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Agenda - 10-01-2024; 5-a - Unified Development Ordinance Text Amendment – Landscaping Standards
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 1, 2024 Action Agenda Item No. 5-a SUBJECT: Unified Development Ordinance Text Amendment — Landscaping Standards DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Statement of Consistency Cy Stober, Director, 919-245-2592 2. Proposed Ordinance, Including UDO Perdita Holtz, Deputy Director, 919-245- Text Amendments 2578 3. Planning Board Signed Statement of Consistency and Excerpt of Draft September 4, 2024 Meeting Minutes PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations, and public comment, close the public hearing, and consider action on County-initiated text amendments to the Unified Development Ordinance (UDO) pertaining to Landscaping standards to allow for better achievement of established UDO and 2030 Comprehensive Plan goals, clarify language for improved administration and enforcement, and reflect contemporary best professional standards. BACKGROUND: The Orange County Planning Department initiated an amendment to the UDO Landscaping standards, as found in Section 6.8 "Landscaping, Buffers & Tree Protection". The proposed amendments are intended to be comprehensive in addressing overly-complex text, improve interpretation and application for both staff and applicants, and to resolve an existing ambiguity determined by staff and upheld by the courts regarding Table 6.8.6(D). Minor amendments in Articles 3 and 5 are also necessary to update references and reflect amendments in Section 6.8. Joint Planning Area (JPA) Review: In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and Agreement, the proposed amendments were sent to both towns for comment on March 22, 2024. To date, no comments have been received. Planning Board Recommendation: At its September 4, 2024 meeting, the Planning Board voted unanimously to recommend approval of the Statement of Consistency and the UDO text amendments, with some changes to the proposed text amendments. The changes recommended by the Planning Board have been incorporated into the proposed Ordinance contained in Attachment 2. The Planning Board's signed Statement of Consistency and and excerpt of draft September 4, 2024 meeting minutes are included in Attachment 3. Prior to making its recommendation, the Planning Board had reviewed the materials in an "Ordinance Review Committee" meeting on April 3, 2024. Planning Director's Recommendation: The Planning Director recommends approval of the: 2 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest, as contained in Attachment 1; and 2. Unified Development Ordinance (UDO) text amendments, 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 for the text amendment's public hearing. 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. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 7. Conserve and protect high priority open space, including Natural Heritage sites, nature preserves, watershed riparian buffers, and prime/threatened farmland. RECOMMENDATION(S): The Manager recommends that 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 Consistency (Attachment 1) and the Ordinance in Attachment 2. Attachment 1 3 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 text related to Landscaping and Buffering standards. The Board of County Commissioners hereby approves the proposed text amendment and issues this Statement of Consistency pursuant to NCGS § 160D-605 Governing board statement. The Board 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 principles and goals in the plan: a. Planning Principle 8: Future growth and development should occur in a manner that preserves and enhances the existing character of the County, its townships, and rural crossroads communities. b. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. c. Natural & Cultural Systems Goal 7: A balanced and healthy diversity of native plant and animal populations. d. Natural & Cultural Systems Objective NA-1: Conserve high-priority natural areas and wildlife habitats, including wetlands, rivers and streams, floodplains, steep slopes, prime forests, wildlife corridors, and other critical habitats. 4. The amendment is consistent with these principles and goals because implementation will result in clarification and streamlining of the UDO text while continuing to provide for the installation and maintenance of new vegetation and other landscape architectural features, as intended in Section 6.8.1 (Purpose and Intent of the Landscaping, Buffers & Tree Protection section) of the UDO. 5. The amendment is reasonable and in the public interest because it addresses overly complex text, improves interpretation and application for both staff and applicants, and resolves concerns addressed in Arter v. Orange County. 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-2024-029 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 related to Landscaping, Buffers & Tree Protection, and Whereas, this amendment seeks to address overly complex text, improve interpretation and application for both staff and applicants, and resolve concerns addressed in Arter v. Orange County; 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 2024. 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 , 2024 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2024. SEAL Clerk to the Board of Commissioners 5 UDO AMENDMENT PACKET NOTES: The following pages contain LIDO amendments pertaining to Landscaping, Buffers & Tree Protection. Within this amendment package: • Red Underlined Text: Denotes new, proposed text that staff is suggesting be added to the UDO • Red Strikethrough Text: Denotes existing text that staff is proposing to delete Only those pages of the UDO impacted by the proposed modifications 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: https://www.orangecountync.gov/3040/Unified-Development-Ordinance-UDO Article 3: Base Zoning Districts 6 Section 3.7: Economic Development Districts F-11 W-1 IF-3 117-11 N.'= Lot size, min., (square 20,000 • feet) • • A • Lot Width, min. (feet) 100 _ - Front Setback from ROW, 50 min. (feet) The purpose of the Economic Development Hillsborough Linear Office (EDH-1)District is to provide locations for low to moderately intense medical, professional, administrative and government office Side Setback, min. (feet) 15[1] on small to mid-sized sites in the designated Hillsborough Economic Development District. The district is intended to be located on the periphery of established residential areas and along major and minor thoroughfares.The Corner Setback, min. 40 [1] [2] district is established to provide convenient locations for offices, the (feet) size and operating characteristics of which require limited parking and which generate little traffic. Standards are designed so that this district may serve as a transitional land use between residential districts and higher, more Rear Setback, min. (feet) 50[1] intense land uses. APPLICABILITY Height, max. (feet) 30 [3] This district will usually be applied where the following conditions Floor Area Ratio, max. 7NR[4] 45 exist: 1. This district will be applied in the Hillsborough Economic Required Open Space .55 Development District. Ratio, min. 2. This district shall only be applied where water and sewer are Gross Land Area, available at the site or are to be made available to the site as part of min./max. none the development approval process. (square feet) DIMENSIONAL STANDARDS NOTES: Required [1] Required side and rear setbacks adjacent to residentially zoned Pedestrian/Landscape NR .05 land shall be equal to the required side or rear setback of the Ratio, min. adjacent residential district. [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however,that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] R= residential, NR= non-residential DEVELOPMENTEDH-1 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2, unless a Conditional District is approved (see Section 3.8). 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. Uses Permitted by Right require the Orange County, North Carolina—Unified Development Ordinance Page 3-50 Article 3: Base Zoning Districts 7 Section 3.7: Economic Development Districts approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate Conditional District(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. 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. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. A justification for any deviation to development standards must state a public benefit or purpose. 8. Structures in this district shall not exceed 5,000 square feet in gross floor area. 9. If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m.,the proposed project must be approved as an appropriate Conditional District 10. .When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District,the perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with Section 6.8.114-2 shall be installed. 11. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 12. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 13. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 14. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough Economic Development District. Orange County, North Carolina—Unified Development Ordinance Page 3-51 Article 5: Uses $ Section 5.5: Standards for Residential Uses (b) Street signs shall be located and constructed to Orange County standards and shall be installed outside the right-of-way at all intersections. (c) Each applicant shall submit to the Planning Department and Land Records for approval a space addressing system consistent with the Orange County Addressing Ordinance. Upon approval of the home park, the applicant shall submit an approved copy of the addressing plan to the emergency services/fire protection agency responsible for providing such services. (d) Each space shall have a permanent address sign erected in accordance with the Orange County Addressing Ordinance. (8) Grounds and Buildings (a) The grounds shall be maintained free of litter, debris and trash, including but not limited to abandoned appliances, automobiles, building materials or similar materials. (b) Grounds, buildings and storage areas shall be maintained to prevent the growth of ragweed, poison ivy, poison oak and other noxious weeds. (9) Mail Facilities (a) Within each HP-CD district shall provide a clustered mail delivery system, in compliance with the appropriate postal service guidelines. Applicants shall consult the appropriate agency for the specific requirements of this system. (b) Access to the mail delivery facility must be designed to allow three to four cars to stop at the mail delivery facility without conflict from passing vehicles. (10) Garbage & Refuse Collection (a) All garbage and refuse shall be stored in suitable waterproof and rodent proof receptacles which shall be kept covered with tightly fitting lids. (b) A central collection system shall be provided either through a private collection system for individual spaces or through the use of bulk containers (dumpsters). (c) Where bulk containers are used, there must be at least one four cubic yard bulk container for every 16 individual spaces, which shall be emptied weekly. Within the HP-CD district, parks with fewer than 16 spaces shall be required to provide one container. (d) Bulk containers shall be front loading wherever practicable. A side- loading container may be allowed where a front-loading container is not feasible and the property is accessible to a regular route of a side- loading refuse collection vehicle. (e) Where bulk containers are provided, a six inch reinforced concrete pad shall be provided to set the set container and also support the front wheels of the truck during the loading operation. The pad shall be 10 feet in width and 20 feet in length with at least 10 feet of the pad accessible for the truck to drive onto in front of the dumpster container for front loading pickup. If side loading containers are used, the pad may be 12 feet in width and eight feet deep with no projection for the truck wheels. (f) Bulk refuse containers (dumpsters) shall be screened in accordance with the provisions of Section 6.8.89 of this Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 5-23 Article 5: Uses 9 Section 5.5: Standards for Residential Uses (11) Operations Each applicant shall submit to the Orange County Planning Department tenancy rules and regulations governing the operation of the Home Park. (12) Recreation Areas and Facilities Recreation areas shall be provided in accordance with the Land Use Intensity System included in Sections 6.3 and 7.11 of this Ordinance. (13) Buffers and Landscaping (a) All spaces must be located at least 100 feet from any property line, not including street right-of-ways, regardless of the zoning district. The disturbance of land within the 100 foot buffer is prohibited. (b) Existing vegetation within the 100 foot buffer must be retained and additional plantings may be required to meet the Type F buffer standards, established in Section 6.8.6 of this Ordinance, along the perimeter of the site. (c) Spaces must be set back 40 feet from a public street right-of-way. The disturbance of land and existing vegetation within the setback area is prohibited and additional plantings may be required to meet the standards for a Type DC buffer. (14) Utilities (a) All utility installations shall comply with applicable building and health codes of Orange County and the State of North Carolina, and the requirements of the North Carolina Utilities Commission. (b) Temporary Residential Unit utility services shall meet applicable State of North Carolina Building Code and HUD requirements. (c) An adequate and safe potable water supply shall be required from either a municipal or public water system. When a municipal or public system is not available, the home park must be serviced by a supply approved in accordance with State and local regulations. (d) An adequate and safe method of sewage disposal shall be required. Collection systems, sewage treatment facilities, or individual septic tank systems shall be approved in accordance with State and local regulations. (e) Street lighting shall be provided at each street intersection and throughout the park. Where the distance between street intersections exceeds 500 feet, additional street lights may be required. (f) All permanent utility systems shall be located underground, and easements necessary for water, sewer, gas, electrical, cable TV, stormwater and other permanent or temporary utility systems and their connection pedestals shall be shown on the home park plans. 