HomeMy WebLinkAboutORD-2018-019 UDO Text Amendment - Neighborhood information meeting requirementsOrdinance # 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 L' , seconded by Commissioner
the foregoing ordinance was adopted this day of
, 2018.
I, Donn 7a. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the f egoing is a true copy of so much of the proceedings of said Board at a
meeting held on S , 2018 as relates in any way to the adoption of the
foregoing and that Jd proceedings are recorded in the minutes of the said Board.
WITNE
eal of said County, this day of , 2018.
oAd' 0
Clerk to the Board of Commissioners
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
• : 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
Article 2: Procedures
Section 2.7: Special Use Permits
(6) A list of all parcels located within 500 feet of the subject parcel and the name
address of each property owner, as currently listed in the Orange County tai
records. /
(7) Elevations of all structures proposed to be used in the development.
For Class A Special Uses 26 copies and for Class B Special Use 10 copies of
the Environmental Assessment and /or Environmental Impact tement, if
required by Section 6.16.
(9) 11 ethod of disposal of trees, limbs, stumps and construc ' n debris associated
wit the permitted activity, which shall be by some m od other than open
burn\thantwo (10) Statapplicant indicating the ant' ipated development schedule for
the roject.
(11) Statapplicant in justificat' n of any request for vesting for a period
of mars (five years m imum).
2.7.4 Staff Review
(A) The P lanning Director shall cause a analysis to be made of the application by qualified
representatives of the County ancothX agencies or officials as appropriate.
(1) Applications for agric ural supp enterprise uses located within the Rural
Buffer land use cla ification, as de ' ted on the Future Land Use Map of the
adopted Compr ensive Plan, shall be orwarded to the County's Agricultural
Preservation bard for review and comm t.
(a) /the Agricultural Preservation Board all have 30 calendar days to
vide comments. If comments are no eceived within this timeframe,
application review process shall not b delayed.
For purposes of this subsection, agricultural s port enterprise uses
shall be defined as those permitted in the ASE- zoning district, as
e.
detailed within Section 5.2.3 of this Ordinanc
(B) he Planning Director shall submit the analysis to the Board of County ommissioners
and the Planning Board, in the case of Class A Special Uses, or the Boar of Adjustment,
in the case of Class B Special Uses.
C) The appropriate Board reviewing the application shall receive and enter the and sis into
evidence during the public hearing. The analysis shall be subject to examination 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.
Orange County, North Carolina — Unified Development Ordinance Page 2 -20
Article 2: Procedures
Section 2.7: Special Use Permits
(E) The meeting shall be held a minimum of:'
(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) efA5 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).
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 and
meeting at which the Planning Board is scheduled to review a Special Use Perm
application.
(1) Written notice shall be sent by first class mail to all adjacent prop y owners not
less than ten days before the Planning Board meeting date. A cent property
owners are those whose property lies within one thousand et of the affected
property and whose names and addresse=currentl ed in the Orange
ounty tax records. The outside of th e env shall be marked
ice of Planning Board Meeting."
(2) The P ning Director shall post on the affotice of the Planning
Board m ting at least ten days prior to theting.
(3) Notices may combined with notice he Neighborhood Information Meeting
required in Sec i n 2.7.5.
(B) The Planning Director shall ive notice the date, time and place of the public hearing to
be held to receive evidence in e fo of testimony and exhibits pertaining to the
application for a Special Use.
(1) Written notice shall b sent b first class mail to all adjacent property owners at
least ten days but of more tha 5 days before the hearing date. Adjacent
property owner are those whose operty lies within one thousand feet of the
affected pro rty and whose names d addresses are currently listed in the
Orange unty tax records. The outside f the envelope or postcard shall be
marke Notice of Public Hearing."
(2) T Planning Director shall post on the affecte roperty a notice of the public
earing at least ten days but not more than 25 da prior to the date of said
hearing.
