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HomeMy WebLinkAboutAgenda 5-d - Unified Development Ordinance (UDO) Amendments – SubdivisionsORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 5, 2018 Action Agenda Item No. 5-d 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. Excerpt of Draft May 2, 2018 Planning Board Minutes and Statement of Consistency 4. Statement of Consistency 5. Proposed UDO Text Amendments 6. Legal Advertisement Michael D. Harvey, Planner III, (919) 245-2597 Craig Benedict, Director, (919) 245-2575 PURPOSE: To hold a public hearing on a Planning Director initiated Unified Development Ordinance (UDO) text amendment revising regulations governing the processing of subdivision applications to incorporate recent changes in State law. BACKGROUND: On May 4, 2017, Session Law 2017-10 (Attachment 2) modified the review of subdivision proposals by local governments, specifically: 1. Created a new category of exempt subdivision. STAFF COMMENT: There are currently 4 categories of exempt subdivision (i.e. activities that do not constitute a division of land and are expressly exempt from established review and approval processes) specifically: a. Combination/recombination of existing parcels so long as the resultant lots are equal to or exceed local standards and do not result in an increase in the total number of existing parcels; b. Division of land into 10 acre parcels of property; c. Public acquisition of land for widening/opening streets; and d. Division of land in single ownership, the entire area of which is no greater than 2 acres, into not more than 3 lots if no street dedication is involved and the lots are equal to/exceed local regulations. 1 The new category would allow for a division of a tract of land into separate parcels in accordance with the terms of a probated will, or in accordance with intestate succession under Chapter 29 of the General Statutes. Staff will be required to sign a statement on a plat indicating the division shown on same is ‘exempt’ from local review as it is not classified as a subdivision of property. 2. Limited local governments to requiring only a final plat for recordation 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 COMMENT: Current regulations require a property owner interested in completing a Minor Subdivision (i.e. typically 5 or fewer lots) to complete a 2 tiered application process, specifically: • First they file a Concept Plan denoting the proposed subdivision for our review. This allows staffs from various County Departments (i.e. Planning, Environmental Health, Erosion Control/Stormwater, Fire Marshal’s office, etc.) to review and comment on the proposal, identifying opportunities and constraints to the project. The Concept Plan does not have to be completed by a surveyor but has to be drawn to scale showing the number and location of all the proposed new parcels of property. The process is intended to allow an applicant to work with Planning and Environmental Health staff to locate the boundary of the proposed parcels maximizing suitable soil area supporting well/septic development while adhering to applicable land use regulations (i.e. open space, water feature buffers, etc.). There is a $140.00 application fee for this process. • If the Concept Plan is approved, the property owner submits the Final Plat application, which is completed by a land surveyor. This Plat is reviewed/signed by Environmental Health (verifying septic areas have been identified), Planning staff (certifying the project complies with applicable regulations), and the appropriate School System (per the adequate public facilities ordinance). There is a $140.00 application fee for this process as well. 2 The new law means a 3 lot division of property, meeting all criteria as contained herein, is only obligated to submit a Final Plat containing the information required under NC General Statute 47-30. Staff cannot require they go through the Concept Plan application process or even apply for Environmental Health (i.e. septic and well) review. All staff can do is verify is that they meet the aforementioned applicable criteria. 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. Please note if the amendment is not adopted, the County is still obligated to process requests consistent with applicable State standards. Planning Director Recommendation: The Planning Director recommends approval of the Statement of Consistency, as contained in Attachment 4, and the UDO Text Amendment, as contained within Attachment 5. Planning Board Recommendation: At its May 2, 2018 meeting, the Board voted unanimously to recommend approval of the Statement of Consistency and the UDO amendment package. An excerpt of draft minutes and the signed Statement of Consistency from this meeting are included in Attachment 3. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this agenda item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. 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 Manager recommends the Board: 1. Receive the proposed amendments to the UDO as detailed in this abstract and attachments; 2. Conduct the public hearing and accept comment on the proposed amendments; 3. Close the public hearing. (Note that, because this is a legislative decision, additional comments at a later date are permitted); and 4. Decide on one of the following options: a. Adopt the proposed amendments by approving the Statement of Consistency (Attachment 4) and Ordinance (Attachment 5). b. Defer a decision to a later BOCC regular meeting date. c. Refer the item back to the Planning Board for a specific purpose. 