HomeMy WebLinkAboutAgenda 01-17-23; 5-b - Unified Development Ordinance Text Amendment – Final Subdivision Plat School District Signature Block 1
ORANGE COUNTY
BOARD OF COMMISSONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 17, 2023
Action Agenda
Item No. 5-b
SUBJECT: Unified Development Ordinance Text Amendment — Final Subdivision Plat School
District Signature Block
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. Letter of Support from Orange County Schools
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) to remove the requirement in Section 7.13.3
(F)(3)(g), the school district signature block on final subdivision plats.
BACKGROUND: Subdivisions that follow the traditional or major subdivision review process
have to receive several signatures before recording the final plat. Orange County currently
requires signature by the relevant school system, per the language found in Section 7.13.3
(F)(3)(g) of the UDO. Research into the plat certificate requirement has shown that the
requirement was added to Orange County's former Subdivision Regulations as a small portion of
a multi-part amendment to the Subdivision Regulations in the year after Schools Adequate
Public Facilities Ordinance (SAPFO) amendments were added to the former Zoning Ordinance.
Agenda materials and minutes from that time do not speak directly to the addition of the plat
signature block, other than a statement found in minutes made by previous staff that the
signature block addition was "needed for SAPFO." None of the municipal SAPFO signatories
amended their regulations to require this plat signature block and, as evidenced in Attachment 4,
this requirement is not supported by Orange County Schools.
Both school districts require CAPS (Certificate of Adequate Public Schools) issuance as part of
the subdivision review and approval process, in compliance with the adopted 2003 SAPFO and
its accompanying Memoranda of Understanding, independent of the plat signature. The school
districts' staff (OCS and CHCCS) keep their respective elected boards apprised of CAPS
issuance through regular staff reports, which would remain unchanged.
Planning staff recommends that the signature block be removed as a subdivision plat
recordation requirement to remove an unnecessary and time-intensive step for subdivision plat
approval. The approved CAPS will remain part of the subdivision application package and a
criterion for Planning staff approval of the plat for recordation, and will be maintained by Planning
staff with the subdivision request file. The proposed amendment does not have any impacts on
the school districts' reporting of enrollment figures and will remove an unnecessary step from
plat approvals in the unincorporated areas of Orange County.
2
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 8-1 to
recommend approval of the Statement of Consistency and the UDO amendment package.
Draft minutes and the signed Statement of Consistency from this meeting are included in
Attachment 3 and meeting materials are available at:
https://orangecountVnc.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.gov/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.
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.
3
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 a plat signature block regarding adequate public facilities that requires
school system signature.
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—Plan Consistency. 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 is supports the following goal in the plan:
a. Comprehensive Plan Land Use Goal 6: A land use planning process that is
transparent, fair, open, efficient, and responsive.
4. The amendment is consistent with that goal because eliminating unnecessary steps will
reduce the time needed for approval and therefore be more efficient and responsive to
applicant needs.
5. The amendment is reasonable and in the public interest because it removes an
unnecessary and time-intensive step from subdivision plat approval without
compromising the requirements or purpose of the Schools Adequate Public Facilities
Ordinance and the supporting Memoranda of Understanding.
The Board of County Commissioners hereby adopts this Statement of Approval and
Consistency and the findings expressed herein.
Jamezetta Bedford, Chair Date
4
Attachment 2
Ordinance # ORD-2023-002
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify the Final Subdivision Plat School District Signature Block, and
Whereas, staff has determined requiring the school district signature on the final
subdivision plat is an unnecessary and time-intensive step in the plat approval process, and
Whereas, this amendment seeks to remove the requirement in Section 7.13.3(F)(3)(g), the
school district signature block, on final subdivision plats.
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.
5
WITNESS my hand and the seal of said County, this day of , 2023.
SEAL
Clerk to the Board of Commissioners
6
SECTION • • PLAT DRAWINGS
-
7.13.3 Final Plat Specifications
(f) Where a property is recombining property that includes a vacant lot or an
existing dwelling the following statement shall be shown on the plat:
"The recombination of existing lots has been reviewed by the Orange
County Health Department, Environmental Health Division. Based on
available information, this proposal does not appear to adversely affect
the suitability of the lots for the issuance of an improvement permit, nor
the installation, maintenance, or repair of an existing wastewater system.
This certification is not an Improvement Permit or an approval for septic
system on any of the lots. Subsequent changes to the lots may affect
the ability to obtain Improvement Permits and/or Construction
Authorizations."
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X97 GE ARty SGheel System er the Chapel Hill/Garrbere SGheel System +he
fellewing statement and en.dersements shall appear n the final plat.
the
.hereby eer+ify that the lets shown OR this plat have been annreyed by
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-SEAL
(h) All certificates and endorsement signatures on the Final Plat, except
those of the County Manager, Planning Board Chair, Planning Director
and Environmental Health Officer shall be notarized by the statement of
a Notary Public entered on the Final Plat. The Notary Public statement
shall be shown in substantially the following form:
"North Carolina County
I, a Notary Public of the County and State aforesaid, certify that
personally appeared before me this day and
acknowledged the execution of the foregoing certificate. Witness my
hand and seal this day of , 20_
"Seal or Stamp Notary Public
My Commission expires
(4) Certificate of Improvements
(a) If the required improvements are completed prior to the submission of
the Final Plat, then one of the following certificates shall be shown on the
plat and followed by the County Manager's signature:
"The County Manager hereby certifies that all improvements required by
the Orange County Subdivision Regulations have been installed as
specified by the approved Preliminary Plat for
Subdivision and that said improvements comply with Orange County
specifications."