5.5.6 Existing Home Parks (A) Standards of Evaluation (1) Existing Home Parks that do not meet the standards set forth in this Ordinance shall be considered non-conforming. (2) Existing Home Parks that convert spaces or stalls to accommodate Temporary Residential Units must meet applicable standards of this section and Section 2.5. Orange County, North Carolina—Unified Development Ordinance Page 5-24 Article 6: Development Standards 10 Section 6.8: Landscaping, Buffers&Tree Protection (C) Development Standards (1) Dimensional Requirements (a) There are no minimum lot sizes within the MPD-CD district; However, the Master Plan will set forth the individual lot setbacks in accordance with the General Dimensional Requirements established herein. STANDARDSTABLE 6.7.5.C:SPECIFIC . - HILLSBOROUGH COVERMINIMUM ZONING MINIMUM SETBACKS LOT MAXIMUM MAXIMUM ZONING SIDE IMPERVIOUS HEIGHT DISTRICT AREA WIDTH FRONT REAR ONE SURFACE (FEET) (ACRE) (FEET) (FEET) (FEET) SIDE COMBINED STREET MPD-CD - 200 60 40 20 40 40 50 60 (b) Single-family and duplex residential uses following the flexible development guidelines established in Section 7.13 of this Ordinance, may reduce the minimum setbacks by 50% and the lot width by 60%. (2) Internal Access (a) All outparcels within the MPD-CD district shall have internal access to the development. (b) All parcels shall provide for interconnectivity between parking areas if determined necessary by staff. (3) No drive through facilities may be constructed in this district. (4) Consideration of lower cost and affordable housing shall be incorporated into any mixed use development. (5) A justification for any deviation to development standards must state a public benefit or purpose. (D) Plan Approvals (1) If a MPD-CD rezoning application is approved with a Master Plan, the approval does not obviate the need to obtain site plan approval for the individual "pods"/lots shown on the Master Plan in accordance with the provisions of this Ordinance. (2) If any nonresidential use is located within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size, an appropriate Conditional District must be approved.. See Section 5.21.2 for standards for uses requiring Conditional District approval. (3) A site plan shall not be accepted by staff for review until the MPD-CD Master Plan has been approved. SECTION : TREE PROTECTION 6.8.1 Purpose and Intent The standards of this section provide for the preservation of existing vegetation and for the installation and maintenance of new vegetation and other landscape architectural features. The purpose of these standards is to: (A) Protect, preserve, and enhance the visual appeal, character, and value of Orange County; Orange County, North Carolina—Unified Development Ordinance Page 6-36 Article 6: Development Standards Section 6.8: Landscaping, Buffers&Tree Protection (B) Enhance the beauty of the built environment; (C) Enhance the privacy and welfare of citizens by separating incompatible land uses; (D) Allow for the ecological benefits provided by plant materials including: protection of land from erosion and stormwater runoff; minimize noise, water, light and air pollution; mitigation of the heat island effect; recharging of aquifers; and protection and enhancement of wildlife habitats; and (E) Preservation of natural forested tree areas. 6.8.2 Applicability The landscaping and buffering standards of this section shall apply to all proposed land development for which a site plan, special use permit, MPD-CD Master Plan, preliminary n'�+ the of majop i bdiyi&k4rs plot plan, or a final plat in the race of minO subdivisions, is required except exempt or expedited subdivisions, as provided by Sections 7.2.1 and 7.2.2 of this Ordinance. If the use-specific standards of Article 5 specify differing landscaping standards, those shall prevail over those provided herein. 6.8.3 Variations (A) In some cases the strict adherence to this section of the Ordinance would serve no useful purpose, in which case the Planning Director, may modify the buffer and landscape standards of this Section where: (1) The topography of a site and/or the size of a proposed lot are sufficient to serve the purpose of a buffer; (2) Existing structures, utilities, gardens or active farmland are located in the buffer or setback areas; (3) Existing vegetation is damaged, unhealthy, or poses a safety threat; or (4) An existing residence or structure with established lawn areas and/or plant beds is contained within a proposed subdivision lot. (B) The Planning Director may require alternative buffers or landscaping, including locations other than those typically required, when a modification to the requirements of this section is warranted in order to meet the intent of the specified standards. (C) When a proposed lot includes one or more of the conditions listed above, the Planning Director is empowered to waive the requirements for screening or additional landscaping provided that the request is submitted in writing stating the reason and rationale for such request, and the spirit and intent of this Ordinance is achieved. 6.8.4 Protection of Existing Vegetation (A) Tree Protection Areas There are two tree protection areas defined as follows: (1) Primary Tree Protection Area Front, side and rear yard setback areas; Stream Buffers; and Land Use Buffers as required by this Ordinance. If no side and/or rear setbacks are required, the Primary Tree Protection Area shall be ten feet in width as measured perpendicular to the existing and/or proposed lot line. (2) Secondary Tree Protection Area Any portion of a lot not included within the Primary Tree Protection Area. (B) Protective Measures Orange County, North Carolina—Unified Development Ordinance Page 6-37 Article 6: Development Standards 12 Section 6.8: Landscaping, Buffers&Tree Protection (1) Existing trees, regardless of size, shall not be cut or otherwise damaged or destroyed within a primary tree protection area except as shown on an approved Landscape and Tree Preservation Plan, plot plan, or site plan. (2) Existing native, non-invasive and drought tolerant trees having a diameter of one foot or greater, as measured at diameter breast height�dbhj shall not be cut, damaged or destroyed within a secondary tree protection area except as shown on an approved Landscape and Tree Preservation Plan, plot plan, or site plan . (3) During construction activities, adequate protective measures shall be provided to minimize damage to existing trees and other vegetation. (4) All tree protection fencing shall be installed prior to any grading, construction traffic or activity taking place on site. (5) Tree protection fencing shall be a minimum of four feet in height, of durable construction, and shall be placed outside of the drip line of the tree(s)to be protected. {4}(6) Tree protection fencing shall be maintained on the site until all site work is completed. Protective fencing shall be removed prior to final site inspection for the certificate of completion. M(7) Logging mats shall be used in areas where drip lines or critical root zones may be disturbed during construction. {6}(8) Signs in English and Spanish shall be posted identifying the tree protection areas and shall state the area is not to be disturbed. Such protective devices shall effectively protect the critical root zones, trunks, and tops of trees to be retained and shall be maintained until all work has been completed. g4Lq Construction traffic, storage of vehicles and materials, soil compaction, filing, and grading shall not take place within the drip line of trees to be preserved. {8}JL0J Construction access to a site should be located where an existing or proposed entrance/exit is located. t;9}(11) A stabilized open area should be designated for storage of materials (including stockpiling of soil and gravel) and for parking construction vehicles and equipment. (C) Mitigation Where grading within a critical root zone of a tree cannot be avoided, the following measures shall be used to maintain the life of the trees affected by grading: (1) Avoid cut and fill around the entire circumference of the trunk of the tree; (2) Root prune a tree several months prior to any cuts within the critical root zone; (3) Prune tree limbs in an amount, which reflects the area of the roots to be severed, but in no case allow pruning to exceed 25% of the tree crown. Fertilize, if necessary and water the undisturbed root area of the tree; (4) Trees that are marked for preservation and for which utilities must pass through their critical root zones shall not have surface-dug trenches; and (5) Utilities shall be bored through critical root zone areas. Shared utility easements or trenches are encouraged. 6.8.5 Landscaping Standards (A) General Design Guidelines The following are guidelines and should be included where possible in the landscape plan,and shall be balanced against other objectives of this Section when reviewing a landscape and tree preservation plan. Orange County, North Carolina—Unified Development Ordinance Page 6-38 Article 6: Development Standards 13 Section 6.8: Landscaping, Buffers&Tree Protection (1) The use of potable water sources to irrigate should be minimized by utilizing rainwater or other allowable systems. (2) Native, non-invasive, and drought tolerant species should be arranged into zones according to their water needs, by employing xeriscaping. (3) Landscaping in the rural zoning districts (RB, AR and R1)should must be clustered and shall be consistent with existing or dedicated Common Open Space and/ore recreational areas to provide a more natural look. More formal arrangements are possible in the medium and high density residential districts as well as the ^^mmeMial iRdustrial andeGE)ROMOG deve'OpMen+non-residential zoning designations, including NR-CD. Variations may be permitted, as allowed by Section 6.8.3. (4) LandSGape materials she ld be seTesfed and arranged +^add variety and visual IRterrest, as v well as to avoid MOROGUItYFeS that Gar"i--ei.RGE)'a',"-cagge the spread of pests and doc (5) Landscaping shall not be located on any portion of a public or private drainage or utility easement. (6)(4) Plant placement in buffers may include clustering; however, such clustering should be reflected in plant placement that provides the maximum protection of neighboring properties. (5) Crime Prevention through Environmental Design (CPTED), as outlined by the National Crime Prevention Institute, should be considered when laying out sites to maximize public safety. (6) If there is existing, healthy, natural native, non-invasive and drought tolerant vegetation in the area of a required buffer and greater than12" inches dbh, it must be preserved. If the vegetation is removed for any reason, other than in accordance with an approved landscape and tree preservation plan, the dimensions of the buffer within the impacted area shall be increased 50% and the number of required plantings shall be increased 50%. (7) The ^r4+*^_' rget ZGRe drip line of trees within the a required buffer must be protected if the applicant seeks credit for preservation of existing trees. For example, if a required buffer has a dimensional width of 30 feet, and the G40cel f^,�;a drip line extends beyond the 30 feet, the buffer will be extended to the edge of the ^r'+'^a' reet zGpe drip line in the area around the tree.? (B) Basic Plant Types There are five basic plant types referred to in this section, and all shall require the use of locally-adapted plants. They include canopy trees, evergreen trees, deciduous understory trees, evergreen understory trees and shrubs, defined as follows: (1) Canopy Trees Large deciduous shade trees with a mature height of 30 feet or greater and a mature spread of 30 feet or greater. (2) Evergreen Trees Trees at least 20 feet tall at maturity usually having green foliage throughout all seasons of the year. (3) Deciduous Understory Trees 18 and 9 have been