HomeMy WebLinkAboutAgenda 01-17-23; 5-a - Unified Development Ordinance Text Amendment – Rename “Efficiency Apartments” to “Accessory Dwelling Units” and Modify Standards 1
ORANGE COUNTY
BOARD OF COMMISSONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 17, 2023
Action Agenda
Item No. 5-a
SUBJECT: Unified Development Ordinance Text Amendment — Rename "Efficiency
Apartments" to "Accessory Dwelling Units" and Modify Standards
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Statement of Approval and Consistency Cy Stober, Director, (919) 245-2592
2. Proposed Unified Development Ordinance (UDO) Tyler Sliger, Planner II, (919) 245-2586
Text Amendment
3. Excerpt of Draft December 7, 2022 Planning Board
Minutes and Signed Statement of Consistency
4. Letters of Support from Orange County
Departments on Aging and Housing
PURPOSE: To hold a public hearing, receive the Planning Board/staff recommendations and
public comment, close the public hearing, and consider action on County-initiated amendments
to the Unified Development Ordinance (UDO) regarding proposed revisions to the current
standards for "efficiency apartments".
BACKGROUND: An "efficiency apartment" is an accessory dwelling to the primary single-family
dwelling on an individual property. The salient current use standards for efficiency apartments in
Section 5.5.3 of the UDO are:
• Maximum gross square footage of 1,000 square feet (maximum of 800 square feet
can be
heated/cooled),
• Cannot be a mobile home, and
• The efficiency unit shall remain in the same ownership as the primary residence.
An efficiency apartment can give a property owner the ability to enhance their property use for
additional family members or to rent to a tenant. The current size limitation of 1,000 square feet
for an efficiency unit can result in some property owners having to subdivide their property in
order to construct a larger unit, affecting the affordability of such homes and lots due to the
professional service costs and review fees in creating a new lot. The increased flexibility of the
proposed amendments will also allow for greater aging-in-place and multigenerational living
opportunities, as well as serving equity needs by better enabling less-resourced property owners
the abilities to realize viable secondary residences for rent or use by relations without requiring
subdivision of property.
In September 2021, the BOCC received information from a multi-department staff group
regarding expansion of affordable housing incentives and opportunities. The agenda materials
can be viewed at: Housing Affordability Study. Expanded use of accessory dwelling units was
included as a strategy to increase affordable housing options within Orange County.
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Orange County is proposing to amend the UDO to:
1. increase the allowable size of an accessory dwelling unit to 50% of the primary
dwelling, or 1,500 square feet, whichever is greater;
2. allow mobile homes to be efficiencies; and
3. modernize the language from "efficiency apartment" to "accessory dwelling unit"
(ADU).
The proposed UDO text amendment helps serve the goals and objectives of Orange County's
2022 Master Aging Plan and affordable housing strategy, as evidenced by the respective letters
of support from the Orange County Department on Aging and Department of Housing, included
as Attachment 4.
Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the
Towns of Chapel Hill and Carrboro, the amendment package was sent to the Town planning
staffs on August 30, 2022. To date, Orange County staff has not received any comments from
the Towns.
Planning Board Recommendation: At its December 7, 2022 meeting, the Board voted 6-3 to
recommend approval of the Statement of Consistency and the UDO amendment package.
Draft meeting minutes and the signed Statement of Consistency from this meeting are included
in Attachment 3 and meeting materials are available at:
https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 12072022-1685
Prior to making its recommendation, the Planning Board had reviewed the materials in an
"Ordinance Review Committee" meeting on October 5, 2022. Materials for this meeting are also
available at: https://orangecountVnc.qov/AgendaCenter/ViewFile/Agenda/ 10052022-1647
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Approval and Consistency indicating the text amendments are reasonable
and in the public interest, as contained in Attachment 1 .
2. Amendments to the Unified Development Ordinance (UDO), as contained in Attachment
2.
FINANCIAL IMPACT: There are no costs associated with this project other than the use of staff
time and the required legal advertisement. County staff has and will continue to accomplish the
necessary tasks associated with amending the UDO and the legal advertisement will be paid
from budgeted funds for this purpose.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this 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.
