Resources and the Fiscal Research Division of the General Assembly on the implementation of
this section. The report shall include the purpose and amount of all expenditures from the Fund
during the prior fiscal year, a discussion of the benefits and deficiencies realized as a result of
the section, and may also include recommendations for any legislative action."
REDIRECT REPORT ON PARKS AND RECREATION TRUST FUND TO THE ANER
OVERSIGHT COMMITTEE
SECTION 4.23.G.S. 143B-135.56(f) reads as rewritten:
"(f) Reports. – The North Carolina Parks and Recreation Authority shall report no later
than October 1 of each year to the Joint Legislative Commission on Governmental Operations,
the House and Senate Appropriations Subcommittees on Natural and Economic Resources,
Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research
Division, and the Environmental Review Commission on allocations from the Trust Fund from
the prior fiscal year. For funds allocated from the Trust Fund under subsection (c) of this
section, this report shall include the operating expenses determined under subdivisions (1) and
(2) of subsection (e) of this section."
PART V. SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 5.1. If any section or provision of this act is declared unconstitutional or
invalid by the courts, it does not affect the validity of this act as a whole or any part other than
the part declared to be unconstitutional or invalid.
SECTION 5.2.Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 27th day of April,
2017.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 5:27 p.m. this 4th day of May, 2017
57
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCETEXTAMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendmentto the Unified Development Ordinance
(UDO) incorporating recent changes in State law governing the processing of subdivisions.
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 withthe adopted 2030
Comprehensive Plan.
1.The amendment is consistent with applicable plans becauseit supports the
following 2030 Comprehensive Plan goals and objectives:
x 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 incorporating recent changes in State law
related to the processing of subdivision requests.
c. The amendment is reasonable and in the public interest becauseit:
1.Ensures legal sufficiency by eliminating contradictory regulations and
guidelines.
These amendments ensureuniformity by incorporating recent
amendments to State law outlining the processing of subdivision
requests.
ThePlanning Boardof Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
______________________ ________________________
Lydia Wegman,Chair Date
Attachment 3
58
Article 2: Procedures
Section 2.14: Minor Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-45
(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 Processes and Flow Charts
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 Types of Review1
(A) Traditional Review
Minor subdivisions that do
not qualify for Expedited
Review under Section
7.2.2 of this Ordinance,
shall adhere to the
traditional review process
comprised of a Concept
Plan and Final Plat
Application.
(B) Expedited Review
Subdivisions qualifying for
Expedited Review under
Section 7.2.2 of this
Ordinance shall require
only an application and plat
for recordation.
2.14.3 Expedited Review
(A) Review and Action
(1) The Planning
Director shall
determine if the
plat and
application
conform with the
requirements of
Section 7.2.2 of
this Ordinance.
(2) A completed
application shall be
entered into the
permit record.
1TheCounty’sAttorneyofficeisrecommendingsplittingoutreferencesto‘traditionalminorsubdivision’and
‘expeditedsubdivision’reviews.ProposedlanguageistakenverbatimfromtheAttorney’ssuggestion(s).
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
Traditional
Review
Neighborhood Information Meeting
(Flexible Development with more than 5 lots)
59Attachment4
Article 2: Procedures
Section 2.14: Minor Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-46
(3) The Planning
Director shall make
a final
determination on
the approval or
denial of the
application within
five business days
from the submittal
of the application.
(4) If the application is
approved, the
Planning Director
shall notify the
applicant.
(5) If the application is denied, the Planning Director shall issue a letter to the
applicant detailing the reasons for denial and identifying modifications necessary
for potential approval.
(B) Action Subsequent to Approval
(1) The Planning Director shall sign the plat and accompany the applicant to the
Office of the Register of Deeds for recording.
2.14.22.14.4 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
(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
Recordation of Plat at Orange
County Register of Deeds
Submittal of Expedited Review
Application & Plat
Expedited Minor
Subdivisions
60
MinorSubdivisions
-ExpeditedReview
Article 2: Procedures
Section 2.14: Minor Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-47
(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.
(a) The review shall include determining the presence of any sites identified
in "An Inventory of Sites of Cultural, Historic, Recreational, Biological and
Geological Significance in the Unincorporated Portions of Orange
County" and "Inventory of the Natural Areas and Wildlife Habitats of
Orange County, North Carolina".
(4) The DAC shall make a recommendation to the Planning Director regarding the
application no later than five business days after the DAC meeting.