relocated from Buffers section,with modifications from existing language in bold. Orange County, North Carolina—Unified Development Ordinance Page 6-39 Article 6: Development Standards 14 Section 6.8: Landscaping, Buffers&Tree Protection Small deciduous trees or large deciduous shrubs with a mature height of 10 to 30 feet, except under overhead utilities, where lower heights at maturity may be required. (4) Evergreen Understory Trees Trees or large shrubs at least ten feet tall at maturity that usually have green foliage throughout all seasons of the year (5) Shrubs (Deciduous and Evergreen) Prostrate or upright woody plants, either evergreen or deciduous, with a mature height usually less than ten feet. Evergreen shrubs usually have green foliage throughout all seasons of the year. (C) Plant Material Requirements Unless specified elsewhere in this Ordinance, plant material shall meet the following minimum requirements listed below. When determining the quantity of plant material required, the quantity shall always be rounded up to the nearest whole number. (1) Plant Materials, General All plant material shall meet or exceed size and shape relationships specified in the latest edition of The American Standard for Nursery Stock published by the American Association of Nurserymen. (2) Trees (a) Canopy Trees (i) Canopy trees shall have a minimum size of two-inch caliper at time of planting. (ii) Canopy trees shall be planted at least 18 feet apart. (b) Evergreen Trees (i) Evergreen trees shall have a minimum height of eight feet at the time of planting. (c) Deciduous Understory Trees (i) Deciduous understory trees with single stems shall have at a minimum size of one-inch caliper and a minimum height of eight feet at the time of planting. (ii) Multi-stemmed deciduous understory trees shall have a minimum height of eight feet at the time of planting. (iii) Deciduous understory trees shall be planted at least 12 feet apart. (d) Evergreen Understory Trees (i) Evergreen understory trees shall have a minimum height of six feet at the time of planting. (e) Mixing of Tree Species When ten or more trees are required to be planted on a site to meet these regulations, a mix of species shall be provided. The following table indicates the maximum percentage of trees of the same genus and species that may be planted. Orange County, North Carolina—Unified Development Ordinance Page 6-40 Article 6: Development Standards 15 Section 6.8: Landscaping, Buffers&Tree Protection TABLE 6.8.5.C.2: PLANTING MATERIAL, MIXING OF REQUIREDTOTAL TREES PLANTED MIN SPECIES OF ONE ON SITE SPECIES 11 to 20 Trees 3 40% 21 to 40 Trees 4 35% 41 to 80 Trees 6 30% 81 to 150 Trees 8 25% Over 150 Trees 10 20% (3) Deciduous and Evergreen Shrubs (a) All shrubs shall be cold hardy and heat tolerant. (b) Upright shrubs shall be a minimum of 15 inches in height at the time of planting. (c) Shrubs shall not be planted closer than three feet on center. Shrubs shall not be planted closer than three feet to planted trees, nor within six feet of existing protected trees; however, no more than 25% of the root protection zone of an existing tree may be disturbed with new plantings. (d) When planted as a hedge, the maximum spacing for 24-inch high deciduous shrubs shall be 36 inches on center. Spacing for other size shrubs shall be determined by the Planning Director or designee based on the proposed species. (4) Preferred Species The Planning Director shall maintain a list of plants by type and their preferred location or use on sites developed under this Section. The list shall include drought tolerant and native species (5) Prohibited Plants The Planning Director shall maintain a list of plants that are not permitted for any use due to their invasive tendencies. Such species shall not be planted as landscaping for any purpose. (D) Installation (1) The International Society of Arboriculture (ISA) maintains standards for tree plantings. All installations shall adhere to the standards published by the ISA. The Planning Director will have available the planting details as a booklet. (E) Maintenance (1) All plantings must be maintained in a healthy state. Should any vegetation that was required to meet the standards of this section die within two years of planting, the plants must be replaced with the same or comparable species. (2) The Planning Director may conduct inspections to monitor the health and status of the required landscaping. 6.8.6 Landscape Usrt—, Buffers (A) Purpose Landscape use buffers are intended to screen and buffer lower intensity/density uses from incompatible higher intensity/density land uses. Buffers reduce adverse visual effects, as well as noise, dust, and odor. (B) Applicability Orange County, North Carolina—Unified Development Ordinance Page 6-41 Article 6: Development Standards 16 Section 6.8: Landscaping, Buffers&Tree Protection Landscape use buffers will be required based on the zoning district of the proposed use and the zoning district of the adjacent uses. (C) Location (1) Required landscape use buffers shall be located along the interior or street lot lines nearest the adjacent streets_, Iand uses and/or zoning designations. Buffers shall not be located on any portion of an existing or proposed street right of way, drainage or utility easement unless allowed by an encroachment agreement with the owner of that easement. (2) No building or structure of any type shall be erected, constructed or installed in a required landscape use buffer. (D) Landscape else-Buffer Table UFFERS ZONING OR USE OF ADJACENT PROPERTIES LO CM cli 112 RB,AR, R1 - A A B F E F F € € B D m R-2& R-3 A - A B F D F F € D B D o R-4& R-5 A A - B F CD E E € C B D 0- R-8&R-13 B B B - F B D D € C B D a� HP-CD F F F F - F F F € € € € CD O/RM, NC-2, - - - 0 LC-1 E D CD B F € D D D a> Cn CC-3, GC-4, F F E D F - - - € B B D o EC-5 c' El, I-1, I-2, I-3, F F E E F - - - € D D D o PID N AS,ASE-CD D A A I A F A A A € D D D Note: MPD-CD, R-CD, and NR-CD buffers to be determined at time of approval. (E) Natural Buffers? 0) if there is existing, healthy, natural vegetation On the area of a required buffer, must be-p eseryer-ved if the vegetation is removed for any reason, other than n nnordance with an a eyed IandE;Gape and tree preservation plan, the ff dimensions of the h-- er shall he in ed 50% and the n mher.,frequired plantings shall he in ed 50% seeps credit for preservatiGn of exist+rg#ees. Forexample,if a required buffer has a dimensional width of 30 feet, and the GFi+ioal Foo+ZGRe extends heyend the 30 feet, the b offer i.•ill he e.,+ended +e the edge of the GFi+iGal Feet ZeRe on the a rea aFOUnd the tree Z(1)and (2)were relocated to Landscaping General Standards(6.8.5). Orange County, North Carolina—Unified Development Ordinance Page 6-42 Article 6: Development Standards 17 Section 6.8: Landscaping, Buffers&Tree Protection (3) If ReGessary, a natur-A.' -h-Aer I.A.411 be supplemented with additional plantings-in ender to moo+the standards established heroin 3 { JEELConstructed Buffers (1) If existing plantings are not sufficient to meet the buffer standards established in this Section, additional plantings shall be installed. (2) The plant units listed below will be considered comparable, and therefore interchangeable, as set forth below. (3) Option 2, Deciduous, shall not be permitted when the proposed use is non- residential and is proposed next to a residential district or use, unless employed with a wall, as set forth herein. 3(3) is redundant with (F)(1) below Orange County, North Carolina-Unified Development Ordinance Page 6-43 Article 6: Development Standards 18 Section 6.8: Landscaping, Buffers&Tree Protection TABLE 6.8.6. : BUFFER TYPES BUFFER MINIMUM OPTION 1 OPTION 2 OPTION 3 OPTION 4 TYPE WIDTH MIXED DECIDUOUS OVERHEAD Plant Material Required Per 100 Linear Feet 1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree 0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree 1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous A 20 Understory Understory Understory Understory 2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen Understory Understory Understory Understory 13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree 1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree 0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree 1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous B 30 Understory Understory Understory Understory 2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen Understory Understory Understory Understory 13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree 3anoPr T.rpe.p Canopy Tree n Canopy Tree n Canopy Tree 1 Eyernroon Tree 1 Evergreen Tree 4Eyernroon Tree n Eyernroon Troo 40 ljRdeFstery i iRdeFS+ F i Rderst IJRdeFster 5 Ever reeR 5 FvergreeR 9 Evergreen 5 Ever reeR Ll R deFster 6twy i i�r to,-� LlRdei:6tw do Shrubs Tree do Shrubs Tree 4A Shrubs Tree zn Shrubs Tree 6 Canopy Tree 7 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 7 Evergreen Tree 0 Evergreen Tree 4 Deciduous 10 Deciduous 0 Deciduous 12 Deciduous D 50 Understory Understory Understory Understory 9 Evergreen 0 Evergreen 16 Evergreen 9 Evergreen Understory Understory Understory Understory 5570-Shrubs Tree 5467-Shrubs Tree 5468-Shrubs Tree 4153-Shrubs Tree 6 Canopy Tree 8 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 8 Evergreen Tree 0 Evergreen Tree 4 Deciduous 11 Deciduous 0 Deciduous 13 Deciduous E 75 Understory Understory Understory Understory 10 Evergreen 0 Evergreen 17 Evergreen 10 Evergreen Understory Understory Understory Understory 77 Shrubs Tree 73 Shrubs Tree 74 Shrubs Tree 58 Shrubs Tree 7 Canopy Tree 10 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 10 Evergreen Tree 0 Evergreen Tree 5 Deciduous 13 Deciduous 0 Deciduous 16 Deciduous F 100 Understory Understory Understory Understory 12 Evergreen 0 Evergreen 20 Evergreen 12 Evergreen Understory Understory Understory Understory 85 Shrubs Tree 80 Shrubs Tree 83 Shrubs Tree 65 Shrubs Tree 6.8.7 Planting RequFrements5 Y4(FF)Street Trees 4 C&D have nearly identical standards,and C is applied only to 4 specific uses in the UDO. The main difference appears to be shrubs and width so staff proposes to relieve this for Class D,which will further distinguish Class D& E buffers. 5 This section is primarily about buffering standards and should be continuous with the buffers section. Orange County, North Carolina-Unified Development Ordinance Page 6-44 Article 6: Development Standards 19 Section 6.8: Landscaping, Buffers&Tree Protection (1) Street trees shall be required at the rate of one canopy tree and one understory, either deciduous or evergreen, tree for every 65 feet of street frontage along existing and proposed public and private streets, not including alleys. (2) To enhance the natural appearance in the rural areas of the County, canopy and understory trees shall be planted, and clustering is encouraged. However, there must be at least one tree every 100 feet of street frontage. (3) In all developments subject to the provisions of this section, the developer shall either retain or plant trees within the front yard setback along all existing and proposed street frontages, public and private, except for alleys. (4) If a conflict exists with public utilities, alternate plantings consisting of a greater number of understory trees will be permitted. (5) Street trees shall be of a species included on the Planning Director's list of acceptable street tree species. (G) Street Tree Planting Tables RB,AR, R1 F E B A C R-2 &R-3 F D B A a� o R-4&R-5 F DC B B o_ R-8& R-13 F DC B D HP-CD F EO D D U) o O/RM, NC-2, F B B B m LC-1 L CC-3, GC-4, EC-5 F B B D 0 0 o El, 1-1, 1-2, 1-3, PID F B B D N r— AS,ASE-CD F B B B Note: MPD-CD, R-CD, and NR-CD buffers to be determined at time of approval. (E4(H) Between Lot Plantings e Table is new but content is from existing table 6.8.6- only new text is marked in red. Orange County, North Carolina—Unified Development Ordinance Page 6-45 Article 6: Development Standards20 Section 6.8: Landscaping, Buffers&Tree Protection (1) Where a landscape use buffer is not required, a landscape area ten feet in width exclusive of drainage and/or utility easements shall be provided along the interior side and rear lot lines of each lot being developed. If there are no existing trees, the developer shall provide a minimum of one tree per one thousand square feet of land contained within the ten foot landscape area. Figure 6.8.67.43H: Between Lot Plantings Rear Lot Line ' 10 Min. W M Required Rear Landscape Buffer a c Area ® Required Interior o Side Landscape Buffer Area CD Future ®Existing Trees Structure cn iz m 0 rt r ru Front Yard Setbac EXAMPLE: If a 40,000 square foot lot has a dimension of 150 feet,the depth of the lot would be 266 feet(minimum lot size and width). Not included for the purposes of the calculation is the 40 foot front yard setback(typical)or the 10 foot rear line landscape area. The remaining side lot line dimension would be 216 feet, multiplied by the 10 foot width of the landscape area. 2160 square feet,divided by 1,000 results in 2.16 trees,or 2 trees. (6)LILFoundation Plantings (1) A minimum of a five foot landscape area must be planted around the front entire foundation and sides visible from the public rights-of-way of non-residential structures to blend the