HomeMy WebLinkAboutORC agenda 120314ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, December 3, 2014
Ordinance Review Committee Meeting – 6:30 pm
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on the proposed amendments before the items are placed
on the next Quarterly Public Hearing agenda. Attendance is not mandatory and a quorum is not
necessary for meetings of the ORC.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 2-14 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
TEMPORARY HEALTHCARE STRUCTURES
To review and comment upon proposed revisions to the UDO to allow
temporary healthcare structures in all residential zoning districts. This
amendment is in response to North Carolina Session Law 2014-94.
Presenter: Ashley Moncado, Special Projects Planner
3. ADJOURNMENT
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ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 3, 2014
Action Agenda
Item No. 2
SUBJECT: Review of a Proposed UDO Text Amendment – Temporary Health Care Structures
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Amendment
Outline Form and Session Law 2014-94
2. Proposed Text Amendment
3. Temporary Health Care Structures
Informational Handout
Ashley Moncado, Planner II (919) 245-2589
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon a Planning Director initiated Unified Development
Ordinance (UDO) text amendment regarding proposed standards for temporary health care
structures to be added into the UDO.
BACKGROUND: On August 1, 2014, the North Carolina State Legislature adopted regulations
regarding the permitting of temporary health care structures in the state. These regulations allow for
temporary health care structures, 300 square feet or less, to be permitted by right in a residential
zoning district if all the regulatory provisions outlined in Session Law 2014-94 are met. As a result,
staff is proposing to modify sections of the UDO to address the review and permitting of temporary
health care structures in order to be consistent with North Carolina General Statutes.
On November 18, 2014, the Amendment Outline Form (Attachment 1) was approved by the BOCC.
Additional information including a copy of the Session Law 2014-94 is contained in Attachment 1.
Proposed text amendment language for review can be found in Attachment 2. Attachment 3 includes a
schematic, images, and features of a temporary health care structure.
Following the December 3, 2014 ORC meeting, staff will proceed with submitting the proposed
revisions to the JPA partners (Towns of Chapel Hill and Carrboro) for review and prepare the text
amendment package for the Quarterly Public Hearing on February 19, 2015. The opportunity for
comment by the JPA partners is required for all text amendments that could affect the Rural Buffer.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for
the provision of County services. Costs for the required legal advertisement will be paid from
FY2014-15 Departmental funds budgeted for this purpose. Existing Planning staff included in the
Departmental staffing budget will accomplish the work required to process this amendment.
RECOMMENDATION(S): Planning staff recommends the Ordinance Review Committee review and
comment upon the proposed amendments to the UDO.
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COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2014-13
Temporary Health Care Structures
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section 5.5, Standards for Residential Uses
Section 10.1, Definitions
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 amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2014-94, related to the review and permitting of temporary health care
structures.
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1. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
The amendments are necessary to ensure the permitting of a temporary health care
structure is consistent with recent changes in State Law. Session Law 2014-94,
adopted August 1, 2014, defines a temporary health care structure as a transportable
residential structure providing an environment facilitating a caregiver's provision of
care for a mentally or physically impaired person that is primarily assembled at a
location other than its site of installation, is limited to one occupant who shall be the
mentally or physically impaired person, has no more than 300 gross square feet, and
complies with the North Carolina State Building Code.
The Session Law modifies standards related to the placement of a temporary health
care structure including, but are not limited to, the following:
1. Only one temporary health care structure shall be allowed on a lot or parcel of
land.
2. Temporary health care structures shall not require a Special Use Permit or be
subjected to any other local zoning regulations beyond those imposed upon
other accessory use structures.
3. Temporary health care structures shall comply with all setback require ments
and any maximum floor area ratio limitations that apply to the primary
structure.
4. Any person proposing to install a temporary health care structure must obtain
a permit and may be charged a fee up to $100 and a yearly renewal fee up to
$50.
5. A temporary health care structure may be required to connect to water, sewer,
and electric utilities and comply with all applicable state laws, local ordinances,
and additional regulations.
