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HomeMy WebLinkAboutORC agenda 110415ORANGE 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, November 4, 2015 Ordinance Review Committee Meeting – 6:00 pm Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members who would like to review and comment on proposed amendments before the items are placed on a 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 - 41 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – TEMPORARY HEALTHCARE STRUCTURES AND OTHER HOUSING OPTIONS To review and comment upon proposed amendments to the UDO regarding temporary healthcare structures and other custodial care housing options. Presenter: Ashley Moncado, Special Projects Planner 3. 42 - 69 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – AIRPORTS To review and comment upon proposed amendments to the UDO regarding airport regulations. Presenter: Michael Harvey, Current Planning Supervisor 4. ADJOURNMENT 1 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: November 4, 2015 Action Agenda Item No. 2 SUBJECT: Review of a Proposed UDO Text Amendment – Temporary Health Care Structures and Other Temporary Custodial Care Housing Options DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline Form and Session Law 2014-94 2. Draft UDO Text Amendment – Option A (Modifications to Existing Session Law) 3. Draft UDO Text Amendment – Option B (Creation of the Temporary Custodial Care Unit Land Use) 4. Approved May 26, 2015 Quarterly Public Hearing Minutes 5. Approved June 3, 2015 Planning Board Meeting Minutes 6. Approved September 1, 2015 BOCC Meeting Minutes 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 temporary healthcare structures and other temporary custodial care housing options. 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 to be permitted as an a accessory use in any single family residential zoning district on lots zoned for single family detached dwellings if all the regulatory provisions outlined in Session Law 2014-94 are met. Since November 2014, staff has been working to amend the Orange County Unified Development Ordinance to incorporate these state regulations. The proposed amendment was presented at the May 26, 2015 Quarterly Public Hearing. Comments made at the public hearing are included in Section C.1 of Attachment 1. Minutes from this meeting are included in Attachment 4. Agenda materials from the hearing can be accessed at the following link: http://www.orangecountync.gov/departments/board_of_county_commissioners/agendas.php. The Planning Board considered this item at its June 1, 2015 meeting and voted 10-2 to recommend approval of the UDO text amendment. Minutes from this meeting are included in Attachment 5. 2 The amendment was presented for adoption consideration at the September 1 BOCC meeting. During discussion, BOCC members identified concerns with the proposed standards as being too restrictive for residents to provide care for mentally or physically impaired relatives, friends, or neighbors. Specific issues were identified regarding the relationship requirement between the occupant of the temporary health care structure and the occupant of the single family dwelling unit, North Carolina state residency standards, and the regulation requiring removal of the unit within 60 days. Due to these concerns, the BOCC voted to reopen the public hearing and refer the item back to the Planning Board and staff to modify the proposed amendment to address comments received at the May 26 Quarterly Public Hearing and the September 1 BOCC meeting. Comments made at this meeting are included in Section C.1 of Attachment 1. Minutes from this meeting are included in Attachment 6. As a result of comments received at the September BOCC meeting, Planning staff has drafted two options for the Planning Board to review and discuss. Option A (Attachment 2) revises the proposed amendment, based on Session Law, to address the specific items of concern identified by the BOCC at the May and September meetings. Option B (Attachment 3) creates an entirely new land use, temporary custodial care units, which combines temporary health care structure standards outlined in Session Law 2014-94 and existing standards related to temporary mobile home units (custodial care) contained in Section 5.4.4. This option which would allow for temporary health care structures and temporary mobile homes up to 1,000 square feet in size to be placed as an accessory use to an existing single family dwelling unit, remove the required Special Use Permit for temporary mobile homes currently contained in the UDO, and address items of concern identified by the BOCC at the May and September meetings. In addition, both options will address comments regarding the number of unrelated persons that can live in a dwelling unit by increasing the number from three to five based on the North Carolina Residential State Building Code. Attachment 1 contains additional information and analysis regarding this amendment. Proposed text amendment language can be found in Attachment 2 and Attachment 3 within a “track changes” format. 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 were 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. 3 1 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 5.2, Table of Permitted Uses Section 5.4, Standards for Temporary Uses 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 a text amendment to incorporate changes in State Law, specifically Session Law 2014-94, related to the review and permitting of temporary health care structures. The proposed amendment will modify sections of the UDO in order to be consistent with North Carolina General Statutes. Attachment 1 4 2 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’. The amendments are necessary to ensure the permitting of a temporary health care structure is consistent with 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. Based on regulations set forth in Session Law 2014 -94, the proposed amendment will incorporate the new use identified in Session Law into the UDO and 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. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Chapter 4: Housing Element – Section 4.6 Goals Housing Goal 2: Housing that is useable by as many people as possible regardless of age, ability, or circumstance. 4. 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 May 26, 2015 c. BOCC Updates/Checkpoints May 26, 2015 Quarterly Public Hearing. This item was reviewed at the hearing where the following comments were made:  BOCC Member Comment: Orange County staff should explore modifying the amendments and the Unified Development Ordinance in order to make temporary health care structures easily available. The onerous requirements only allowing a relative to occupy a unit, requiring 5 3 the unit be taken down 60 days after the person moves out or dies, and not allowing it to be used again makes it extremely unlikely it will ever be used. Staff Response: The proposed amendment has been revised to address these concerns. The amendment removes the relative or legal guardian requirement and allows for a unit to stay on the property for up to 180 days after the temporary unit is no longer needed.  BOCC Member Comment: The proposed text amendment is too restrictive as presented. Additional uses should be explored and discussed to allow more options for residents to accommodate mentally or physically impaired individuals on their property. Staff Response: The proposed amendment is based on regulations contained in the North Carolina State Legislature’s Session Law 2014 - 94. In order for the Unified Development Ordinance (UDO) to be consistent and meet regulations of the Session Law, the amendment is being proposed as presented. Though standards may appear limiting, the addition of temporary health care structure regulations by the State Legislature does help to provide residents with another option to address caregiving needs of mentally or physically impaired individuals. In addition to these standards relating to temporary health care structures, other options are currently provided in the UDO that may be viewed as less restrictive. Existing standards contained in the UDO allow for additional options in caring for mentally or physically impaired individuals on a temporary or permanent basis. One option includes efficiency apartments, also known as accessory dwelling units, which may be constructed as an additional dwelling unit, accessory to a single family residence. The UDO also allows for temporary mobile homes for custodial care purposes to be placed as an accessory dwelling unit to an existing single family residence. Both of these options would allow individuals to provide onsite care to impaired relatives. Standards outlined in the UDO provide for the creation of Family Care Homes and Group Care Facilities. The amendment is also proposing to allow up to five unrelated persons to live together in a dwelling unit. This would allow residents wanting to provide care to impaired individuals who are unrelated to do so. Additional options for residential caregiving and temporary health care structures can be reviewed in the summary chart below. 6 4 Standards Additional Options for Residential Caregiving Temporary Health Care Structure Single Family Dwelling Temporary Mobile Home – Custodial Care Efficiency Apartment (ADU) Family Care Facility Group Care Facility Status Existing Existing Existing Existing Existing Proposed Permitting Process Zoning Compliance Permit Class B SUP Zoning Compliance Permit Zoning Compliance Permit Class B SUP Zoning Compliance Permit Size Regulations No1 No1 Shall not exceed 800 square feet No1 No1 Shall not exceed 300 square feet Primary or Accessory Structure Primary Accessory Accessory Primary Primary Accessory Primary Structure Required N/A Yes Yes N/A N/A Yes Temporary or Permanent Structure Permanent Temporary Permanent Permeant Permeant Temporary Attached or Detached N/A Detached Attached or Detached N/A N/A Detached Built Onsite or Offsite Onsite or offsite2 Offsite Onsite or offsite2 Onsite or offsite2 Onsite or offsite2 Offsite Must Meet UDO Standards Yes Yes Yes Yes Yes Yes Must Meet NC State Building Code Standards Yes No3 Yes Yes Yes Yes Environmental Health Approval Yes Yes Yes Yes Yes Yes Occupant Requirement Up to 3 unrelated persons No No Up to 6 unrelated persons 7 to 15 unrelated persons 1 person Relative Requirement No Yes No No No Yes Medical License Requirement No Certificate from licensed physician No Licensed by state agency Licensed by state agency Certificate from licensed physician Annual Renewal Requirement No Yes No No No Yes 1 No specific size regulations are contained in the UDO. However, the size of residential structures may be determined and/or limited by lot size, zoning district, zoning regulations, and environmental health standards. 2 Onsite includes stick built construction (i.e. individual lumber). Offsite includes modular construction and manufactured homes. 3 Manufactured homes are built to the standards of the Department of Housing and Urban Development (HUD). A HUD Certificate is required by Orange County prior to placement in the county. September 1, 2015 – This item was presented to the BOCC for adoption consideration. The BOCC voted to reopen the public hearing and refer the item back to the Planning Board and Planning staff to modify the proposed amendment to include comments received at the May 26 Quarterly Public Hearing and the September 1 BOCC meeting. The following comments were made:  BOCC Member Comment: Shocked to discover that Orange County only allows up to three unrelated people to live together in a single family dwelling unit. Request for this to be reviewed by staff and modified. 7 5 Staff Response: The proposed amendment will address this comment and allow up to five unrelated people to reside together in a single family dwelling unit. The maximum of five people is based on the 2012 North Carolina Residential Code. Once there are more than five unrelated people residing together the dwelling unit must be classified and reviewed under the 2012 North Carolina State Building Code as a rooming or boarding house. A rooming or boarding house is reviewed and permitted differently in the North Carolina State Building Code and UDO compared to a single family dwelling unit.  BOCC Member Comment: Concern with the requirement that the occupant of the temporary health care structure must be a North Carolina resident. As a result of this requirement, an Orange County resident would not be able to care for an elderly parent or sick relative from out of state. Staff Response: The proposed amendment will address this comment by removing the standard requiring the mentally or physically impaired individual be a North Carolina resident.  BOCC Member Comment: Recommendation that staff provides information regarding Session Law 2014-94 on the county website for the public to access. Staff Response: A link to Session Law 2014-94 has been added to the Orange County Planning and Inspections webpage.  BOCC Member Comment: As the county moves forward with modifications to the proposed amendment it is recommended that staff solicit comments from the Towns of Chapel Hill, Carrboro, and Hillsborough. Staff Response: A review and comment period will be provided to the JPA Partners and Hillsborough prior to the February Quarterly Public Hearing in order to solicit feedback. 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 This item was presented at the December 3, 2014 Ordinance Review Committee meeting for Planning Board review and comment. Following this meeting, staff 8 6 made one minor revision to the text amendment regarding signage pertaining to the advertisement of a temporary health care structure. June 3, 2015 – Recommendation to the BOCC. This item was reviewed and the following comments were made:  Planning Board Member Comment: Why is this amendment being proposed? Staff Response: Due to the adoption of Session Law 2014-94 in August 2014, all cities and counties within the state must recognize and allow for temporary health care structures. As a result, Planning staff began the process to amend the UDO in November 2014 in order to recognize the new land use, provide information and access regarding permitting regulations to Orange County residents, and to be consistent with State Law.  