3 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 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): 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 accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director has Attachment 1 4 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 divisions when any one or more of those divisions are created for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets’. Session Law 2017-10, adopted May 4, 2017, modified the review of subdivision proposals by local governments as follows: 1. Created a new category of exempt subdivision (i.e. a division of property not included within the definition of a ‘subdivision’ and not subject to regulation), specifically the ‘division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes’ ; and 2. Limited local governments to requiring only a plat for recordation (i.e. a Final Plat application as detailed in Section 2.14.3 of the UDO) for a division of land in single ownership meeting the following criteria: a. Parcel being divided is not considered an exempt subdivision under State law; b. No part of the property has been divided within the last 10 years; c. The parcel is greater than 5 acres in area; d. No more than 3 parcels are created; and e. The resultant lots comply with all of the following: i. Applicable dimensional and size requirements based on the general use zoning district, ii. The use of the lots is in conformity with local land use regulations, and iii. A permanent means of ingress/egress is recorded for each lot. Staff must amend the UDO to incorporate these changes in order to ensure local land use regulations are consistent with applicable State law. 5 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 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 - The Planning Board voted unanimously to recommend approval. Draft minutes from the meeting can be found in Attachment 2. d. Development Advisory Committee (DAC) e. Legal Sufficiency Determination f. Other b. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a. Planning Board Review: April 4, 2018 – Planning Board Ordinance Review Committee (ORC) meeting. May 2, 2018 – Planning Board Recommendation. b. Advisory Boards: Not applicable March 15, 2018 May 2, 2018 Not Applicable 6 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 will be paid from FY2017-18 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS The amendment is necessary to ensure County regulatory standards are consistent with State law. E. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment 5. Primary Staff Contact: Michael D. Harvey Current Planning (919) 245-2597 mharvey@orangecountync.gov General Public: Small Area Plan Workgroup: Other: 7 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 8 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. 9 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. 10 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 11 DRAFT MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 MAY 2, 2018 3 REGULAR MEETING 4 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; Laura Nicholson, Eno Township 8 Representative; Alexander Gregory, Chapel Hill Township Representative; David Blankfard, Hillsborough Township 9 Representative; Hunter Spitzer, At-Large; Adam Beeman, Cedar Grove Township Representative; Carrie Fletcher, 10 Bingham Township Representative; Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Patricia 11 Roberts, Cheeks Township Representative; 12 13 MEMBERS ABSENT: Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 14 Representative; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, 17 Planner II; Ashley Moncado, Planner II; 18 19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20 Chair Lydia Wegman called the meeting to order at 7 p.m. 21 22 23 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – SUBDIVISION REVIEW 24 PROCESS - To make a recommendation to the BOCC on government-initiated amendments to the 25 text of the UDO that will modify subdivision review processes, in accordance with Session Law 26 2017-10. This item is scheduled for public hearing on June 5, 2018. 27 28 PRESENTER: Michael Harvey, Current Planning Supervisor 29 30 Michael Harvey noted that this item is found in the agenda packet on Pages 48-59. He explained that state law has 31 changed, so the county has to modify its (subdivision review) processes to reflect State regulations. A new category 32 of exempt subdivisions has been created, establishing that a will settling an estate can create a subdivision, which 33 will be exempt from formal county review. Specifically, this applies when a will dictates that the land is to be 34 subdivided for the heirs. This means the Planning Department is not looking at the subdivision for open space, road 35 access, etc. Also, the session law established an expedited subdivision review for tracts of land 5 acres and larger 36 that creates no more than three lots. The Planning Department can only compel the property owner to submit a final 37 plat. The final plat has to meet all the submittal requirements as detailed within Article 7 of the UDO . There are 38 several qualifiers outlining how a property owner can go through the expedited process. Michael Harvey reviewed 39 that the State legislation dictating this removes the concept plan stage that helps a property owner develop a plan 40 that will work before spending money on a surveyor. A lot may be created legally but a home may not be built on it if 41 it does not meet the county’s regulations. He informed the board that these text amendments had received legal 42 sufficiency from the county’s attorney office. 43 44 Planning Director Craig Benedict said in other states, planning staff are asked to testify in court on subdividing 45 property when it is dictated in a will to be sure there is proper road access and space for septic. 