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ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board:
1. Conduct the public hearing and receive the Planning Board and staff recommendations
and public comments;
2. Close the public hearing; and
3. Vote to Approve the Statement of Approval and Consistency (Attachment 1) and UDO
Amendments (Attachment 2).
OR
Vote to Deny the UDO Amendments along with either the Statement of Approval and
Consistency (Attachment 1) or a stated rationale of inconsistency with the County's
adopted plans.
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Attachment 1
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH
ADOPTED ORANGE COUNTY PLANS
Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to
revise its requirements for Efficiency Apartments.
The Board of County Commissioners hereby approves the proposed text amendment and
issues this Statement of Consistency pursuant to NC GS § 160D-605(a) Governing Board
Statement. The Board of County Commissioners finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments, including review by the Development Advisory Committee
(DAC), as required in UDO Section 1.9, have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan,
as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
3. The amendment supports the following goals in the plan:
a. Housing Element Goal 1: A wide range of types and densities of quality housing
affordable to all in all parts of the County.
b. Housing Element Objective H-1.6: Promote innovative approaches to housing
that are responsive to the needs of Orange County, maintain quality and human
scale, increase energy efficiency, and reduce construction and maintenance costs.
c. Housing Element Goal 4: Development ordinances and incentives that promote
inclusionary practices and housing options for all income levels.
d. Housing Element Objective H-4.1: Continue to permit HUD code-compliant
manufactured housing as a form of affordable housing in the County.
e. Housing Element Objective LU-4.1: Support the use of individual manufactured
housing units as a useful housing resource in the County by increasing the
opportunities where these units can locate by-right.
f. Housing Element Objective H-4.2: Expand assistance for elderly households
that have difficulty affording their home property tax.
g. Housing Element Objective LU-4.4: Encourage the provision of a range of
affordable and suitable low and moderate income housing by means of
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development incentives in order to provide a balanced housing stock for the
residents of Orange County.
4. The amendment is consistent with these goals because implementation of the goals will
allow for the creation of more diverse and affordable housing options in Orange County.
5. The amendment is reasonable and in the public interest because it creates more diverse
and affordable housing options in Orange County through the by-right use of residential
properties.
The Board of County Commissioners hereby adopts this Statement of Approval and
Consistency and the findings expressed herein.
Jamezetta Bedford, Chair Date
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Attachment 2
Ordinance # ORD-2023-001
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations governing Efficiency Apartments, and
Whereas, this amendment seeks to increase the allowable size of an accessory dwelling
unit to 50% of the primary dwelling, or 1,500 sq. ft., whichever is greater, allow mobile homes to
be efficiencies, and modernize the language from "efficiency apartment" to "accessory dwelling
unit," and
Whereas, staff has determined a need to provide more opportunity with respect to
Efficiency Apartment standards, 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
12023.
I, Laura Jensen, 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 , 2023 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
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WITNESS my hand and the seal of said County, this day of ) 2023.
SEAL
Clerk to the Board of Commissioners
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SECTION
DIMENSIONAL . RATIO STANDARDS
Tract size, min./max. 5/100
(acres)
HOMEPARK
Tract Front Setback 40
from ROW, min. (feet)
PURPOSE
Tract Side Setback, 20
min. (feet)
The purpose of the Home Park Conditional District (HP-CD)is to Tract Rear Setback,
provide for the development of properly located and planned 20
facilities for mobile home and temporary housing unit parks. min. (feet)
Adequate housing is fundamental to the welfare of county residents; Individual Mobile Home
however, conventional housing is not consistently affordable to, nor Space Size, min. 5,000
desired by, all members of the general public. There is also an (square feet)
identified need to provide some level of flexibility for transient
residents who need to reside within the area on a temporary basis.
Temporary Residential
Where properly regulated and located, Home Parks address the Unit Space Size, min. 2,000
public need for alternative housing and achieve a satisfactory (square feet)
relationship to adjoining and nearby property.
