Agenda 5-a - Unified Development Ordinance Text Amendment - Flags and Flagpoles

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UDO Amendment Outline Form contained within Attachment 1 and to the pertinent agenda materials and information via the following links: • March 20, 2018 BOCC regular meeting agenda materials can be viewed at: http://server3.co.orange.nc.us:8088/WebLink8/DocView.aspx?id=51820&dbid=0. • March 20, 2018 BOCC regular meeting minutes can be viewed at: http://server3.co.orange.nc.us:8088/WebLink8/0/doc/52122/Page1.aspx • April 4, 2018 Ordinance Review Committee (ORC) agenda materials and can be viewed at: http://cms3.revize.com/revize/orangecounty/ORCAgendaPacket.pdf. • April 4, 2018 Planning Board agenda materials can be viewed at: http://cms3.revize.com/revize/orangecounty/PlanningBoardAgendaPacket.pdf. An amendment fact sheet (Attachment 6) has been prepared providing answers to basic question(s) associated with this proposal. If the amendment is adopted, Planning staff will be required to physically document all flags and flagpoles on property within the County’s planning jurisdiction. This is to establish a baseline for what is existing within the County and identify potential violation(s) of size and height regulation(s). Please note staff will not have the authority to go onto private property to document the presence of a flag or flagpole. Pictures will be taken from public/private rights-of-way. Further this is the first step in the documentation process. Staff will have the burden of proving a flagpole exceeds established height restrictions or a flag exceeds allowable area in order to initiate enforcement action at the appropriate time. Planning Director’s Recommendation: The Planning Director recommends approval of the proposed text amendments, including the: i. Statement of Consistency contained in Attachment 3, which indicates the proposed text amendments are consistent with the adopted Comprehensive Plan, are reasonable, and are in the public interest, and ii. The text amendment as contained in Attachment 4. Planning Board Recommendation: At its April 4, 2018 meeting, the Board voted unanimously to recommend approval of the Statement of Consistency and the UDO amendment package. Draft minutes and the signed Statement of Consistency from this meeting are included in Attachment 2. Pursuant to a request by the Chair, the County Attorney and Planning staff prepared an additional document, Attachment 7, with recommendations from the County Attorney to reduce the required setback to 20 feet and to designate a maximum allowable height rather than having an allowable height either a set number of feet or the height of a building on the lot. Reducing the setback would allow the County’s smallest allowable lots of 50 feet to erect flagpoles. Allowing for a single height limit for flagpoles in the residential and commercial zoning districts will provide a measure of uniformity for flagpole height throughout the County. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement for the text amendment will be paid from FY2017-18 Departmental funds budgeted for this purpose. 2