Planning Board Member Comment: Only a small percent of residents will be able to utilize a temporary health care structure due to the proposed standards and financial costs. Staff Response: Due to proposed standards (based on Session Law 2014-94), environmental health regulations, and potential cost, many residents may have a limited opportunity to have a temporary health care structure be placed on their property. However, the proposed amendment for temporary health care structures is not the only option available, but is instead providing an additional option to Orange County residents. These standards and financial costs can also limit the opportunity for residents to build an efficiency apartment, construct an addition to an existing residential structure, or place a temporary mobile home. The purpose of all these residential uses, including temporary health care structures, is to provide temporary or permanent, more affordable, higher quality, and accessible housing option s for those in need. The initial cost of a temporary health care structure can be alarming. A temporary health care structure can include a onetime cost up to $125,000 or a lease cost up to $2,000 a month, both costs depend on added medical and/or technology features. When compared to the median monthly and yearly cost of a nursing home or assisted living facility in the state of North Carolina and the Chapel Hill-Durham area, it can be viewed as a less expensive option for Orange County residents. Median Cost of Assisted Living or Nursing Home Room Compared to a Temporary Health Care Structure North Carolina Chapel Hill – Durham Area Temporary Health Care Structure Nursing Home Assisted Living Nursing Home Assisted Living Monthly Cost $5,977 $2,900 $6,388 $3,500 $2,000 Yearly Cost $71,723 $34,800 $76,650 $42,000 $24,000 Source: North Carolina State Specific Data from the Genworth Cost of Care Survey 9 7 November 4, 2015 – Ordinance Review Committee b. Advisory Boards: c. Local Government Review: The proposed text amendments were comments have been received. submitted to the JPA Partners on January 14, 2015. To date, no d. Notice Requirements Consistent with NC State Statutes – legal ad prior to public hearing e. Outreach: 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 were 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 If Option A is adopted, language within the Unified Development Ordinance will be consistent with modification to State Law. The amendment will classify temporary health care structures as an accessory use to a single family dwelling unit which means they can be placed on the same lot as a single-family dwelling, subject to the standards proposed. Additionally, comments made at the May 26 Quarterly Public Hearing, June 3 Planning Board meeting, and September 1 BOCC meeting have been incorporated. These include issues identified with the relationship requirement between the occupant of the temporary health care structure and the occupant of the single family dwelling unit, North Carolina state residency standards, and the regulation requiring removal of the unit within 60 days. If Option B is adopted, language within the Unified Development Ordinance will be consistent with modification to State Law. The amendment will create an entirely new land use, temporary custodial care units, which combines temporary health care structure standards outlined in Session Law 2014-94 and existing standards related to temporary mobile home units (custodial care) contained in Section 5.4.4. This option would allow for temporary health care structures and temporary mobile homes up to 1,000 square feet in size to be placed as an accessory use to a single family dwelling General Public: Small Area Plan Workgroup: Other: Materials were distributed to other County Departments and/or Divisions that may be interested or affected, including Building Inspections, Aging, Health, Environmental Health, Social Services, Emergency Services, and Tax/Land Records 10 8 unit, subject to the standards proposed. Additionally, comments made at the May 26 Quarterly Public Hearing, June 3 Planning Board meeting, and September 1 BOCC meeting have been incorporated. These include issues identified with the relationship requirement between the occupant of the temporary health care structure and the occupant of the single family dwelling unit, North Carolina state residency standards, and the regulation requiring removal of the unit within 60 days. E. SPECIFIC AMENDMENT LANGUAGE See Attachment 2 and Attachment 3. Primary Staff Contact: Ashley Moncado Planning Department 919-245-2589 amoncado@orangecountync.gov 11 12 13 14 UDO AMENDMENT PACKET NOTES: Option A 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 based on Session Law 2014-94.  Green Text: Denotes modifications made following the December 3 ORC meeting.  Red Strikethrough Text: Denotes previously proposed text based on Session Law 2014- 94 that staff is recommending to delete based on comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting.  Blue Text: Denotes modifications made to address additional comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting. 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 Attachment 2 15 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. 1 (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. 1 Based on comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting, revisions to this Section will not require documentation identifying the relationship between the occupant of the temporary health care structure and the occupant of the existing family dwelling. 16 Article 5: Uses Section 5.6: Standards for Commercial Uses Orange County, North Carolina – Unified Development Ordinance Page 5-49 (c) Temporary health care structures must meet all standards contained in Section 5.5.1, Accessory Structures and Uses. (d) Occupancy of a temporary health care structure shall be limited to one mentally or physically impaired individual, who is a North Carolina resident and2 requires assistance with two or more activities of daily living. (e) No signage or advertisement promoting the temporary health care structure 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 1803 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, 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 may 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 Based on comments received, revisions to this Section will not require the occupant of the temporary health care structure to be a North Carolina resident. 3 A revision has been made to address BOCC comments regarding the removal of a temporary health care structure after a mentally or physically impaired person is no longer receiving care or is in need of assistance. Proposed standards will increase the number of days from 60 to 180. 17 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-10 Environmental Document An EA, EIS, or FONSI, or all of them. Environmentally Sensitive Areas Land which is subject to special natural environmental conditions such as flooding that present significant constraints to built development. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Existing Construction Structures for which, the “start of construction” commenced before March 16, 1981. This term may also be referred to as “existing structures.” Existing manufactured home park or manufactured home subdivision A manufactured home park or subdivision for which, for flood damage prevention purposes, the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) completed before March 16, 1981. Extraction of Earth Products The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter from their original location. It does not include any processing of such material, beyond incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing. FONSI A Finding of No Significant Impact. As pertaining to an EA or EIS. Family For purposes of this Ordinance, family shall be defined as an individual of or4 two or more persons related by blood, marriage or adoption, living together in a dwelling unit; or a group of not more than three five5 persons who need not be related in a dwelling unit. A “family” may include five or fewer foster children. Family Care Facility A facility licensed by the appropriate state agency, as a family care facility for from one to six unrelated individuals. Family Day Care Home A residence in which childcare is provided, which provides childcare for no more than three children. Family Income The gross annual sum of all income received by all adult members of the household, including: a) Earned income from wages for all family members over the age of 18; 4 Staff is suggesting this typographical error be corrected as part of this UDO amendment. 5 Based on comments received at the September 1 BOCC meeting, revisions to the definition of family will increase the number of unrelated persons allowed to live together in a dwelling unit from three to five. The maximum of five people is based on the 2012 North Carolina Residential Code. Once there are more than five unrelated people the dwelling unit must be classified and reviewed under the 2012 North Carolina State Building Code as a rooming or boarding house. A rooming or boarding house is reviewed and permitted differently in the North Carolina State Building Code and UDO compared to a single family dwelling unit. 18 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-57 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. 19 UDO AMENDMENT PACKET NOTES: Option B 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 5.2, 5.4, 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 based on Session Law 2014-94 and comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting.  Black 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 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 Attachment 3 20 Article 5: Uses Section 5.4: Standards for Temporary Uses Orange County, North Carolina – Unified Development Ordinance Page 5-34 (c) The proposed activity will occur no more frequently than seven days in a 30-day period, and on no more than 50 days per year. (d) Signs shall be permitted in accordance with Section 6.12.11(D) of this Ordinance. (e) All parking shall be on-site. (f) Noise levels at the boundary of the area included in the special Use Permit shall not exceed 50 decibels between the hours of 7:00 a.m. and 7:00 p.m., or 45 decibels between the hours of 7:00 p.m. and midnight. No Special Event shall begin before 7:00 a.m., or extend beyond midnight. (g) The site plan shall have the written approval of the Orange County Division of Environmental Health regarding the adequacy of the water supply and wastewater disposal for the specified maximum number of participants for any single event and the written approval of the Orange County Fire Marshal and Orange County Sheriff’s Department regarding the adequacy of parking, access or other factors relating to public safety. (h) The Special Use Permit shall be valid for no more than one year. 5.4.4 Temporary Use of a Residential Mobile Home (A) General Standards of Evaluation Residential Mobile Homes may be permitted as a temporary use during construction in accordance with the following: (1) The property owner shall reside in the temporary residential mobile home during construction of a new residence or the renovation of an existing residence on the same lot. (2) Prior to placement of the temporary residential mobile home on-site 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. (3) The temporary residential mobile home must be removed within 90 days of receipt of the certificate of occupancy for the on-site residence. (B) Standards for Class B Special Use Permit (1) Submittal Requirements 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) One of the following types of relationships shall exist between the occupants of mobile home and the existing single family dwelling. (i) Blood relationship. (ii) Relationship by marriage. (iii) Legal guardian relationship designated by Court of Law. (b) A certificate in writing, from a licensed physician (MD) stating the necessity of direct custodial care because of age or poor health. (c) Floor plan of the existing single family unit showing that there is no reasonable alternative based on the utilization of the existing floor plan. (d) Site plan showing the location of the existing single family unit; the proposed mobile home, driveway, parking area, sewage disposal facilities. 21 Article 5: Uses Section 5.5: Standards for Residential Uses Orange County, North Carolina – Unified Development Ordinance Page 5-35 (e) A statement for setting forth the length of time for which the request is made. Approval shall not exceed one year. (2) Standards of Evaluation (a) The relationship between the occupants of the single family unit and the mobile home is established. (b) There is a certificate from a licensed physician (MD) stating the necessity of direct care. (c) The floor plan of the existing single family unit shows there is no reasonable alternative to the mobile home. (d) The proposed site plan shows the location and setbacks of the existing single family unit, the mobile home, and driveways and parking areas. The setbacks for all structures meet or exceed the requirements of the district in which the lot is located. (e) There shall be adequate lot area for each unit, according to the minimum requirements of the zoning district in which the lot is located. (f) Approval of the Orange County Health Department for water and sewerage disposal facilities, or the approval of the appropriate agency from which sanitary sewer and water will be supplied. (g) Approval of the application shall not exceed one year. Renewal shall constitute a new application. 5.4.5 Buildings for Temporary Use (A) Standards for Class B Special Use Permit (1) Submittal Requirements – 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) Site plan showing all existing and proposed structures on the site, existing and proposed topography at a contour interval of five feet, existing and proposed landscaping, parking areas, access points, any officially designated flood plains, and other site details. (b) A description of the exterior materials, color and construction details. (c) Statement of proposed use and length of time building will be in use. (2) Standards of Evaluation – (a) The temporary building shall not be used for residential purposes. (b) The temporary building shall not be used by operations offering drive-in services. (c) The use of the building shall be only for the period of time specified and for the use specified. (d) The proposed use is a permitted use in the district in which it is located. SECTION 5.5: STANDARDS FOR RESIDENTIAL USES 5.5.1 Accessory Structures and Uses (A) General Standards of Evaluation (1) Accessory structures and uses shall not be located in any required front open space and shall conform to the principal setbacks of the district where located unless otherwise provided in this Section. 