County Manager: Date:
7
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 II; Tyler Sliger, Planner II; 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
27 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—FINAL SUBDIVISION PLAT SIGNATURE
28 BLOCKS-To make a recommendation to the BOCC on proposed amendments to the UDO that would
29 remove the school district signature block on the final subdivision plats. This item was introduced at
30 the October 5,2022 ORC meeting and is scheduled for a BOCC public hearing in January.
31 PRESENTER: Tyler Sliger, Planner II
32
33 Perdita Holtz presented a PowerPoint presentation and reviewed School Adequate Public Facilities Ordinance(SAPFO)
34
35 Statler Gilfillen: Without the need for new schools, my experience as an architect, maintenance has been severely
36 limited is there any consideration of maintenance upgrades.
37
38 Perdita Holtz: I can't speak as to the budgets but there are maintenance needs that are addressed in the school budgets
39 every year.
40
41 Lamar Proctor: I looked into this and the issue for me is that Mebane is not part of the MOU, all this development in
42 Western Orange County, if you remove the signature block then the school board doesn't have any advance notice,the
43 elected body of the school board, has no advance notice of these developments that are going to be Mebane town
44 developments within Western Orange County that contribute to the school systems until the kids hit the schools.The
45 MOU does a fabulous job of covering this information for the schools in the MOU but for Mebane, I think in terms of
46 planning that this does provide a helpful mechanism to notice them. It serves an effective notice mechanism to the
47 school board of subdivision development in Western Orange County by Mebane that is covered and at the phase one of
48 SAPFO.
49
50 Perdita Holtz: School staff keeps their school board informed of the work that we're doing and they do attend Technical
51 Review Committee (TRC) meetings for Mebane. They receive those agendas and can attend and provide comments.
52 School staff tracks development that is happening. Planning tracks it at well in Orange County's Planning Department.
53 It's not the only way the school board receive notification of development that's happening and our development that
54 receive CAPS aren't subdivisions anyway there is other development that is subject to CAPS not just subdivisions. The
55 school signature block is a time burden on school staff and planning staff. We are the only local government that is part
8
DRAFT
56 of SAPFO that requires it, the towns of Chapel Hill, Carrboro, Hillsborough does not. It was added to the subdivision
57 regulations well after the other SAPFO provision were put in there. It was part of a large subdivision regulation package
58 and wasn't really spoken to on why it was added.
59
60 Lamar Proctor: I think the underlying issue is Mebane not being part of the MOU for SAPFO and CAPS and our local
61 government doesn't get notice of those kids until they hit the schools that you are telling me that staff does pay some
62 attention to but those things have to get approved by Mebane.
63
64 Tyler Sliger presented a PowerPoint presentation and gave an overview of the proposed text amendment.
65
66 MOTION By Randy Marshall to approve Attachment 2, Statement of Approval and Consistency of the proposed UDO
67 text amendments with adopted Orange County plans. The Board recommends approval of the proposed text
68 amendment and issues this Statement of Consistency requirement of UDO Section 2.8 has been met. The amendment
69 is consistent with the 2030 Orange County Comprehensive Plan. The amendment is consistent the applicable plan
70 because it supports the Comprehensive Plan Land Use Goal 6, A land use planning process that is transparent, fair,
71 open and responsive.
72 MOTION PASSED 8—1 (PROCTOR)
73
74 Lamar Proctor: My concerns about notice requirements to the school board for the aggressive growth of Mebane and
75 Western Orange County and not being part of the MOU.
9
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 a plat signature block regarding adequate public facilities that requires
school system signature.
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:
a. Comprehensive Plan Land Use Goal 6: A land use planning process that is
transparent, fair, open, efficient, and responsive.
4. The amendment is reasonable and in the public interest because it removes an
unnecessary and time-intensive step from subdivision plat approval without
compromising the requirements or purpose of the Schools Adequate Public Facilities
Ordinance and the supporting Memoranda of Understanding.
The Planning Board hereby adopts this Statement of Approval and Consistency and the
findings expressed herein.
Adam Beeman, Chair Date
10
Orange
County
ENGAGE. CHALLENGE. INSPIRE.
2t
Schools
Orange County Schools
200 E. King Street
Hillsborough, NC 27278
October 24, 2022
Orange County Planning Board
300 W. Tryon Street
Hillsborough, NC 27278
To whom it may concern:
The Orange County Schools (OCS) supports the removal of signature lines for the Chair of the
Board of Education from subdivision plats. The text proposed for removal is not required by either
SAPFO or the MOUs. OCS staff support the proposed amendment as presented and request a
recommendation of approval from the Orange County Planning Board and approval by the Board
of County Commissioners. OCS further submits that its sole role in the lot approval process is the
issuance of a Certificate of Adequate Public Schools (CAPS) for any given development project.
OCS does not"approve" lots "for recordation,"and the requested certification is therefore never
applicable in any event.
Sincerely,
�az�o,E,A6v.�z
Patrick Abele
Deputy Superintendent
200 E.King Street-Hillsborough,North Carolina 27278 •919.732.8126•W W W.0 R A N G E 0 0 0 N T Y F I R S T.C 0 M