(5) The Planning Director shall make a final determination on the approval or denial
of the application within five business days from the submittal of the DAC
recommendation.
(6) If the application is approved, the Planning Director shall issue a letter of
approval authorizing the applicant to begin the process of developing the Final
Plat application package. The Concept Plan shall for valid for one year from the
date of approval.
(7) If the application is denied, the Planning Director shall issue a letter to the
applicant detailing the reasons for denial and identifying modifications necessary
for potential approval.
2.14.32.14.5 Final Plat
Upon approval of the Concept Plan by the Planning Director, the subdivider may proceed with the
preparation of the Final Plat.
(A) Application Requirements
(1) Applications shall be submitted on forms provided by the Planning Department in
accordance with Section 2.2 of this Ordinance.
61
Orange County, North Carolina – Unified Development Ordinance Page 7-1
ARTICLE 7: SUBDIVISIONS
SECTION 7.1: GENERAL PROVISIONS
7.1.1 Purpose
(A) The purpose of this Article is to guide and regulate the subdivision of land within Orange
County, for sale or building development, in order to:
(1) Ensure the public health, safety, and welfare;
(2) Provide for the sound use of land;
(3) Ensure adequate planning of street systems;
(4) Avoid overcrowding of land;
(5) Prevent fire, panic, and other dangers;
(6) Ensure that water and sewage systems are safe and adequate;
(7) Prevent flood damage;
(8) Facilitate an orderly use of land;
(9) Ensure the proper legal description and monumenting of subdivided land; and
(10) Encourage the proper management of Orange County's natural resources.
(B) It is the expressed purpose of this Article to provide for, in addition to the above, the
protection of water resources in Orange County, through the use, alone or in
combination, of buffer zones, varying lot sizes, slope restrictions, vegetation, or other
equally effective techniques. Innovative techniques on the part of the developer are
encouraged where these techniques can be shown to be as effective as the specific
requirements of the Article.
7.1.2 Jurisdiction and Applicability
(A) In accordance with the North Carolina General Statutes, no person may subdivide their
land within the planning jurisdiction of Orange County except in accordance with the
provisions of this Ordinance.
(B) No subdivision shall be recognized by the Planning Department until a final plat of the
subdivision has been approved and signed by the Planning Director and recorded in the
Orange County Register of Deeds Office, including the recordation of any additional
documentation required by this Ordinance.
(C) As provided in North Carolina General Statutes, the Orange County Review Officer shall
not certify a plat of any subdivision within the County’s subdivision jurisdiction unless the
plat has been approved in accordance with the provisions of this Ordinance.
7.1.3 Compliance with Plans and Other Applicable Regulations
All subdivisions shall comply with applicable general provisions, standards, and policies outlined
within this Ordinance and the Orange County Comprehensive Plan, as well as with any special
planning studies, small area plans, corridor plans, or special planning studies approved or
adopted by the Board of County Commissioners.
SECTION 7.2: CLASSIFICATION OF SUBDIVISIONS
Subdivisions shall be classified as Exempt, Minor, or Major, in accordance with the provisions of this
Section. Review procedures for all subdivisions are contained in Article 2.
62
Article 7: Subdivisions
Section 7.2: Classification of Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 7-2
7.2.1 Exempt Subdivisions
(A) In accordance with North Carolina General Statutes, the following activities do not
constitute a subdivision and are expressly exempt from established review and approval
processes, provided that the property’s exempt status is confirmed in accordance with
the procedures detailed in Article 2:
(1) 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.
(2) The division of land into parcels greater than ten acres if no street right-of-way
dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening
streets.
(4) 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 detailed within this Ordinance.
(5) The division of a tract into parcels in accordance with the terms of a probated will
or in accordance with intestate succession under Chapter 29 of the General
Statutes.2
(B) Exempt subdivision shall be required to meet all applicable requirements for the granting
of zoning and building permits.
7.2.2 Minor Subdivisions
(A) A subdivision shall be classified as “minor” if it does not:3
(A)(1) Create more than:
(1)(a) Five lots, including the residual acreage, following the Conventional
subdivision design model; or
(2)(b) Twelve lots, including the residual acreage, following the Flexible
Development subdivision design model, from any one tract of land in any
ten year period;
(B)(2) Dedicate or improve any new public street other than widening an existing public
street;
(C)(3) Extend public water and/or sanitary sewerage systems other than laterals to
serve individual lots; and
(D)(4) Necessitate the installation of drainage improvements which would require
easements through one or more lots to serve other lots.