APPLICABILITY
Individual Space Width, 50
min. (feet)
The district shall be located in such a manner as to be compatible Height, max. (feet) 25[1]
with the character of existing development of surrounding properties,
thus ensuring the continued conservation of building values and Consistent with
encouraging the most appropriate use of land in the county. Tract Floor Area Ratio, residential uses in
Therefore, when evaluating an application for this district, emphasis max adjacent zoning districts
shall be given to the location of the proposed mobile home district,
the relationship of the site and site development plan to adjoining Consistent with
and the development itself. Required Open Space
property, p Ratio, min. residential uses in
adjacent zoning districts
Required Livability Consistent with
Space Ratio, min. residential uses in
DIMENSIONAL STANDARDS NOTES: adjacent zoning districts
[1]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks. Required Recreation Consistent with
Space Ratio, min. residential uses in
adjacent zoning districts
DEVELOPMENTHP-CD DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the HP-CD District in Section 5.2. 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.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
9
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual
dwellings that can be located on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
5. See Section 5.5.4 for standards pertaining to Home Parks.
6. When a new home park is proposed to be located adjacent to an existing home park,the Standards in Section 5.5.4
shall be met.
7. Each home space shall contain only one designated temporary or permanent residential unit.Accessory Dwelling
UniiSE-fie4enc-�-Units-are prohibited within HP-CD districts.
8. A Temporary Residential Unit shall be allowed within a given park for a maximum of 180 days.
9. All permanent residential units within a HP-CD shall be designed and built to the appropriate State and Housing and
Urban Development HUD standards and shall be served by permanent utility connections.
SECTION 5.5 STANDARDS FOR RESIDENTIAL USES
5.5.1 Accessory Structures and Uses
(A) Standards of Evaluation
(1) Accessory structures and uses, including recreational uses and amenities, 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.
(2) An attached private garage, or carport, not exceeding 12 feet in height, may
occupy a portion of the required side open space, provided that this does not
result in a required side open space of less than 7% of the lot width, nor a total,
when combined with the required side open space of the lot immediately
adjacent, of less than eight feet.
(3) Mobile he mes a otF 1GtUroo tG r sideRtial uses are rehihited
5.5.3 Accessory Dwelling Unit (ADUJEfficienGy pa tnie-,t
(A) Standards of Evaluation
(1) Eff'Gie ,G., apartments Accessory dwelling unit (ADU) shall be allowed only as an
accessory use to a single-family residence.
(2) There shall be no more than one efficiency apartR4e+A DU, whether detached or
attached, on any lot.
(3) The gross square footage of the ADU shall contain no more than 50% of the
primary dwelling or 1,500x-,089 square feet of gross floor area, whichever is
greater with o maximu.m. limit of Qnn square foot of heated/Geeled hohrtohle IiyiRg
spaEe.
(4) The residential lot shall meet all dimensional requirements of the zoning district in
which it is located.
(5) They-61RO ADU shall comply with the N.C. Residential Building Code and
HUD standards including minimum light/ventilation and room sizes.
(6) The effi,,,eie icy-ADU shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency-ADU shall remain in the same ownership as the primary
residence.
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(8) An arnessor dwellin i rn t well noon to be a Gemplete in loronrlont li iinry
5.5.5 Home Park
(2) Home Park Space Requirements
(a) A Home Park shall be divided into individual Home Park Spaces, each Home
Park Space having an area and width consistent with Section 3.8. The Orange
County Health Department may increase the minimum area requirements for the
park and/or individual Home Park Spaces where necessary to be consistent with
groundwater resources and/or the limitations of providing sewage disposal
systems for the proposed home park.
(b) Only one mobile home or Temporary Residential Unit and its customary
accessory buildings may be located within any Home Park Space at one time.
Additional ADUs CffiGie Gy I Init- or Temporary Residential Units shall not be
permitted within an occupied Home Park Space.
(c) The location of each Home Park Space must be at an elevation, distance and
angle in relation to the adjacent access drive or street such that placement and
removal of the mobile home or Temporary Residential Unit is practical by means
of customary moving equipment.
