HomeMy WebLinkAboutAgenda - 10-16-2018 5-a - Unified Development Ordinance Text Amendments – Update of Effective Date of Flood Information Rate Maps (FIRM) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 16, 2018
Action Agenda
Item No. 5-a
SUBJECT: Unified Development Ordinance 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 Michael D. Harvey, Planner III, (919) 245-2597
2. Excerpt of September 5, 2018 Planning Craig Benedict, Director, (919) 245-2575
Board Minutes and Signed Statement of
Consistency
3. Statement of Consistency
4. UDO Text Amendment Package
5. Legal Advertisement
PURPOSE: To hold a public hearing on a Planning Director initiated Unified Development
Ordinance (UDO) text amendment updating the effective date for the County's Flood Insurance
Rate Maps (FIRMs).
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 Federal Emergency Management Association (FEMA).
Staff was informed by State emergency management officials there is going to be a FIRM
update, specifically a modification of floodplain data on several FIRMs impacting property in
Durham County. The maps contain property in both Orange and Durham counties, effectively
making them `shared maps'. While this update will not result in a change in identified flood data
within Orange County (i.e. no increase or decrease in flood area on property in Orange County's
planning jurisdiction), 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
remain eligible for participation in the NFIP. A copy of the recommended language is contained
within Attachment 4.
2
As previously indicated, participation in the NFIP is voluntary and floodplain management
standards are only enforceable within a specific community. County regulations, for example,
only apply to property owners within Orange County's planning jurisdiction. This also means
only those property owners benefit from Orange County's participation within the program. It is
up to individual communities (i.e. Carrboro, Chapel Hill, Hillsborough, Mebane, etc.) to adopt
and enforce floodplain management regulations. Staff is unaware of pending FIRM changes
impacting any of the aforementioned municipalities requiring similar amendments)/action. It is,
however, incumbent on those individual communities to coordinate such action with State
emergency management officials.
Planning Director Recommendation: The Planning Director recommends approval of the
Statement of Consistency, as contained in Attachment 3, and the LIDO Text Amendment, as
contained within Attachment 4.
Planning Board Recommendation: At its September 5, 2018 meeting, the Board voted
unanimously to recommend approval of the Statement of Consistency and the LIDO
amendment package. An excerpt of minutes and the signed Statement of Consistency from this
meeting are included in Attachment 2.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. 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.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the proposed amendments to the UDO as detailed in this abstract and
attachments;
2. Conduct the public hearing and accept comment on the proposed amendments;
3. Close the public hearing. (Note that, because this is a legislative decision, additional
comments at a later date are permitted); and
4. Decide on one of the following options:
a. Adopt the proposed amendments by approving the Statement of Consistency
(Attachment 3) and Ordinance (Attachment 4).
b. Defer a decision to a later BOCC regular meeting date.
c. Refer the item back to the Planning Board for a specific purpose.
Attachment 1 3
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 LIDO, the Planning Director has
initiated text amendments to the UDO modifying the effective date of our Flood
Insurance Rate Maps FIRMs).
Form Revised 09-29-16
4
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://cros3.revize.com/revize/orangecountV/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)
F—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
Form Revised 09-29-16
5
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)
August 16, 2018
e. Legal Sufficiency Determination
September 5, 2018
f. Other
LN/A
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. The Board voted unanimously to
recommend approval of the amendment package as presented by staff.
Form Revised 09-29-16
6
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:
❑ General Public:
❑ Small Area Plan Work group:
❑ Other:
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
Amendment language is contained in Attachment 4.
Primary Staff Contact:
Michael D. Harvey
Planning and Inspections
(919) 245-2597
mharvey @orangecountync.gov
Form Revised 09-29-16
7
Attachment 2
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 SEPTEMBER 5,2018
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Randy Marshall (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large;Adam
8 Beeman, Cedar Grove Township Representative; Carrie Fletcher, Bingham Township Representative; Patricia
9 Roberts, Cheeks Township Representative; Laura Nicholson, Eno Township Representative; Hunter Spitzer, At-
10 Large;
11
12 MEMBERS ABSENT: Paul Guthrie, At-Large Chapel Hill Township; David Blankfard, Hillsborough Township
13 Representative;Alexander Gregory, Chapel Hill Township Representative; Lydia Wegman (Chair), At-Large Chapel
14 Hill Township Representative; Buddy Hartley, Little River Township Representative;
15
16 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Tom Altieri, Comprehensive Planning Supervisor;
17 Perdita Holtz, Planning Systems Supervisor; Nishith Trivedi, Transportation Planner; Meredith Kern,Administrative
18 Assistant II
19
20 OTHERS PRESENT: Linda Griffin, Minutes Preparer;
21
22 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—FEMA FLOOD MAPS-To make a
23 recommendation to the BOCC on government-initiated text amendments to the LIDO regarding FEMA flood maps.