22 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 Custodial Care Units5 (A) General Standards (1) Submittal Requirements In addition to the information required by Section 2.4, Zoning Compliance Permits, the following information shall be supplied as part of the application for approval of this use: (a) Certification in writing from a 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 unit must be located on the same parcel as the temporary custodial care unit. Temporary custodial care units shall be classified as an accessory use to a single family detached dwelling unit. (b) No more than one temporary custodial care unit per lot shall be permitted. (c) The temporary custodial care unit must meet principal setback standards where located and shall not be located in any required front yard open space.6 5 A temporary custodial care unit use is being proposed in order to address comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting. The new use combines the temporary health care structure standards outlined in Session Law 2014-94 and existing standards related to temporary mobile home units (custodial care) contained in Section 5.4.4. This option which would allow for temporary health care structures and temporary mobile homes up to 1,000 square feet in size to be placed as an secondary use to an existing single family dwelling unit, remove the required Special Use Permit for temporary mobile homes currently contained in the UDO, and address items of concern identified by the BOCC at the May and September meetings. 6 If should be noted the required front yard space is not necessarily synonymous with all the space between a dwelling and the road right-of-way. Many dwelling units in rural areas are located further from the road right-of- 23 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 custodial care unit shall be limited to no more than two individuals, with at least one of whom is mentally or physically impaired and requires assistance with two or more activities of daily living. (e) No signage or advertisement promoting the temporary custodial care unit shall be permitted on the exterior of the temporary custodial care unit or on the property (f) A temporary custodial care unit 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 custodial care unit shall be removed no later than 180 days after the time the mentally or physically impaired person(s) is no longer receiving care or is in need of assistance. If the structure is needed for a different impaired individual, the temporary custodial care unit may continue to be used, 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 custodial care unit may 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. way than the required front setback. Therefore, a temporary custodial care unit could potentially be located in front of an existing dwelling unit. 24 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-10 Environmental Document An EA, EIS, or FONSI, or all of them. Environmentally Sensitive Areas Land which is subject to special natural environmental conditions such as flooding that present significant constraints to built development. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Existing Construction Structures for which, the “start of construction” commenced before March 16, 1981. This term may also be referred to as “existing structures.” Existing manufactured home park or manufactured home subdivision A manufactured home park or subdivision for which, for flood damage prevention purposes, the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) completed before March 16, 1981. Extraction of Earth Products The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter from their original location. It does not include any processing of such material, beyond incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing. FONSI A Finding of No Significant Impact. As pertaining to an EA or EIS. Family For purposes of this Ordinance, family shall be defined as an individual of or7 two or more persons related by blood, marriage or adoption, living together in a dwelling unit; or a group of not more than five8 persons who need not be related in a dwelling unit. A “family” may include five or fewer foster children. Family Care Facility A facility licensed by the appropriate state agency, as a family care facility for from one to six unrelated individuals. Family Day Care Home A residence in which childcare is provided, which provides childcare for no more than three children. Family Income The gross annual sum of all income received by all adult members of the household, including: a) Earned income from wages for all family members over the age of 18; 7 Staff is suggesting this typographical error be corrected as part of this UDO amendment. 8 Based on comments received at the September 1 BOCC meeting, revisions to the definition of family will increase the number of unrelated persons allowed to live together in a dwelling unit from three to five. The maximum of five people is based on the 2012 North Carolina Residential Code. Once there are more than five unrelated people the dwelling unit must be classified and reviewed under the 2012 North Carolina State Building Code as a rooming or boarding house. A rooming or boarding house is reviewed and permitted differently in the North Carolina State Building Code and UDO compared to a single family dwelling unit. 25 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-57 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 Custodial Care Unit A transportable residential structure facilitating a caregiver’s provision of short or long term care for a mentally or physically impaired person that is primarily assembled offsite, is limited to one occupant, has no more than 1,000 gross square feet, and complies with applicable standards of the North Carolina State Building Code and/or Department of Housing and Urban Development (HUD). Temporary custodial care units shall not be installed on a permanent foundation and shall be classified as an accessory use to an single family detached dwelling unit. Includes mobile homes and temporary health care structures. 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. 26 APPROVED 9/1/2015 MINUTES ORANGECOUNTYBOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING May 26, 2015 7:00 P.M. The OrangeCounty Board of Commissioners metwiththe OrangeCounty Planning Board for a Quarterly Public Hearing on May 26, 2015 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Earl McKee and Commissioners Mia Burroughs, Mark Dorosin, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: Barry Jacobs COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney) COUNTYSTAFF PRESENT: CountyManager Bonnie Hammersley and Clerk tothe Board Donna Baker (All other staff members will be identified appropriately below) PLANNINGBOARD MEMBERSPRESENT: Chair Pete Hallenbeck and Planning Board members Lisa Stuckey, Herman Staats, Paul Guthrie, Tony Blake, LauraNicholson, andLydia Wegman, Andrea Rohrbacher, Maxecine Mitchell, H.T. "Buddy" Hartley PLANNING BOARD MEMBERS ABSENT: James Lea and Bryant Warren Chair McKee called the meeting to order at 7:05 p.m. Chair McKee said that Commissioner Jacobswould be unable to attendthe meeting tonight. Chair McKee notedthe following items at their places: White sheets: PowerPoint slides for Items C1-5 Notebook for Item C-3- Request for Special Use Permit - solar array/public utility station Chair McKee said staff requested that the Board of CountyCommissioners (BOCC) consider moving Item 5 - Unified Development Ordinance (UDO) Text Amendment—forward to the beginningof the agenda, as it is a shortpresentation. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to move Item 5 - Unified Development Ordinance (UDO) Text Amendment-forward on the agenda to the beginningof the agenda. VOTE: UNANIMOUS A. OPENING REMARKS FROM THE CHAIR-Chair McKeeand PB Chair Pete Hallenbeck B. PUBLIC CHARGE Chair McKee dispensed with the reading of the Public Charge C. PUBLIC HEARING ITEMS 5. Unified Development Ordinance (UDO) Text Amendment - To review government- initiated amendments to the text of the UDO to incorporaterecentchanges in State law with respect to the review and permitting of temporary health care structures. 27 Ashley Moncado, Orange County Planning Inspections, presented the following PowerPoint slides: Unified Development Ordinance Text Amendment Temporary Health Care Structures Quarterly Public Hearing May 26, 2015 Item C5 Purpose To hold a public hearing on a Planning Director initiated Unified Development Ordinance (UDO) text amendment regarding proposed standards fortemporary health care structures to be added into Sections 5.5 Standards for Residential Uses and 10.1 Definitions of the UDO. Background What is a Temporary HealthCare Structure (THCS)? General Definition o A mobile, modular unit, which may include health care amenities, designed to be temporarily placed on a caregiver's property for rehabilitation and extended care of an impaired relative. Purpose o Provide a temporary, affordable, higher quality, and accessible housingoption for those in need, and for families in place of a nursing home facility. Similar to a state of the art hospital room Also known as: MEDCottages Granny Pods Session Law 2014-94 Background Concerns with existing zoning regulations limiting temporary healthcare structures Adopted (August 1, 2014) to accommodate use and limit permittingobstacles statewide Modeled after 2010 Virginia State Legislation Purpose o Allow people withmental or physical impairments tolive and reside with their families in order to receivethe care they need. Outlined Definition and Regulations Proposed Amendments Proposed Revisions to: Section 5.5, Standards for Residential Uses Article 10, Definitions Packet includes theproposed amendments in "track changes" format Renumbering and reformattingofidentified Sections Proposed Amendments 28 Definition 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 morethan 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. Proposed Amendments Submittal Requirements MustmeetSection 2.4, ZoningCompliance Permits Documentation identifying the relationship of the occupant of the THCS and occupant of the single familydwelling Physician's certification Proposed Amendments Standards of Evaluation Existing single family residentialdwelling unit must be located on thesame parcel as the THCS No more than one THCS per lot Mustmeetsetback standards contained in Section 5.5.1, Accessory Structures and Uses Occupancy shall be limited to one mentally or physically impaired individual No signage or advertisement promoting the THCS shall be permitted Shall be required to connect to water, wastewater, and electric utilities serving theprincipal structure All applicable state and local approvals and permits shall be acquired Proposed Amendments Standards of Evaluation Approval of the application shall not exceed one year and requireannual renewal Must be removed 60 days after the mentally or physically impaired person is no longer receiving care or is in a need of assistance Caregiver shall allow inspectionsof the property by the County Public Notification Completed in accordance withSection 2.8.7 of the UDO o Newspaper legal ads for two successive weeks Joint Planning Area Partners Proposed amendments provided on January 14, 2015 o No comments have been received Recommendation The Planning Director recommends theBoard: Receive the proposed amendments to the UDO as detailed in this abstract and attachments. 29 Conduct the public hearing and acceptpublic, BOCC, and Planning Board comment on the proposed amendments. Refer the matter to the Planning Board with a requestthat a recommendation be returned to theBOCC in time for the September 1, 2015 BOCC regular meeting. Adjourn the public hearing until September 1, 2015 in order to receive and accept the Planning Board's recommendation and anysubmitted written comments. Commissioner Dorosin asked if thebuilding of a THCS is permissible, only if the recipient of the care is related to the landowner. Ashley Moncado said that is correct. Commissioner Dorosin asked if the THCS must be removedfrom the property, once the relativeimproves or moves on to a different living situation. Ashley Moncado said currentlyonly one company makes this type of THCS, and they are built to be temporary. She said the THCS are built out of Virginia, wherethere are almost the samestate regulations as North Carolina. She said the TCHS cost about $100,000, and there is no restriction on the word "temporary," so it could beon a property long term. Commissioner Rich asked if the TCHS remains on a property for manyyears, must it always be inhabited by theailingrelative. Ashley Moncado said yes. Commissioner Rich asked if there appears to be a need for the TCHS in OrangeCounty. Ashley Moncado shesaid no one has gone through the process to be permitted, but there have been inquiries. Commissioner Price asked if a domestic partner would fall under the category of relative, and be able to reside in a TCHS. Ashley said that wouldapply for the familyrelationship. Commissioner Price asked for clarification regardinghow water and sewerwould work. Ashley said the applicant would have to go throughEnvironmental Health to make sure that theirpresent system has the capacity to accommodate this usage. Commissioner Price asked if this would also pertain to the Rural Buffer, and would Orange Water and Sewer Authority (OWASA) be involved. Ashley said yes, but properties in the rural buffer on mostly well and septic systems. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier for the Board: To refer the matter to thePlanning Board, with a request that a recommendation be returned to theBOCC in time for the September 1, 2015 BOCC regular meeting. VOTE: Ayes, 5; Nays, 1 (Commissioner Dorosin) Motion Passes Commissioner Dorosin said he likes the idea of the THCS, but he would like for the Board to consider amending the UDO, making such structures more accessible and the regulations less onerous. Commissioner Pelissier said theBOCC could direct the Planning Board to deliberate on thisissue, and to consider other options beforereturning to the Board of County Commissioners with their recommendation. A motion was made by Commissioner Price seconded by Commissioner Pelissier to adjourn the public hearing until September 1, 2015 in order to receive and accept thePlanning Board's recommendation and any submitted written comments. 