architecture into the site and to accent entrances. Vegetation of varying heights and textures shall be placed along walls and fences to soften the planes. (a) Landscaping shall be planted a minimum of 48 inches (2 feet)from the foundation of the structure. (2) If a landscape area around the foundation is not possible, as in the case of existing buildings and parking, landscape planters should be incorporated into the stere-building frontage and sides visible from the public rights-of-way to screen the foundation from public view, from adjoining properties, and the dedicated right-of-way. This can be done by means of raised planters, sidewalk cutouts, or portable planters. MQ_Landscaping of Vehicular Use Areas (1) Perimeter Buffer (a) A landscape area at least ten feet in width, exclusive of drainage and/or utility easements, shall be provided between the vehicular use areas and the right of way or adjacent property line, except where permitted driveway openings are to be provided. Orange County, North Carolina—Unified Development Ordinance Page 6-46 Article 6: Development Standards21 Section 6.8: Landscaping, Buffers&Tree Protection (b) In addition to the trees required on-site, a hedge of at least three feet in height at maturity shall be installed to provide a continuous opaque landscape barrier for the purpose of reducing glare and visual distractions to passing motorists and to adjacent properties. Berms and/or fences or a combination of all three may also be utilized. berms,(c) For security purposes, hedges, and/or fences shall not exce throe and one half foot when adjacent to public rights of ways 7 (d)(c) The provisions of this subsection shall not be applicable in the following situations: (i) Where any off street parking, loading or other vehicular use area will be entirely screened visually, from any point of view, by an intervening building or structure from abutting property; (ii) When differences in topographic elevation eliminate the visual impacts of the off-street parking, loading or other vehicular use areas to adjacent roads or properties; and/or (iii) Where planting and/or fencing is required for screening between certain non-compatible land uses. (2) Interior Landscaping (a) All Off-Street Parking Areas The following landscaping requirements shall apply to all off-street parking areas: (i) Under no circumstances may any parking space be located more than 60 feet from the trunk of a canopy tree. (ii) All trees and other landscape materials required shall be installed in accordance with the provisions of this Section. (b) Off-Street Parking Areas With More Than Ten Spaces In addition to the requirements established in subsection (a) above, the following interior landscaping requirements shall apply to all off-street parking areas with more than ten parking spaces and within the interior of the parking area. (i) Terminal Islands a. No more than ten parking spaces shall be permitted in a continuous row without being interrupted by a terminal landscape island. b. Terminal Islands shall have a minimum of 300 square feet. C. Each terminal landscape island shall be planted with a minimum of one canopy tree, as well as shrubs, and ground cover in accordance with the following detail. (ii) Minimum Landscaped Area a. Not less than 5% of the interior of any parking, loading or other vehicular use area shall be landscaped. b. The location of the required interior landscaping is at the option of the owner or developer and may include median strips and required terminal islands. 'This is relevant when sidewalks are present but that is not currently a county requirement. If anything, higher perimeter plantings will allow for greater screening ability. Required sight triangles will protect visibility concerns at driveways. Orange County, North Carolina—Unified Development Ordinance Page 6-47 Article 6: Development Standards22 Section 6.8: Landscaping, Buffers&Tree Protection Figure 6.8.67.1 2 b i B:Vehicular Use Area Landscaping,Terminal Islands ZM- --� / -- ---- - 0 Q No more than ten parking spaces shall 90 teet —_ g'_y/ be permitted in a continuous row without _ _ -- being interrupted by a terminal landscape island. © Terminal islands shall have a minimum of 300 square feet and be planted with a minimum of one canopy tree,as well as shrubs and ground cover. © Not less than 5%of the interior of any parking,or other vehicular use area shall be landscaped. Q A landscaped area of at least 10 feet in width shall be provided between the vehicular use area and the right-of-way. 6.886.8.7 Credits for Existing Vegetation (A) Healthy vegetation that is retained may be credited toward landscaping requirements. (B) Vegetation to be saved shall meet all requirements of Section 6.8.4, Protection of Existing Vegetation. (C) Healthy canopy trees may be retained and credited toward landscaping requirements if each tree proposed for credit has a caliper of at least two inches, and credit will be given on a one-for-one basis. (D) Credit shall be allocated on a one-for-one basis for healthy evergreen trees, deciduous understory trees, evergreen understory trees or shrubs. The size of material shall not be taken into account except where such material is below the required minimum planting size, in which case no credit shall be granted. (E) In order to receive credit for any retained trees, 100% of the critical root zone shall remain undisturbed. Trees with critical root zones outside the protected area shall not count toward any landscaping requirements unless consistent with Section 6.8.6(E)(2). 6�96.8.8 Screening (A) Applicability (1) The standards contained herein shall apply to the following elements of all multifamily or non-residential development: (a) Air handlers and similar mechanical equipment from the public rights-of- (b) Outdoor storage for nonresidential development; (c) Loading areas; and (d) Trash handling facilities, including dumpsters and recycling. (2) All rooftop equipment shall be screened or setback so that it is not visible from any adjacent right-of-way, except that solar panels shall be exempt from screening requirements. (B) Standards Orange County, North Carolina—Unified Development Ordinance Page 6-48 Article 6: Development Standards23 Section 6.8: Landscaping, Buffers&Tree Protection All screening installation shall comply with NC State Building Codes and provide clearance around onsite utilities and equipment to allow for accessibilitV for maintenance purposes. Features and uses specified above shall provide a visual obstruction from adjacent properties in conformance with the following standards: (1) The screen may be composed solely of view-obscuring vegetation used fndividualty, or in combination with a wall, semi-opaque fence, or berm. The screen height shall be eight feet from the ground, except that utilities and trash handling facilities shall be screened to the height of the facilities plus six inches. (2) A minimum opacity of at least 80% that obscures views from the ground to the height of the object being screened shall be attained. (3) Plant materials shall be at least two feet tall at the time of installation and reach the desired height within three years of planting. (4) Except for screening around roof-top equipment, one upright shrub of an evergreen species shall be installed per four linear feet of any wall,o4fence, or trash/recycling enclosure that faces off-site. (5) Trash and recycling containers must be contained within a gated, durable apA attractive enclosure, compatible with building architecture. Shrubs shall be Nplanted around the fn ndatk) (C) Fences and Walls (1) Fences and walls shall not be required to adhere to the setback requirements detailed within this Ordinance but shall be IGGated „n the property of the 0 ndinvoclual TeGtingthe "f""^f"e. (2) FeRees and walls shall be c-Ompaf;hle with build;n aFGhitGGtUFe. {3}(2) Fences and walls shall be setback a minimum of ten feet from any property line adjoining a road right-of-way, either public or private, to ensure adequate site visibility. {4}(3) Fences shall not exceed 12 feet in height. {5}(4) Privacy fences shall be erected to that support posts and slats are visible and accessible from the individual's property that erected the structure. �6}15) Chain link fencing is not permitted in areas visible from adjacent properties, parking areas, street or pedestrian walkways unless it is screened through use of evergreen shrubs at a density of four(4)shrubs for every 100 feet. (D) Credit for Other Landscaping Plant material in project boundary buffers may be counted towards the planting requirements of this section when located to serve both functions. 6.8.106.8.9 Landscape and Tree Preservation Plan (A) Whenever land development for which a site plan, S^8^ial use pen2R,f nnPD-CD Master Plan, pre!'FR'RaFy plot OR the Gase f major s b diViSi R8 or a final plat i^ theGase of m iRGF subd+visfsns, is required except Exempt or Expedited Subdivisions, as provided by Sections 7.2.1 and 7.2.2 of this Ordinance, a landscape and tree preservation plan meeting the requirements of this Section must be submitted for review and approval in accordance with the provisions in Article 2 of this Ordinance. (1) In consideration of existing site conditions during review of the landscape and tree preservation plan, the Planning Director may add additional tree protection areas when determining the exact location of any tree protection fencing. (B) Landscape and tree preservation plans shall be prepared by certified landscape architects or other landscape professionals with a proficiency in preparing landscaping plans, with the exception of minor subdivisions. If a minor subdivision must install Orange County, North Carolina—Unified Development Ordinance Page 6-49 Article 6: Development Standards24 Section 6.8: Landscaping, Buffers&Tree Protection plantings to meet the requirements of this section, it is encouraged that a professional plan be prepared. However a copy of the final plat with the species and location of plantings will be considered sufficient. (C) The landscape and tree preservation plan must include the following: (1) The location of existing and proposed structures, parking areas, roadways, fences and walls. Landscape and tree preservation plans for subdivisions shall not be required to show proposed structures, parking areas, fences or walls on individual lots. (2) The location of any required landscape buffers, trees, shrubs and screening materials to be planted; (3) A legend listing all plant materials to be planted; (4) The location of any lighting fixtures proposed to minimize conflicts between lighting and landscaping; (5) The location and species of existing trees in buffer areas if seeking credits for existing vegetation in accordance with Section 6.8.87; (6) Primary tree protection areas, the critical root zones, and the method of protection; (7) Storage areas for construction vehicles and materials, including stockpiled soil and gravel; (8) How areas disturbed during construction are to be restored. Such efforts should be phased to coincide with the establishment of final grades to minimize erosion; and (9) Planting details in accordance with Section 6.8.5(D). (D) Where needed for clarity, the landscape and tree preservation plan can be provided on separate sheetsdovocled into MG sheets: a tree preservation plan and a planting plan. (D)(qL_Where tree protection is required, the landscape and tree preservation areas shall also be depicted on the landscape, grading, and Erosion Control plan sheets. (€4LLFollowing approval and prior to the start of construction, the plan shall be posted on the job site and reviewed with all contractors. 6.8.116.8.10 Request for Extension of Compliance It is recognized that land development occurs eentinuouslycontinuously and that vegetation used in landscaping or screening should be planted during specific times of year and in the construction timeline to ensure the best chance of survival. In order to ensure compliance and to reduce the failure of landscaping or screening materials which were installed at an inapprepr,ate time or under unfayerable renditions, the applicant may request an extension of landscaping compliance in accordance with the following: (A) A Letter of Request for Extension of Compliance (LREC)with landscaping requirements may be filed with the Planning Director, or designee, which states the reasons why the request is being made. (B) The applicant shall state in the LREC that they are aware of all landscaping and screening requirements, and that the property will be brought into compliance within 90 days of the approval of the extension, or discontinue use of the property. (C) The Planning Director may grant the exten-i— — .