(d) The surface of each Home Park Space and the area around it shall be graded
where necessary to provide proper drainage and prevent the accumulation of
water.
SECTION • : CIRCULATION
6.9.7 Off-Street Parking Requirements
OFFICE AND FINANCIAL SERVICE USES
Offices and Financial Services, without a One space per 200 square feet of gross floor area
drive-thru facility
Offices and Financial Services, with a One space per 200 square feet of gross floor area; plus five
drive-thru facility stacking
spaces per drive-thru window
RECREATIONAL USES
Amusement Areas One space per 50 square feet
Athletic Field Ten spaces per field
Basketball Court Five spaces per court
Billiard or Pool Hall Two spaces per table
Botanical Gardens&Arboretums Two spaces per acre
Bowling Establishment Three spaces per lane
Camp/Retreat Center Five spaces for first two acres of recreation space and one space
for each additional acre thereafter
Golf Courses Two spaces per tee
One space per guest room, plus one space per employee.
Guest Ranch Additional parking may be required based on facilities and uses
proposed.
Health Exercise Facility One space per 50 square feet
Pitch and Putt Courses Two spaces per tee
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Shooting Ranges One space per target area
Skating Rink One space per 200 square feet
Subdivisions-Private Recreational
Facilities Five off-street parking spaces for first two acres of each
Dedicated Recreational Land recreational site plus one space for each additional acre thereafter
Swimming Pool One space for every five patrons, based on maximum design
capacity
Soccer Fields, Ball Fields Eight spaces per acre
Tennis, Handball, Racquet Ball Courts Two spaces per court
Basketball Courts Five spaces per court
Picnic Shelter Area One space for every ten patrons, based on maximum design
capacity
Swimming Pool One space per 140 square feet
Tennis, squash, Handball or Racquet Ball Two spaces for every court
Court
RESIDENTIAL
Dormitory, Fraternity, and Sorority One space per lodging resident member
Dwelling, Multi-family:
Accessory Dwelling Unit C4F;^ler}Ey One space per dwelling unit
One bedroom One and one-half space per dwelling unit
Two bedroom Twos aces per dwelling unit
Dwelling, Single Family One space per dwelling unit
Dwelling, Two Family One space per dwelling unit
Family Care Facilities One space per three residents;
One space per employee on the shift of maximum employment
Group Care Facilities One space per two beds;
Ones ace per employee on shift of the maximum employment
Health and Personal Care Facility One space per two beds;
One space per staff member
,SECTION1DEFINITIONS
Accessory Dwelling Unit (ADU)
The accessory dwelling unit is situated on the same lot as the principal residence and may be attached
to the principal residence or be a separate building with a separate access. An accessory dwelling unit
must fulfill the qualifying characteristics of a dwelling unit, as defined in this ordinance .
Dwelling Unit
A single unit providing complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation.
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CffinieRGy ApaFt gent.
E)Ut"Red w*thin thio llrrlinonno
13
DRAFT
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 DECEMBER 7,2022
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair),
7 Cheeks Township Representative; David Blankfard, Hillsborough Township Representative; Melissa Poole, Little River
8 Township Representative; Beth Bronson, At-Large Representative; Randy Marshall,At-Large Representative; Charity
9 Kirk,At-Large Representative; Susan Hunter, Chapel Hill Township Representative; Statler Gilfillen, Eno Township
10 Representative;
11
12
13 MEMBERS ABSENT: Whitney Watson,At-Large Representative; Delores Bailey,At-Large Representative; Steve
14 Kaufmann, Bingham Township Representative;
15
16
17 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Special Projects&GIS Supervisor; Pat
18 Mallet, Erosion Control, Stormwater& Engineering Supervisor; Taylor Perschau, Current Planning and Zoning
19 Supervisor; Brian Collie, Planner 11; Tyler Sliger, Planner 11; Carlos Sanchez, Planning Technician; Tina Love,
20 Administrative Support
21
22
23 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
24 Chair Adam Beeman called the meeting to order
25
26 AGENDA ITEM 10: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—EFFICIENCY UNITS-To make a
27 recommendation to the BOCC on proposed amendments to the LIDO pertaining to efficiency
28 apartments(also known as"accessory dwelling units"or ADUs). This item was introduced at the