Notice of the public hearing shall be published in a new aper of general
circulation in Orange County once a week for two successi weeks, with the first
notice to be published not less than ten days nor more than 2 days prior to the
date of the hearing. In computing the notice period, the day of p lication 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.
Orange County, North Carolina o Unified Development Ordinance Page 2 -21
Article 2: Procedures
Section 2.9: Conditional Districts
(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 submi the
following information:
(a) A site plan prepared in accordance with the provisions Section 2.5
including the following:
(i) A detailed description of the proposed use property including
an outline of the proposed operational ch racteristics of the
proposed development,
(ii) A detailed traffic survey, regardless the estimated number of
trips per day, prepared in accords e with all applicable North
Carolina Department of Transpo tion (NC DOT) requirements
or standards as well as Section .17 of this Ordinance,
(i The appropriate environmen I document prepared in
accordance with Section 6 6; and
(iv) A landscape plan showi g the location of on -site significant
ees; proposed scree ing, buffers, and landscaping; and any
p posed treatment f any existing natural features.
(b) A summary utility servi s, including processing of wastewater.
(c) A schedule of c nstruc 'on of all elements of the proposal; and
(d) Any other informa identified during the pre - application conference
deemed essential emonstrate the project's compliance with these
regulations.
(2) 26 copies of the appli tion pack a required in (1) above shall be submitted by
the applicant.
(3) The Planning Bo d and /or Board of ounty Commissioners may request
additional infor ation in order to evalua and properly process the application
for a CUD.
(D) Neighborhood Inf rmation Meeting
(1) Before ublic Hearing may be held on an ac pted application for a CUD, the
applic t is required to schedule, with the assist ce of the Planning
Dep ment, a minimum of one neighborhood info ation meeting. The purpose
of is meeting is to obtain surrounding property own r input and comments on
t proposed development project.
(2) The applicant shall obtain property owner mailing addres information from the
Orange County Planning Department and shall mail notice of the meeting date
and time via first class mail to each property owner within on 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 da of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, pl ce, and
time of the meeting a minimum of 10 days prior to the date of the meeti .
Orange County, North Carolina - Unified Development Ordinance Page 2 -31
(E)
(F)
0
Article 2: Procedures
Section 2.9: Conditional Districts
(5) The NeighbaFheed InfeFFnation Meetk4g_Mpeting shall be held a minimum of 4-5
14 days prior to the date of the Pub!*G He Planning Board meeting where the
application is scheduled for review
Review and Evaluation of Application
(1) All CUD applications shall be reviewed and acted upon in accordance wi the
review procedures for Class A Special Use Permits (Section 2.7).
(2) The following shall be considered when evaluating an application fo a CUD:
(a) The policies and objectives of the Orange County Compr ensive Plan,
particularly in relation to the use, proposed site, and su ounding area;
(b) The policies and objectives of any adopted Small Ar a Plan(s) relating to
the area; and
(c) The potential impacts to the surrounding area i luding, but not limited,
to: traffic, storm water drainage, compatibility f land use activities, and
land values.
(3) The oard of County Commissioners may attach easonable and appropriate
condi ' ns to the location, nature, and extent of he proposed use. Such
conditio s may address the following:
(a) Th characteristics of the propos use and its relationship to
surro nding property and existi land uses,
(b) The pro sed support faciliti , such as parking, screening and buffer
areas,
(c) The timing of`t iie prop
(d)
Architectural revs w
(e)
The Permitted an
classification, a ,
(f)
Other matter hat the
propose.
Approval and Conditio
development,
controls,
ial Uses allowed under the existing zoning
C may find appropriate or the applicant may
(1) The Board of ounty Commissioners sha
following m ner:
action on the application in the
(a) prove or deny the application to cha a the zoning designation of the
arcel to the appropriate CUD designatio
(b) Approve or deny the Special Use Permit app 'cation, and
( Approve or deny the CUD permit application.
(2) Specific conditions may be proposed by the applicant or th County, or its
agencies, but only those conditions mutually agreed upon by e County and the
petitioner may be incorporated into the SUP and /or CUD permi equirements.