(B) A subdivision shall be classified as “expedited” for divisions of a tract or parcel of land in
single ownership meeting all of the following criteria:4
(1) The tract or parcel to be divided is not exempt under the provisions of the
Ordinance,
2SessionLaw2017Ͳ10createdanewcategoryof‘exemptsubdivision’toincludeadivisionofpropertyresulting
fromaprobatedwill.StaffisincorporatingthisnewlanguagetoensureconsistencywithStatelaw.
3Theformatofexistingregulationsisbeingmodifiedtoaccommodatenecessarychangestothesectionand
ensureconsistency.
4SessionLaw2017Ͳ10limitslocalgovernmentstorequiringafinalplatforcertaindivisionsofproperty.Staffis
modifyingtheUDOtoincludethisprovisionandapplicablecriteriatoensureconsistencywithStatelaw.
63
Article 7: Subdivisions
Section 7.3: Phasing of Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 7-3
(2) No part of the tract or parcel to be divided has been divided within the past 10
years from the date of application submittal,
(3) The entire area of the tract or parcel to be divided is greater than five acres,
(4) No more than 3 lots result from the division,
(5) All resultant lots comply with the following:
(a) Lot dimension and size requirements of applicable land use regulations,5
(b) The use of the lot(s) is in conformity with applicable zoning requirements,
and
(c) A permanent means of ingress and egress is recorded for each lot.
(6) Plats for expedited subdivisions shall comply with applicable final plat
specifications as detailed within Section 7.13.3 of this Ordinacne.
7.2.3 Major Subdivisions
(A) A major subdivision is any subdivision that is not an Exempt or Minor subdivision, as
classified in subsections 7.2.1 and 7.2.2. Major subdivisions are further classified as
follows:
(1) Major Subdivision, Standard
All subdivisions not classified as an Exempt Subdivision; Minor Subdivision;
Major Subdivision, Class A Special Use; or Major Subdivision, Conditional Use.
(2) Major Subdivision, Class A Special Use, Rural Designated
A tract of land in a Rural Designated area on the Growth Management System
map that is proposed for a subdivision of 21-40 lots.
(3) Major Subdivision, Class A Special Use, Urban Designated
A tract of land in an Urban Designated area on the Growth Management System
map that is proposed for a subdivision of 21-79 lots.
(4) Major Subdivision, Conditional Use, Rural Designated
A tract of land in a Rural Designated area on the Growth Management System
map that is proposed for a subdivision of 41 or more lots.
(5) Major Subdivision, Conditional Use, Urban Designated
A tract of land in an Urban Designated area on the Growth Management System
map that is proposed for a subdivision of 80 or more lots.
(B) For the purpose of determining whether a subdivision is a Major Subdivision, Class A
Special Use (Rural Designated or Urban Designated), or a Major Subdivision, Conditional
Use District (Rural Designated or Urban Designated), the number of lots created shall be
determined by counting the cumulative number of lots created, through subdivisions, on a
tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land
Records of Orange County as of November 5, 2003.
SECTION 7.3: PHASING OF SUBDIVISIONS
A major subdivision may be developed in phases, provided that:
(A) Each phase contains at least five lots, unless depicted on a phasing plan approved by the
Board of County Commissioners as part of the preliminary subdivision plat with the
express determination that the proposed phasing makes it unlikely that a subdivider
5StaffinterpretsthistoincludedensityrequirementsbasedonaparcelslocationwithinaWatershedProtection
OverlayDistrict.
64
ORANGE COUNTY
PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date:May 2, 2018
Action Agenda
Item No.10
SUBJECT:Unified Development Ordinance (UDO) and Zoning Atlas Amendments –
Modification of Neighborhood Information Meeting (NIM) Requirements
DEPARTMENT:Planning and Inspections
ATTACHMENT(S):INFORMATION CONTACT:
1.Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-03
2.Statement of Consistency
3.Proposed UDO Text Amendments
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE:To review and make a recommendation on a Planning Director initiatedUnified
Development Ordinance (UDO)text amendment updating existing requirements for holding
Neighborhood Information Meetings (NIM).
BACKGROUND:NIMsare typically required for several types of projects (i.e. Special Use
Permits, Conditional Use Districts/Conditional ZoningApplications, Major Subdivision Concept
Plans,and government land uses, etc.). NIMs are heldbefore formal review of an application
commences (i.e. staff, Planning Board, or BOCC). The goal of the NIM is twofold:
a.Allow interested parties to review/askthe applicant questions about the project;and
b.Allow staff to explain the review process for a given application.