—1--sts for planting extensions submitted between May 15 and September 15 of each year, and may grant the extensions at other times Of there are unfavorable conditions for planting 8 $The other standards allow for discretion by the director already. Orange County, North Carolina-Unified Development Ordinance Page 6-50 Article 6: Development Standards25 Section 6.8: Landscaping, Buffers&Tree Protection (D)(C) If the initial LREC has expired and conditions are still deemed unsuitable for planting, an applicant may request one additional extension of up to 90 days. During periods of extreme drought, as evidenced by the official declaration of Stage 3 or greater mandatory water conservation requirements, the Planning Director, or designee, may authorize additional 90-day extensions beyond the one extension typically allowed. These extensions may be continued throughout the period in which the extreme drought conditions remain. (1=)LLThe applicant shall also acknowledge that no Final Zoning Compliance Permit shall be issued while there is an active (pending) LREC unless a Performance Guarantee, submitted in accordance with Section 2.27 of this Ordinance, has been posted with the Planning and Inspections Department. 6.8.126.8.11 Additional Standards for Economic Development Districts (A) Landscape and Tree Preservation Plan The Landscape and Tree Preservation Plan shall be prepared in accordance with the requirements of Section 6.8.4G9. (B) Preservation of Existing Features (1) Natural features such as streams and ponds, hillsides, rock formations, unique vegetation and natural areas, wildlife habitats, and other similar features must be incorporated into the overall development concept. (2) Building sites, parking areas, and other uses shall be situated in such a way as to protect existing tree stock having a diameter of one-foot or greater when measured four and a half feet above ground level. (3) Trees to be saved shall be noted on the landscape and tree preservation plan and appropriate measures to protect the tree stock from damage during construction, including no grading within the critical root zone, shall be indicated in accordance with Section 6.8.4. (4) Where possible, trees shall be protected in stands or clusters. (5) The siting efrrgvf buildings shall take advantage GfrSGeRiG views and take into eenc ideratien the im ant of n otr-lnfi�rec e s from eff_site. Mj� Where ever possible, access to views are to be preserved for adjacent property owners and passing motorists. (7) SeeniG views and visual elemeRts withmR the visual corridor shall be identified and preserved where possible 9 (C) Buffering Neighboring Uses (1) A minimum buffer of 100 feet in width is to be provided at the boundary of all Economic Development Districts. (2) In accordance with Section 6.6.4, a buffer of 100 feet in width is to be maintained adjacent to the right-of-way of interstate highways. (3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the boundary adjacent to the Clearview Subdivision and adjoining residential area on the north side of West Ten Road. (4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86 roadway corridor. For properties located within the EDH-1 zoning district, a 50 foot wide buffer is required. 9 Unclear how"scenic views" are defined and how staff is to enforce these two standards(5 and 7).The primary concern is that"Scenic Routes"are defined in the Comp Plan but are not identified throughout the county. Are these routes the reference for enforcement,or is it professional judgment? Orange County, North Carolina—Unified Development Ordinance Page 6-51 Article 6: Development Standards26 Section 6.8: Landscaping, Buffers&Tree Protection (5) Limited breaks in required interstate highway buffers may be allowed in accordance with Section 6.6.4(5). (6) Buffers may consist of existing wooded areas. If existing vegetation is not sufficient for screening, a planted buffer shall be augmented and interspersed, consisting of 50-75% evergreen trees reaching a minimum mature height of 30- feet. (7) In lieu of the Land Use Buffers required in Section 6.8.6, buffers between adjacent land uses, whether internal or external to the project, shall be provided in accordance with the Land Use Buffer Schedule that follows. (8) Trees with a caliper of six inches or greater should be considered for preservation. (9) No grading for building or parking shall encroach upon required buffer. (10) Landscape buffer widths may be reduced if the buffer material is adequate to provide additional screening. (11) Decorative walls may be used to augment required landscaping for buffer reduction. (12) Access and utility crossings are to be made as close to perpendicular as possible to the length of the buffer. (13) No Land-Disturbing Activities for buildings, parking, or storage, drainage, etc. are permitted within a required buffer. Orange County, North Carolina—Unified Development Ordinance Page 6-52 Article 6: Development Standards27 Section 6.8: Landscaping, Buffers&Tree Protection PROVIDESTABLE 6.8. C: LAND USE BUFFER SCHEDULE A B ABUTS THIS EXISTING LAND USE... "A" WHEN THIS LAND USE IS BEING NOTE:"ABUTTING LAND USES INCLUDE THOSE ACROSS A BUFFER WIDTH OF.... DEVELOPED . • FROM PROPOSED Residential, all types N/A Finance 20 Government, Information, Recreation, Retail, Services, 30 Non-Residential Use/Reuse of Historic Buildings Other all other Use Types in Section 5.2 50 Residential, all types Interstate Highway See also Section 6.6.4 100 Arterial Road 30 Collector Road 20 Railroad 40 Transmission Lines 40 Undeveloped Parcel 20 Residential, all types 20 Finance 20 Government, Information, Recreation, Retail, Services, 20 Non-Residential Use/Reuse of Historic Buildings Other all other Use Types in Section 5.2 N/A Finance Interstate Highway See also Section 6.6.4 100 Arterial Road 20 Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Residential, all types 30 Finance 20 Government, Information, Recreation, Retail, Services, 20 Government, Information, Non-Residential Use/Reuse of Historic Buildings Recreation, Retail, Other all other Use Types in Section 5.2 N/A Services, Non-Residential Interstate Highway See also Section 6.6.4 100 Use/Reuse of Historic Arterial Road 20 Buildings Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Residential, all types 40 Finance 20 Government, Information, Recreation, Retail, Services, 40 Non-Residential Use/Reuse of Historic Buildings Other(all other Use Types Other all other Use Types in Section 5.2 N/A in Section 5.2.2) Interstate Highway See also Section 6.6.4 100 Arterial Road 20 Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Note: See Article 10 for the definition of"Transmission Lines." (D) Landscaped Parking Areas In addition to the requirements contained in Sections 6.8.76(D) and H , projects in Economic Development Districts shall require the following: Orange County, North Carolina—Unified Development Ordinance Page 6-53 Article 6: Development Standards28 Section 6.8: Landscaping, Buffers&Tree Protection (1) A continuous poured-in-place concrete curb shall be provided around landscape islands. (2) Where vehicles will extend over landscape islands, such islands shall be increased two and one-half feet in depth by decreasing the length of the parking stall the same distance. (3) When grading a site for parking purposes, runoff from parking areas must be infiltrated through grass lined swales or porous-fill retention areas rather than directing the flow to natural wetlands. (4) Pedestrian ways are to be buffered with intermediate landscape between sidewalks and right-of-way travel lane. (5) Hillsborough EDD (a) When parking lots abut a public or private right-of-way or easement, a 35-foot landscape area is required, except as otherwise specified. (b) Landscaping islands having a minimum area of 1000 sq. ft. (vary by size tree) shall be provided at a minimum interval of every ten parking spaces and at the ends of all rows of parking. (E) Plant Materials In addition to the requirements contained in Section 6.8.5, projects in Economic Development Districts shall require the following: (1) All areas not paved or built upon shall be landscaped with trees, shrubs, and lawns. (2) Large uninterrupted areas of gravel or bark mulch or bare soil are prohibited. (3) Whenever possible, existing vegetation shall be preserved. (4) If existing vegetation is not preserved, no fewer than the number of trees per acre specified in the section, "Plant Size and Distribution," shall be planted, not counting trees planted in parking lot islands smaller than 500 square feet. (a) "Large"trees are those referred to as "Canopy Trees" and/or"Evergreen Trees" in Section 6.8.5. (b) "Small'trees are those referred to as "Deciduous Understory Trees" and/or"Evergreen Understory Trees" in Section 6.8.5. (5) All irrigation systems are to be below ground, fully automated systems in compliance with all applicable building code requirements. (6) All backflow control devices are to be located or screened so that they are not visible from streets, parking lot or pedestrian areas. (7) Along utility rights-of-way, planting must not disrupt service or access to overhead or underground equipment. Orange County, North Carolina—Unified Development Ordinance Page 6-54 Article 6: Development Standards29 Section 6.8: Landscaping, Buffers&Tree Protection FW TABLE 6.8. E.1: :- DISTRIBUTIONTHE NUMBER AND OF . By SIZE,IS As FOLLOWS TREES PER ACRE OF PERCENT OF • OF USE CATEGORY UNOBSTRUCTED OPEN SPACE TREES LARGE SMALL LARGE SMALL Residential: • Single-family, Two-family N/A N/A N/A N/A • Multi-family N/A N/A N/A N/A Accommodations& Food Service 39 15 70% 30% Administrative&Support Services 24 52 30% 70% Arts, Entertainment&Recreation 51 23 70% 30% Construction 51 23 70% 30% Educational Services 24 52 30% 70% Finance& Insurance 24 52 30% 70% Health Care&Social Assistance 24 52 30% 70% Information 24 52 30% 70% Management of Companies&Enterprises 51 23 70% 30% Profession, Scientific&Technical Services 51 23 70% 30% Public Administration 24 52 30% 70% Real Estate, Rental &Leasing 51 23 70% 30% Retail Trade 39 15 70% 30% Transportation&Warehousing 64 26 70% 30% Utilities 20 10 70% 30% Wholesale Trade j 64 26 70% 30% "Unobstructed Open Space"includes all areas not covered by buildings, parking lots, driveways, sidewalks, and other impervious surfaces. Parking lot islands may be counted as unobstructed open space if they are at least 500 square feet in area. 6 TABLE 6.8. E.2: BUCKHORN AND ENO EDD PLANT SIZE AND • • OL." TREES PER ACRE F PERCENT OF DISTRIBUTION OF USE CATEGORY UNOBSTRUCTED OPEN SPACE TREES LARGE SMALL LARGE SMALL Industrial 20 10 70% 30% Distribution 64 26 70% 30% Flex Space 23 20 55% 45% Office 51 23 70% 30% Retail 39 15 70% 30% Service 24 52 30% 70% "Unobstructed open space"includes all areas not covered by buildings, parking lots, driveways,sidewalks,and other impervious surface. Parking lot islands may be counted as unobstructed open space if they are at least 500 square feet in area. Orange County, North Carolina—Unified Development Ordinance Page 6-55 Attachment 1 1 30 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 text related to Landscaping and Buffering standards. The Planning Board hereby recommends approval of the proposed text amendment and issues this Statement of Consistency pursuant to NCGS § 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, 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 principles and goals in the plan: a. Planning Principle 8: Future growth and development should occur in a manner that preserves and enhances the existing character of the County, its townships, and rural crossroads communities. b. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. c. Natural & Cultural Systems Goal 7: A balanced and healthy diversity of native plant and animal populations. d. Natural & Cultural Systems Objective NA-l: Conserve high-priority natural areas and wildlife habitats, including wetlands, rivers and streams, floodplains, steep slopes,prime forests, wildlife corridors, and other critical habitats. 4. The amendment is consistent with these principles and goals because implementation will result in clarification and streamlining of the UDO text while continuing to provide for the installation and maintenance of new vegetation and other landscape architectural features, as intended in Section 6.8.1 (Purpose and Intent of the Landscaping, Buffers & Tree Protection section) of the UDO. 5. The amendment is reasonable and in the public interest because it addresses overly complex text, improves interpretation and application for both staff and applicants, and resolves concerns addressed in Arter v. Orange County. The Planning Board hereby adopts this Statement of Approval and Consistency and the findings expressed herein. N" 64 1z Adam Beeman, Chair Date 31 DRAFT EXCERPT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 SEPTEMBER 4,2024 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), 7 Cheeks Township Representative; Statler Gilfillen, Eno Township Representative; Charity Kirk,At- 8 Large Representative; Chris Johnston, Hillsborough Township Representative;Whitney Watson, 9 At-Large Representative; Marilyn Carter,At-Large Representative; Delores Bailey,At-Large 10 Representative; Liz Kalies, Chapel Hill Township Representative; Beth Bronson,At-Large 11 Representative. 12 13 MEMBERS ABSENT: Steve Kaufmann, Bingham Township Representative. 14 15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Deputy Director—Long Range Planning 16 &Administration; Tom Altieri, Senior Planner—Long Range Planning&Administration;Jack 17 Moran, Planning Technician. 