The applicant shall have a reasonable opportunity to consider and espond to
any requirements /conditions requested by the County prior to final a ion by the
Board of County Commissioners on the disposition of the CUD applica ' n. The
applicant shall agree in writing to any conditions prior to a final decision the
application.
Issuance of Permit
4 The amendment is necessary to create the desired consistency with respect to the holding of a NIM.
Orange County, North Carolina — Unified Development Ordinance Page 2 -32
Article 2: Procedures
Section 2.9: Conditional Districts
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) bmittal Requirements
(1) In addition to the CZD application form, an applicant shall also subm' he
following information:
(a A site plan prepared in accordance with the provision f Section 2.5 of
this Ordinance, except for Master Plan Developme (MPD) -CZD
applications (see (C)(2) below).
(b) A etailed description of the proposed use of roperty including an
out a of the proposed development.
(c) A detai d traffic survey, regardless of a estimated number of trips per
day, prep ed in accordance with a pplicable North Carolina
Departmen f Transportation (N OT) requirements or standards as
well as Sectio 6.17 of this Or ' ance.
(d) The appropriate vironm tal Document prepared in accordance with
Section 6.16.
(e) A landscape plan s g the location of on -site significant trees;
proposed screeni g, bu s, and landscaping; and any proposed
treatment of a existing na ral features.
(f) A summa of utility services, i luding processing of wastewater. For
Home P k (HP) CZD, the utility rvice plan shall specify if the
prop o ed services are temporary o ermanent connections.
(g) A chedule of construction of all eleme is of the proposal.
(h) Any other information identified during the re- application conference
deemed essential to demonstrate the projec compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application f6k a Master Plan
Development (MPD) CZD shall include the requirements in Nction 6.7. The
requirements of (1)(b) through (1)(h) above are applicable for D -CZ
applications.
(3) 26 copies of the application package required in (1) and (2) above \applicati
submitted by the applicant.
(4) The Planning Board and /or Board of County Commissioners may
additional information in order to evaluate and properly process th
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.
Orange County, North Carolina — Unified Development Ordinance Page 2 -34
(E)
(F)
(G)
(H)
Article 2: Procedures
Section 2.9: Conditional Districts
(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 meeting shall be held a minimum of 14
days prior to the date of the Public- klea4RgPlanning Board meeting where the
application is scheduled for review and publiG GOMment.
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 ap y
to general use district zoning decisions.
Approval and Conditions
(1) The Board of County Commissioners shall take action on the applic ion to
rezone the property in accordance with the procedures outlined i hin Section
2.8.
2) The applicant or the County may recommend that reasona and appropriate
conditions be attached to the approval of the application
(3) Conditions and site - specific standards shall be limited o those that address the
onformance of the development to County ordinan s, the adopted
mprehensive Plan, or any other relevant plans at address the impacts
rea nably expected to be generated by the pr osed development. Any such
condit ns may address:
(a) e compatibility of the proposed evelopment with surrounding
pro rty,
(b) Propos d support facilities i.e. roadways and access points, parking
areas an driveways, pe strian and vehicular circulation systems,
screening a buffer ar as, the timing of development, street and right -
of -way improv ent , storm water drainage, the provision of open
space, etc), and r
(c) All other matter the ounty may find appropriate or the petitioner may
propose.
(4) Conditions of app val may inclu dedication to the County or State, as
appropriate, of y rights -of -way or sements for streets, water, sewer, or other
public utilities ecessary to serve the p posed development.
(5) The appli nt shall have a reasonable op rtunity to consider and respond to
any re rements /conditions requested by t County prior to final action by the
Boar of County Commissioners on the dispos ion of the application. The
ap cant shall agree in writing to any conditions for to a final decision on the
plication.
Effec of Approval
(1 Approval of a CZD is binding on the property and the dev pment and use of the
subject property shall be governed by the Ordinance require ents applicable to
the specific CZD district and all approved conditions.
