Minutes 02-28-2011 - Laserfiche WebLink

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WHEREAS, nonetheless, with the incorporation of existing ordinances into the new UDO, important changes have been introduced in the new UDO, so that certain aspects remain unclear as the document is 800 pages and is not quickly understood; and WHEREAS, the major concerns about the proposed Unified Development Ordinance (UDO) are focused on revisions that appear to change the regulatory approach and the uses which were established in the original ordinances, in ways that are not in concert with the provisions of the Rural Buffer and other sections of the Joint Planning Agreement; and WHEREAS, it is important to understand these major changes to the UDO, because they could have an unintended effect on the way development occurs in Orange County; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following areas have been identified as of particular concern to the Chapel Hill Town Council: (1) Concerns related to "Conditional District" (CD) This "floating zoning district" is a new construct for Orange County and it refers to a district that is not mapped until a rezoning application is approved. This new CD district replaces the Planned Development District in the current zoning ordinance. However, the wording for the new CD district leaves out important text from the original ordinance which specifically ties any CD rezoning to conformance with the underlying Comprehensive Plan, including the land use categories in that plan. What is missing, for example, is language utilized in the original ordinance that explicitly refers to protecting the character of surrounding neighborhoods. In the UDO there are two kinds of Conditional Districts proposed: "Conditional Use Districts" and "Conditional Zoning Districts." The language for the Conditional Use District states that, except for 31 exclusions, any use permitted in the Table of Permitted Uses can go almost anywhere in Orange County's planning jurisdiction. With respect to Conditional Zoning Districts, these floating zoning districts can be placed in any of the general use zoning districts, according to the regulations associated with each district. Also, in contrast to the original Orange County zoning ordinance, no special use permit is required, thus eliminating the need for a quasi-judicial process with a decision based on competent, substantial evidence presented at a public hearing. (2) Concerns related to the Rural Buffer and the Joint Planning Agreement Some of the proposed new language in the UDO changes essential features of the Rural Buffer (RB). The original language in the existing ordinance specifies that development in the Rural Buffer is for low densities and relies on ground absorption systems for sewage disposal. However, one of the proposed new development standards for the RB district would substitute the term "wastewater treatment facility" and use that term instead of the term "ground absorption systems," for approved Conditional Districts. The definition of a wastewater treatment facility includes a system that discharges to surface waters, and indeed any other system as may be permitted by the Health Department or the State of North Carolina. That is a significant difference, and the original language should be restored. Conditional Districts should not be allowed in the Rural Buffer. Instead they should only be placed in the Economic Development Districts and other areas with specifically identified land