6. No signage shall be permitted onsite or on the exterior of the temporary he alth
care structure.
7. All temporary health care structures shall be removed within 60 days in which
the physical or mentally impaired person is no longer receiving care or is no
longer in need of assistance.
Based on regulations set forth in Session Law 2014-94, the proposed amendment
will address the review and permitting of temporary health care structures in order to
be consistent with State Law. A copy of Session Law 2014-94 can be found at the
end of this form.
Additional analysis may be included with the quarterly public hearing materials.
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2. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
3. New Statutes and Rules
Session Law 2014-94 An Act Relating To Zoning Provisions For Temporary Health
Care Structures
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
November 18, 2014
b. Quarterly Public Hearing
February 19, 2015
c. BOCC Updates/Checkpoints
January 22, 2015 – Approve legal advertisement for the February 2015 Quarterly
Public Hearing
February 19, 2015 – Quarterly Public Hearing
April 7, 2015 – Receive Planning Board recommendation
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
December 3, 2014 – Ordinance Review Committee
March 4, 2015 – Recommendation to the BOCC
b. Advisory Boards:
c. Local Government Review:
Draft text will be sent to JPA partners
prior to the public hearing.
d. Notice Requirements
Consistent with NC State Statutes – legal ad prior to public hearing
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e. Outreach:
3. 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 FY2014-15 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
Language within the Unified Development Ordinance will be consistent with recent
modification to State Law. The amendments will classify temporary health care
structures as an accessory use to single-family dwellings which means they can be
placed on the same lot as a single-family dwelling, subject to the standards proposed in
Section 5.5.9. A process to review, permit, and monitor compliance of these structures
will need to be developed by a multi-departmental team concurrent with ordinance
adoption.
E. SPECIFIC AMENDMENT LANGUAGE
Will be available with the quarterly public hearing materials.
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other: Other County Departments and/or Divisions that may be interested
or affected will be notified, including Building Inspections, Aging,
Health, Environmental Health, Social Services, Emergency Services,
and Tax/Land Records
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UDO AMENDMENT PACKET NOTES:
The following packet details the proposed text amendment to incorporate recent changes in
State Law with respect to temporary health care structures. The amendment package will
modify Sections 5.5 and 10.1 of the UDO to accommodate the new standards.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal, staff has divided the proposed amendments into the following color coded
classifications:
Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO
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 modification.
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://orangecountync.gov/planning/Ordinances.asp
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-48
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the type facility planned, the number of occupants, and
the development schedule.
(b) A site plan showing existing and proposed contours. Proposed
buildings, parking, access, service, recreation, landscaped and screened
areas.
(c) Other criteria as set forth in sections 6.2.11 and 6.3.
(d) A statement concerning the provision of public services which shall
include fire, police and rescue protection.
(2) Standards of Evaluation –
(a) Adequate parking, access and service areas are provided for the site.
(b) Parking, service areas and buildings are adequately screened from
adjacent residential uses.
(c) Improved recreational facilities are provided for occupants.
(d) Other criteria as set forth in sections 6.2.11 and 6.3.
(e) Letters from public service agencies attesting to the adequacy of the
provision of public services such as fire, police and rescue.
5.5.9 Temporary Health Care Structures
(A) General Standards
(1) Submittal Requirements
In addition to the information required in Section 2.4, Zoning Compliance
Permits, the following information shall be supplied as part of the application for
approval of this use:
(a) Documentation as to the relationship between the occupant of the
temporary health care structure and the occupant(s) of the existing single
family dwelling. One of the following types of relationships must exist:
(i) First or second degree relative – a spouse, lineal ascendant,
lineal descendant, sibling, uncle, aunt, nephew, or niece and
includes half, step, and in law relationships
(ii) Relationship by marriage
(iii) Legal guardian relationship designated by Court of Law.
(b) Certification in writing from a North Carolina licensed physician stating
the necessity of direct care for an mentally or physically impaired
individual.