24 This item is scheduled for public hearing on October 16, 2018.
25
26 PRESENTER: Michael Harvey, Current Planning Supervisor
27
28 Michael Harvey: To remind you that we are a participant in the National Flood Insurance Program, which requires
29 the County to enforce flood damage prevention regulations including adopting and enforcing what are known as
30 Flood Insurance Rate Maps or FIRMS. There is a database maintained by FEMA and in this case also by the State
31 of North Carolina. The State of North Carolina is also unique in that they have a technical agreement in partnership
32 with Federal FEMA to update and maintain Flood Maps. In the Fall of last year we revamped our entire flood plain
33 management ordinance to address changes to make FEMA including adopting a whole new set of FIRMS. Included
34 within your packet is a sample of the online data available showing location of special flood hazard areas and other
35 map details. This is technically known as the FIRM map. This map is what staff references for local resident's and
36 property owners when their parcels of property are encumbered by flood plain and this is the document we utilize to
37 give them information about what their development opportunities and constraints are. Last November the County
38 Commissioners'approved amendments to adopt the new FIRM maps with an effective date of November 17, 2017.
39 We were informed in May of 2018 by FEMA that they need to update and"tweak" several maps primarily impacting
40 Durham County. FIRM maps don't respect political boundaries and there are several Orange County FIRMs that
41 include property in Durham County. If FEMA changes flood data in this area,they are effectively changing the
42 effective date of this map. The short and sweet of why we have initiated this amendment is that in order for the
43 County to remain a member of the National Flood Insurance Program we have to update our Unified Development
44 Ordinance to properly reflect the new effective date of the new FIRMs,which is going to be October 19, 2018. If we
45 fail to do this,we will be suspended from the National Flood Insurance Program and local residents will not be able
46 to get flood insurance. It should not come to that but that's the practical results of us not moving forward and doing
47 this. We are updating the effective FIRM date in the UDO as we are required to do and making a couple of"tweaks"
48 to make existing a little more user friendly. The staff recommendation is that you all take an affirmative action on
49 recommending approval of the statement of consistency and attachment to and recommend the change to the
50 ordinance amendment attachment.
51
8
52 Michael Harvey reviewed abstract.
53
54 Carrie Fletcher asked what this change does for policy holders
55
56 Michael Harvey said there would be no change for policy holders. If the County didn't do anything, flood insurance
57 would not be available. If for instance you were going to do a refinance on your house, the most recent data would
58 be used,which is the best available data. We are not looking at major impacts on property owners in Orange County,
59 this is primarily dealing with flood panels that are in Durham County but because they are changing that data set the
60 map has to be updated so we have to include the new effective date it is a"bookkeeping issue".
61
62 Carrie Fletcher asked if it will tend to raise rates or have any impact on rates?
63
64 Michael Harvey answered: it will not have any affect on rates at all.
65
66 MOTION by Kim Piracci to approve statement of consistency. Seconded by Hunter Spitzer.
67 VOTE: Unanimous
68
69 MOTION by Hunter Spitzer to approve the UDO text amendment change. Seconded by Laura Nicholson.
70 VOTE: Unanimous
9
STATEMENT OF APPROVAL AND CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to modify existing floodplain management regulations, specifically updating the effective
date for the County's Flood Insurance Rate Maps (FIRM) incorporating modification of
floodplain data by FEMA.
The Planning Board hereby approves the proposed text amendment and finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the LIDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 6 —A land use planning process that is transparent,
fair, open, efficient, and responsive.
These amendments are consistent with this goal and
objective by updating existing language to ensure
consistency with FEMA requirements ensuring property
reference and use of new FIRM data.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by referencing the current effective FIRM data.
These amendments ensure uniformity by eliminating references to
out of date map data, and identifying the effective date of new
FIRMs.
2. Ensures legal sufficiency by adopting new FIRM data, as prepared by
FEMA, by reference.
This amendment allows Orange County to enforce current flood
map data thereby ensuring our continued eligibility for participation
in the National Flood Insurance Program (NFIP).
The Planning Board hereby adopts this Statement of Approval and Consistency as well
as the findings expressed herein.
i
i
Randy rsha , Vice-Chair Date
i
i
10
Attachment 3
STATEMENT OF APPROVAL AND CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to modify existing floodplain management regulations, specifically updating the effective
date for the County's Flood Insurance Rate Maps (FIRM) incorporating modification of
floodplain data by FEMA.
The Board of County Commissioners hereby approves the proposed text amendment
and finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 6 — A land use planning process that is transparent,
fair, open, efficient, and responsive.