46 47 MOTION by Kim Piracci to approve the statement of consistency. Seconded Hunter Spitzer. 48 VOTE: Unanimous 49 50 MOTION by Hunter Spitzer to recommend approval of the amendment as stated in Attachment 4. Seconded Kim 51 Piracci 52 VOTE: Unanimous 53 54 Attachment 3 12 13 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendment to the Unified Development Ordinance (UDO) incorporating recent changes in State law governing the processing of subdivisions, The Planning Board finds: a. The requirements of Section 2.8 of the LIDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A -341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6 — A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by incorporating recent changes in State law related to the processing of subdivision requests. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by eliminating contradictory regulations and guidelines. These amendments ensure uniformity by incorporating recent amendments to State law outlining the processing of subdivision requests. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed UDO text amendment. Lydi Wegman hair e S- ) C)-) �s Date STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendment to the Unified Development Ordinance (UDO) incorporating recent changes in State law governing the processing of subdivisions. The BOCC finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: • Land Use Goal 6 – A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by incorporating recent changes in State law related to the processing of subdivision requests. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by eliminating contradictory regulations and guidelines. These amendments ensure uniformity by incorporating recent amendments to State law outlining the processing of subdivision requests. The Board of County Commissioners hereby adopts this Statement of Consistency and findings expressed herein. ______________________ ________________________ Mark Dorosin, Chair Date Attachment 4 14 Ordinance # ORD-2018-022 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY Whereas, Orange County has initiated amendments to its Unified Development Ordinance (UDO) to modify existing regulations governing the processing of subdivision applications, and Whereas, Session Law Session Law 2017-10 modified the review of subdivision proposals by local governments by creating a new category of exempt subdivision allowing for the creation of lots through a will to settle an estate and limiting local governments to only being able to require a final plat for recordation for a division of land in single ownership meeting specific criteria, and Whereas, staff has proposed the amendment to the UDO incorporating these recent changes in order to ensure consistency with State law, and Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and Whereas, the Orange County Planning Board has recommended approval of the proposed text amendments, and Whereas, the County has held the required public hearing and has found the proposed text amendments are consistent with the goals and policies of the adopted Comprehensive Plan. Be it ordained by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner ________________________, seconded by Commissioner ________________________, the foregoing ordinance was adopted this ________ day of ___________________, 2018. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on ________________________, 2018 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. Attachment 5 15 WITNESS my hand and the seal of said County, this ______ day of ______________, 2018. SEAL ________________________________ Clerk to the Board of Commissioners 16 UDO AMENDMENT PACKET NOTES: The following packet details staff’s proposed modifications to existing regulations associated with the processing of subdivisions to address recent changes in State law. • Red Underlined Text: Denotes new, proposed text that staff is suggesting be added to the UDO • Red Strikethrough Text: Denotes existing text that staff is proposing to delete Only those pages of the UDO impacted by the proposed modification(s) have been included within this packet. Some text on the following pages has a large “X” through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections ‘spill over’ onto the included page. Text with a large “X” is not proposed for deletion. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://www.orangecountync.gov/departments/planning_and_inspections/ordinances.php 17 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. 1 The County’s Attorney office is recommending splitting out references to ‘traditional minor subdivision’ and  ‘expedited subdivision’ reviews.  Proposed language is taken verbatim from the Attorney’s suggestion(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) 18 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 19 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. 20 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. 21 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, 2 Session Law 2017‐10 created a new category of ‘exempt subdivision’ to include a division of property resulting  from a probated will.  Staff is incorporating this new language to ensure consistency with State law.  3 The format of existing regulations is being modified to accommodate necessary changes to the section and  ensure consistency.   4 Session Law 2017‐10 limits local governments to requiring a final plat for certain divisions of property.  Staff is  modifying the UDO to include this provision and applicable criteria to ensure consistency with State law.  22 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 5 Staff interprets this to include density requirements based on a parcels location within a Watershed Protection  Overlay District.  