HomeMy WebLinkAboutAgenda 8-m - Amendment Outline Form for UDO Text Amendments – Update of Effective Date of Flood Information Rate Maps (FIRM)ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 4, 2018
Action Agenda
Item No. 8-m
SUBJECT: Amendment Outline Form for Unified Development Ordinance (UDO) Text
Amendments – Update of Effective Date of Flood Information Rate Maps
(FIRM)
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. UDO Amendment Outline Form
2. Draft UDO Amendment(s)
Michael D. Harvey, Planner III, (919) 245-2597
Craig Benedict, Director, (919) 245-2575
PURPOSE: To consider and approve process components and schedule for proposed
amendments to the Orange County Unified Development Ordinance (UDO) updating the
effective date for the County’s Flood Insurance Rate Maps (FIRM).
BACKGROUND: Orange County has been a member of the National Flood Insurance Program
(NFIP) since approximately 1976. The NFIP offers flood insurance to homeowners, renters, and
business owners if their community participates in the program through the adoption and
enforcement of regulations designed to mitigate/reduce flood risk. This includes adoption of
flood maps denoting areas where flooding is a possibility, specifically FIRM developed and
maintained by the Federal Emergency Management Agency (FEMA).
Staff was recently informed by State FEMA officials there is going to be a FIRM update,
specifically a modification of floodplain data on several FIRMs impacting property in Durham
County. While this update will not result in a change in identified flood data within Orange
County, the data on the shared FIRMS is being changed. As a result, Orange County must
modify existing regulation(s) to reflect the new FIRM effective date of October 19, 2018.
This amendment needs to be adopted by October 19, 2018 in order for Orange County to still
eligible for participation within the NFIP. A copy of the recommended language is contained
within Attachment 2.
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 for the text
amendment will be paid from FY2018-19 Departmental funds budgeted for this purpose.
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process these amendments.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
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• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline Form and direct staff to proceed accordingly.
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Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-08
UDO Text Amendment Updating Flood Insurance Rate Map (FIRM)
Effective Date
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section 1.1.3 Flood Damage Prevention Authority – Basis for
Establishment
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to the UDO modifying the effective date of our Flood
Insurance Rate Maps (FIRMs).
Attachment 1 3
Form Revised 09-29-16
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’.
Orange County has been a member of the National Flood Insurance Program (NFIP)
since approximately 1976. The NFIP offers flood insurance to homeowners, renters,
and business owners if their community participates in the program through the
adoption and enforcement of regulations designed to mitigate/reduce flood risk. This
includes adoption of flood maps denoting areas where flooding is a possibility,
specifically Flood Insurance Rate Map (FIRM) developed and maintained by FEMA.
On November 14, 2017 the BOCC approved a UDO and Zoning Atlas Amendment
package that:
1. Adopted new FIRM maps with an effective date of November 17, 2017,
2. Eliminated the Special Flood Hazard Area (SFHA) Overlay District, and
3. Updated existing flood damage prevention regulations to ensure consistency
with State and Federal requirements.
Agenda materials from the November 14, 2017 public hearing can be accessed
utilizing the following link:
http://cms3.revize.com/revize/orangecounty/document_center/BOCCAgendaMinutes/
171114.pdf
State FEMA officials recently informed staff there is going to be a FIRM update
modifying existing flood data. As a result of these changes, the effective date of the
FIRM will change from November 17, 2017 to October 19, 2018.
It should be noted this update will not ‘create’ new flood area, or alter previously
defined floodway on property, within the County’s planning jurisdiction. Unfortunately
as there is an update to existing data, the FIRM has to be modified to incorporate
same, thereby changing the effective date.
Orange County must modify existing regulation(s) to reflect the new FIRM effective
date of October 19, 2018 in order to continue to be eligible for participation in the
NFIP. This amendment needs to be adopted on or before October 19, 2018.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 2 Planning Principles of the Comprehensive Plan:
• Principle 2 – Sustainable Growth and Development: Growth and development
within the county should occur in a pattern, location, and density that is
sustainable over the long-term.
Chapter 5 Land Use Element of the Comprehensive Plan:
• Land Use Goal 1 – Fiscally and environmentally responsible, sustainable
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Form Revised 09-29-16
growth consistent with the provision of adequate services and facilities and a
high quality of life.
• 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
Revised FIRM with a new effective date.
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 4, 2018
b. Public Hearing
October 16, 2018
c. BOCC Updates/Checkpoints
August 1, 2018 – Ordinance Review Committee (ORC) (BOCC received agenda
materials)
September 5, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
August 1, 2018 – Ordinance Review Committee (ORC). There were no
comments or questions related to the proposed amendment.
September 5, 2018 – Recommendation.
August 16, 2018
TBD
N/A
5
Form Revised 09-29-16
b. Advisory Boards:
N/A
c. Local Government Review:
N/A
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2018-19 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 updating of the FIRM effective date will allow the County to maintain membership in
the NFIP program.