These amendments are consistent with this goal and
objective by updating existing language to ensure
consistency with FEMA requirements ensuring property
reference and use of new FIRM data.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by referencing the current effective FIRM data.
These amendments ensure uniformity by eliminating references to
out of date map data, and identifying the effective date of new
FIRMs.
2. Ensures legal sufficiency by adopting new FIRM data, as prepared by
FEMA, by reference.
This amendment allows Orange County to enforce current flood
map data thereby ensuring our continued eligibility for participation
in the National Flood Insurance Program (NFIP).
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Mark Dorosin, Chair Date
Attachment 4 11
Ordinance # ORD-2018-029
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has been a member of the National Flood Insurance Program
(NFIP) since approximately 1976, and
Whereas, 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, including the adoption of Flood Insurance
Rate Maps (FIRMs) developed and maintained by Federal Emergency Management
Association (FEMA), and
Whereas, The County was informed by State Emergency Management officials there is
going to be a FIRM update, specifically a modification of floodplain data on several FIRMs
impacting property in Durham County, with an effective date of October 19, 2018, and
Whereas, In order to maintain membership within the NFIP Orange County must modify
existing regulation(s) to reflect the new FIRM effective date of October 19, 2018, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by Commissioner
, the foregoing ordinance was adopted this day of
) 2018.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on , 2018 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
12
WITNESS my hand and the seal of said County, this day of ) 2018.
SEAL
Clerk to the Board of Commissioners
13
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations associated
with the effective date of Flood Insurance Rate Map (FIRM) consistent with changes
implemented by the Federal Emergency Management Agency(FEMA).
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• : Denotes existing text that staff is proposing to delete
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.oran2ecountync.2ov/departments/planning and inspections/ordinances.php
14
ARTICLE 1 : ADMINISTRATION
PROVISIONS SECTION 1.1: GENERAL
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 October 19, 2018' 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.
Orange County, North Carolina—Unified Development Ordinance Page 1-1
Article 1: Administration 15
Section 1.1: General Provisions
04-C141 P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment
#115-CWG (C) and;
(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 af^r°^.entionedrevised FIS and DFIRMs ygymth offer.+,„o date „f
No4e�er��29�?.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
Z Staff is recommending modifying existing language in an attempt to make it more user friendly and easier to
follow for the reader.
Orange County, North Carolina—Unified Development Ordinance Page 1-2
Attachment 5 16
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A public hearing will be held at the Southern Human Services Center, 2501 Homestead Rd, Chapel Hill,
North Carolina, on Tuesday, October 16, 2018 at 7:00 PM for the purpose of giving all interested
residents an opportunity to speak for or against the following items:
1. Unified Development Ordinance Text Amendments: In accordance with the provisions of
Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified
Development Ordinance, the Planning Director has initiated amendments to the Unified
Development Ordinance (UDO) to update the effective date for the County's Flood Insurance Rate
Maps (FIRM). The following Section of the UDO is proposed for amendment:
1.1.3 Flood Damage Prevention Authority— Basis for Establishment
Staff was informed by FEMA there is going to be a FIRM update, specifically a modification of
floodplain data on several FIRMs impacting property in Durham County. The maps contain
property in both Orange and Durham County, effectively making them `shared maps'.
While this update will not result in a change in identified flood data within Orange County (i.e. no
increase or decrease in flood area on property within Orange County), the effective date of the
impacted maps are being updated. This amendment is necessary to ensure proper reference to
the new effective date in order for the County to continue to be eligible for participation in the
National Flood Insurance Program (NFIP).
The Orange County Planning Board, at its September 5, 2018 regular meeting, voted unanimously
to recommend approval of the proposed text amendments. Agenda materials from this meeting,
including the recommended amendment language, can be viewed at:
http://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/_09052018-716
Purpose: To review the item and receive public comment on the proposed amendments.
Substantial changes in items presented at the public hearing may be made following the receipt of
comments made at the public hearing. Accommodations for individuals with physical disabilities can
be provided if the request is made to the Planning Director at least 48 hours prior to the Public
Hearing by calling one of the phone numbers below. The full text of the public hearing items may be
obtained no later than October 12, 2018 on the County website www.orangecountVnc.gov at the
County Commissioners Agendas link (http://www.orangecountync.gov/1707/BOCC-Agendas).
Information will also be available from the Orange County Planning Department (contact information
below) no later than October 5, 2018.
Questions regarding the proposals may be directed to the Orange County Planning Department
located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201,
Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday.
You may also call (919) 245-2575 or 245-2585 and you will be directed to a staff member who will
answer your questions or you may e-mail questions to plan ningdept(o-)_orangecountync.gov.
PUBLISH: The Herald Sun News of Orange
October 3, 2018 October 3, 2018
October 10, 2018 October 10, 2018