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HomeMy WebLinkAboutAgenda 01-20-2026; 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 20, 2026 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. Concurrently, commissioner direction and public feedback on the 2050 Land Use Plan effort has required more information on multiple elements of the conservation subdivision (rather than the current "flexible subdivision" standards) approach to protecting open space and valuable farmland and sensitive environmental assets through the subdivision/development process. Accordingly, technical presentations have been made to the BOCC on community septic and well systems as well as the theory and practices of conservation subdivisions from the author of Rural By Design, Randall Arendt. Research of the UDO has identified Articles 2, 7, and 10, minimally, as requiring amendment to better realize conservation subdivision. In 2025, Commissioner Portie-Ascott asked that staff proceed with efforts to amend UDO standards to better enable the administrative approval of major subdivisions and to streamline the administrative process for conservation subdivisions. This requires comprehensive amendment of Articles 2, 3, 7, and 10 of the LIDO, and the current amendment package is 96 pages long. Omnibus Amendment In the 2025 legislative session, the NC General Assembly voted into law over Governor Stein's veto NC Session Law 2025-94 (aka "Regulatory Reform Act of 2025"). Staff has responded to this statutory change by initiating appropriate amendments to the UDO, and taking the opportunity 1) correct some internal reference errors; 2) provide an allowance for existing schools to expand as a legal non-conforming use; 3) eliminate a unique fence 2 setback applied to swimming pools; and 4) eliminate an Erosion Control "waiver" that creates an unnecessary regulatory burden for applicants. At least two of these amendments are responding to commissioner direction to amend small but critical regulations in the UDO. Accordingly, staff anticipate the following calendar for amendment presentation to the Planning Board and BOCC, pending legal review, peer review as required by the Orange County-Chapel Hill-Carrboro Joint Planning Agreement, and Planning Board comments: Amendment Package Ordinance Review Planning Board BOCC Committee Subdivision February March May Omnibus March Aril June Please feel free to contact Cy Stober, Planning Director, with any questions at cstober(a-)orangecountync.gov or 919-245-2592.