For more information on NIMs, including asynopsis of existing meetingrequirements, please
refer to Attachment 1.
Staff has heard from members of the public, the Planning Board, and elected officials that NIMs
appear to beoccurring too close to the Planning Board meeting to be of any real benefit.
Further, there is apparent confusion as to when NIMs are required to occur.
The proposed amendment(s) seek to establish, to the greatest extent possible, uniformity with
respect to the scheduling of NIMs for projects reviewed by the BOCC where a recommendation
is made by the Planning Board.Staff believes these amendments will address the concerns
with the turnaround time between NIMs and Planning Board meetings, establish desired
uniformity within the UDO where possible, and still allow for adequate time for local residents to
become informed of projects and required review processes.
Planning Director Recommendation: The Planning Director recommends approval of the
Statement of Consistency, as contained in Attachment 2, and the UDO Text Amendment, as
contained within Attachment 3.
65
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing staff, included in the Departmental staffing budget,
will accomplish the work required to process this amendment.
RECOMMENDATION(S): The Planning Director recommends the PlanningBoard:
1.Review the proposed amendmentsto the UDO,
2.Deliberate on the proposal as desired,
3.Consider the Planning Director’s recommendation(s), and
4.Make a recommendation to the BOCC on:
a. The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment
2), and
b.Proposed UDO Text Amendment(s) (Attachment 3).
in time for the June 5, 2018Public Hearing.
66
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-03
UDO text amendment to correct timeline for the holding of a neighborhood meeting
A. AMENDMENT TYPE
Map Amendments
Future Land UseMap:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO GeneralText Changes
UDO Development Standards
UDO Development Approval Processes
Section(s):1.Section 2.7.5 Special Use Permits –Neighborhood
Information Meeting;
2.Section 2.9.1 (D) Conditional Use District – Neighborhood
Information Meeting;
3.Section 2.9.2 (D) Conditional Zoning District – Neighborhood
Information Meeting;
4.Section 5.10 8 (B) (2) Balloon Test – Telecommunication
Facilities – Class B Special Use Permits
Attachment 1
67
Form Revised 09-29-16
Other:
B. RATIONALE
1.Purpose/Mission
In accordancewith the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to the UDO to amend the timeframe for holding of
neighborhood information meetings. The purpose of the amendment is to eliminate
confusion on the required time frame for holding neighborhoodinformation meetings
and ensure uniformity within the UDO.
2.Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
Neighborhood Information Meetings (NIM) are typically required for several types of
projects (i.e. special use permits, conditional use districts/conditional zoning
applications, major subdivision concept plan, government land uses, etc.) and are
typically required to occurbefore formal review commences (i.e. staff, Planning
Board, or BOCC)
A synopsis of the currentrequirements is as follows:
1.Section 2.7.5 Special Use Permits (Class A or B not including
telecommunication facilities): NIM held a minimum of 45 days prior to public
hearing.
2.Section 5.10.8 (B) (2) Telecommunication Facilities:
a.For Class A permit applications (i.e. 200 ft. and taller) a balloon test is
held a minimum of 11 weeks (77 days) prior to the public hearing. Staff
attends the balloon test and conducts the NIM on-site.
b.For Class B permit applications (i.e. 76ft to 199.9 ft.) a balloon test is
held a minimum of 6 weeks (42 days) prior tothe public hearing. Staff
attends the balloon test and conducts the NIM on-site.
3.Section 2.9.1 (D) Conditional Use District(CUD): NIM held a minimum of 45
days prior to the public hearing.
4.Section 2.9.2 (D) Conditional Zoning District(CZD): NIM held a minimum of
14 days prior to the public hearing.
5.2.14.2 (B) Minor Subdivisions.For a minor subdivisionutilizing the flexible
developmentoption with more than 5 lots, a NIM is required once the concept
application is accepted for review (i.e. after determined to be complete) by
staff.
The UDO does not establish a specific timeline as to when this meeting is
held. Standard practice has been the NIM is held before staff takes formal
68
Form Revised 09-29-16
action on the application.
6.2.15.2 (D) Major subdivision: NIMheld a minimum of 14 days prior to the
review of theConcept Planby the Planning Board.
7.Section 2.24.2 (A) Government Uses: Has to occur prior to the formal
submittal of the Zoning Compliance Permit/Site Plan application to the
Planning Department for processing.