E. SPECIFIC AMENDMENT LANGUAGE
Draft language is contained in Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning and Inspections
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
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Orange County, North Carolina – Unified Development Ordinance Page 1-1
ARTICLE 1: ADMINISTRATION
SECTION 1.1: GENERAL PROVISIONS
1.1.1 Title
The official title of this document is ‘Unified Development Ordinance of Orange County, North
Carolina’. For convenience, it shall be referred to throughout this document as ‘this Ordinance’,
‘the Ordinance’, ‘ the/this Unified Development Ordinance’ or ‘the/this UDO’.
1.1.2 Authority
This Ordinance is adopted pursuant to the statutory authority provided in the North Carolina
General Statues (NCGS), specifically the provisions of:
(A) Chapter 153A, Article 18,
(B) Chapter 4,
(C) Chapter 160A, Article 19,
(D) Chapter 39, Article 5A,
(E) §47-30, and
(F) §143 214.5.
For the purpose of establishing comprehensive development regulations for designated portions
of Orange County and providing for administration, enforcement and amendment thereof in
accord with the aforementioned provisions.
1.1.3 Flood Damage Prevention Authority – Basis for Establishment
(A) The Legislature of the State of North Carolina has delegated authority to county
governments to adopt regulations to promote the public health, safety, and general
welfare of its citizenry in the following sections of the North Carolina General Statutes:
(1) Part 6, Article 21 of Chapter 143,
(2) Parts 2, 3 and 4 of Article 18 of Chapter 153A, and
(3) § 153A-121.
(B) The Special Flood Hazard Areas (SFHA) are those identified under the Cooperating
Technical State (CTS) agreement between the State of North Carolina and FEMA in its
Flood Insurance Study (FIS) and associated Digital Flood Insurance Rate Map (DFIRM)
panels, with an effective date of November 17, 2017October 19, 20181 for Orange
County including any digital data developed as part of the, which are adopted by
reference and declared a part of this ordinance.
Future revisions to the FIS and panels that do not change flood hazard data within the
jurisdictional authority of Orange County are also adopted by reference and declared a
part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical
Map Revisions (PMRs) shall be adopted within 3 months.
For reference, previous SFHA data was produced under the CTS agreement between the
State of North Carolina and FEMA or FIS and its accompanying FIRMs for Orange
County dated:
(1) February 2, 2007, with incorporation of Letters of Map Amendments 07-04-
6156R, 08-04-2897A, 08-04-2898A, 08-04-2899A, and 08-04-2900A;,
(2) May 16, 2008, with incorporation of Letters of Map Revision 06-04-BQ22P, 06-
1 This change is being necessitated due to updates by FEMA in the FIRM for Orange County.
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Article 1: Administration
Section 1.1: General Provisions
Orange County, North Carolina – Unified Development Ordinance Page 1-2
04-C141P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment
#115-CWG (C) dated May 16, 2008and,
(3) November 17, 2017 which with accompanying supporting data, including Letters
of Map Amendment or Revision and Summary of Map Amendments, were
adopted by reference and declared to be a part of this Ordinance as part of the
Special Flood Hazard Area Overlay District, which was eliminated with the
adoption of the aforementionedrevised FIS and DFIRMs with an effective date of
November 17, 2017.2
1.1.4 Purpose and Intent
(A) In order to protect and promote the health, safety and general welfare of the County and
its residents, this Ordinance is hereby adopted by the Orange County Board of
Commissioners.
(B) The purpose of the regulations set out in this Ordinance shall be to accomplish
compatible development of the land within Orange County in a manner which will best
promote the health, safety, and general welfare, as well as to:
(1) Provide for efficiency and economy in the process of development;
(2) Make adequate provisions for traffic;
(3) Secure safety from fire, panic, and other hazards;
(4) Provide for light and air;
(5) Prevent the overcrowding of land;
(6) Avoid undue concentration of populations;
(7) Facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements;
(8) Provide for the protection of the surface and underground water resources of the
County;
(9) Provide for efficient use of renewable and non-renewable sources of energy;
(10) Promote desirable living conditions and the sustained stability of neighborhoods;
(11) Protect property against blight and depreciation; and
(12) For other purposes in accordance with the Comprehensive Plan for the County.
(C) It is the further purpose that all material included herein by reference and all material
used for the administration of this Ordinance, does not take any property, does not
unduly restrict property rights or use, nor convert any of these to public use except by
due process of law.
(D) The Ordinance is further designed to provide for residential, commercial, and industrial
growth in Orange County by the establishment of districts within which each type use can
develop properly and profitably and not interfere with the use of land in adjacent parcels
or districts.
1.1.5 Statement of Intent - Amendments
For the purpose of establishing and maintaining sound, stable and desirable development within
Orange County this Ordinance shall not be amended except to:
(A) Correct a manifest error in the Ordinance, or
2 Staff is recommending modifying existing language in an attempt to make it more user friendly and easier to
follow for the reader.
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