30 Approved 7/1/2015 1 MINUTES 1 PLANNING BOARD 2 JUNE 3, 2015 3 REGULAR MEETING 4 5 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lydia Wegman-At-Large Chapel 6 Hill Township (Vice Chair); Tony Blake, Bingham Township Representative; Paul Guthrie, At-Large Chapel Hill 7 Township; Buddy Hartley, Little River Township Representative; Bryant Warren, Hillsborough Township 8 Representative; Laura Nicholson, Eno Township Representative; Lisa Stuckey, Chapel Hill Township Representative; 9 Maxecine Mitchell, At-Large Bingham Township; Herman Staats, At-Large, Cedar Grove Township; James Lea, 10 Cedar Grove Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; 11 12 MEMBERS ABSENT: None 13 14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Ashley Moncado, 15 Special Projects Planner; Rachel McCook, Planning Technician; Erica Gray Administrative Assistant II; 16 17 ****** 18 19 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT\ AMENDMENTS: To make a 20 recommendation to the BOCC on government-initiated amendments regarding the 21 review and permitting of temporary health care structures. This item was heard at 22 the May 26, 2015 quarterly public hearing. 23 24 Presenter: Ashley Moncado, Special Projects Planner 25 26 Ashley Moncado: Reviewed abstract. 27 28 Herman Staats: The building and efficiency or some other addition to a structure. I could do that anyway 29 as long as my lot size allows me so nothing in what we discussed about this temporary health care 30 structure prevented someone from using those if they wanted to? 31 32 Ashley Moncado: Correct. There are other options provided in the UDO. 33 34 Herman Staats: I didn’t understand why it’s so restrictive. 35 36 Craig Benedict: When you bring it back to the BOCC, we will explain that more. 37 38 Lisa Stuckey: If I go to page 73, 5-48 under 5.9 (a) 1, if I wanted to do one of these things and hire this 39 company that would put one up, at that point, does it have to be a first or second degree relative? 40 41 Ashley Moncado: Yes. All those options, a relationship by marriage or a legal guardian. 42 43 Lisa Stuckey: If I want to use one of these things, then I am restructured. 44 45 Pete Hallenbeck: This is a state issue. 46 47 Michael Harvey: We are doing this amendment because the state recognizes this specific unit. Previously, 48 our ordinance allowed for a mobile home to be on a property every year. We had to recognize it because 49 31 Approved 7/1/2015 2 the state said we had to allow this and it was a compromise to what was really and unreasonable process 50 to allow for a temporary custodial mobile home that imposes an additional cost. 51 52 Ashley Moncado: We have had previous staff discussion about aging in place, having an accessory 53 dwelling unit to live together in a dwelling unit, etc. 54 55 Pete Hallenbeck: You are putting this in because there is a person with healthcare issues that you want to 56 take care of on your property. 57 58 Lisa Stuckey: Could we recommend losing that limitation? 59 60 Ashley Moncado: I would feel that if you are not more restrictive statute we could recommend it tonight and 61 present it to the BOCC. 62 63 Laura Rohrbacher: I have an issue regarding aging in place and if you have two aging parents, the 64 temporary health care structure does not address that. 65 66 Pete Hallenbeck: If we are going to get rid of the relationship thing. I would like to put something in there 67 that says you care for the people without charging them. 68 69 Tony Blake: How does this differ from a trailer? This sounds like a high end solution for people. This 70 sounds to be a specific company to corner the market on a high end solution and exclude everything else. 71 72 Pete Hallenbeck: The state’s going to do it. Did you want to take the funny thing being rammed down our 73 throat or take the rest of the UDO and try to solve the problem? If we are getting rid of the family thing, put 74 something in there that says don’t charge. 75 76 Ashley Moncado: Reconstructed NC State building codes, a manufactured or mobile home would not 77 qualify as a temporary health care structure. 78 79 Tony Blake: So there’s a different building code for a temporary health care structure? 80 81 Ashley Moncado: Temporary health care structures are to be built to NC State building code as the same 82 as a modular unit so there are standards that are similar to a modular unit. 83 84 Tony Blake: Trying to prevent people from putting mobile in? 85 86 Ashley: Possibly, but we still have the option of that. You can go through the option of having a temporary 87 mobile home brought on a piece of property. 88 89 Tony Blake: this seems to be almost legislation for a specific company to try and corner the market on a 90 high end solution and exclude everything else. That’s what worries me and I think that’s what worries 91 commissioner Dorosin as well. 92 93 Pete Hallenbeck: All that’s true, the states going to do it, they’ve been quietly whacking away at everything . 94 The only think I would say on amending this is do you want to take this one funny thing being rammed 95 down our throats and try and solve a problem or do you want to take the rest of the UDO and really really 96 solve a problem. I don’t have a strong feeling about it, the only thing I would say is if you’re taking out the 97 family thing don’t charge them. 98 32 Approved 7/1/2015 3 99 James Lea: Does this amendment require a special use permit? 100 101 Michael Harvey: No, because state law says you have to allow it. 102 103 James Lea: You have to allow this? 104 105 Michael Harvey: Yes. 106 107 Paul Guthrie: That’s why it’s really touchy if we take this and say oh here’s this problem and get rid of 108 something and now’s there’s this thing that we have to allow and what’s that going to bring to it. 109 110 Tony Blake: General standards aids submittal requirements 1 a & b are really there to do what you are 111 talking about which is say it’s harder to judge a family than someone else. 112 113 Pete Hallenbeck: That’s a good point it’s harder and charge is also nebulous right 114 115 Tony Blake: Right. 116 117 Pete Hallenbeck: Grandma you can live here I got this little thing you need to sign in regards to your estate 118 first. 119 120 Paul Guthrie: If the state requires this to why do we have to put it in the UDO? 121 122 Tony Blake: Because the state has to come in and inspect them and do all of that right 123 124 Paul: The 2nd thing is if it is possible to basically do this under existing UDO provisions why get us into this 125 business of degree of relationship? 126 127 Ashley: Currently this type of use has no way to permit it under the UDO because it is specific to new use. 128 There’s nothing that qualifies for it to be permitted to the UDO and we are going through this process to be 129 consistent with state regulations to identify new UDO. Now that you’re looking at doing all these types of 130 amendments if we weren’t going through this process then it would be permitted as state statue. Currently it 131 is allowed to be permitted and we are trumping the state statue if you’re removing this regulation regarding 132 the relationship. If someone came in without this in the UDO we would have to require that relationship. 133 134 Paul Guthrie: The state doesn’t require a facility to be built but does the state specify who can use it? 135 136 Ashley Moncado: Yes 137 138 Paul Guthrie: Anybody? 139 140 Ashley Moncado: Well do they specify it has to be a physically or mentally impaired individual NC resident. 141 142 Lydia Wegman: And a relative 143 144 Ashley Moncado: Yes 145 146 Paul Guthrie: And a NC resident on top of that? 147 33 Approved 7/1/2015 4 148 Pete Hallenbeck: That’s where your submittal requirements came from the state law? 149 150 Ashley Moncado: Yes, all of this is the state law. We cannot change it if it’s not identical it’s very similar. 151 152 Paul Guthrie: The owner of the property has to be a NC resident and the recipient of the housing has to be 153 a NC resident. 154 155 Ashley Moncado: Yes 156 157 Paul Guthrie: The lawyers are going to have a field day with this one. 158 159 Pete Hallenbeck: And it’s going to cost you about $100,000. 160 161 Craig Benedict: Whey you get a mandate from the state and you start trying to tweak it it’s a slippery slope. 162 So we can resolve some of the options about having people not related by blood living in these accessory 163 structures. I would suggest let’s get this statue, preemption of a lot of our other rules, put in and address 164 the other issues about being more flexible and not having the relationship stuff addressed by other portions 165 of the code. Right now how many people do we allow unrelated by blood in the house? 166 167 Ashley Moncado: 3 168 169 Craig Benedict: Some places allow more than that so I mean there could be a case where you want to go 170 up to 4 or 5 so we would be suggesting other amendments to the code to allow housing opportunities that’s 171 the new trend. I think we could make an amendment to this and the state says are you adhering to us and 172 we say yes and made it even better and they are like Orange County did something again to our 173 minimums. That’s just an idea I think we can address other sections of the code and since the state is 174 asking for this almost verbatim it would be better to let this fly. 175 176 Pete Hallenbeck: I don’t want to take a bad idea and say we combed it’s hair and put lipstick on it and now 177 it’s good. 178 179 Lydia Wegman: Craig, when you say address it in the code you would have to develop new amendments to 180 the code 181 182 Craig Benedict: Yes 183 184 Lydia Wegman: Added to the long list already 185 186 Lisa Stuckey: You could do a completely identical parallel amendment to the code and just change the 187 things we like. We could have 2 of them sitting there. 188 189 Pete Hallenbeck: I’ll remind everybody that we have this dinner with the commissioners every year and 190 that’s an opportunity to say here are areas that we think would be interesting to look at this might be a very 191 good thing to look at and now you’re going to go through the right process instead of tweaking it and if this 192 goes away, we could still have our solution. 193 194 Laura Nicholson: I withdraw my amendment request however this is a solution without a problem. It’s a 195 unaffordable ridiculous thing but I am all for complying with state regulations. 196 34 Approved 7/1/2015 5 197 Tony: 1 question for Mike, this temporary structure does this count against your impervious surface? 198 199 Michael Harvey: Everything counts against your impervious surface if it meets the definition. 200 201 Paul Guthrie: Between the septic laws and the impervious surface, I think there can be lots of decisions 202 made on the process. 203 204 Lydia Wegman: Craig & Michael you mentioned co-housing and it sounds like some discussion is going on, 205 is that something this could incude addressing this problem that we’re talking about? 206 207 Craig Benedict: Yes. I think this could go true we have new initiatives about affordable housing about small 208 housing but we’ve been trying to describe these new housing opportunities out there. Are they mobile 209 homes, are they RVs, are they micro houses, we will be presenting to the commissioners probably in 210 September of this year. These other type of housing options would address bringing the parents back in the 211 house. We’re into that process, we would expect getting a green light to address some of those issues in 212 September or October and bringing forward later this year. 213 214 Lydia Wegman: And would that kind of thing come to the planning board fi the commissioners said go? 215 216 Craig Benedict: Yes, definitely. 217 218 Lydia Wegman: Thank you. 219 220 Pete Hallenbeck: We have a statement of consistency to vote on and it says this isn’t against what’s in the 221 comprehensive plan. It addresses a .25% improvement on that plan. We’ll need a motion to vote on that 222 and then vote on the specific amendment items here. We’ll make a recommendation to the BOCC on the 223 statement of consistency that yes we think it is consistent. 224 225 MOTION made by: Buddy Hartley. Seconded by: Bryant Warren 226 227 Lydia Wegman: Housing goal #2 – Housing that is useable by as many people as possible regardless of 228 age, ability or circumstances but this is only useable by one person 229 230 Tony Blake: 1 income 231 232 Laura Nicholson: it also says affordable housing earlier in that. 233 234 Lydia Wegman: I don’t think it’s consistent so ia m going to vote No. 235 236 Pete Hallenbeck: The comprehensive plan and the UDO are often in conflict with each other. 237 238 Lydia Wegman: I know that. 239 240 Pete Hallenbeck: We want affordable housing and we want sidewalks. 241 242 Lydia Wegman: I realize that I will just note this requirement to vote on consistency is an empty 243 requirement because as you say Pete, there’s always a lot of inconsistent things in the comprehensive plan 244 and you could find something to support almost any position in the plan. 245 35 Approved 7/1/2015 6 246 Paul Guthrie: Are you going to call the vote. 247 248 Vote 10 to 2 (Paul Guthrie/Lydia Wegman*) 249 250 Paul Guthrie: I didn’t like it. 251 252 Pete Hallenbeck: Motion to approve the amendment as in the packet UDO amendments. 253 254 James Lea: What page is that on? 255 256 Pete Hallenbeck: 73 attachement 3. 257 258 Motion by Buddy Hartley. Seconded by Bryant Warren. 259 260 Pete Hallenbeck: This is the section in red we discussed where it says the submittal requirements and so 261 forth. This document is very much driven by the state law. 262 263 Ashley Moncado: Yes 264 265 Vote: 9 to 3 (Lydia Wegman, Lisa Stuckey and Paul Guthrie) 266 267 Pete Hallenbeck: Paul would you like to say anything. 268 269 Paul Guthrie: Bad law, we can deal with the issue without it. 270 271 Lisa Stuckey: I’m voting no simply because I don’t think we have all the facts. This is something worth 272 asking the attorney whether it could be made less restrictive to include nonrelatives to be in compliance 273 with other areas of our UDO to allow husband and wife to be in there together so I just feel like I would 274 rather let the attorney guide us, something for county commissioners to ask the attorney. 275 276 Lydia Wegman: I agree with Lisa. I’m concerned about approving just this piece without having the other 277 pieces. We’ve talked about going forward with it so it’s clear that we are presenting a whole package of 278 options to people who are facing this situation. We may need to follow up on Lisa’s suggesti on and we 279 many need to approve this but I would like to see if there is a way at the same time to approve something 280 that is broader and meets the needs of many more people in the county. 281 282 ****** 283 * Red text was added to the June 3, 2015 minutes to accurately present the vote regarding this item on July 2, 2015 following Planning Board adoption. 