HomeMy WebLinkAboutAgenda - 06-05-2018 5-a - Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Modification of Neighborhood Information Meeting (NIM) RequirementsORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 5, 2018
Action Agenda
Item No. 5-a
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. Excerpt of Draft May 2, 2018 Planning
Board Minutes and Signed Statement of
Consistency
3. Statement of Consistency
4. UDO Text Amendment Package
5. 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 updating existing requirements for holding Neighborhood
Information Meetings (NIM) to be held a minimum of 14 days before said meeting.
BACKGROUND: NIMs are required for several types of projects (i.e. special use permits,
conditional use districts/conditional zoning applications, minor subdivisions proposing more than
5 lots through flexible development, major subdivision concept plan, government land uses, etc.)
and are typically required to occur before formal review commences (i.e. staff, Planning Board,
or BOCC). A synopsis of the current requirements is as follows:
1. Section 2.7.5 Special Use Permits (Class A or B not including telecommunication
facilities): NIM held a minimum of 45 days prior to public hearing.
STAFF COMMENT: Class A permit requests are reviewed by the BOCC
during a previously advertised public hearing, with review/recommendation
made by the Planning Board. The Planning Board typically reviews the
item anywhere from 30 to 40 days prior to the anticipated public hearing.
Class B permit requests are reviewed by the Board of Adjustment during a
previously advertised public hearing with no recommendation/review
required by the Planning Board.
2. Section 5.10.8 (B) (2) Telecommunication Facilities:
1
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.
STAFF COMMENT: This request would be reviewed by the BOCC during a
previously advertised public hearing with a recommendation made by the
Planning Board. The Planning Board typically reviews the item anywhere
from 30 to 40 days prior to the anticipated public hearing.
b. For Class B permit applications (i.e. 76ft to 199.9 ft.) a balloon test is held a
minimum of 6 weeks (42 days) prior to the public hearing. Staff attends the
balloon test and conducts the NIM on-site.
STAFF COMMENT: This request would be reviewed by the Board of
Adjustment during a previously advertised public hearing with no
recommendation/review required by the Planning Board.
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 subdivision utilizing the flexible development
option with more than 5 lots, a NIM is required once the concept application is accepted
for review (i.e. after determined to be complete) by staff.
STAFF COMMENT: Minor subdivisions utilizing the flexible development
option are acted upon by staff with no review made by either the Planning
Board or BOCC.
The UDO does not establish a specific timeline as to when this meeting is held. Standard
practice has been the NIM is held after the application is accepted but before staff takes
formal action on the application.
6. 2.15.2 (D) Major subdivision: NIM held a minimum of 14 days prior to the review of the
Concept Plan by the Planning Board.
7. Section 2.24.2 (A) Government Uses: Has to occur prior to the formal submittal of the
Zoning Compliance Permit/Site Plan application to the Planning Department for
processing.
Current regulations typically require a NIM to be held 45 days before a public hearing. For
those projects requiring review/recommendation by the Planning Board, this translates to a NIM
being held within a few days/a week before the Planning Board meeting where the project is
slated for review. Staff has heard from some members of the public, Planning Board members,
and elected officials that NIMs are typically occurring too close to the Planning Board meeting to
be of any real benefit.
To address these issues staff is recommending the following:
a. NIMS for:
• Non-telecommunication facility Class A Special Use Permits,
• CUD, and
• CZD applications
2
shall be required a minimum of 14 days prior to the Planning Board’s scheduled review of
the item. Per the UDO notices of the NIM shall be mailed a minimum of 14 days prior to
the date of the meeting.
STAFF COMMENT: This is consistent with current regulations concerning
the holding of a NIM for a Major Subdivision Concept Plan and will maintain
current practice of ensuring the NIM is a minimum of 45 days before a
scheduled public hearing.
Staff is not recommending any change to the balloon test/NIM timeframe for
a Class A Special Use Permit proposing a telecommunication facility 200 ft.
and taller, which is currently 77 days.
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. Please
note the balloon test/NIM is still required to be held on a Saturday to ensure maximum
attendance.
STAFF COMMENT: Staff is recommending changing the timeframe to
ensure consistency with established practice that a NIM is held a minimum
of 45 days before a public hearing.
Staff believes these amendments will address some of the concerns staff has heard over the
turnaround time between NIMs and Planning Board meetings, establish desired uniformity within
the UDO where possible, and still allow for adequate time for local residents to become
informed of projects and required review processes.