29 October 5, 2022 ORC meeting and is scheduled for a BOCC public hearing in January.
30 PRESENTER: Tyler Sliger, Planner II
31
32 Tyler Sliger presented a PowerPoint presentation and reviewed the proposed UDO amendment for efficiency units.
33
34 Adam Beeman: I don't see it there but is it in the text about requirements for septic system that it can't go if the septic
35 system is not capable.
36
37 Tyler Sliger: That is the basic building permit. If Environmental Health is not going to sign off on it then you don't get a
38 building permit.
39
40 Adam Beeman: The only other big thing that I have is we specifically didn't allow mobile homes so why the change? I'm
41 not a fan of those.
42
43 Tyler Sliger: A lot of people are requesting mobile homes, they can't afford stick built homes and I talked to a developer
44 today that they don't make modular to 1,000 sq.ft. so people can't get affordable homes.
45
46 Adam Beeman: The smallest trailer I found was$40.000 and it goes up to$150,000. 1 don't really see those as
47 affordable either. I find it interesting that we are going essentially put a car out in the yard and let it rot. The
48 manufactured home meets federal standards and not local regulations and guidelines. They get to supersede everybody
49 because it the federal. I don't see why we want to allow it. It's not going to be beneficial for the landlord or the tenant in
50 the long run. It's an immediate fix but long-term it is not the path that we should be going down in Orange County.
51
52 Beth Bronson: Is there a year build requirement?
53
54 Tyler Sliger: No.
55
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DRAFT
56 Beth Bronson: So a mobile home from 1975 could be placed on a residence and considered an accessory dwelling the
57 same as a mobile home build in 2020?
58
59 Tyler Sliger: Correct but no matter what the building permit has to be issued so if it doesn't meet the specs it doesn't
60 meet the spec and a permit would not be issued.
61
62 Randy Marshall: I can drive up and down Orange County Roads and there are abandoned mobile homes with vines
63 growing in it and at one time there was a nuisance ordinance that was enforced to pull those off and people had to get
64 rid of them but apparently it's no longer used or is no longer enforced. My concern here is not what is stated here but
65 what do you do because old mobile home deteriorate more rapidly than more permanently built structures. Is there
66 anywhere in the ordinance that is being enforced that when these become no longer livable or serviceable that they have
67 to be removed?
68
69 Cy Stober: The Nuisance Code does speak to odor,vermin, creating any sort of noxious environment and respond to
70 complaints. If a complaint is given to the Planning Department,we have to make a determination whether it falls under
71 the County Ordinance or the Development Ordinance and qualify as a nuisance that we can enforce as staff or we must
72 direct it to the Sheriff's Office. They would enforce through that route or through minimum housing code which is a
73 combination of, depending on the situation, the Housing Department or the Inspection Department but we will process a
74 complaint.
75
76 Charity Kirk: And then what happens with the processing?
77
78 Cy Stober:We do have an abatement avenue we can pursue. It's a civil matter so we notify the property owner a
79 minimum of 42 days and allow for 21 days of compliance followed by another 21 days of warning and then if it falls under
80 our ordinance then we can proceed to civil penalties and following a period of inaction we can remedy the issue and
81 abate the property, basically put a lien on it. For absentee landlords, especially those in other states,that approach is
82 minimally effective. The amendment was forged through discussion with Current Planning and myself and we included
83 mobile homes as an allowance and affordability and equity and accessibility to both tenants but also for first time home
84 owners in the County where we have an acknowledged affordability concern. I hear your concerns and I'm not
85 completely surprised but we were trying to offer as many options and flexibility to the residents of the County.