36 37 APPROVED 10/6/2015 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING September 1, 2015 7:00 p.m. The Orange County Board ofCommissioners met in regular session on Tuesday, September 1, 2015 at 7:00 p.m. at the Whitted Building in Hillsborough, N.C. COUNTY COMMISSIONERSPRESENT: Chair McKee and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTYSTAFF PRESENT: CountyManager BonnieHammersley, Deputy County Manager Travis Myren and Clerk to theBoard Donna Baker (All other staff members willbe identified appropriately below) Chair McKee calledthemeeting to order at 7:04 p.m. 1. Additions or Changes to the Agenda Chair McKee said the discussion of a potential bond referendum will takeplace at the Board's work session on September 10th, and with theschool boards on September 29tH returning as a decision item on October 6th He notedthe following items atthe Commissioners' places: Blue sheet— Copy of the Board of County Commissioners' (BOCC) Adopted Social Justice Goals from 2010 Green — Revised Script for Item 5-b — Class A Special Use Permit (SUP) — SolarArray off White Cross Road. John Roberts noted a linguistic change on page 63 of the abstract where there are 4 instances when a Board Member can make a "motion to affirm or reject". He said whenthe meeting reaches this point, the Board should use the word adopt ratherthanaffirm. PowerPoint slides for item7a-Jail Alternatives Work Group Report MonthlyPlanning Department Report PUBLICCHARGE Chair McKee dispensed withthe reading of the Public Charge 2.Public Comments a. Matters not on the PrintedAgenda None b. Matters on the PrintedAgenda None 3. Announcements and Petitions by Board Members 38 VOTE: UNANIMOUS 5.Public Hearings a. Unified Development Ordinance Text Amendment Related to Temporary Health Care Structures — Public Hearing Closure and Action (No Additional Comments Accepted) The Board considered receiving thePlanning Board recommendation, closing the public hearing, and deciding accordingly and/or adopting the Statement ofConsistency and the Ordinance amending theUnified DevelopmentOrdinance (UDO) regarding temporary health care structures as recommended by the Planning Boardand staff. Ashley Moncado, Orange County Planning and Inspections, said this item was presented at the May Quarterly Public Hearing (QPH). She said no modifications were made after the QPH. She said the amendment was presented at theJune Planning Board Meeting, and the Planning Board voted 10-2 to recommendapproval of the Statement ofConsistency; and 9-3 to recommend approval of theproposed amendment. She said all comments from the Planning Board meeting can be found on page 8 within attachment 2. Commissioner Price asked if there had been any collaboration withthe municipalities. Ashley Moncado said the Town of Hillsborough is pursuing an amendment to implement the session law, and there havebeen no comments from the other jurisdictions despitenotification of the proposed amendment being sent to them. A motion wasmade by Commissioner Price, seconded by Commissioner Burroughs to close the public hearing. VOTE: UNANIMOUS Commissioner Dorosin said he will vote against it. He said he knows it is a directive fromthe State, but he finds it a poor way todo policy. Commissioner Dorosin said atthe lastBOCC meeting, the Commissioners had discussed about developingsomething specific to OrangeCounty with broader parameters, and he encouraged the Board to pursue this. Commissioner Dorosin said the Board needs to re-visitthepolicy that no more than 3 unrelated persons can live together as this could be a violation of civil rights, and asked if staff couldrevise this. Ashley Moncado said staff is interested in pursuing thesechanges as well, butneeded to get this text amendment done first and thenreview changes to it. Commissioner Dorosin asked what wouldhappen if the Board rejected this law. Ashley Moncado said theState law wouldtrump County law. She said she spoke with the County Attorney's office regardingmodifying the language, and changes willbe pursued. Commissioner Dorosin said it doesnot matter if theBoard passes this amendment. Ashley Moncado said that is correct. She said theState law wouldtrump the County's refusal to pass it, butpotential future changes could make the amendment more flexible and accommodating. Commissioner Pricesaid she has concerns withthe residency requirement. She asked if there is a definition of, or process, to determine who is a resident. Ashley Moncado said this was a concern with the planning board members as well, and staff knows that this needs to be explored more thoroughly. 39 John Roberts said this has been the law for more than a year now, and he has to recommend that the Countyadopt it, as it is a State law. Commissioner Rich said she too is not supportive of this, and feels it is notwell thought out by State. She said if OrangeCounty can make this better, it should do so. Commissioner Jacobs asked if since many of the Board members do notfeel that this amendment is adequate, would it be possible to tablethe amendment and refer back to staff with some suggestedchanges the Board would like to see, so that it is more tailored to what the Board believes to be appropriate. John Roberts said this is new ground for him. He said the public hearing would need to be re-opened and the item referredback to thePlanning Board. Chair McKeeaskedif the Board could open the same public hearing that was just closed. John Roberts said he thinks so, but would research this now. Commissioner Burroughs asked how long the process would take, if the Board passes this amendment now and re-visits it through the UDO. Ashley Moncado said probably the February QPH would be the earliest timeframe. Commissioner Pelissier said the other reason that she would vote for it is because it would make the rulesmore transparent to thepublic. She asked if someonewanted to create a temporary health care structure, and the County doesnot have it in their UDO, can a person still proceed through State law. Commissioner Pelissier said shedoesnot like what the State is doing. Ashley Moncado said this amendment is not in Orange County's UDO, and that is the main concern of the planning staff. Commissioner Pelissier asked if the Board could approve the amendment, with the contingencythat it would comeback in February2016. John Roberts said a motion to approve contingent on otherthingsfor an ordinance, is not an approval. John Roberts said section 2.8 of the UDO does say that theBoard can reopen the public hearing, as the Board is still present, and refer it back to staff and the Planning Board with any direction theBoard deems appropriate. Commissioner Pricesaid the Board has expressedtheirconcerns ofwanting something less restrictive. She asked if Orange County created a less restrictive policy, would theState policytrump that of the County. John Roberts said there is nothing in the state's language that implies it would preempt the county's wish. He said theState is setting a standard and he believes the County can tailor it to local needs. Chair McKeeasked if anyone has applied to make a temporary healthcare structure. Ashley Moncado said no, butthere have been inquires. Commissioner Rich asked if there is a process to determine if three people living in one structure are unrelated. Ashley Moncado said most of the County's code enforcement is complaint driven. A motion wasmade by Commissioner Jacobs, seconded by Commissioner Priceto reopenthe public hearing. VOTE: UNANIMOUS A motion wasmade by Commissioner Jacobs, seconded by Commissioner Price for the Board to refer this item back to the Planning Board and staff and solicit comments from Board 40 of County Commissioners andto come back at the February2016 QPH and to post the current law on theplanning website. Commissioner Rich made a friendlyamendment to solicit remarks from Carrboro and Chapel Hill. Commissioner Jacobs and Commissioner Price accepted. Commissioner Dorosin clarified that this motion reflectsthe concerns that were mentioned tonight: howmany unrelatedpeople can live in a structure, relationships, residency requirement, andto look at past comments from previousmeetings. Commissioner Jacobs said he meant it to include all comments including those from the May 2015 QPH. VOTE: UNANIMOUS b. Class A Special Use Permit— Solar Array off WhiteCross Road in Bingham Township (Receipt of Planning Board Recommendation — No Additional Public Comment or TestimonyAllowed) The Board considered receiving thePlanning Board recommendation, closing the public hearing, and making a decision on a Class ASpecial Use Permit (hereafter `SUP') application submitted by White Cross Solar LLC and the property owners, Mr. and Mrs. William and CarolByron, proposing the development of a solar array in accordance with Section 2.7 Special Use Permits and Section 5.9.6 (C) Solar Array-PublicUtility of the OrangeCounty Unified Development Ordinance (UDO), approve the recommended Findings of Fact as detailedwithin Attachment 5, andmake a motion approving the SUP. PatMallet, Orange County Current Planning, reviewed this item and all the materials in the abstract. He said page 49, Attachment 5, shows all the findingsof fact, and conditions of approval. He said page 50 reviews all the application components and shows that all the requirements set forth in the UDO were certified as met. He said page 51 shows that all notification requirements were met. He said pages 52-57 show requirementsfor special use permits and solar arrays, noting all findings were in the affirmative. He said page 58 shows the recommendationof the Planning Board, which is consistent with staff's recommendation, noting that all findingsof fact have beenmet. Pat remindedthe Board that the applicant has had extensive conversations with the neighboringproperties, andat thetime of the May Quarterly Public Hearing therewere still two neighbors with concerns about the buffer. He said Item 1 (Attachment 6) speaks to the buffer treatment, which is above and beyond what the code requires. Chair McKee said this is a SUP, and no additional comment or testimony would be allowed. ITEM: 5-b-Attachment 7 A motion wasmade by Commissioner Price, seconded by Commissioner Burroughs to enter Attachments 1-6, and revised Attachment 7 into the minutes. VOTE: UNANIMOUS Michael Harvey presented this portion: 41 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: November 4, 2015 Action Agenda Item No. 3 SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Airports DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Development Ordinance Amendment Outline Form (UDO & Zoning 2015-07) 2. Proposed UDO Text Amendment Michael D. Harvey, Planner III (919) 245-2578 Craig Benedict, Director (919) 245-2575 PURPOSE: To review and comment upon Planning Director initiated Unified Development Ordinance (UDO) text amendments seeking to revise existing regulations governing the development of airports. BACKGROUND: The Amendment Outline Form (Attachment 1) for this amendment was reviewed and approved by the BOCC at its May 5, 2015 regular meeting. During the time period the UDO was being developed (2010-11) there were efforts by the State and the University of North Carolina at Chapel Hill to locate a new airport in Orange County. These efforts were, ultimately, abandoned. At that time staff and residents identified a need to revise existing regulations governing the development of airports. Work on this issue was delayed while more pressing UDO amendments were pursued. Work on new airport development standards became part the Implementation Bridge which is available at: http://www.orangecountync.gov/Implementation_Bridge.pdf. Staff is proposing to create a new Conditional Zoning District allowing for the development of an airport. This would require the BOCC to legislatively act on a petition to amend the zoning atlas to create a new airport district and would allow for the imposition of mutually agreed upon conditions. The proposed amendments also clarify the development of private facilities for local plane enthusiasts and/or commercial operators (i.e. crop dusters). For more information please refer to Section B of Attachment 1. FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1. RECOMMENDATION(S): The Planning Director recommends the Ordinance Review Committee review and comment on the proposed amendments to the UDO. 42 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2015-07 Revision(s) of existing regulations governing the development of airports. A. AMENDMENT TYPE Map Amendments Comprehensive Plan – Future 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(s): 1. 3.8 Conditional Districts; 2. 5.2.1 Table of Permitted Uses – General Use Zoning Districts; 3. 5.17.5 General Aviation Airports, STOL, and Heliports; and 4. Article 10 Definitions Other: Attachment 1 43 2 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 a text amendment to revise existing regulations governing the review and approval of airports. This is one of the items in the UDO implementation bridge. During the time period the UDO was being developed (2010-11) there were efforts by the State and the University of North Carolina at Chapel Hill to locate a new airport in rural Orange County. The State General Assembly created a new airport authority in Orange County for the purpose of developing a new facility intended to take the place of Horace-Williams airport, which was slated to be closed with the development of Carolina North, in the Town of Chapel Hill. These efforts were, ultimately, abandoned due to local community concerns over the process initiated by the State Legislature and the University. The State rescinded the airport authority and, as of the writing of this document, no additional activity has occurred. At that time staff and residents identified a need to revise existing regulations governing the development of airports. Work on this issue was delayed while more pressing UDO amendments were pursued. 