Staff has heard from some members of the public, Planning Board members, and
elected officials that NIMs are typically occurringtoo close to the Planning Board
meeting to be of any real benefit.
Further, with respect to telecommunication facilities requiring a Class B Special Use
Permit (i.e. 76ft to 199.9 ft.)there is an inherent conflict between the requirements of
Section 5.10.8 (B) (2)(i.e. balloon test and NIM 42 days prior to the public hearing)
and Section 2.7.5 (i.e. NIM held minimum 45 days prior to public hearing)
To address these issues staff is recommendingthe following:
a.NIMS for:
x Non-telecommunication facility Class A Special Use Permits,
x CUD, and
x CZD applications
shall be required a minimum of 14 days prior to the Planning Board’s
scheduled review of the item.
b.Amend Section 5.10.8 (B) (2) to require balloon test/NIM for Class B special
use permits to occur a minimum of 45 days prior to the public hearing rather
than 42 days.
Staff believes these amendments will address some of the concerns staff has heard
over the turnaround time between NIMs and Planning Board meetings, establish
desired uniformity within the UDO where possible,and still allow for adequate time
for local residents to become informed of projectsand required review processes.
3.Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent,fair, open, efficient, and responsive.
4.New Statutes and Rules
Not applicable
C. PROCESS
a.TIMEFRAME/MILESTONES/DEADLINES
69
Form Revised 09-29-16
a.BOCC Authorization to Proceed
March 8, 2018
b.Public Hearing
June 5, 2018
c. BOCC Updates/Checkpoints
April 4, 2018 –Planning Board Ordinance Review Committee (ORC) meeting –
There were no comment(s) made on this text amendment at the April 4, 2018
ORC meeting.
May 2, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d.Development Advisory Committee (DAC)
e.Legal Sufficiency Determination
f.Other
b.PUBLIC INVOLVEMENT PROGRAM
Mission/Scope:Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a.Planning Board Review:
April 4, 2018 –Planning Board Ordinance Review Committee (ORC) meeting.
There were no comments on this proposed text amendment at the April 4,
2018 ORC meeting.
May 2, 2018 –Planning Board Recommendation.
b.Advisory Boards:
Not applicable
c. Local Government Review:
Not applicable
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e.Outreach:
March 15, 2018
April 23, 2018
Not Applicable
General Public:
70
Form Revised 09-29-16
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 willbe 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 text amendment will establish uniformity with respect to scheduling and holding
neighborhood information meetingsfor projects.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
CurrentPlanning
(919) 245-2597
mharvey@orangecountync.gov
Small Area Plan Workgroup:
Other:
71
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCETEXTAMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendmentto the Unified Development Ordinance
(UDO) modifying regulations governing the advertising and holding of neighborhood
information meetings(NIM).
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-341of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent withthe adopted 2030
Comprehensive Plan.
1.The amendment is consistent with applicable plans becauseit supports the
following 2030 Comprehensive Plan goals and objectives:
x 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 clarifying when neighborhood information
meetings are held for various projects.
c.The amendment is reasonable and in the public interest becauseit:
1.Eliminates existing inconsistencies with the UDO concerning the timeframe
for holding neighborhood information meeting(NIM).
The amendment address concerns staff has heard over the
turnaround time between NIMs and Planning Board meetings,
establish desired uniformity within the UDO where possible, and
still allow for adequate time for local residents to become informed
of projects and required review processes.
ThePlanning Boardof Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
______________________________________________
Lydia Wegman,Chair Date
Attachment 2
72
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-20
(6) A list of all parcels located within 500 feet of the subject parcel and the name and
address of each property owner, as currently listed in the Orange County tax
records.
(7) Elevations of all structures proposed to be used in the development.
(8) For Class A Special Uses 26 copies and for Class B Special Uses 10 copies of
the Environmental Assessment and/or Environmental Impact Statement, if
required by Section 6.16.
(9) Method of disposal of trees, limbs, stumps and construction debris associated
with the permitted activity, which shall be by some method other than open
burning.
(10) Statement from the applicant indicating the anticipated development schedule for
the build-out of the project.
(11) Statement from the applicant in justification of any request for vesting for a period
of more than two years (five years maximum).
2.7.4 Staff Review
(A) The Planning Director shall cause an analysis to be made of the application by qualified
representatives of the County and other agencies or officials as appropriate.