18 19 OTHERS PRESENT: None. 20 21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 The meeting began at 7:00 PM. 23 24 ***************************** 25 26 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—Landscaping Standards— 27 To review and make a recommendation to the BOCC on Planning Director-initiated amendments to the LIDO 28 pertaining to landscaping standards. This amendment was reviewed at the April 3, 2024, ORC meeting and is 29 scheduled for BOCC public hearing in October. 30 Perdita Holtz: Landscaping amendments for the unified development ordinance. Before us tonight is a packet of 31 proposed amendments to the unified development ordinance pertaining to landscaping. The 32 purpose of the amendments is to clarify language, some of the language that's currently in there 33 can be difficult to interpret or enforce;to incorporate current best practices and standards; to 34 resolve some concerns that were addressed in a lawsuit that the county was involved in; and to 35 hopefully have better achievement of county goals. You may recall that this was presented at the 36 April 3rd ORC meeting. It has been a little while ago since then, so I am going to walk you 37 through with a bit more detail than we might have done had this been last month and it was more 38 fresh in your heads. There are minor updates in Articles 3 and 5. Basically, these are just section 39 reference updates and an update to the type of buffer. The meat of the amendments, if you will, is 40 going to be in Section 6.8,which is landscaping, buffers, and tree protections. Several of the 41 proposed amendments in the packets do have footnotes to explain the rationale, so I hope you're 42 able to take a look at those. First up in Section 8.2,we are looking to clarify that exempt and 43 expedited subdivisions are not subject to the standards. This is not a change; it's to clarify the 44 language so that it is more clear to everybody reading that exempt and expedited subdivisions do 45 not have to conform to the standards in Section 6.8. In Section 6.8.4,we're looking at some 46 language refinement for improved enforcement through the plat or plan review, and then we're 47 also looking at adding some standards for tree protection fencing. This is the fencing that you 48 often see on construction sites around trees-it's usually orange-to help protect trees during 49 construction. In Section 6.8.5,we're looking to clarify standards and also incorporate best 50 practices to modernize some of the language, and there is also a relocation of standards from a 51 different section that have been relocated into this section to hopefully flow a little better and make 52 a little bit more sense on where they're located. In the landscape buffer section,we're looking to 53 refine language to better distinguish the purpose and placement of these required buffers between 54 different land uses, also amending a table to exclusively focus on buffering between different 32 DRAFT EXCERPT 55 zoning districts, and then amending a table that would eliminate one of the type of buffers, Type 56 C,which is currently required in only four instances. There is also a creation of a table, street 57 trees and planting requirements,to require buffering on public and private streets, and this table is 58 one that the amendments of the table that I just spoke of, it took streets out of it and made it its 59 own separate table. I do want to point out on this one that I discovered an error in the numbering, 60 and you'll see here on the screen that it's 6.8.7.D is crossed out. The correct numbering is 61 6.8.6.H, and in your motion, if you could please address that, and I am going to remind you of that 62 as well. In screening,we're seeking to clarify that the purpose and application of screening 63 standards is to obscure foundations and equipment of multi-family or non-residential structures 64 from public view. And then the landscape and tree preservation plan section clarifies when the 65 plan is needed and the format of that plan. And then finally in the section dealing with additional 66 standards for the economic development districts,we're proposing to eliminate the standards that 67 refer to scenic views,which is an undefined term in the LIDO, and it's effectively unenforceable 68 during review processes. So, as is contained in the abstract,the planning director's 69 recommendation is for approval of the statement of consistency, and also the text amendments 70 that are in Attachment 2. And the recommendation for tonight is to review and discuss the 71 proposed amendments, consider the planning director's recommendation, and then make a 72 recommendation to the Board of County Commissioners on the statement of approval and 73 consistency in Attachment 1 and the proposed ordinance and LIDO text amendments in 74 Attachment 2, hopefully in time for the October 1 st BOCC meeting. And, once again,when 75 making the motion, if we can address the table identified on Page 40 of the packet needs to be 76 labeled differently. That would be great. 77 78 Statler Gilfillen: This may be just my understanding of the language. On Page 6-39, Item No. 5, "Landscaping 79 shall not be located in any portion of public or private drainage or utility easement." Now, does 80 that mean no grass or any growing materials in those areas. My understanding of landscaping 81 would include grass, so I'm not sure it makes sense to me. 82 83 Perdita Holtz: Well, the landscaping doesn't exactly include grass. The landscaping that's talked about 84 throughout this section is about shrubs and trees, not grass. 85 86 Cy Stober: I would refer to the materials identified in the tables that describe A, B, C, now E and F type 87 buffers. 88 89 Statler Gilfillen: As I read through it, it's a language issue of making sure that I understood what was acceptable. 90 The second question on 6-46,where it refers to foundation plantings in the 5-foot landscape area, 91 my experience is that when you're planting landscaping within the first 2 or 3 feet of a foundation, 92 unless you're very careful,that can conflict long term between the landscaping and the building. 93 I've dealt with that many times, and I don't know if there's anything in there that refers to that. 94 When I was doing some checking online with other recommendation from organizations, the 95 agriculture urban forestry group made some references that seemed much more clear and 96 definitive following what I've just said here, about how close you should be to a foundation of a 97 building. 98 99 Perdita Holtz: Okay, so are you suggesting that the current standard of having a 5-foot landscaped area around 100 the perimeter should be more? 101 102 Statler Gilfillen: Possibly a little wider, and possibly it should at least allow a couple of feet out from the foundation. 103 104 Perdita Holtz: Okay. If you want to, if the board wants to make that recommendation,you're welcome to work 105 that into your motion. 106 107 Adam Beeman: I think item No. 2, it's not possible to plant, you can put planters and other such things to block the 108 view, so that gives you an out right there. 109 33 DRAFT EXCERPT 110 Statler Gilfillen: I'm not sure that it may or may not be covered in the language, but as I'm reading it, it's a little 111 confusing to me. 112 113 Perdita Holtz: It's about having some bushes and shrubs, not having trees, in that 5-foot area. 114 115 Charity Kirk: How would you change it, Statler? How would you suggest? 116 117 Statler GiIfillen: I'm not sure at this point. That's the problem. I'm just sitting down and discussing. 118 119 Beth Bronson: I mean,there's an exception. 120 121 Statler GiIfillen: With perhaps a better use of the language. I can give you a specific example. At the location that 122 I'm at, the farmhouse, they planted Burford Hollies in the'40s, and they were planted very close to 123 the foundation of the porch and along with other plants right there. The amount of pruning and the 124 root system that goes down to the foundations is a problem around the building. 125 126 Charity Kirk: Would you suggest a minimum distance away from the foundation? 127 128 Adam Beeman The roots are going to chase to the building. That's the problem. 129 130 Charity Kirk: I'm just trying to narrow down what the suggestion is. 131 132 Statler GiIfillen: The issue I am raising is that the way the language is written, it's ambiguous. I'm not sure that 1 133 have an exact solution to tell you tonight what that language should be. 134 135 Beth Bronson: Are you specifically referring to a minimum of 5-foot landscape area? 136 137 Statler GiIfillen: No. It could be wider,from my experience. 138 139 Beth Bronson: I'm asking is that the verbiage. 140 141 Statler GiIfillen: It's because it's up against the foundation. 142 143 Adam Beeman: That's the whole problem. And I'm on the page of Statler. I completely don't like anything planted 144 up against the foundation because when you work on a house, and the place is buried in bushes, 145 and you're bringing insects and all those other things in,that's a whole different argument, like 146 completely get rid of it. But I'm not at that argument, but that's what I think Statler's trying to say is 147 that he's not for planting something up against the building. 148 149 Perdita Holtz: The 5-foot-wide landscape is 5 foot from the building to let's just say the sidewalk for lack of a 150 better term. Now,you're getting into where a shrub should be planted within that 5 foot space, 151 because if somebody were to plant it 1 foot from the sidewalk, then it would be 4 feet from the 152 foundation. 153 154 Statler GiIfillen: The 5 foot is fine, but it should start 2 feet out from the foundation. You should not be putting 155 plants immediately at the foundation, as this language seems to allow. That's the issue. 156 157 Cy Stober: I suppose it could be interpreted in that very kind of heavy-handed way, but my interpretation and 158 what the intention is—and if it's unclear,we can clarify that—is that it can be 5 feet away from that 159 foundation. The intent is to screen it from view from the right of way. So, it can be 50 feet away, 160 theoretically. That's not going to be very useful, but I think,to your point, if the root zone is going 161 into the foundation,then the plantings will die, and we will then be able to issue a notice of 162 violation and require compliance with this landscaping requirement for non-residential structures. 163 So,we do have recourse should someone inappropriately plant them too close to the building. I 164 share your concern, but I believe that the intention of myself, at least—I can't speak for all the 34 DRAFT EXCERPT 165 staff—is that they would be placed at reasonable distance away from the foundation to survive. 166 Because survival and growth is the purpose. Screening is the purpose. 167 168 Lamar Proctor: It's a minimum of 5 feet from the foundation, right? 169 170 Cy Stober: Yes. 171 172 Statler Gilfillen: You could put a tree almost, a 4-foot tree almost right on the foundation, and that is structurally 173 not good for the foundation. I have a shed with an ash tree that is cracking a foundation right now. 174 175 Beth Bronson: But these are non-residential development standards, correct? 176 177 Perdita Holtz: They are. This is an existing standard. The red is the new stuff. 178 179 Charity Kirk: I mean, I do think when I was talking to Patrick about this a long time ago, he was trying to clarify 180 this for a certain amount of non-landscapers out there,well, some portion of it. So, for the non- 181 landscapers that don't understand having a little bit more clarity about a minimum distance away 182 from the building foundation might be, I think, I would agree that that would probably be helpful. 183 184 Perdita Holtz: People have to submit the plan of how they're going to plant, and during staff review, I think that 185 things like that could be caught if they're saying that they're going to plant their holly bush a foot 186 from the foundation. 187 188 Charity Kirk: Yeah, it could, but it might not be caught, too, and it would be easier for people to have something 189 in writing. 190 191 Statler Gilfillen: When a plant is very small, it's very common just to put it right up against the foundation. 192 193 Perdita Holtz: I believe you should work it into your motion if you want to make this change. 194 195 Charity Kirk: So, Statler,what is the minimum distance from the foundation that you would suggest? 196 197 Statler Gilfillen: Typically, it's enough so you can walk behind, between the plant and the foundation,which is 198 about 2 feet. 199 200 Charity Kirk: So, a minimum of 2 feet. 201 202 Statler Gilfillen: Minimum of 2 feet, and then 5 or 6 feet of planting beyond that should be acceptable to control it. 203 204 Beth Bronson: Yeah, and again, I think that we're taking this as a very literal thing, and to add it to the motion is 205 going to maybe clarify, but it may actually make it more confusing,too. In that sense, it's about 206 non-commercial buildings. It's that you can't see the dirty foot from where the dirt is after they're 207 done building, and then you don't see the corners of the building going into the ground. That's my 208 understanding of what the intention here is, is that you don't just have a bar building going around. 