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’. Airport and other similar facilities are currently combined into a central land use category, specifically Airports, General Aviation, Heliports, STOL, defined within the UDO as follows: • “Airport (Heliport: S.T.O.L. Port), Air Carrier: A public airport served by a certified air carrier. This includes any runways, land areas or other facilities designed or used for landing, taking off, processing passengers or cargo. • Airport, Commuter Service (Heliport: S.T.O.L. Port): A public airport, not served by a certified air carrier, but is served by one or more commuter airlines which enplaned 2500 or more passengers in the preceding calendar year. • Airport, General Aviation (Heliport: S.T.O.L. Port): A public airport serving aviation other than airlines. This includes any runway, land area, or other facility designed or used for the landing and taking off of small aircraft.” Such use(s) are permitted only through the review and approval of a Class A Special Use Permit by the BOCC in the following general use zoning districts: 1. Rural Buffer (RB); 44 3 2. Agricultural Residential (AR); 3. Rural Residential (R-1); 4. Light Industrial (I-1); 5. Medium Industrial (I-2); and 6. Heavy Industrial (I-3). Staff is proposing to create a new Conditional Zoning District allowing for the development of an airport. This would require the BOCC to act on a petition to amend the zoning atlas to create a new airport district. Staff believes this mechanism will be the most appropriate as it would: a. Require the applicant to obtain approval of the site plan by the BOCC before the project can move forward; b. Allow for the review of the project in a legislative setting rather than the quasi-judicial setting associated with a Special Use Permit; c. Allow for a process whereby the County can negotiate with the applicant to address potential impacts of the project on surrounding property owners; and d. Give greater flexibility to the BOCC with respect to acting on the petition. The proposed amendments will also clarify the development of private facilities for local plane enthusiasts. The amendments are necessary to address previously expressed concerns over the development of an airport in the County, update existing development standards/regulations, and provide the County with greater flexibility in terms of acting on the petition. Additional analysis will be part of the public hearing materials. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 4. New Statutes and Rules N/A C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed 45 4 May 5, 2015 b. Quarterly Public Hearing February 22, 2016 (NOTE: this date is subject to change with the adoption of the BOCC 2016 meetings calendar) c. BOCC Updates/Checkpoints May 5, 2015 – Approval of UDO Amendment Outline Form November 4, 2015 and January 6, 2016 (if necessary) – Planning Board Ordinance Review Committee (ORC) February 22, 2016 (projected date) – Quarterly Public Hearing May 2016 – Receive Planning Board Recommendation d. Other N/A 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements a. Planning Board Review: November 4, 2015 and January 6, 2016 (if necessary) – Ordinance Review Committee April 6, 2016 – Recommendation b. Advisory Boards: Commission for the Environment – December 2015 Economic Development Advisory Board – November 2015 c. Local Government Review: Staff will transmit copies of the proposed text amendments to our planning partners in the Towns of Chapel Hill, Carrboro, and Hillsborough and the City of Durham for their review and comment in December of 2015. d. Notice Requirements Legal advertisement published in accordance with the provisions of the UDO. 46 5 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 FY2015-16 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS The amendment will revise existing, outdated, regulations governing the development of an airport. E. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment 2. Primary Staff Contact: Michael D. Harvey Planning (919) 245-2597 mharvey@orangecountync.gov General Public: Open House Meetings to review project with interested property owners/residents – December 2015 or January 2016. Advertising shall be in local paper and County website. Small Area Plan Workgroup: Other: Submit regulations to the FAA for review/comment November 2015 47 AP-CZ AIRPORT GENERAL AVIATION DISTRICT DIMENSIONAL AND RATIO STANDARDS Tract size, min. (acres) none Tract Front Setback from ROW, min. (feet) No requirement [1] PURPOSE Tract Side Setback, min. (feet) No requirement [1] The purpose of the Airport – General Aviation (AP-CZ) District is to provide for potential development of aviation facilities while addressing the impacts of such development on nearby land uses. The goal of the AP-CZ district is to require that aviation facilities mitigate impacts they cause while protecting nearby existing or identified future land uses rather than requiring that surrounding land uses adjust to an aviation facility.1 APPLICABILITY Tract Rear Setback, min. (feet) No requirement [1] The district shall be located in such a manner as to cause the least impact practical to the character of existing development of surrounding properties, thus insuring the most appropriate use of land in the county. When evaluating an application for this district, emphasis shall be given to the location of the proposed airport district, the relationship of the site and site development plan to adjoining property, and the development itself. Height, max. (feet) No requirement [1] Tract Floor Area Ratio, max No requirement [1] Required Open Space Ratio, min. No requirement [1] DIMENSIONAL STANDARDS NOTES: [1] The AP-CZ district is intended to allow for flexibility in dimensional standards. The overall development will be evaluated to ensure compatibility with surrounding properties and with the policies and objectives of this Ordinance. Specific site design standards shall be incorporated into the Planning Department-approved Site Plan. Required Livability Space Ratio, min. No requirement [1] Required Recreation Space Ratio, min. No requirement [1] Required Pedestrian / Landscape Ratio, min. No requirement [1] AP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Applications for the AP-CZ district shall be accepted only for parcels with direct frontage and access from a State maintained roadway.2 2. Potential uses shall be restricted to those listed as permitted for the AP-CZ District in Section 5.2.3. 3. All roadways developed within the AP-CZ district shall be designed and constructed to the public road pavement standards as defined by the North Carolina Department of Transportation.3 1 Typically when an airport is developed local land use regulations restrict adjacent development to protect the airport operation. From our standpoint what we are attempting to do is require the exact opposite, specifically an airport should not create a significant impact on adjacent property owners use of their property. 2 Staff wants to ensure adequate access to a proposed airport facility by requiring frontage on a public road. 3 This is being recommended to ensure roadways can handle heavy equipment and emergency vehicles. 48 4. All required land area supporting development within the AP-CZ District, including required land use buffers and open space, shall be under the ownership or control of the applicant prior to the submittal of a rezoning petition.4 5. Specific uses shall be limited to those approved by the Board of County Commissioners. Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 6. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. 7. Development within the conditional zoning district shall be subject to all applicable use standards detailed in Articles 5 and all applicable development standards detailed within Article 6 of this Ordinance or provide creative alternatives that meet the intent and spirit of the regulations. 8. The AP-CZ zoning district shall be prohibited within the Rural Buffer land use classification as denoted on the Future Land Use Map of the adopted 2030 Comprehensive Plan. 9. No new development having a significant negative impact on existing roadways, traffic patterns or surface drainage patterns shall be permitted unless an appropriate and viable solution has been approved to mitigate these conditions. 4 The purpose of the requirement is to ensure the applicant has total control over the property(s) that will comprise the proposed airport facility. Our goal is to ensure adjacent property owners do not have their development rights limited (i.e. height restrictions) due to the development of an airport. 49 Article 5: Uses Section 5.1: Establishment of Use Regulations Orange County, North Carolina – Unified Development Ordinance Page 5-2 (C) In addition to the listing of such uses, the Board of County Commissioners intends that the general standards and the more specific requirements established herein, shall be used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as appropriate, to direct deliberations upon application or the approval of Special Uses. (D) It is the express intent of the Board of County Commissioners to delineate the areas of concern connected with each Special Use and to provide standards by which applications for such Special Use shall be evaluated. (E) Establishment of Classes of Special Uses; Authority To Approve or Disapprove There are hereby established the following classes of Special Uses which shall be approved or disapproved as shown: (1) Class A - Approved or disapproved by Board of County Commissioners (2) Class B - Approved or disapproved by Board of Adjustment 5.1.4 Conditional Uses (A) The Board of County Commissioners is mindful of its responsibility to protect the public health, safety and general welfare of the residents of Orange County and intends to encourage development within the County consistent with that purpose. (B) The Board of County Commissioners also recognizes that certain uses are appropriate for development in Orange County but their location and site development specifics cannot be predetermined or regulated through the use of a general zoning district designation and conventional standards. (C) Conditional Uses and Conditional Use Districts are hereby established and shall be reviewed in accordance with the provisions of this Ordinance. (D) Permitted Uses (1) Any use listed as Permitted by Right or by Special Use Permit on the Table of Permitted Uses may be approved as a Conditional Use within a Conditional Use District, unless expressly excluded in Section 5.1.4(E) of this Ordinance. (2) Permitted uses are subject to all general and specific standards of approval for that use, as established within this Section. (E) Exclusions (1) Unless otherwise noted in Section 5.2, the following uses shall not be considered or approved as a Conditional Use District within the Commercial-Industrial Transition Activity Node or Economic Development Transition Activity Node land use classifications, as designated by the adopted Comprehensive Plan: (a) Airports, General Aviation, Heliports, S.T.O.L, (a)(b) Airport, Private Airfield,1 (b)(c) Class II Kennels, (c)(d) Commercial Feeder Operation, (d)(e) Composting Operation with grinding, (e)(f) Crematoria, (f)(g) Extraction of Earth Products, (g)(h) Junkyards, 1 Staff is modifying existing language to be consistent with proposed new airport classification methodology.  It is  not our intent to allow these land uses to be approved through the Conditional Use District process.  50 Article 5: Uses Section 5.1: Establishment of Use Regulations Orange County, North Carolina – Unified Development Ordinance Page 5-3 (h)(i) Landfills (less than 2 acres), (i)(j) Landfills (2 acres or more), (j)(k) Meat Processing Facility, Regional, (k)(l) Military Installations (National Guard & Reserve Armory), (l)(m) Residential Hotel (Fraternities, Sororities, and Dormitories), (m)(n) Sawmills, (n)(o) Stables, Commercial, (o)(p) Stockyards / Livestock Markets, and (p)(q) Waste Management Facility; Hazardous & Toxic (2) For all land use classifications other than the Commercial-Industrial Transition Activity Node or Economic Development Transition Activity Node, the following uses shall not be considered or approved as a Conditional Use District: (a) Agricultural Processing Facility (b) Airports, General Aviation, Heliports, S.T.O.L, (b)(c) Airport, Private Airfield (c)(d) Bus Terminals & Garages, (d)(e) Class II Kennels, (e)(f) Commercial Feeder Operation, (f)(g) Composting Operation with grinding, (g)(h) Crematoria, (h)(i) Drive-In Theaters, (i)(j) Extraction of Earth Products, (j)(k) Farm Equipment Rental, Sales and Service, (k)(l) Feed Mill, (l)(m) Funeral Homes, (m)(n) Health Services: Over 10,000 square feet, (n)(o) Hospitals, (o)(p) Hotels & Motels, (p)(q) Industrial, Light, (q)(r) Industrial, Medium, (r)(s) Industrial, Heavy, (s)(t) Junkyards, (t)(u) Landfills (less than 2 acres), (u)(v) Landfills (2 acres or more), (v)(w) Meat Processing Facility, Regional, (w)(x) Military Installations (National Guard & Reserve Armory), (x)(y) Motor Freight Terminals, (y)(z) Motor Vehicle Maintenance & Repair (Body Shop), (z)(aa) Motor Vehicle Repair Garage, 51 Article 5: Uses Section 5.1: Establishment of Use Regulations Orange County, North Carolina – Unified Development Ordinance Page 5-4 (aa)(bb) Petroleum Products: Storage & Distribution, (bb)(cc) Research Facility, (cc)(dd) Residential Hotel (Fraternities, Sororities, and Dormitories), (dd)(ee) Sawmills, (ee)(ff) Stables, Commercial (ff)(gg) Stockyards / Livestock Markets, (gg)(hh) Storage of Goods, Outdoor, (hh)(ii) Waste Management Facility; Hazardous & Toxic, and (ii)(jj) Wholesale Sales. 52 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-11 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 OI ASEI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) La n d f i l l s ( 2 A c r e s o r M o r e ) ~ A A A A A A A La n d f i l l s ( L e s s T h a n 2 A c r e s ) ~ B B B B B B B Wa s t e M a n a g e m e n t F a c i l i t y ; H a z a r d o u s & T o x i c ~ A A A MIS C E L L A N E O U S Ac c e s s o r y U s e s * * * * * * * * * * * * * * * * * * * * * Ai r p o r t s, Pr i v a t e A i r f i e l d G e n e r a l A v i a t i o n , H e l i p o r t s , S. T . O . L ~ 2 A A A A A A As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 * * Ce m e t e r y B * B B B B B B B Ch u r c h * * * * * * * * * * * * * * * * * * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n Cl u b h o u s e s * * * * * * * * Co m m u n i t y C e n t e r B B B B B B B B B * * * * Cr e m a t o r i a ~ * * * Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d U s e A A A Ke n n e l s , C l a s s I * * * * * * Re s e a r c h F a c i l i t y ~ * * * * * * * Re s e a r c h L a n d s & I n s t a l l a t i o n s , N o n - p r o f i t * Ru r a l H e r i t a g e M u s e u m B B B B B Ru r a l S p e c i a l E v e n t s ^ * * * 2 St a f f ’ s  pr o p o s a l  ca l l s  fo r  th e  br e a k d o w n  ai r p o r t s  in t o  2 di s t i n c t  ca t e g o r i e s ,  sp e c i f i c a l l y  pr i v a t e  ai r f i e l d s  an d  ge n e r a l  av i a t i o n  ai r p o r t s .   Private airfields are  in t e n d e d  to  be  us e d  on l y  by  th e  ow n e r  of  th e  pr o p e r t y  wi l l  be  re v i e w e d  un d e r  th e  Cl a s s  A Sp e c i a l  Us e  Pe r m i t  pr o c e s s .    A ge n e r a l  av i a t i o n  airport, open for  pu b l i c  us e ,  wi l l  be  su b j e c t  to  re zo n i n g  to  th e  pr o p o s e d  ne w  Ai r p o r t  Co n d i t i o n a l  Zo n i n g  (A P ‐CZ )  Di s t r i c t .   53 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-22 5. 2 . 