For more information on NIMs please refer to Attachment 1.
Planning Director Recommendation: The Planning Director recommends approval of the
Statement of Consistency, as contained in Attachment 3, and the UDO Text Amendment, as
contained within Attachment 4.
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 the draft minutes and the signed Statement of Consistency from this meeting are
included in Attachment 2.
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.
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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 3) and Ordinance (Attachment 4).
b. Defer a decision to a later BOCC regular meeting date.
c. Refer the item back to the Planning Board for a specific purpose.
4
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 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 2.7.5 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
5
Form Revised 09-29-16
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to the UDO to amend the timeframe for holding
neighborhood information meetings. The purpose of the amendment is to eliminate
confusion on the required time frame for holding neighborhood information meetings
and ensure uniformity within the UDO.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
Neighborhood Information Meetings (NIM) are typically required for several types of
projects (i.e. special use permits, conditional use districts/conditional zoning
applications, major subdivision concept plan, government land uses, etc.) and are
typically required to occur before formal review commences (i.e. staff, Planning
Board, or BOCC)
A synopsis of the current requirements is as follows:
1. Section 2.7.5 Special Use Permits (Class A or B not including
telecommunication facilities): NIM held a minimum of 45 days prior to public
hearing.
2. Section 5.10.8 (B) (2) Telecommunication Facilities:
a. For Class A permit applications (i.e. 200 ft. and taller) a balloon test is
held a minimum of 11 weeks (77 days) prior to the public hearing. Staff
attends the balloon test and conducts the NIM on-site.
b. For Class B permit applications (i.e. 76ft to 199.9 ft.) a balloon test is
held a minimum of 6 weeks (42 days) prior to the public hearing. Staff
attends the balloon test and conducts the NIM on-site.
3. Section 2.9.1 (D) Conditional Use District (CUD): NIM held a minimum of 45
days prior to the public hearing.
4. Section 2.9.2 (D) Conditional Zoning District (CZD): NIM held a minimum of
14 days prior to the public hearing.
5. 2.14.2 (B) Minor Subdivisions. For a minor subdivision utilizing the flexible
development option with more than 5 lots, a NIM is required once the concept
application is accepted for review (i.e. after determined to be complete) by
staff.
The UDO does not establish a specific timeline as to when this meeting is
held. Standard practice has been the NIM is held before staff takes formal
6
Form Revised 09-29-16
action on the application.
6. 2.15.2 (D) Major subdivision: NIM held a minimum of 14 days prior to the
review of the Concept Plan by the Planning Board.
7. Section 2.24.2 (A) Government Uses: Has to occur prior to the formal
submittal of the Zoning Compliance Permit/Site Plan application to the
Planning Department for processing.
Staff has heard from some members of the public, Planning Board members, and
elected officials that NIMs are typically occurring too close to the Planning Board
meeting to be of any real benefit.
Further, with respect to telecommunication facilities requiring a Class B Special Use
Permit (i.e. 76ft to 199.9 ft.) there is an inherent conflict between the requirements of
Section 5.10.8 (B) (2) (i.e. balloon test and NIM 42 days prior to the public hearing)
and Section 2.7.5 (i.e. NIM held minimum 45 days prior to public hearing)
To address these issues staff is recommending the following:
a. NIMS for:
• Non-telecommunication facility Class A Special Use Permits,
• CUD, and
• CZD applications
shall be required a minimum of 14 days prior to the Planning Board’s
scheduled review of the item.
b. Amend Section 5.10.8 (B) (2) to require balloon test/NIM for Class B special
use permits to occur a minimum of 45 days prior to the public hearing rather
than 42 days.