(2) Standards of Evaluation
(a) An existing single family residential dwelling must be located on the
same parcel as the temporary health care structure. Temporary health
care structures are classified as an accessory use to single family
detached dwellings.
(b) No more than one temporary health care structure per lot shall be
permitted.
(c) Temporary health care structures must meet all standards contained in
Section 5.5.1, Accessory Structures and Uses.
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Article 5: Uses
Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-49
(d) Occupancy of a temporary health care structure shall be limited to one
mentally or physically impaired individual, who is a North Carolina
resident and requires assistance with two or more activities of daily
living.
(e) No signage or advertisement shall be permitted on the exterior of the
temporary health care structure or on the property.
(f) A temporary health care structure shall be required to connect to water,
wastewater, and electric utilities serving the principal structure on the
property.
(g) The Orange County Health Department, or the agency that provides
sanitary sewer and water services, shall approve water and wastewater
disposal facilities.
(h) All applicable state and local approvals and permits shall be procured
including, but not limited to, a zoning compliance permit, building
permits, and health department approval.
(i) Approval of the application shall not exceed one year. Annual renewal
shall require a new application and recertification from a licensed
physician stating the necessity of direct care.
(j) Any approved temporary health care structure shall be removed no later
than 60 days after the time the mentally or physically impaired person is
no longer receiving care or is in need of assistance. If the structure is
needed for a different impaired individual, the temporary health care
structure may continue to be used or be reinstated on the property within
60 days of its removal, subject to the requirements of this Ordinance.
(k) The caregiver shall allow inspections of the property by the County at
times convenient to the caregiver, during reasonable hours, and upon
prior notice for compliance purposes.
(l) A permit for a temporary health care structure shall be revoked by the
Planning Director due to failure of the applicant to comply with any of the
above provisions.
SECTION 5.6: STANDARDS FOR COMMERCIAL USES
5.6.1 Nightclubs, Bars and Pubs
(A) General Standards for Evaluation
(1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a
residence.
5.6.2 Massage Business
(A) General Standards for Evaluation
(1) Must comply with the Ordinance for the Control of Massage and Massage
Establishments
(2) The submittal of construction plans for all existing and proposed buildings
housing the massage business. The construction plans shall include floor plans
and cross sections showing the proposed use of all portions of such buildings.
(3) For existing buildings, certification by the Orange County Building Inspector that
the structure(s) complies with the North Carolina Building Code and all related
construction codes.
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-56
Telecommunication Facilities, Wireless facility Stealth
A wireless support structure designed using stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of telecommunications equipment, the apparent
purpose of the wireless support structure is customarily considered as accessory to a use that is allowed
in the zoning district, and the structure and its primary use comply with this Ordinance.
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Telecommunication Facilities, Wireless Telecommunications Facility (WTF),
Includes both Telecommunications Site and Personal Wireless Facility
A structure, facility or location designed, or intended to be used as, or used to support antennas or other
transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other
structures that can be used as a support structure for antennas or the functional equivalent of such. If
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and/or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temporary Health Care Structure
A transportable residential structure facilitating a caregiver’s provision of care for a mentally or physically
impaired person that is primarily assembled offsite, is limited to one occupant, has no more than 300
gross square feet, and complies with applicable standards of the North Carolina State Building Code.
Temporary health care structures shall not be installed on a permanent foundation. Temporary health
care structures are classified as an accessory use to single family detached dwellings.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing for
custodial care under a Class B Special Use Permit or providing temporary residential space during the
installation of a replacement mobile home or construction of a stick-built or modular residential unit on the
same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The
temporary mobile home is not attached to a permanent or semi-permanent foundation.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
Tourist Home
A building or group of attached or detached buildings containing, in combination, three to nine lodging
units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by
transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than
transients.
Traffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
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A mobile, modular unit designed to be temporary placed on a caregiver’s property for rehabilitation and extended care of a impaired relative.
Temporary Health Care Structures
Information provided is based on a MEDCottage unit http://www.medcottage.com/products.php
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