3 T a b l e o f P e r m i t t e d U s e s – C o n d i t i o n a l Z o n i n g D i s t r i c t s TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z MH P - C Z REDA-CZ-1 AP-CZ3 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . AGR I C U L T U R A L USE S Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y ^ * * Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y , C o m m u n i t y * Ag r i c u l t u r a l S e r v i c e s U s e s * * Co l d S t o r a g e F a c i l i t y * * Co m m u n i t y F a r m e r s ’ M a r k e t * * Co m p o s t i n g O p e r a t i o n , n o g r i n d i n g * Co m p o s t i n g O p e r a t i o n , w i t h g r i n d i n g ^ * Co o p e r a t i v e F a r m S t a n d * * Eq u e s t r i a n C e n t e r * Fa r m E q u i p m e n t R e n t a l , S a l e s a n d S e r v i c e * Fa r m S u p p l y S t o r e * * Fe e d M i l l * * Gr e e n h o u s e s w i t h O n P r e m i s e s S a l e s * * Me a t P r o c e s s i n g F a c i l i t y , C o m m u n i t y * Me a t P r o c e s s i n g F a c i l i t y , R e g i o n a l ^ * No n - F a r m U s e o f F a r m E q u i p m e n t * St a b l e s , C o m m e r c i a l * * St o c k y a r d s / L i v e s t o c k M a r k e t s ^ * 3 St a f f  is  se e k i n g  in p u t  on  th e  po s s i b i l i t y  of  al l o w i n g  co m m e r c i a l  op e r a t i o n s  wi t h i n  th e  AP ‐CZ  di s t r i c t .    Th e  ma i n  ar e a  of  co n c e r n  is  th a t  uses will more than likely  ha v e  to  re l y  on  we l l  an d  se p t i c  sy s t e m s  to  op e r a t e .    St a f f  is  al s o  co n c e r n e d  ov e r  ho w  th e s e  la n d  us e s  wi l l  be  ab l e  to  ad d r e s s  pu b l i c  sa f e t y  issues (i.e. available  wa t e r  so u r c e s  fo r  fi r e  su p p r e s s i o n ) .    Fu rt h e r ,  we  an t i c i p a t e  th e r e  wi l l  be  ob j e c t i o n s  fr o m  lo c a l  re s i d e n t s  wh o  wi l l  vi e w  th i s  as  an  at t e m p t  to further ‘urbanize’  th e  ru r a l  ar e a s  of  th e  Co u n t y .    We  ha v e  id e n t i f i e d  so m e  la n d  us e s  fo r  co n s i d e r a t i o n .   54 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-23 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z MH P - C Z REDA-CZ-1 AP-CZ3 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . CHI L D CAR E & EDU C A T I O N A L FAC I L I T I E S Ce n t e r i n a R e s i d e n c e f o r 3 t o 1 2 C h i l d r e n Ch i l d C a r e F a c i l i t i e s * Li b r a r i e s * * No n - P r o f i t E d u c a t i o n a l C o o p e r a t i v e Sc h o o l s : D a n c e , A r t & M u s i c * Sc h o o l s : E l e m e n t a r y , M i d d l e & S e c o n d a r y * Sc h o o l s : V o c a t i o n a l * Un i v e r s i t i e s , C o l l e g e s & I n s t i t u t e s * COM M E R C I A L USE S Ba n k s & F i n a n c i a l I n s t i t u t i o n s * Be a u t y & B a r b e r S h o p s * * Co n s t r u c t i o n ( S e c t o r 2 3 ) * Co n t r a c t o r s , B u i l d i n g & T r a d e * * Co u n t r y S t o r e * * Fi n a n c e & I n s u r a n c e ( S e c t o r 5 2 ) * Fu n e r a l H o m e s * Ga r d e n C e n t e r w i t h O n P r e m i s e s S a l e s * * Ho t e l s & M o t e l s * In s u r a n c e C a r r i e r s & A g e n t s * Ju n k y a r d s Ke n n e l s , C l a s s I * Ke n n e l s , C l a s s I I * La u n d r y & D r y C l e a n i n g S e r v i c e s * Ma n a g e m e n t o f C o m p a n i e s & E n t e r p r i s e s ( S e c t o r 5 3 ) * 55 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-24 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z MH P - C Z REDA-CZ-1 AP-CZ3 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Ma s s a g e , B u s i n e s s o f * Me t a l F a b r i c a t i o n S h o p * Mi c r o b r e w e r y w i t h M i n o r E v e n t s * * Mi c r o b r e w e r y w i t h M a j o r E v e n t s ^ * * Ni g h t c l u b s , B a r s , P u b s * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 1 * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 2 * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 3 * * Pr o f e s s i o n a l , S c i e n t i f i c & T e c h n i c a l S e r v i c e s ( S e c t o r 5 4 ) * Re a l E s t a t e A g e n t s & B r o k e r s * * Re p a i r S e r v i c e E l e c t r o n i c & A p p l i a n c e * Re s t a u r a n t s : C a r r y O u t * Re s t a u r a n t s : D r i v e I n * Re s t a u r a n t s : G e n e r a l * Re t a i l , C l a s s 1 * Re t a i l , C l a s s 2 * Re t a i l , C l a s s 3 * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t * * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t I n n * * Ru r a l G u e s t E s t a b l i s h m e n t : C o u n t r y I n n * * St o r a g e o f G o o d s , O u t d o o r * * * St o r a g e o r W a r e h o u s i n g : I n s i d e B u i l d i n g * * St u d i o ( A r t ) * * Ta x i d e r m y * Th e a t e r , I n d o o r o r O u t d o o r ( i n c l u d i n g D r i v e - i n s ) * * 56 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-25 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z MH P - C Z REDA-CZ-1 AP-CZ3 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . To u r i s t H o m e Wh o l e s a l e T r a d e * Wi n e r y w i t h M i n o r E v e n t s * * Wi n e r y w i t h M a j o r E v e n t s ^ * * EXT R A C T I V E USE S Ex t r a c t i o n o f E a r t h P r o d u c t s GOV E R N M E N T A L USE S Go v e r n m e n t a l F a c i l i t i e s & O f f i c e B u i l d i n g s * Go v e r n m e n t a l P r o t e c t i v e S e r v i c e s ( P o l i c e & F i r e S t a t i o n s ) R e s c u e Sq u a d s , V o l u n t e e r F i r e D e p a r t m e n t s * Mi l i t a r y I n s t a l l a t i o n s ( N a t i o n a l Gu a r d & R e s e r v e A r m o r y ) Pu b l i c A d m i n i s t r a t i o n ( S e c t o r 9 2 ) * MAN U F A C T U R I N G , ASS E M B L Y & PRO C E S S I N G As s e m b l y a n d P a c k a g i n g O p e r a t i o n s I n c l u d i n g M a i l O r d e r Ho u s e s , B u t E x c l u d i n g O n - P r e m i s e s R e t a i l O u t l e t s * In d u s t r i a l , H e a v y * In d u s t r i a l , L i g h t * * In d u s t r i a l , M e d i u m * * Ma n u f a c t u r i n g ( S e c t o r 3 1 - 3 3 ) * Mi c r o b r e w e r y , p r o d u c t i o n o n l y * * Ph a r m a c e u t i c a l P r o d u c t s * Pr i n t i n g & L i t h o g r a p h y * Sa w m i l l s ^ * Wi n e r y , p r o d u c t i o n o n l y * * MED I C A L USE S He a l t h S e r v i c e s : O v e r 1 0 , 0 0 0 S q . F t . * 57 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-26 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z MH P - C Z REDA-CZ-1 AP-CZ3 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . He a l t h S e r v i c e s : U n d e r 1 0 , 0 0 0 S q . F t * Ho s p i t a l s * Ve t e r i n a r y C l i n i c * * Ve t e r i n a r y C l i n i c , m o b i l e * * Ve t e r i n a r y H o s p i t a l s * * REC R E A T I O N A L USE S Ar t s , E n t e r t a i n m e n t & R e c r e a t i o n ( S e c t o r 7 1 ) Bo t a n i c a l G a r d e n s & A r b o r e t u m s * Ca m p / R e t r e a t C e n t e r * Go l f D r i v i n g a n d P r a c t i c e R a n g e s * Gu e s t R a n c h * Pa r k s , P u b l i c & N o n - P r o f i t * * Re c r e a t i o n a l F a c i l i t i e s ( N o n - P r o f i t ) * Re c r e a t i o n a l F a c i l i t i e s ( P r o f i t ) * Go l f C o u r s e * * Ra c e T r a c k ( M o t o r i z e d , e t c . ) a n d G o - K a r t T r a c k F a c i l i t i e s * RES I D E N T I A L USE S Dw e l l i n g ; M o b i l e H o m e * * Dw e l l i n g ; M u l t i p l e F a m i l y * Dw e l l i n g ; S i n g l e - F a m i l y * * Dw e l l i n g ; T w o - F a m i l y * Fa m i l y C a r e H o m e Gr o u p C a r e F a c i l i t y * Re h a b i l i t a t i v e C a r e F a c i l i t y * Re s i d e n t i a l H o t e l ( F r a t e r n i t i e s , So r o r i t i e s , a n d D o rm i t o r i e s ) 58 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-27 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z MH P - C Z REDA-CZ-1 AP-CZ3 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Ro o m i n g H o u s e TEL E C O M M U N I C A T I O N S Te l e c o m m u n i c a t i o n T o w e r – S t e a l t h ( 7 5 f e e t o r s h o r t e r ) * * Te l e c o m m u n i c a t i o n T o w e r s ( 1 5 0 f e e t i n h e i g h t o r s h o r t e r ) * * Te l e c o m m u n i c a t i o n T o w e r s ( g r e a t e r t h a n 1 5 0 i n h e i g h t ) * * TEM P O R A R Y USE S Bu i l d i n g s , P o r t a b l e * Te m p o r a r y M o b i l e H o m e ( C u s t o d i a l C a r e ) * Te m p o r a r y M o b i l e H o m e ( U s e d u r i n g c o n s t r u c t i o n / i n s t a l l a t i o n o f pe r m a n e n t r e s i d e n t i a l u n i t a n d f o r 3 0 d a y s f o l l o w i n g i s s u a n c e o f Ce r t i f i c a t e o f O c c u p a n c y * TRA N S P O R T A T I O N Bu s P a s s e n g e r S h e l t e r * Bu s T e r m i n a l s & G a r a g e s * * Mo t o r F r e i g h t T e r m i n a l s * * Mo t o r V e h i c l e M a i n t e n a n c e & R e p a i r (B o d y S h o p ) * Mo t o r V e h i c l e R e p a i r G a r a g e * Mo t o r V e h i c l e S a l e s R e n t a l (N e w & U s e d ) * Mo t o r V e h i c l e S e r v i c e s S t a t i o n s * Pa r k i n g A s P r i n c i p a l U s e , S u r f a c e o r S t r u c t u r e * * Pe t r o l e u m P r o d u c t s : S t o r a g e & D i s t r i b u t i o n * Po s t a l & P a r c e l D e l i v e r y S e r v i c e s * * * UTI L I T I E S El e v a t e d W a t e r S t o r a g e T a n k s * * * 59 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-28 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z MH P - C Z REDA-CZ-1 AP-CZ3 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Pu b l i c U t i l i t y S t a t i o n s & S u b - St a t i o n s , S w i t c h i n g S t a t i o n s , Te l e p h o n e E x c h a n g e s , W a t e r & S e w a g e T r e a t m e n t P l a n t s * * El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n L i n e s * * Wa t e r & S a n i t a r y S e w e r P u m p i n g * * So l a r A r r a y – L a r g e F a c i l i t y * * So l a r A r r a y – P u b l i c U t i l i t y * * WAS T E MAN A G E M E N T La n d f i l l s ( 2 A c r e s o r M o r e ) La n d f i l l s ( L e s s T h a n 2 A c r e s ) Wa s t e M a n a g e m e n t F a c i l i t y ; H a z a r d o u s & T o x i c MIS C E L L A N E O U S Ac c e s s o r y U s e s * * * * Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S . T . O . L . As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 O c c u p a n t s ^ * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 O c c u p a n t s * * * Ce m e t e r y Ch u r c h * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n C l u b h o u s e s * * Co m m u n i t y C e n t e r * * Cr e m a t o r i a * Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d U s e * * In f o r m a t i o n ( S e c t o r 5 1 ) * Re s e a r c h F a c i l i t y * * Re s e a r c h L a n d s & I n s t a l l a t i o n s , N o n - p r o f i t * * Ru r a l H e r i t a g e M u s e u m * 60 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-29 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z MH P - C Z REDA-CZ-1 AP-CZ3 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Ru r a l S p e c i a l E v e n t s * * 61 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-136 (e) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (f) The site is served by direct access to a State maintained road. (g) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (3) Expiration and Renewals (a) This Class A Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of Commissioners after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (b) The Board of County Commissioners shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. If the Board of County Commissioners does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (c) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.17.5 General Aviation Airports, STOL and Heliports4 (A) General Standards (1) Unmanned Aircraft Systems (UAS) as defined by the Federal Aviation Administration (FAA) used for commercial purposes shall be subject to the provisions of these regulations.5 (B) Standards for Airport – Private Airfield (Class A Special Use Permit) (1) Submittal Requirements In addition to the information required in section 2.7, the following shall be submitted as part of the application: (a) A notarized statement from the applicant indicating the airfield shall be used only for personal use and not connected with commercial air travel.6 (b) The number and type of aircraft proposed to be stored and used on site. (c) The site plan shall denote the location of storage areas for the aircraft as well as fuel storage and aircraft service areas. 4 As previously indicated staff is proposing to breakdown airports into 2 categories:  Airport ‐ Private Airfield and  Airports – General Aviation.  Private airfields will be reviewed under the Class A Special Use Permit process while a  general aviation airport will be subject to rezoning to the Airport Conditional Zoning (AP‐CZ) District  5 UAS is the term used by the FAA for drones, models, and radio controlled aircraft.  The intent of the standard is to  require a property owner using same as part of a commercial operation to obtain the necessary permits.  6 Staff is only requiring a private airfield be prohibited from being used to support a commercial air travel  operation.  62 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-137 (a)(d) The site plan shall containe Aa configuration diagram depicting the layout of runways, taxiways, approach zonesAirport Surface Zones, helicopter pads, and overrun areas. These diagrams should also be on aerial photographs that show the area within five 27 miles of the proposed site. (b)(e) Isotonic contours or noise contour lines 8showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site. (c)(f) The number and type of aircraft proposed to be stored including also the storage areas for aircraft, fuel and motor vehicles, service areas for aircraft.9 (d)(g) How on site fire and rescue services shall be provided and a letter from the appropriate agency stating services are available and adequate to protect the proposed facility. (e)(h) List of land uses located within the final approach zones of the airportairfield. (i) Hazardous Materials Management Plan, including a description of the program for application, storage, and handling of various chemicals and fuel products including, but not limited to, the following: (i) Airplane fuel, (ii) Hydrolic fluid, (iii) Oil, (iv) Lubricants utilized to support aircraft, (v) Pesticides and/or fertilizers, and (vi) Any other hazardous substances; A Material Safety Data Sheet listing each substance, its known impacts, physical properties, and protective measures is required as part of the submittal. (f)(j) Certification that all Federal Aviation Administration (FAA) and State standards and requirements have been met. (2) Standards of Evaluation (a) There shall be a limit of 5 aircraft for the facility all of which shall be owned by the property owner.10 (a)(b) All F.A.A. and State regulations are met as a condition of approval including, but not limited to, noise level limits.11 7 Staff is not requiring the full 5 mile radius for an Airport‐Private Airfield as the impacts should not be as great as  what we anticipate for an Airport – General Aviation land use.  8 In reviewing FAA information on airport development these terms are used interchangeably.  