Staff believes these amendments will address some of the concerns staff has heard
over the turnaround time between NIMs and Planning Board meetings, establish
desired uniformity within the UDO where possible, and still allow for adequate time
for local residents to become informed of projects and required review processes.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
7
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 - 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
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:
8
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 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 text amendment will establish uniformity with respect to scheduling and holding
neighborhood information meetings for projects.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 4.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
Small Area Plan Workgroup:
Other:
9
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 10: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – NIM CLARIFICATIONS - 24
To make a recommendation to the BOCC government-initiated amendments to the text of the UDO 25
that will clarify requirements for Neighborhood Information Meetings (NIM). This item is scheduled 26
for public hearing on June 5, 2018. 27 28 PRESENTER: Michael Harvey, Current Planning Supervisor 29
30
Michael Harvey reviewed that this information begins on Page 65 in the agenda packet. He noted that the intention of 31
these text amendments is to establish uniformity and to better fit the current approval process. This increases the 32
time that neighboring residents have to prepare for a Planning Board meeting after hearing about a project. He said 33
the Planning Department believes these text amendments address all of the concerns that have been expressed 34
about the shortness of time (from the holding of a neighborhood information meeting to the review of an item at the 35
Planning Board or the Board of Adjustment). He noted there are two exceptions to the proposal. There will be a 36
longer time for Class A permits for telecommunication towers 200 feet and taller, as well as for Class B permits for 37
telecommunication towers, which go before the Board of Adjustment and will now have 45 days instead of 42. 38
Neighborhood information meetings for telecommunication towers would continue to take place on a Saturday and 39
the telecommunications company would still have to launch a balloon at the height that the tower would be. 40
41
The county’s attorney’s office has determined legal sufficiency. Staff recommends approving the statement of 42
consistency and the proposed UDO text amendment, which begins on Page 73 in the agenda packet. 43
44
Chair Lydia Wegman asked about the requirement of a neighborhood meeting at least 14 days before the Planning 45
Board meeting. She asked whether that was sufficient for neighbors, thinking of the Settler’s Point development that 46
recently went through this process. Michael Harvey said it is reasonable but it is hard to say whether adjacent 47
property owners find it sufficient. The Settler’s Point developers held four neighborhood meetings and neighboring 48
property owners were still asking questions at the Planning Board meeting. 49 50 MOTION made by Randy Marshall to approve the statement of consistency in Attachment 2 and UDO text 51
amendments contained in Attachment 3. Seconded by Laura Nicholson. 52
VOTE: Unanimous 53
54
Attachment 2 10
11
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) modifying regulations governing the advertising and holding of neighborhood
information meetings (NIM).
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 clarifying when neighborhood information
meetings are held for various projects.
c. The amendment is reasonable and in the public interest because it:
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.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
______________________ ________________________
Mark Dorosin, Chair Date
Attachment 3
12
Ordinance # ORD-2018- 019
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 establishing the holding of neighborhood information
meetings, and
Whereas, staff has determined a need to provide uniformity with respect to the scheduling
and holding of neighborhood information meetings to ensure interested parties are made aware
of development applications and review processes prior to their review by advisory boards, the
Board of Adjustment, and the Board of County Commissioners, 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.
WITNESS my hand and the seal of said County, this ______ day of ______________, 2018.
SEAL ________________________________
Clerk to the Board of Commissioners
Attachment 4 13
UDO AMENDMENT PACKET NOTES:
The following packet details staff’s proposed modifications to existing regulations associated
with the holding of neighborhood information meetings.
• 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
14
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.
15
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.
1 Staff is amending the UDO to create uniformity with respect to the hold of neighborhood meetings for various
projects.
2 Staff has heard comments from the elected officials, the general public, and Planning Board members NIMs are
occurring too close to the Planning Board meeting to serve a useful purpose. The amendment will require the NIM
to be held a minimum of 14 days prior to the Planning Board meeting where the project is going to be discussed.
This will, hopefully, allow for sufficient time for all concerned parties to prepare to discuss the project at the
Planning Board meeting.
3 As a reminder Class B Special Use Permits are reviewed/acted upon by the Board of Adjustment with no
review/recommendation by the Planning Board.
16
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.
17
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
4 The amendment is necessary to create the desired consistency with respect to the holding of a NIM.
18
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.
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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
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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
5 The balloon test required for a telecommunication facility serves 2 purposes namely: allow interested parties to
see a visual representation of the height of the proposed tower and the holding of a neighborhood meeting
allowing staff and the applicant to review the project.
6 References to required neighborhood meetings within the UDO are typically in days versus weeks. Staff is
modifying this section to ensure consistency.
7 The typical timeframe for a NIM for a Class B Special Use Permit is 45 days. Staff is proposing to modify the
timeframe for a balloon test for a telecommunication facilities reviewed under this process to be 45 days versus 42
days (i.e. 6 weeks) for consistency purposes.
21
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
8 To ensure consistency, staff is requiring the NIM to be held in advance of the Planning Board meeting where an
application is slated for review. This will actually result in a balloon test for a telecommunication facility to be held
more than 77 days (i.e. 11 weeks) prior to a public hearing.
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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 5 23
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
24
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
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