86
87 Melissa Poole: Personally, I don't have an issue with it. I certainly know people, those of us who have extensive
88 amounts of property that are blessed with that. I know people who have brought in trailers for elderly parents rather than
89 putting them in a home to live separate but being able to be cared for. We are talking about this as if it's only renting or
90 renters and affordable housing but it's also a support for folks with aging parents and family members.
91
92 Adam Beeman: I understand it, I just feel like you are putting those people in the hole to begin with it's like forcing them
93 to go buy a car with 40% interest. I need the car so I'm going to do what I got to do and you're putting them in a house
94 and they are already behind the 8-ball as far as being efficient and long-term solution. I understand there is a short-term
95 solution, I am completely in agreement with you. If they are building a home, park it temporarily and get it off when done
96 building the home. Long-term, I just don't see why you would want to let that in the door so that these underprivileged or
97 low-income people just have to pay exorbitant heating and air-conditioning costs because the thing is not efficient.They
98 are built to federal standards and not state and local regulation. I find it hard to believe that these people are
99 manufacturing something that is going to be of value to the low-income.
100
101 Beth Bronson: This opens up a market for secondary mobile home purchases. To Melissa's point, and staff's, in adding
102 it you are expanding your options for the community to have access to affordable housing. Or giving access to family's to
103 incorporate the needs of their parents or children. For reasons that are none of our business, as to why they might need
104 an accessory dwelling unit that might need to be a mobile home that wouldn't be up to your standards personally but that
105 are federal standards that are already set and that information is available going into bringing that mobile home onto
106 their property.
107
108 Adam Beeman: It starts at$40,000 up to$150,000 and I don't see$150,000 for a trailer when you could build the same
109 stick built thing for an equivalent price and have something that is appreciating in value.
110
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DRAFT
111 Charity Kirk: That's not up to us to give people that value judgement.
112
113 Statler Gilfillen: Forget about homes,we have a lot of existing old antique farm houses without building on there that are
114 no longer functioning as farms in Orange County. The option, the existing house may have an updated septic system
115 more than adequate for the house the question becomes the conversion of the outbuildings into what might be an 800
116 sq.ft, less than 1,000 sq.ft. unit that follows the historic configuration of that site. Under this ordinance, you are only
117 allowed 1 unit on your site.
118
119 Tyler Sliger: Yes.
120
121 Statler Gilfillen: You have the right to appeal for the possibility for a second one and I raise the question this financially
122 as an architect, if someone owns an existing house and a shed are in exceptionally good condition,or were historically
123 there,to rebuild them on that site is visually a positive thing and for the owner, where it is tied together as one system,
124 you've got a landlord sitting right there on the site to control how it is rented. That can be a very positive social aspect of
125 this type of law. To allow more than one unit on a site. The construction standards typically with tiny houses not with the
126 trailers that are bought from the cheapest vendor.
127
128 Tyler Sliger: Anything that is proposed is going to have to be passed by building inspections.
129
130 Statler Gilfillen: Is it possible to put a second unit on a site like that within an appeal.
131
132 Tyler Sliger: Possibly,that would be up to the Board of Adjustment.
133
134 Lamar Proctor: I do have concerns that as soon as you allow this everyone in the County could conceivably pop a
135 mobile home on their property, get approval and start and become landlords.
136
137 Tyler Sliger: They can do that right now.
138
139 Melissa Poole: You are focusing on the mobile home when there are a lot of people.
140
141 Adam Beeman: I understand that we need affordable housing but I think the County could go ahead and come up with
142 some generic blueprints for a home equal to the size of the trailer and that people would know the County has already
143 approved it so this is roughly what it would costs me to do that so let me go that route versus the other route but they are
144 not armed with that information and the trailer is just faster and we are in the world of I need it immediately.
145
146 Charity Kirk: Do you want to make a proposal to disallow mobile homes to be efficiencies to remove that.
147
148 Adam Beeman: I would but I don't think it would get very far.
149
150 Lamar Proctor: I spent part of my childhood in a trailer and I don't have anything against trailers but I do see the point of
151 allowing a depreciating asset to stand as real estate is a financially economically losing proposition in the long run.