(2) The applicant shall comply with all requirements established in the ZD
Ordinance. Only those uses and structures included in the CZD Or " ance and
approved site plan shall be allowed on the subject property.
Zoning Atlas Designation
Orange County, North Carolina - Unified Development Ordinance Page 2 -35
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
designed to function, which may be required to be determined by th
manufacturer's published specifications for the customer equipme
Q) Approval of the Planning Director to verify consistency with th efinition
of stealth facility is required.
(k) All telecommunications towers shall be placed in heavil ooded areas
on the site to the maximum /onopole t possible so as to I sen the visual
intrusiveness of the structu accessory struct es.
(1) No tower shall be permitted ceed its desig d loading capacity. For
all wireless support structurched to ex* ing structures, the
engineer certification statehall inclu certification that the
structure can support the loerimp ed from the wireless support
ructure. All wireless suppuctu s shall have the capacity to
pe it multiple users; at a onopole wireless support
struc res shall be structuraigned to accommodate four users and
self -sup rt/lattice or guyed ess support structures shall, at a
minimum commodate thr rs.
(B) General Submittal Requirem &ts — SpXcial Use Permits
In addition to the general submittal ' uirements detailed herein, and the specific
submittal requirements for all Spe I e Permit applications detailed within Section 2.7
of this Ordinance, applicants sh be req *red to adhere to the following:
(1) Overall Policy and esired Goals
The overall poli and desired goals for ecial Use Permits for wireless
telecommunic ions support structures sha a promoting and encouraging,
wherever p sible, the following:
(a) Iternatives to constructing new wireless s port structures, including
but not limited to the collocation of wireless to communications
equipment and mitigating the visual effect of a i Bless
telecommunication support structure to an extent n commercially
impracticable; and
/ (b) The placement, height and quantity of wireless telecomm ications
towers and equipment in such a manner, including but not li ed to the
use of stealth technology or camouflage techniques, to minimiz adverse
aesthetic and visual impacts on the land, property, buildings, and er
facilities adjacent to, surrounding, and in generally the same area as e
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 Tests
(a) The applicant shall, at least eeks45 days6, 7 prior to a Class B
Special Use Permit public hearing aador 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.
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.
Orange County, North Carolina — Unified Development Ordinance Page 5 -102
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
a Class A Special Use Permit application is scheduled for review8-at
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 ates
chosen.
(c) A notice of the dates (including a second date in case of poor isibility,
weather or atmospheric conditions on the initial date), time ,and location
of the balloon test shall be mailed, by certified mail, retur receipt
requested, by the applicant, to all persons owning prop rty within 1,000
feet of the subject parcel no less than 14 days in ad v nce of the first test
date. The data contained within the office of Oran e County Land
Records shall be used as the pri/ban for etermining which
residents are to receive notice of t sts.
This notice shall also inform local at a neighborhood
information meeting shall be held he balloon test so that the
applicant can explain the proposaing staff, including the
County's telecommunications con explain the Special Use
rmit review process.
(d) The pri ry date shall be a weekend (excluding legal holidays), but to
prevent de ys in the pr essing of the application, and in case of poor
weather or a ospher' conditions on the initial date, the secondary
date may be a ee ay.
(e) The applicant s . nform the County Planning Staff, in writing, of the
dates and tim of th test at least 14 days in advance.
(f) The applic t shall also st a sign on the subject property, and
direction signs posted at cations to be determined by Planning Staff.
The si s shall measure no ore than nine square feet in area and no
less an four square feet in ar , giving the contact information of the
C my Planning Department, the roposed dates, times, and location of
e balloon test. The signs shall be osted to meet the same time limits
as provided for in the balloon test noti ation as stated above.
(3) S mittal Requirements
n addition to the information required herein as well 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 lin s) 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 fi .
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 weel<s) prior to a public hearing.
Orange County, North Carolina — Unified Development Ordinance Page 5 -103