HomeMy WebLinkAboutAgenda - 05-15-2018 8-d - Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule –UDO Text Amendments Clarifying Impervious Surface RegulationsORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 15, 2018
Action Agenda
Item No. 8-d
SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outline and Schedule – UDO Text Amendments Clarifying Impervious Surface
Regulations
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. UDO Amendment Outline Form 2018-06 –
Clarify and Update Impervious Surface
Regulations
Craig Benedict, Director, 919-245-2575
Michael Harvey, Planner III, 919-245-2597
PURPOSE: To consider and approve process components and schedule for proposed
amendments to the Orange County Unified Development Ordinance (UDO).
BACKGROUND: The Planning Director has initiated text amendments to the UDO intended to:
1. Clarify existing regulations related to the enforcement of impervious surface standards
on subdivisions platted and developed before January 1,1994, and
2. Modify existing standards governing the transfer of imperious surface area between
parcels located within the same watershed protection overlay district.
Current regulation(s) require subdivision applicants to identify the cumulative amount of
allowable impervious surface area on a parcel and subtract proposed road surfaces (public or
private roads). Once roadways are subtracted, the remaining area is distributed amongst the
proposed individual parcels.
Unfortunately the majority of subdivisions approved and recorded before 1994, the year the
County implemented county-wide watershed protection regulations, did not abide by this
practice. As a result impervious surface area within roads has to be included within the
calculation of allowable impervious surface area for a parcel on which they are located.
Concerns have been expressed this unduly restricts development opportunities.
Existing regulations also permit the transfer of impervious surface area between parcels with the
establishment of a conservation easement in accordance with State law. Per existing
regulations the parcels have to be adjacent to one another.
Staff believes there is an opportunity to modify existing regulations to address unintended
impacts. For more information please refer to Attachment 1.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement for the text
amendment will be paid from FY2018-19 Departmental funds budgeted for this purpose.
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Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process these amendments.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline form and direct staff to proceed accordingly.
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Attachment 1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-06
Update impervious surface regulations for subdivisions platted before 1994 and clarify
how impervious surface can be transferred between parcels.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section 4.2.2 (F) Watershed Protection Applicability – Existing
Development
Section 4.2.8 (B) (2) Modifications of the Impervious Surface Ratio
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director is
proposing text amendments to the UDO clarifying existing regulations related to the
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Form Revised 09-29-16
enforcement of impervious surface standards on subdivisions platted and developed
before January 1,1994, and the transfer of imperious surface area between parcels.
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’.
Since approximately 1994, staff has required subdivision applicants to identify the
cumulative amount of allowable impervious surface area within a project. Area
encumbered by proposed road surfaces (public or private roads) is then subtracted
from this total allowable area, with the remaining allotment distributed amongst the
proposed individual parcels. This ensures no one individual lot is encumbered by the
impervious surface area necessary for proposed roadways.
Subdivisions approved and recorded before 1994 did not adhere to this methodology.
Impervious surface area within roads was not eliminated from the total, cumulative,
area for the project and is included within the calculation of allowable impervious
surface area for a parcel on which they are located. Residents have voiced concerns
this unduly restricts development opportunities on their property as they bear the
burden for a common neighborhood amenity (i.e. the impervious surface area in a
roadway located on their property).
Existing regulations also permit the transfer of impervious surface area between
adjacent parcels with the establishment of a conservation easement in accordance
with State law. Staff believes there is an opportunity to modify this allowance to
permit transfers of impervious surface area between parcels located within the same
Watershed Protection Overlay district.
The Director is proposing to amend the UDO to address these concerns by:
a. Classifying subdivisions platted and developed prior to January 1, 1994 as
existing development. Impervious surface area within said roadways will not
be calculated as part of the overall impervious area for the parcel, and
b. Modifying regulations to allow for impervious surface area to be transferred
between parcels located within the same Watershed Protection Overlay district
with the creation of a conservation easement.
These amendments will provide additional clarity and flexibility for local property
owners to address impervious surface issues.
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.
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Form Revised 09-29-16
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 15, 2018
b. Public Hearing
November 1, 2018
c. BOCC Updates/Checkpoints
August 1, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
September 5, 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:
August 1, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
September 5, 2018 – Planning Board Recommendation
b. Advisory Boards:
Not applicable
c. Local Government Review:
Not applicable
JPA Partners
d. Notice Requirements
July 19, 2018
Pending
Not Applicable
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Form Revised 09-29-16
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 FY2018-19 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 clarify subdivisions platted and recorded before 1994 are
considered existing development. Impervious surface area within private roadways shall
not be counted against the total allowable impervious surface area for individual parcels.
Further the amendment will allow for the transfer of impervious surface area for parcels
located within the same Watershed Protection Overlay District, eliminating the
requirement that they be adjacent to one another (i.e. sharing a common property line).
E. SPECIFIC AMENDMENT LANGUAGE
Pending
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
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