209 Now,that said,to previously points, that could be 10, 15 feet away from the foundation because, 210 typically, some non-commercial buildings are not going to be right up on the sidewalk or within 5 211 feet of the right of way. And in something like a more dense urban area, like a municipality, 1 212 could see that development standard being different or there being exceptions to that, such as 213 Part 2. 214 215 Marilyn Carter: Is there going to be a motion made? Because I have a different question I'd like to pose, 216 completely different subject. 217 218 Adam Beeman: No,we're not in motion section yet. We got a ways to go. 219 35 DRAFT EXCERPT 220 Charity Kirk: So,would tacking on a sentence, so vegetation of varying heights and textures shall be placed 221 along walls and fences to soften the planes. Landscaping should be planted a minimum of 2 feet 222 from the foundation. Like just tag that on at the end? 223 224 Perdita Holtz: I would suggest doing a Sub A and just saying something like landscaping should be planted at 225 least 2 feet from the foundation. 226 227 Marilyn Carter: Different topic and a very broad question. Perdita, you mentioned that these changes are not 228 applying to exempt or expedited subdivisions. I think I know at least one of those types, but could 229 you reprise for us what are those exempt or expedited subdivision types? 230 231 Perdita Holtz: The exempt subdivisions that you're going to be most familiar with are the ones that have at least 232 10-acre lots. Expedited are, Cy, can you help me there. 233 234 Cy Stober: Expedited are set forth in statute. They have a 6-point test, but the most important one is that you 235 have no more than 2 acres that result—no,wait,that's exempt. You have no more than 5 acres 236 that results in three lots, no new right of ways dedicated, and that that has not been done in the 237 last 10 years and that the lots comply with our ordinance otherwise. They are a frequent 238 subdivision tool of someone with, say, 10 acres or less than 20 who can't use the exempt avenue 239 to create three new lots. And, by design,the statute's very clear that we are to use a light touch 240 other than ensuring that there is road access to those new lots,that we're not to be imposing our 241 development standards upon those new properties. 242 243 Whitney Watson: Perdita, could we go back to this, the 5-foot buffer? My question is did building code or fire 244 marshal have any opportunity to review this? Because I know that there was, right after we 245 moved back to North Carolina, there was a number of newspaper articles about landscaping, 246 particularly with pine straw that went right up to the foundation of a house, and they were like no, 247 no, no, don't do that. This sounds like it's permitted, and maybe fire safety would want to say, let's 248 move landscaping away from the foundation of the house a certain amount. The other question 1 249 had was when our house was placed, the contractor was very pointed in saying,yes,the ground 250 must slope away from the house on all sides for, I believe, 5 or 6 feet,which has provided some 251 problems because 5 feet out puts it at the bottom of a hill, and so that's where all the water 252 collects in a rainstorm. So, it seems like there might be an opportunity here for building inspectors 253 or code to suggest some way to mesh those two requirements of slope and vegetation planting. 254 255 Perdita Holtz: To answer your first question, the fire marshal is part of the Development Advisory Committee, 256 and that committee did review these amendments, and there was not a comment made about 257 pine straw. I'm not quite sure that something like that would go into a unified development 258 ordinance. That becomes something that then the zoning enforcement officer is enforcing 259 whether you have pine straw or not. And the 5-foot landscape area, it's for non-residential 260 structures. It's not pertaining to residential structures. 261 262 Whitney Watson: Okay, because that's confusing. The example right above this paragraph is a residence. 263 264 Perdita Holtz: Well, and then a new section starts. Section J then starts. That figure right above that is to 265 illustrate between-lot plantings,which is Section 1. And then Section J starts. 266 267 Whitney Watson: I don't see where it says this is for non-residential use. 268 269 Perdita Holtz: If you read, "A minimum of a 5-foot landscape area must be planted around the entire front 270 foundation and sides visible from the public rights of way of non-residential structures to blend the 271 architecture into the site, et cetera. 272 273 Whitney Watson: Okay, sorry. I had covered that with a note. 274 36 DRAFT EXCERPT 275 Perdita Holtz: And I wanted to point out for Adam's benefit. I don't know if you noticed on Page 44 of the packet 276 at the very top,we did add language to try to address as much as we can within a LIDO about 277 allowing for accessibility for maintenance purposes. 278 279 Cy Stober: And, Perdita, if I may, so to Mr.Watson's comment, the state building code still applies. I'm very 280 familiar with essentially the discharge requirement from all downspouts and gutters. Particularly in 281 urban environments,that becomes a real hassle when you have very dense townhomes or single- 282 family homes how you make that happen through micro-grading. So that's going to apply here. 283 And to the point about screening, the building code will still prevail over our ordinance. It's 284 required, and we can't allow violation of the building code,whether it would compromise the 285 foundation or lead to drainage back towards the building, and I don't disagree with you that 286 drainage away can cause different problems, but that building code is intended to preserve the 287 primary building itself. That will all be addressed and layered upon this, and generally speaking, 288 the building code will take precedence and be enforced above our ordinance whenever there's a 289 conflict. 290 291 Whitney Watson: Okay. Thank you. 292 293 Adam Beeman: Go ahead, Statler. 294 295 Statler Gilfillen: Technical question on Page 6-44. As an architect, I've dealt with this constantly. There are two 296 standard measurement systems that some place it has to define which one you're using. It refers 297 to minimum width the first A then 20. 1 assume that that is feet and not metric, but it is not defined; 298 it's just a number. It's a very technical issue, but that's splitting hairs. It says per linear feet. It's 299 just the way it's presented is a little bit confusing when I was reading it. He just pointed out that it 300 is up there. 301 302 Perdita Holtz: Well, it's for linear feet, but when it says minimum width,when the tables say minimum linear feet 303 and we're in America where we use feet and inches and not meters. I feel it's getting a little hair 304 splitty. It's more like an overhaul of the whole section instead of the limited things that we've been 305 authorized to do. 306 307 Statler Gilfillen: I'm only raising it because I have professionally found that sometimes that confusion is not 308 clarified. 309 310 Perdita Holtz: Okay. Duly noted. And if we can rewrite the UDO, it would be wonderful, but right now we can't. 311 312 Charity Kirk: So,would you suggest it say 20 feet and 30 feet, or minimum width and then in parentheses feet? 313 What are you suggesting? 314 315 Statler Gilfillen: That may be already covered, and I missed this. At the top in yellow, it says plant material 316 required per hundred linear feet. That would imply, in a court of law,that it is all measured in 317 footage, in the English system not the metric. 318 319 Charity Kirk: So,you think it's okay? 320 321 Statler Gilfillen: I'm okay with it. Thank you. 322 323 Adam Beeman: Go ahead, Lamar. 324 325 Lamar Proctor: All right. So, looking at Page 34 or 6-38, at the top, Sub 2, "Existing native non-invasive and 326 drought-tolerant trees having a diameter of,"why are we going from 1 foot to 24 inches? 327 37 DRAFT EXCERPT 328 Cy Stober: It's about what is effectively the legacy tree and what we're going to prioritize for preservation. If 329 you feel that's wrongheaded or you'd like to preserve smaller trees,which is what we do today, 330 then that can be part of your motion. 331 332 Charity Kirk: What is the rationale for changing it from 1 to 2 feet? 333 334 Cy Stober: It's very difficult to enforce that narrow,that small of a DBH for us as staff. To get to Perdita's 335 earlier point of going out for the pine straw,for staff to go out and measure 1-foot DBH is a much 336 greater challenge than 2 feet because those are much more obvious. 337 338 Lamar Proctor: My concern on that is just doing some research as to DBH and different types of trees, the DBH 339 has to be factored in with the growth rate of the tree. But just for example, a red maple with a 340 DBH of a foot is a 37-year-old tree, so I mean my concern is, and I understand, now that 1 341 understand the rationale that it's a time-intensive thing for staff, but I think raising that from 1 foot 342 to 2 feet, you're only preserving trees that are like 70 or 80 years old, and you're cutting down 343 trees that are 30 to 50 years old, depending on the tree. The trees have different growth rates, so 344 in terms of preserving native healthy trees that form an integral part of our ecosystem, I would 345 oppose increasing that to 24. 1 would keep it at 1 foot. Or somewhere in between. 346 347 Charity Kirk: Eighteen inches? 348 349 Lamar Proctor: I don't know how much time goes into measuring these things or evaluating in these buffer zones 350 the tree sizes and all that. I mean,just sitting here thinking about it, it does seem a rather labor- 351 intensive process, but I don't know if you can give me some examples. 352 353 Cy Stober: I can. Other than anecdotes of staff of going out to sites and going, oof, okay. So that was the 354 response, and this is a reactive amendment. It's again addressing the enforceability of the 355 ordinance. But to get to look at the consistency with our comprehensive plan,to your point, Mr. 356 Proctor, I could see why there would be other goals and objectives that are in that comp plan that 357 would be underserved by reducing this. So, you're not going to hurt our feelings, but it is a 358 formidable challenge to enforce the 1-foot DBH. 359 360 Charity Kirk: Would 18 inches be easier to enforce? 361 362 Cy Stober: Probably. Just either way we're going to have to get used to a new standard if we change it. 363 There was not a scientific process to this. We did not do a lot of research on this. It sounds like 364 Lamar has done more research than most of my staff, other than perhaps Patrick. 365 366 Lamar Proctor: Well, if y'all name a tree I can tell you how approximately, according to these calculations, how old 367 it is based on 1 foot or a 2 foot. 368 369 Cy Stober: I will also add to this point, if it is a point of concern,while it is a difficult matter to enforce, it is not 370 creating massive headaches for us as staff. It is not a formidable challenge; it is more about the 371 clarity of what a 2-foot DBH tree is versus a 1 foot, and we can move forward in either way. 372 373 Chris Johnston: And to confirm, staff is doing this; it's not the applicant who then goes through and provides these 374 numbers. Correct? 375 376 Cy Stober: In an ideal world, it would be the latter. It is more often than not the staff. 377 378 Chris Johnston: Sure. 379 380 Charity Kirk: Do staff mark the trees that can't be removed? 381 38 DRAFT EXCERPT 382 Cy Stober: So,we would if we have an enforcement matter or if we have a complaint or if we know of existing 383 legacy trees, say, in a zoning matter, or special use matter, that have been identified on the site 384 plan. We had one just recently that was a bizarre geometry and has a number of larger older 385 trees on a commercial property with light warehousing, but the trees overhang all the warehouses. 386 They're right on the property line, et cetera, et cetera. We did indeed go out onto the property and 387 say, okay, they are there. We are good. And we moved on. And they were identified on the site 388 plan, per the ordinance. And if you want credit for them, then you have to identify these, and we 389 will not do that for you. You cannot pay; this is not a stream identification. The county does not 390 have a fee for this. You need to do it yourself. 391 392 Charity Kirk: So,what is the downside of keeping it at 1 foot, again? What's the oof? 393 394 Cy Stober: It's there's more trees. There are more trees that are smaller. 395 396 Charity Kirk: But the developer is supposed to mark them on the map. 397 398 Cy Stober: Yes. 399 400 Charity Kirk: So, what work is needed from the planning department? 401 402 Cy Stober: We trust, but we verify. 