(1) 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.
(a) 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.
(b) 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.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
2.7.5 Neighborhood Information Meeting
(A) Before a Public Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information meeting. The purpose of the
meeting is to obtain surrounding property owner input and comments on the proposed
development project and allow staff an opportunity to explain the review process
associated with the request.
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
shall mail notices of the meeting date and time via first class mail to each property owner
within one thousand feet of the property for which a Special Use has been requested.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 10 days prior to the date of the meeting.
73Attachment3
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-21
(E) The meeting shall be held a minimum of: 1
(1) 14 days prior to the date of the Planning Board meeting where the application is
scheduled for review (Class A Special Use Permit applications). 2
(2) of 45 days prior to the date of the Public Hearing (Class B Special Use Permit
applicaitons).3
(F) Neighborhood information meetings for telecommunication facilities shall be held in
accordance with the provisions of Section 5.10.8 (B) (2).
2.7.6 Notice Requirements for Class A Special Use Permits
(A) The Planning Director shall give notice of the date, time and place of the Planning Board
meeting at which the Planning Board is scheduled to review a Special Use Permit
application.
(1) Written notice shall be sent by first class mail to all adjacent property owners not
less than ten days before the Planning Board meeting date. Adjacent property
owners are those whose property lies within one thousand feet of the affected
property and whose names and addresses are currently listed in the Orange
County tax records. The outside of the envelope or postcard shall be marked
“Notice of Planning Board Meeting.”
(2) The Planning Director shall post on the affected property a notice of the Planning
Board meeting at least ten days prior to the date of said meeting.
(3) Notices may be combined with notice of the Neighborhood Information Meeting
required in Section 2.7.5.
(B) The Planning Director shall give notice of the date, time and place of the public hearing to
be held to receive evidence in the form of testimony and exhibits pertaining to the
application for a Special Use.
(1) Written notice shall be sent by first class mail to all adjacent property owners at
least ten days but not more than 25 days before the hearing date. Adjacent
property owners are those whose property lies within one thousand feet of the
affected property and whose names and addresses are currently listed in the
Orange County tax records. The outside of the envelope or postcard shall be
marked “Notice of Public Hearing.”
(2) The Planning Director shall post on the affected property a notice of the public
hearing at least ten days but not more than 25 days prior to the date of said
hearing.
(3) Notice of the public hearing shall be published in a newspaper of general
circulation in Orange County once a week for two successive weeks, with the first
notice to be published not less than ten days nor more than 25 days prior to the
date of the 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.
1StaffisamendingtheUDOtocreateuniformitywithrespecttotheholdofneighborhoodmeetingsforvarious
projects.
2Staffhasheardcommentsfromtheelectedofficials,thegeneralpublic,andPlanningBoardmembersNIMsare
occurringtooclosetothePlanningBoardmeetingtoserveausefulpurpose.TheamendmentwillrequiretheNIM
tobeheldaminimumof14dayspriortothePlanningBoardmeetingwheretheprojectisgoingtobediscussed.
Thiswill,hopefully,allowforsufficienttimeforallconcernedpartiestopreparetodiscusstheprojectatthe
PlanningBoardmeeting.
3AsareminderClassBSpecialUsePermitsarereviewed/acteduponbytheBoardofAdjustmentwithno
review/recommendationbythePlanningBoard.
74
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-31
(2) Class A Special Use Permit (Section 2.7), and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CUD application form, an applicant shall also submit the
following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5
including the following:
(i) A detailed description of the proposed use of property including
an outline of the proposed operational characteristics of the
proposed development,
(ii) A detailed traffic survey, regardless of the estimated number of
trips per day, prepared in accordance with all applicable North
Carolina Department of Transportation (NC DOT) requirements
or standards as well as Section 6.17 of this Ordinance,
(iii) The appropriate environmental document prepared in
accordance with Section 6.16; and
(iv) A landscape plan showing the location of on-site significant
trees; proposed screening, buffers, and landscaping; and any
proposed treatment of any existing natural features.
(b) A summary of utility services, including processing of wastewater.
(c) A schedule of construction of all elements of the proposal; and
(d) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) 26 copies of the application package required in (1) above shall be submitted by
the applicant.
