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HomeMy WebLinkAboutAgenda - 01-21-2025 ; 12-6 - Information Item - Memorandum – Pending Amendments to the Unified Development Ordinance 1 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECI`IONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1 131 W.Margaret Lane,Hillsborough,NC 27278 1919.245 2575 MEMORANDUM DATE: January 21, 2024 TO: Orange County Board of County Commissioners Travis Myren, Orange County Manager CC: Perdita Holtz, Deputy Director, Long-Range Planning & Administration Patrick Mallett, Deputy Director, Development Services FROM: Cy Stober, Director, Planning and Inspections RE: Pending Amendments to the Unified Development Ordinance The purpose of this Information Item is to provide an update and proposed schedule for pending amendments to the Unified Development Ordinance. Subdivision Amendment At the March 7, 2024, business meeting, Commissioner Greene petitioned the Board for staff to initiate amendments to the UDO to better support the realization of"conservation subdivisions" in Orange County. Preliminary research of the UDO identified Articles 2 and 7 as requiring amendment to better realize conservation subdivision. Language is also being drafted to administratively approve major subdivisions and to streamline the administrative process for conservation subdivisions. This requires comprehensive amendment of Sections 2.9, 2.14, 2.15, 2.16, 5.21, 7.1, 7.2, 7.12, and Article 10 of the U DO. Creating regulations and standards for "conservation subdivisions" (rather than the current "flexible subdivision" standards) that are more explicit in their goals of environmental resource, open space, and agricultural lands protection requires comprehensive amendment of all of Article 7 of the UDO, which is 71 pages long. Upon review, staff also identified outdated language, statutory compliance concerns, and other needs that would assist staff in better administering the subdivision standards on behalf of Orange County. Many of these are directly related to "conservation subdivisions", though many are not. Upon review of subdivision standards in peer NC counties, as well as Loudon County, Virginia, staff concluded that amendment needs will be best served by bundling them in at least two (2) amendments packages. The first will focus on a direct response to the petition to better encourage flexible developments in Orange County, with emphasis on the administrative processes and review criteria of these applications, as well as addressing statutory compliance concerns. 2 A second package of amendments to the subdivision standards will engage the needs for two types of flexible developments in Orange County: "conservation subdivisions" and "agricultural subdivisions", with the former primarily prioritizing environmental protections and the latter primarily prioritizing agricultural lands and protecting them for crop, food, and timber production. Neither new subdivision type would preclude the protection of "open space" for multiple purposes. Necessary to this amendment is the amendment of related matters, namely specific subdivision standards (e.g. private roads) and defined terms. Planning staff is currently in dialogue with staff from DEAPR, Environmental Health, and the Fire Marshal on how to serve these needs and ensure that no compromises are being made to the public interest, welfare, and safety of county residents. Discussions will be scheduled with key environmental and development parties on how an amendment package can best serve the county's needs. All subdivision amendments are necessary for staff to best administer the UDO and achieve the orderly subdivision of land consistent and serve the goals and objectives identifies in the county's adopted plans, with improved conservation subdivision standards prioritized. Telecommunication Facilities In the 2025 budget, the Board of County Commissioners approved $25,000 for a consultant to prepare a comprehensive amendment of the UDO's telecommunication facilities standards, which staff has determined are outdated and not serving the public interest or county needs for wireless communication. A contract was awarded to the Brough Law Firm in June to amend the telecommunications facilities standards in the UDO to modernize them and ensure that they can be interpreted better by both applicants and staff while also supporting the realization of a telecommunications network that can better serve the county's wireless communications needs. These amendments are being review by Planning staff as well as department heads from the county's Asset Management Services, Emergency Services, and Information Technologies departments. The consultant has identified that a wholesale repeal and replacement of the current standards will be simplest to amend the UDO and serve the county's goals. Accordingly, staff anticipate the following calendar for amendment presentation to the Planning Board and BOCC: Amendment Package Ordinance Review Planning Board BOCC Committee Subdivision #1 February April June Subdivision #2 May July September Telecommunications February March May This schedule was affected somewhat by the uncertainty introduced to staff and the consultant by the adoption of NC Session Law 24-57, which limits local governments' abilities to amend zoning regulations that create nonconformities for non-residential properties and districts without property owner consent. Staff intends to present the materials for consideration and will propose actions consistent with State laws. The subdivision amendments are being done at the same time as the drafting of the 2050 Comprehensive Land Use Plan. Staff will ensure that the drafted amendments are consistent with the comments, goals, and objectives recommended by the drafted plan to ensure that they serve the needs of the county upon plan adoption. The telecommunications amendments are largely updates to ensure compliance with state 3 and federal regulations, as well as the most current professional standards of the technology. Any relevant comments will be reflected in this amendment package, but it is very unlikely to be affected by the plan's drafting. Please feel free to contact Cy Stober, Planning Director, with any questions at cstober .orangecountync.gov or 919-245-2592.