9 This provision was moved to subsection(s) (b) and (c) of the proposed amendment.  10 Staff is recommending this language to avoid the blurring of commercial versus private facilities.  What we want  to avoid is a private property owner allowing for ‘public’ use of an airstrip as part of a club, organization, or other  similar activity.  11 Noise contour lines are a continuous line on a map representing equal levels of noise exposure. According to the  FAA severe noise exposure occurs outside the 55 DNL (day‐night average sound level) contour line, the level at  which the Federal Aviation Administration (FAA) describes noise exposure as minimal.  Noise exposure is regarded  as significant above the 65 DNL noise contour line.    63 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-138 (b)(c) The site and its operation will not adversely affect existing adjacent land uses. (c)(d) Land sufficient to provide approach zones and overrun areas is owned or controlled by the applicant. (d)(e) Adequate land area is provided for all of the proposed uses, buildings and storage areas. (e)(f) Screening of buildings, storage and maintenance areas is provided from adjacent residential land. (f)(g) Letters from appropriate fire and rescue agencies that protective services can be provided at an adequate level. (g)(h) Access shall be directly onto a State maintained road. (h)(i) Compatible land uses are located in the final approach areas of the airport. (C) Standards for Airports – General Aviation (AP-CZ) (1) Pre-application Submittal Requirements12 (a) Letter of Intent: An applicant shall be required to submit to the Planning Department a Letter of Intent indicating the interest in developing an AP- CZ District within the county. As part of this Letter, the applicant shall include the following: (i) A map and aerial photo of the subject property including a legal description, (ii) Preliminary feasibility studies outlining the rationale for choosing the site in question, (iii) A site plan outlining the location of all facilities and required areas as detailed herein, and (iv) An environmental assessment completed in accordance with Section 6.16.3 of the Ordinance. Staff shall inform the County Manager’s office in writing within 5 days of the submittal of the letter and outline a preliminary schedule for review of the project. (b) Initial Neighborhood Information Meeting: Within fourteen days of submitting the Letter of Intent the petitioner shall schedule, at their expense, a Neighborhood Information Meeting (NIM) designed to inform local residents of the proposed project. The location of this meeting shall be a government office, community building, or other similar facility that is located in close proximity to the proposed District. During this meeting, Planning Staff will outline the process that will be employed to review the formal application, once submitted, and outline the detailed studies and plans that will be part of the review process. The applicant shall adhere to notification criteria outlined within Section 2.9.2 (D) of this Ordinance. 12 Given the nature of the development staff believes it would be appropriate to require a the submittal of a notice  of intent to inform all parties of a pending application as well as an initial neighborhood meeting so that the  general public can comment on the proposed prior to it being submitted.  As written there will be 2 neighborhood  meetings for the development of an Airport‐ General Aviation facility with the second meeting occurring prior to  the actual public hearing.  64 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-139 The applicant shall also be required to advertise the scheduled initial NIM two (2) weeks prior to the agreed upon date of the meeting in a newspaper of general circulation within the county. (2) Submittal Requirements: In addition to the information required herein as well as Section(s) 2.513 and 2.9.2, the following shall be submitted as part of the application: (a) The site plan shall contain a configuration diagram depicting the layout of runways, taxiways, overrun areas, and Airport Surface Zones14. In addition, required information shall be provided on aerial images that show the area within 5 miles of the proposed site. (b) An architectural concept plan shall be required demonstrating the proposed building materials, colors, and anticipated design elements of all structures proposed for the District. (c) Site Data: A written and graphic site analysis illustrating: (i) Soils, (ii) Depth to water table, (iii) Slope, (iv) Hydrology, (v) Natural areas and habitats of special concern, (vi) Infrastructure and other manmade features, (vii) Historic and archaeological sites, and (viii) A visual analysis of views into and from the site; (d) A grading, erosion control, and stormwater management plan. (e) A biological inventory which identifies: (i) Habitat diversity, 13 All site plans have to demonstrate compliance with development standards contained within Article 6 which  includes parking, signage, and lighting.  Staff does not believe it necessary to repeat compliance with these  individual sections herein.  14 An airport has several imaginary surfaces and zones that exist primarily to prevent existing or proposed  manmade objects, objects of natural growth, or terrain from extending upward into navigable airspace.  These  include approach surfaces/zones, transitional surfaces/zones, horizontal surfaces/zones, and conical  surfaces/zones.  The Ordinance requires the applicant to identify, define, and locate each zone as part of the  submittal package.                                65 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-140 (ii) Species diversity, (iii) Species of special concern such as those designated as threatened or endangered, last known sighting, and candidate species likely to be present which may warrant protection, (iv) Specimen trees outstanding in size and/or species, and the status and source of the information compiled in the inventory. The biological inventory shall be accompanied by an analysis describing habitat integrity, relationships between habitats and to ecological communities off-site, any existing threats to flora and fauna, and potential for habitat enhancement. (f) An Environmental Impact Statement prepared in accordance with Section 6.16.4 of the Ordinance. (g) A comprehensive groundwater study to determine the appropriateness of the proposed land use(s). Such a study shall detail how much water is anticipated to be consumed, the amount of groundwater withdrawal that is safe and sustainable in the immediate vicinity of the use, and if other wells within the vicinity are expected to be affected by such withdrawals. (h) Resources Management and Mitigation Plan including, but not limited to: (i) Construction policies, (ii) Methods for protecting water resources and natural areas, (iii) Pollutant monitoring program, (iv) Restoration and mitigation plan for wetlands and other habitats, (v) State and/or Federal permits as may be required for alteration of wetlands, (vi) Maintenance specifications for on-going site management, including solid waste, and (vii) Water conservation plan. (i) Hazardous Materials Management Plan, including a description of the program for application, storage, and handling of various chemicals and fuel products including, but not limited to, the following: (i) Airplane fuel, (ii) Hydrolic fluid, (iii) Oil, (iv) Lubricants utilized to support aircraft, (v) Pesticides and/or fertilizers, and (vi) Any other hazardous substances; A Material Safety Data Sheet listing each substance, its known impacts, physical properties, and protective measures is required as part of the submittal. (j) Isotonic contours or noise contour lines showing the effects of aircraft operations upon land within 5 miles of the boundary of the proposed site. (k) An Emergency Management Plan outlining the facilities procedures and responses to an emergency event. This plan shall identify anticipated resources for fighting a fire including water access sites and provide a detailed breakdown of anticipated involvement by outside public safety agencies. 66 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-141 (l) Type of runway proposed, specifically precision versus non-precision instrument runways. (m) Evidence the proposed airport complies with applicable Federal Aviation Administration (FAA) and State regulations. (3) Standards of Evaluation (a) No structure greater than 50 feet in height shall be erected, altered or maintained, and no trees shall be allowed to grow in any Airport Surface Zone created under the AP-CZ district.15 (b) A perimeter land use buffer shall be installed or maintained consistent with the Type E land use buffer standard as detailed in Secton 6.8.6 of this Ordinance.16 (c) A facility with an non-precision instrument runway shall be allowed to operate only from dawn to dusk. 5.17.6 Major Subdivision (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2.7, the following shall be submitted as part of the application: (a) Notification Stamped envelopes addressed to each owner of property within 500 feet of the property proposed for subdivision. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. (b) Development Schedule A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. (c) Water and Wastewater (i) If the proposed lots are to be served by a public water system, proof of water supply and service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. (ii) If the proposed lots are to be served by a public sewer system proof of public sewer service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the sewer system providing the sewer service to the lots in the subdivision. 15 In reviewing other example Ordinances height limits can range from 50 to 75 feet.  Staff selected 50 feet as it is  more consistent with existing height limits in other general use zoning districts.  16 In recommending this standard staff understands there will be concerns over potential conflicts created with the  preservation/planting of vegetation and aircraft safety (i.e. approach and take off patterns).  Our goal is to require  a sufficient land use buffer to shield adjacent property owners from the impacts of an Airport – General Aviation  facility and confine runaway areas to the interior portion of the AP‐CZ District in an attempt to mitigate noise,  vibration, and visual impacts.    67 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-2 Agritourism A business directly related or incidental to agricultural activities occurring on the bona fide farm on which it is located and conducted for the enjoyment or education of the public. Airport (Heliport: S.T.O.L. Port), Air Carrier A public airport served by a certified air carrier. This includes any runways, land areas or other facilities designed or used for landing, taking off, processing passengers or cargo. Airport, Commuter Service (Heliport: S.T.O.L. Port) A public airport, not served by a certified air carrier, but is served by one or more commuter airlines which enplaned 2500 or more passengers in the preceding calendar year. Airport, General Aviation (Heliport: S.T.O.L. Port) A public airport serving aviation other than airlines. This includes any runway, land area, or other facility designed or used for the landing and taking off of small aircraft. Airport – General Aviation A public airport providing service to air passengers and/or leased aircraft for commercial and/or institutional purposes. Development shall include, but not be limited to, runways, landing areas, supporting infrastructure and facilities, Airport Surface Zones, and ancillary non-residential land uses. Airport – Nonprecision Instrument Runway A runway having an instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. Airport –Precision Instrument Runway A runway having an instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR) or a facility for which a precision approach system has been approved of planned. Airport – Private Airfield A private airfield or strip providing service for personal aircraft. Development shall include, but not be limited to, runways, landing areas, Airport Surface Zones, supporting infrastructure and facilities. Airport Runway Edges of pavement for the taxiing, takeoff, and landing of aircraft. Airport Surface Zones Imaginary surfaces and zones that exist primarily to prevent existing or proposed manmade objects, objects of natural growth, or terrain from extending upward into navigable airspace including: (A) Approach Surface Zone. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. The inner edge approach zone coincides with the width of the primary surface and begins 200 feet from the runway end and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (B) Conical Surface Zone. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet. The conical zone is established on the area that commences at the periphery of the horizontal zone and extends outward there for a distance of 4,000 feet and upward at a slope of 20:1. (C) Transitional Surfaces Zone. These surfaces extend outward at right angles (ninety degree angles) to the runway centerline and extend at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they 68 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-3 intersect the horizontal and conical surfaces. The transitional zones are the areas beneath the transitional surfaces. (D) Horizontal Surfaces. A horizontal plane 150 feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone. The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of the end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. (E) Primary Surface. A surface longitudinally centered on a runway extending 200 feet beyond each end of said runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is 1,000 feet. A graphic example of the individual Airport Surface Zones is as follows: Airport Visual Runway A runway intended solely for the operation of aircraft using visual approach procedures. Anchoring The fastening of the mobile home to its mobile home stand in order to prevent upset or damage due to wind, erosion, flooding, or other natural forces. Appeal A request from a review of an administrative interpretation of any provision of this Ordinance by the Board of Adjustment. Applicator 69