(3) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CUD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CUD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail notices of the meeting date
and time via first class mail to each property owner within one thousand feet of
the property for which a CUD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
75
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-32
(5) The Neighborhood Information Meeting meeting shall be held a minimum of 45
14 days prior to the date of the Public HearingPlanning Board meeting where the
application is scheduled for review and public comment. 4
(E) Review and Evaluation of Application
(1) All CUD applications shall be reviewed and acted upon in accordance with the
review procedures for Class A Special Use Permits (Section 2.7).
(2) The following shall be considered when evaluating an application for a CUD:
(a) The policies and objectives of the Orange County Comprehensive Plan,
particularly in relation to the use, proposed site, and surrounding area;
(b) The policies and objectives of any adopted Small Area Plan(s) relating to
the area; and
(c) The potential impacts to the surrounding area including, but not limited,
to: traffic, storm water drainage, compatibility of land use activities, and
land values.
(3) The Board of County Commissioners may attach reasonable and appropriate
conditions to the location, nature, and extent of the proposed use. Such
conditions may address the following:
(a) The characteristics of the proposed use and its relationship to
surrounding property and existing land uses,
(b) The proposed support facilities, such as parking, screening and buffer
areas,
(c) The timing of the proposed development,
(d) Architectural review and controls,
(e) The Permitted and Special Uses allowed under the existing zoning
classification, and,
(f) Other matters that the BOCC may find appropriate or the applicant may
propose.
(F) Approval and Conditions
(1) The Board of County Commissioners shall take action on the application in the
following manner:
(a) Approve or deny the application to change the zoning designation of the
parcel to the appropriate CUD designation,
(b) Approve or deny the Special Use Permit application, and
(c) Approve or deny the CUD permit application.
(2) Specific conditions may be proposed by the applicant or the County, or its
agencies, but only those conditions mutually agreed upon by the County and the
petitioner may be incorporated into the SUP and/or CUD permit requirements.
(3) The applicant shall have a reasonable opportunity to consider and respond to
any requirements/conditions requested by the County prior to final action by the
Board of County Commissioners on the disposition of the CUD application. The
applicant shall agree in writing to any conditions prior to a final decision on the
application.
(G) Issuance of Permit
4TheamendmentisnecessarytocreatethedesiredconsistencywithrespecttotheholdingofaNIM.
76
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-34
Applications to rezone property to a CZD shall be submitted to the Planning Director and
shall be processed in accordance with the procedure(s) for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Site plans (Section 2.5) for CZDs that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CZD application form, an applicant shall also submit the
following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for Master Plan Development (MPD)-CZD
applications (see (C)(2) below).
(b) A detailed description of the proposed use of property including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated number of trips per
day, prepared in accordance with all applicable North Carolina
Department of Transportation (NC DOT) requirements or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accordance with
Section 6.16.
(e) A landscape plan showing the location of on-site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewater. For
Home Park (HP) CZD, the utility service plan shall specify if the
proposed services are temporary or permanent connections.
(g) A schedule of construction of all elements of the proposal.
(h) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development (MPD) CZD shall include the requirements in Section 6.7. The
requirements of (1)(b) through (1)(h) above are applicable for MPD-CZ
applications.
(3) 26 copies of the application package required in (1) and (2) above shall be
submitted by the applicant.
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CZD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail notices of the meeting date
and time via first class mail to each property owner within one thousand feet of
the property for which a CZD has been requested.
77
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-35
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
(5) The Neighborhood Information Meeting meeting shall be held a minimum of 14
days prior to the date of the Public HearingPlanning Board meeting where the
application is scheduled for review and public comment.
(E) Review and Evaluation of Application
The review, processing, and evaluation of a CZD application is a legislative process
subject to judicial review using the same procedures and standards of review that apply
to general use district zoning decisions.
(F) Approval and Conditions
(1) The Board of County Commissioners shall take action on the application to
rezone the property in accordance with the procedures outlined within Section
2.8.
(2) The applicant or the County may recommend that reasonable and appropriate
conditions be attached to the approval of the application
(3) Conditions and site-specific standards shall be limited to those that address the
conformance of the development to County ordinances, the adopted
Comprehensive Plan, or any other relevant plans that address the impacts
reasonably expected to be generated by the proposed development. Any such
conditions may address:
(a) The compatibility of the proposed development with surrounding
property,
(b) Proposed support facilities (i.e. roadways and access points, parking
areas and driveways, pedestrian and vehicular circulation systems,
screening and buffer areas, the timing of development, street and right-
of-way improvements, storm water drainage, the provision of open
space, etc), and/or
(c) All other matters the County may find appropriate or the petitioner may
propose.