403 404 Charity Kirk: And how have you found the verification? How off is it? 405 406 Cy Stober: Again, it's whether it's a full day's work or it's a couple hours work. That's the difference, but it's 407 fine in either way. We will do what the county needs us to do. It is not a major obstacle to land 408 use, and it just is more time intensive to keep it as it is, and that's fine. 409 410 Charity Kirk: And if we allowed it to be 24 inches,what do you see as the onsite effect on the ground? Not of 411 the counting that you have to do but— 412 413 Cy Stober: You'll have greater clearance, and you'll get less credit for tree preservation, so you'll need to 414 preserve more open space in order to get the preservation credit, so you could,we could achieve 415 more open space preservation because we're crediting less. But you could end up with greater 416 clearance as a result because folks may say I just don't want to deal with this, and just I'm going to 417 clear it and replant. You could go either way. 418 419 Marilyn Carter: Given our climate action plan has explicitly set some goals for planting trees in different parts of 420 the county, I would support maintaining it as it is and the point that Lamar brought up. 421 422 Chris Johnston: And I apologize; I've read this. So, in that same one, No. 8 there, I'm just having a hard time 423 understanding and I need clarity. So, if the vegetation is removed from any reason other than in 424 accordance with the approved landscape and tree preservation plan, the dimensions of the buffer 425 within the impacted area shall be increased by 50 percent, and the number of required plantings 426 shall be increased by 50 percent. I want to better understand, "The number of required plantings 427 shall be increased by 50 percent." Where is that? Is that within the entire parcel? Is that within 428 that particular impacted area? Like is that tied in with that? I just want to better understand what 429 that means,just as a layman. 430 431 Cy Stober: The current interpretation is that it is in the impacted area and immediately adjacent areas. 432 Particularly in the regulated area. 433 434 Chris Johnston: So,within that regulated area,within that impacted area, not only are we increasing the size by 50 435 percent, but we're also increasing the number of plantings by 50 percent. 436 39 DRAFT EXCERPT 437 Cy Stober: More the latter. We don't increase, say, if you have a 65-foot stream buffer,we don't add 50 438 percent to that stream buffer width. And we add 50 percent more plantings, and we have to also 439 ensure that the drip lines are protected, so we frequently do exceed the buffer width, but the 440 geometry is more about, or the math is more about, replanting at 50 percent greater than what 441 was cleared. 442 443 Chris Johnston: That might be my confusion point then. "The dimensions of the buffer within the impacted area 444 shall be increased by 50 percent,"sounds like a size increase. Is that a misinterpretation? 1 445 apologize. Again, this isn't my forte here. 446 447 Cy Stober: I don't think it's a misinterpretation. It's not how it's being interpreted by staff today. I think there's 448 ambiguity there. I could read it either way. 449 450 Chris Johnston: Okay. 451 452 Cy Stober: And,frankly, I welcome that ambiguity because it allows us to find different remedies to sticky 453 situations. 454 455 Chris Johnston: Yeah, and I guess that was going to be my next point, at some level,we want to apply as quickly 456 as possible the exact terminologies and the exact definitions or whatever, but in doing so, that 457 does limit a little bit of the staff wiggle room in terms of interpreting X, Y, and Z. I always struggle 458 with this balance of we want to nail it down so that there's not wiggle room on the things that we 459 truly do care about, like the width or whatever the case may be. But at the same time,we want to 460 not make it that everything has to be so prescriptive that it has to be listed out here. Not to pile on 461 about pine straw and things of that nature. I'm just trying to thread that needle. 462 463 Statler Gilfillen: The third point would be that the law often can be written to promote helping people to know what 464 the right way is to do it. 465 466 Chris Johnston: Right. 467 468 Statler Gilfillen: And I'm reading this, and that's a lot of what this is trying to give is guidelines. If somebody is a 469 novice at this, if we give some good guidelines in here, then the staff has some flexibility to work 470 with that person,we end up with a better solution for all of us. 471 472 Chris Johnston: And then so coming back to the splitting hairs thing, as much as possible,we're trying to make this 473 consistent so that there's not the confusion or whatever the case may be. It's frustrating because 474 then we go in and we're fine-tooth combing it or whatever the case is, but who the audience is for 475 this document, you guys deal with the commercial side of things and all the big-time developers. 476 And I think their Statler's point, it sounds like this is also a document for everybody and making 477 sure that it's consistent and readable for people like me who go through and see extending area 478 and think, oh,that means this or that. Just trying to nail that down. 479 480 Charity Kirk: So, what do we think about tree diameter? 481 482 Chris Johnston: I think we need to have a proposed vote on that, and then that'll shake it out. 483 484 Charity Kirk: What are we voting on, 1 foot, 18 inches, 24 inches? 485 486 Lamar Proctor: I would make a motion to keep it at a foot. Just based on my research and looking at different tree 487 species, you're getting into at least 35-50-year-old trees at a foot, and then if it's 24 inches, then 488 you're talking some trees are like 80, 90 years old at that point. 489 490 Charity Kirk: All right. I will add it to my amendment list. 491 40 DRAFT EXCERPT 492 Adam Beeman: Is everybody else on board with keeping it at 1 foot, I guess before we go ahead and put a motion 493 on it, let's see if everybody is in agreement. Is there any objection to that? 494 495 Marilyn Carter: No objection. 496 497 Beth Bronson: No objection, as long as we're referring to these non-residential areas. 498 499 Perdita Holtz: It has nothing to do with non-residential. It's everything in this section. So, to be clear,we're 500 looking at Page 34 of the agenda packet. Near the top,that would stay 1 foot, and then you're 501 also looking at Page 35, No. 8 to change that 24 inches to 12 inches. 502 503 Lamar Proctor: Correct. I think those are the only two areas where tree width is mentioned. 504 505 Adam Beeman: So, everybody's on board with 1 foot? 506 507 Charity Kirk: I vote yes. 508 509 Lamar Proctor: And, obviously, this still goes to the county commissioners,where they'll discuss it and you'll 510 highlight the changes that we recommended versus what staff initiated. 511 512 Perdita Holtz: And we,from what Cy said, it seems like we're just going to go with what the planning board is 513 recommending on this. We're not necessarily going to highlight what we presented and what you 514 all changed if we agree with it. That's not what the county commissioners want to hear at their 515 meetings. We're just going to say this is the amendment packet. The planning board has 516 recommended whatever you've recommended. 517 518 Lamar Proctor: And to be honest with you, when I read through it,that was the only thing that stuck out to me that 519 I felt like I needed to comment on and do further research on. 520 521 Perdita Holtz: Yeah. I'm not going to point out that the table was mislabeled in the planning board packet. You 522 know what I mean? 523 524 Lamar Proctor: Right. I understand. 525 526 Statler GiIfillen: I hope you can laugh at this next question, but the diameter at breast height, is that based on the 527 human breast height from the ground? 528 529 Perdita Holtz: So that is actually defined in the definitions,which I do not have in front of me, but as I recall, it 530 might be 5 feet from the ground level. 531 532 Statler GiIfillen: Okay, there is a definition of what that height is then. 533 534 Perdita Holtz: There is, yes. 535 536 Adam Beeman: So,we're just going to go to a little side vote. Charity had a motion to approve Lamar's 1 foot. Do 537 1 have a second for that? I just want to get everybody's opinion. 538 539 Beth Bronson: There's a consensus. 540 541 Adam Beeman: Yeah, I just want to get everybody on board saying that we're all agreeing on that 1 foot, so we'll 542 make that change;we're all in agreement. 543 544 Statler GiIfillen: I'll second it. 545 546 Adam Beeman: Okay. All in favor of it? Okay. 41 DRAFT EXCERPT 547 548 Beth Bronson: Yes. 549 550 Adam Beeman: Okay. We're all in favor. Great. 551 552 Charity Kirk: Can we talk about the foundation plantings then? Like foundation plantings, Page 6-46,one, 553 we're going to add an "A"stating landscaping should be planted a minimum 2 feet from the 554 foundation. 555 556 Perdita Holtz: Also, I wanted to say that it should say"shall be planted"because our attorney's office is very 557 diligent about not having discretionary language added to the UDO more than it already is. I know 558 there are plenty of examples in there, but they don't want to see more, so if it's not a standard, 559 don't put it in the LIDO. That's what they're telling us. 560 561 Lamar Proctor: Can I ask one question about that real quick? So,y'all have a lot more experience in dealing with 562 the best practices in what actually ends up on a site plan. So, in that regard for the 5 feet,what do 563 you see? Do you see most site plans it's clear that they are taking all that into account and they're 564 using best practices in putting these plantings in their locations? 565 566 Perdita Holtz: Yes. I mean, we don't have a whole lot of non-residential structures going in, in Orange County, 567 and normally when it's a commercial building going in, those people are working with a 568 professional landscape architect to do some of their plans and such. 569 570 Lamar Proctor: Thank you. 571 572 Beth Bronson: I will say that that was my only comment was that I don't see a lot of enforcement with the non- 573 residential. And what I see with the non-residential is, yeah,they may say that they're using a 574 local company or that they're using a professional landscaper, but the quality of their plants are 575 not in any way meeting the needs of these standards, and you see a lot of death of those buffer 576 plants within the first year, 2 years. I'm not saying that they're going to be replaced, or I'm not 577 saying that they're not going to be replaced, but I will say that watching non-residential,which is 578 normally larger parcels,try to adhere to these landscaping development standards, it really shows 579 what the bare minimum is, I think. Like it just doesn't, they don't look good. And it's not that they 580 don't look good. It's just like they don't look healthy. They don't look well attended. Like they 581 don't look like good specimens to begin with. And I like the idea of adding native and drought 582 resistant. I guess too,this section doesn't really address enforcement. That's the only other thing 583 that I noticed. 584 585 Cy Stober: This is the simplest part of our ordinance to enforce. We can enforce this. We enforce it almost 586 every week. And you can thank your colleague, Ms. Kirk,for all the work she did with our new 587 planting guide, which is enforced by the staff, and you must use if you're doing plantings in 588 Orange County. It is targeted to native, drought-resistant plants, or drought tolerant. And we 589 have shade tolerant. We have sun-loving plants in there. So, depending upon the geometry and 590 the building orientation, you can plant different plants on the property. Thank you very much. We 591 are putting it into action, and this is a very simple part of our ordinance. This may be the simplest 592 part of our ordinance to enforce. 593 594 Beth Bronson: It seems so. 595 596 Cy Stober: But it does take time for them to grow back. 597 598 Charity Kirk: Going back to this foundation planting addition, are we okay with it? Landscaping shall be planted 599 a minimum of 2 feet from the foundation. 600 601 Statler Gilfillen: I think it should be no closer than 2 feet to the foundation. 42 DRAFT EXCERPT 602 603 Charity Kirk: A minimum of 2 feet from the foundation. 604 605 Statler Gilfillen: Whatever legally works. 606 607 Lamar Proctor: I think that language works. 608 609 Statler Gilfillen: Great. 610 611 Charity Kirk: Okay, so we have those two changes. Any other changes? 612 613 Perdita Holtz: The table numbering. 614 615 Charity Kirk: Should I try and make the recommendation. 616 617 Chris Johnston: You got this. 618 619 Charity Kirk: I make a motion to approve the statement of approval and consistency,Attachment 1, and the 620 proposed ordinance and UDO text amendments,Attachment 2,with the following changes. 621 6.8.4.B.2 changes from 24 inches or greater diameter to 12 inches. 6.8.5.A.8 also changes to 622 greater than 12 inches diameter from 24 inches. Section 6.8.6.J Foundation Plantings shall add 623 Item (a) under Item No. 1, being landscaping shall be planted a minimum of 2 feet from the 624 foundation. And then the table which was 6.8.6.H should be relabeled. 625 626 Perdita Holtz: The table's that's currently 6.8.7D should be relabeled 6.8.6H. 627 628 Charity Kirk: What she said: 6.8.7.D should be relabeled 6.8.6.H. 629 630 Adam Beeman: Do I have a second? 631 632 Beth Bronson: I second that motion. 633 634 Adam Beeman: All in favor? 635 636 Whitney Watson: Oh, do we have a second? 637 638 Adam Beeman: Yes, Beth seconded. 639 640 MOTION BY Charity Kirk to approve the statement of approval and consistency with amendments. Seconded by Beth 641 Bronson. 642 643 MOTION PASSED UNANIMOUSLY 644 645 ************************************