152
153 MOTION BY Adam Beeman to remove mobile homes from the amendment so that they are not allowed at all and
154 everything else stands. Seconded by Lamar Proctor.
155 MOTION FAILED 7-2(PROCTOR,BEEMAN)
156
157 MOTION BY Charity Kirk to approve the Statement of Approval and Consistency in the proposed text amendment with
158 adopted Orange County plans in Attachment 1 and Attachment 2. Seconded by Randy Marshall.
159 MOTION PASSED 6-3(PROCTOR,BEEMAN,QUILLEN)
160
16
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH
ADOPTED ORANGE COUNTY PLANS
Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to
revise its requirements for Efficiency Apartments.
The Planning Board hereby recommends approval of the proposed text amendment and
issues this Statement of Consistency pursuant to NC GS § 160D-604 (d)Planning board review
and comments—Plan consistency. The Planning Board finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan,
as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
3. The amendment is consistent with the applicable plan because it supports the following
goals and objectives stated in the plan:
a. Housing Element Goal 1: A wide range of types and densities of quality housing
affordable to all in all parts of the County.
b. Housing Element Objective H-1.6: Promote innovative approaches to housing
that are responsive to the needs of Orange County, maintain quality and human
scale, increase energy efficiency, and reduce construction and maintenance costs.
c. Housing Element Goal 4: Development ordinances and incentives that promote
inclusionary practices and housing options for all income levels.
d. Housing Element Objective H-4.1: Continue to permit HUD code-compliant
manufactured housing as a form of affordable housing in the County.
e. Housing Element Objective LU-4.1: Support the use of individual manufactured
housing units as a useful housing resource in the County by increasing the
opportunities where these units can locate by-right.
f. Housing Element Objective H-4.2: Expand assistance for elderly households
that have difficulty affording their home property tax.
g. Housing Element Objective LU-4.4: Encourage the provision of a range of
affordable and suitable low and moderate income housing by means of
17
development incentives in order to provide a balanced housing stock for the
residents of Orange County.
4. The amendment is reasonable and in the public interest because it creates more diverse
and affordable housing options in Orange County through the by-right use of residential
properties.
The Planning Board hereby adopts this Statement of Approval and Consistency and the
findings expressed herein.
09GO dzt�
Adam Beeman, Chair Date
_ 18 -
Orange
8 Orange County
Department on Aging
/endless possibilities Robert& Pearl Seymour Center 12551 Homestead Rd. I Chapel Hill, NC 27516
Jerry M.Passmore Center 1 103 Meadowlands Dr., PO Box 8181 I Hillsborough, NC 27278
November 18, 2022
The Honorable Renee Price
Orange County Board of Commissioners
P.O. Box 8181
Hillsborough, NC 27278
Dear Chair Price,
As you know Orange County has a growing aging population. In 2020, 21% of the
population was 60+ and by 2040 it will be 26%.This represents a 47.8% change in just 20
years; whereas, children aged 0-17 years are 17% of the population in 2020 and in 2040
will decline to 15% of the population which represents a 4.5% change. From 2010-2018
Orange County grew by 12,325 residents,while its 65+ age group grew by 7,575 residents.
This means 61.5% of Orange County's growth was from the population 65+.Among peer
counties, Orange County is second only to Chatham County in the share of county growth
driven by its 65+ age group (64.5%). The share of growth in this age group is substantially
higher than the state (53.7%).
As stated in the accepted Orange County 2022-27 Master Aging Plan, steps to improve
choice, quality,affordability, and stability of housing for older adults needs to be taken.
Housing is an important part of safe and comfortable aging in communities. Housing in age-
friendly communities should:
- Be affordable;
- Be close to services, or have transportation options;
- Have accessible design or offer modifications and maintenance;
- Provide a wide range of living options;
- Be integrated into the community at large, especially long-term care facilities; and
- Be safe and comfortable.