23 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public hearing will be held at the Whitted Building, 300 West Tryon Street, 2nd Floor, Hillsborough, North Carolina, on Tuesday, June 5, 2018 at 7:00 PM for the purpose of giving all interested residents an opportunity to speak for or against the following items: 1. Unified Development Ordinance Text Amendments: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated amendments to the Unified Development Ordinance (UDO) to correct references to the Home Park Conditional Zoning District (HP-CZD). The following Sections of the UDO are proposed for amendments: 3.8.3 (A) (3) Conditional Zoning Districts – Districts Established 3.8.4 Base Zoning Districts – Home Park (HP) Conditional Zoning District 5.5.4 Home Park 5.5.5 Existing Mobile Home Parks 6.12.11 Signs Permitted in All Districts The purpose of the amendments is to correct references to the Home Park Conditional Zoning District (HP-CZD) that were inadvertently omitted when amendments were adopted in 2017. The Orange County Planning Board, at its May 2, 2018 regular meeting, voted unanimously to recommend approval of the proposed text amendments. Agenda materials from this meeting, including the recommended amendment language, can be viewed at: http://cms3.revize.com/revize/orangecounty/May2PlanningBoardAgendaPacket.pdf Purpose: To review the item and receive public comment on the proposed amendments. 2. Unified Development Ordinance Text Amendments: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated amendments to the Unified Development Ordinance (UDO) to modify maximum allowable acreage and to add permitted uses in the Home Park Conditional Zoning District (HP-CZD). The following Sections of the UDO are proposed for amendments: 3.8 Base Zoning Districts – Home Park (HP) Conditional Zoning District 5.2.3 Table of Permitted Uses – Conditional Zoning Districts The purpose of the amendments is to increase the number of acres that can be zoned HP-CZD and to add additional permitted land uses to the HP-CZD district including public parks, government facilities/office buildings, and government protective services (i.e. police and fire stations). The Orange County Planning Board, at its May 2, 2018 regular meeting, voted unanimously to recommend approval of the proposed text amendments. Agenda materials from this meeting, including the recommended amendment language, can be viewed at: http://cms3.revize.com/revize/orangecounty/May2PlanningBoardAgendaPacket.pdf Attachment 6 24 Purpose: To review the item and receive public comment on the proposed amendments. 3. Unified Development Ordinance Text Amendments: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated amendments to the Unified Development Ordinance (UDO) to modify subdivision review processes, in accordance with Session Law 2017-10. The following Sections of the UDO are proposed for amendments: 2.14 Minor Subdivisions 7.2 Classification of Subdivisions The purpose of the amendments is to incorporate recent changes in State law relating to the processing of subdivisions. The Orange County Planning Board, at its May 2, 2018 regular meeting, voted unanimously to recommend approval of the proposed text amendments. Agenda materials from this meeting, including the recommended amendment language, can be viewed at: http://cms3.revize.com/revize/orangecounty/May2PlanningBoardAgendaPacket.pdf Purpose: To review the item and receive public comment on the proposed amendments. 4. Unified Development Ordinance Text Amendments: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated amendments to the Unified Development Ordinance (UDO) to clarify requirements for Neighborhood Information Meetings (NIM). The following Sections of the UDO are proposed for amendments: 2.7.5 Special Use Permits – Neighborhood Information Meeting 2.9.1 (D) Conditional Use District – Neighborhood Information Meeting 2.9.2 (D) Conditional Zoning District – Neighborhood Information Meeting 5.10 8 (B) (2) Balloon Test – Telecommunication Facilities – Class B Special Use Permits The purpose of the amendments is to amend the timeframe for holding of neighborhood information meetings, eliminating confusion on the required time frame, and ensuring uniformity within the UDO. The Orange County Planning Board, at its May 2, 2018 regular meeting, voted unanimously to recommend approval of the proposed text amendments. Agenda materials from this meeting, including the recommended amendment language, can be viewed at: http://cms3.revize.com/revize/orangecounty/May2PlanningBoardAgendaPacket.pdf Purpose: To review the item and receive public comment on the proposed amendments. Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. Accommodations for individuals with physical disabilities can be provided if the request is made to the Planning Director at least 48 hours prior to the Public Hearing by calling one of the phone numbers below. The full text of the public hearing items may be obtained no later than June 1, 2018 on the County website www.orangecountync.gov at the County 25 Commissioners Agendas link (http://www.orangecountync.gov/departments/board_of_county_commissioners/agendas.php#). Information will also be available from the Orange County Planning Department (contact information below) no later than May 25, 2018. Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and you will be directed to a staff member who will answer your questions or you may e-mail questions to planningdept@orangecountync.gov. PUBLISH: The Herald Sun News of Orange May 23, 2018 May 23, 2018 May 30, 2018 May 30, 2018 26