(4) Conditions of approval may include dedication to the County or State, as
appropriate, of any rights-of-way or easements for streets, water, sewer, or other
public utilities necessary to serve the proposed development.
(5) The applicant shall have a reasonable opportunity to consider and respond to
any requirements/conditions requested by the County prior to final action by the
Board of County Commissioners on the disposition of the application. The
applicant shall agree in writing to any conditions prior to a final decision on the
application.
(G) Effect of Approval
(1) Approval of a CZD is binding on the property and the development and use of the
subject property shall be governed by the Ordinance requirements applicable to
the specific CZD district and all approved conditions.
(2) The applicant shall comply with all requirements established in the CZD
Ordinance. Only those uses and structures included in the CZD Ordinance and
approved site plan shall be allowed on the subject property.
(H) Zoning Atlas Designation
78
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-102
designed to function, which may be required to be determined by the
manufacturer’s published specifications for the customer equipment.
(j) Approval of the Planning Director to verify consistency with the definition
of stealth facility is required.
(k) All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures.
(l) No tower shall be permitted to exceed its designed loading capacity. For
all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the
structure can support the load superimposed from the wireless support
structure. All wireless support structures shall have the capacity to
permit multiple users; at a minimum monopole wireless support
structures shall be structurally designed to accommodate four users and
self-support/lattice or guyed wireless support structures shall, at a
minimum accommodate three users.
(B) General Submittal Requirements – Special Use Permits
In addition to the general submittal requirements detailed herein, and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
of this Ordinance, applicants shall be required to adhere to the following:
(1) Overall Policy and Desired Goals
The overall policy and desired goals for Special Use Permits for wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a) Alternatives to constructing new wireless support structures, including
but not limited to the collocation of wireless telecommunications
equipment and mitigating the visual effect of a wireless
telecommunication support structure to an extent not commercially
impracticable; and
(b) The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) Balloon Test5
(a) The applicant shall, at least six weeks45 days6, 7 prior to a Class B
Special Use Permit public hearing andor Planning Board meeting where
5Theballoontestrequiredforatelecommunicationfacilityserves2purposesnamely:allowinterestedpartiesto
seeavisualrepresentationoftheheightoftheproposedtowerandtheholdingofaneighborhoodmeeting
allowingstaffandtheapplicanttoreviewtheproject.
6ReferencestorequiredneighborhoodmeetingswithintheUDOaretypicallyindaysversusweeks.Staffis
modifyingthissectiontoensureconsistency.
7ThetypicaltimeframeforaNIMforaClassBSpecialUsePermitis45days.Staffisproposingtomodifythe
timeframeforaballoontestforatelecommunicationfacilitiesreviewedunderthisprocesstobe45daysversus42
days(i.e.6weeks)forconsistencypurposes.
79
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-103
a Class A Special Use Permit application is scheduled for review8 at
least 11 weeks prior to a Class A Special Use Permit public hearing,
conduct a balloon test whereby the applicant shall arrange to fly, or raise
upon a temporary mast, a minimum of 10’3” in length, brightly colored
red or orange balloon at the maximum height of the proposed new
wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) A notice of the dates (including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date), times, and location
of the balloon test shall be mailed, by certified mail, return receipt
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
This notice shall also inform local residents that a neighborhood
information meeting shall be held the day of the balloon test so that the
applicant can explain the proposal and Planning staff, including the
County’s telecommunications consultant, can explain the Special Use
Permit review process.
(d) The primary date shall be on a weekend (excluding legal holidays), but to
prevent delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least 14 days in advance.
(f) The applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning Staff.
The signs shall measure no more than nine square feet in area and no
less than four square feet in area, giving the contact information of the
County Planning Department, the proposed dates, times, and location of
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification as stated above.
(3) Submittal Requirements
In addition to the information required herein as well as Section 2.7, the following
shall be submitted as part of the application:
(a) A site plan showing the following:
(i) The entire site (including property boundary lines) and size of all
existing structures within 500 feet of the site,
(ii) Existing and proposed structures on site,
(iii) The fall zone of the tower,
(iv) Existing and proposed topography at a contour interval of five
feet and
8Toensureconsistency,staffisrequiringtheNIMtobeheldinadvanceofthePlanningBoardmeetingwherean
applicationisslatedforreview.Thiswillactuallyresultinaballoontestforatelecommunicationfacilitytobeheld
morethan77days(i.e.11weeks)priortoapublichearing.
80