The proposed staff-initiated amendments to the Orange County Unified Development
Ordinance (UDO) will address several of these needs, as well as the adopted MAP Housing
Objectives 3.1 and 3.3 to "Expand the development of a wide array of housing models that
advance racial equity,livable design, and social connections for older adults;" and to
"Increase the number and types of affordable housing options, for rent or ownership,
suitable for older adults." The proposed amendments will allow for a wider range of living
Visit us online @ www.orangecountync.gov/departments/aging
Like us on Facebook @ www.facebook.com/OrangeCountyDepartmentOnAging
19
options and more practical accommodations for independent and semi-independent living
than the current regulatory threshold of 800 square feet of heated space.The proposed
new heated space regulations for both attached and detached accessory dwellings better
serve the "livable design and social connections" needs established by Objective 3.1 and
will allow for property owners to explore various designs and sizes of housing options for
rent or ownership suitable for older adults identified by Objective 3.3.
At the November 8th meeting of the Advisory Board on Aging this proposed amendment
was discussed. We concur with the Planning staff that these amendments will better serve
adopted Orange County goals and objectives and allow for a more livable community for
Orange County residents of all ages. We hope that you will support the adoption of the
proposed amendments as presented.
Sincerely,
aiwc�t
Janice Tyler, Secretary
Orange County Advisory Board on Aging
cc. Bonnie Hammersley, County Manager
Adam Beeman, Chair, Planning Board
20
ORANGE COUNTY HOUSING DEPARTMENT
NORTH CAROLINA
November 28, 2022
Orange County Planning Board
300 West Tyron Street
Hillsborough, NC 27278
RE: Orange County Housing Department support for ADU amendment
Dear Chair Beeman and Planning Board Members,
Thank you for your consideration of the amendments to the Orange County Unified
Development Ordinance (UDO). The Housing Department enthusiastically supports these staff-
initiated amendments.
As a prosperous county with a higher median household income than the North Carolina
average, Orange County faces challenges in providing housing options at prices below a fair
market rate. "Affordable housing" is housing that is affordable to households with low incomes,
meaning that these households pay no more than 30% of their income for housing costs like
rent, mortgage, and utilities. In 2021, an Orange County renter earning the mean wage ($13.93)
would need to work 63 hours per week (1.6 full time jobs) to afford the Fair Market Rent for a
standard two-bedroom apartment ($1,134). For the fiscal year from July 2021—June 2022,
Orange County approved 291 new single-family residential homes with an average value of
$429,469.50 (note: this is the value of the home construction cost, not the home's sales price);
and 150 new residential additions with an average value of$87,057. As established in the chart
below, these home prices are generally beyond the abilities of the mean wage earners in
Orange County to purchase or rent.
Orange County North Carolina (statewide)
Fair Market Rent ("FMR") $1,134 $960
for a 2-bedroom apartment
j
Income Needed to afford a 2- $45,360 $38,400
bedroom apartment at FMR ($21.81 per hour) ($18.46 per hour)
Mean Wage earned by renters $16.37 per hour $13.93 per hour
Mailing Address Hillsborough Office Chapel Hill Office
P.O.Box 8181 300 W.Tryon Street 2501 Homestead Road
Hillsborough,NC 27278 Hillsborough,NC 27278 Chapel Hill,NC 27516
Telephone(919)245-2490 • Fax(919)944-8496
21
Source: National Low Income Housing Coalition, 2022, htt,ps://reports.nlihc.or /oor/north-
carolina
The proposed staff-initiated amendments to the Orange County Unified Development
Ordinance (UDO) will address these concerns by offering a wider range of living options and
more practical accommodations for rental or ownership than the current regulatory framework
that limits "efficiencies" to 800 square feet of heated space. The proposed new heated space
regulations for both attached and detached accessory dwellings will better serve the needs of
median wage earners in Orange County, as well as property owners in offering such options
through increased investment in existing single-family lots throughout the county.
We concur with the Planning staff that these amendments will better serve adopted Orange
County goals and objectives and allow for a more livable community for Orange County
residents of all ages and incomes. We hope that you will support the adoption of the proposed
amendments, as presented.
Sincerely,
Corey Root
Housing Director