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Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments – “160D” Legislation
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Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments – “160D” Legislation
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5/4/2021
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5-b
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2 <br /> General Assembly amended the statutes to allow for "Conditional Zoning Districts" <br /> which, arguably, negated the need for CUDs. (As a note, "conditional zoning districts" <br /> are now called "conditional districts" as a result of the terms used in NCGS Chapter <br /> 160D.) <br /> oStaff proposes to add two new Conditional Districts to the UDO to replace the <br /> CUD — a residential conditional district (R-CD) and a non-residential conditional <br /> district (NR-CD). <br /> oElimination of the CUD will result in a reorganization of how major subdivisions are <br /> defined in Article 7 and the review process followed, but the review and <br /> approving staff/boards remain the same. <br /> • Having just one class of Special Use Permit (SUP) and having SUPs heard and decided <br /> upon only by the Board of Adjustment (BOA) as the BOA is best suited to conduct <br /> quasi-judicial matters. <br /> oThere are currently Class A and Class B SUP uses. Class A uses are heard by the <br /> Board of County Commissioners (with a recommendation by the Planning <br /> Board) and Class B uses are heard by the BOA. <br /> olnstead of having the BOCC conducting quasi-judicial matters, uses that currently <br /> require a Class A SUP would instead be approved via new conditional districts, <br /> which are legislative decisions. The BOCC would still be the decision-maker for <br /> these uses, with review and recommendation by the Planning Board, only the <br /> review process is different. <br /> ■ The one exception to this is for "Short Term Rental, Large — Host Occupied" <br /> • Current Class A SUP use in AR & R-1 proposed to remain a SUP <br /> use in these districts. These potential uses are defined as <br /> providing more than three guestrooms for up to one week of rental <br /> or lease. The host-occupied nature of the use does not seem to <br /> warrant discontinuation of an SUP option in the AR & R-1 districts. <br /> Review/decision would change from BOCC to BOA. <br /> • Additionally, could be reviewed via a conditional district which would <br /> be reviewed by the BOCC. (As a note, many uses have more than <br /> one way to be approved, as denoted in the Table of Permitted <br /> Uses [Section 5.2 of UDO]). <br /> oThe draft PowerPoint presentation in Attachment 6 includes charts listing the uses <br /> that currently require Class A and Class B Special Use Permits. <br /> oNote: This is an aspect of the amendments that is not strictly required by Chapter <br /> 160D but is a best practice in North Carolina and recommended by the County's <br /> legal staff. <br /> As noted above, amendments to Appendix F of the Comprehensive Plan and to the Planning <br /> Board's and Board of Adjustment's Rules of Procedure are necessary as a result of the UDO <br /> amendments. The proposed amendments to the Comprehensive Plan are included in <br /> Attachment 2 while the Planning Board's Rules of Procedure amendments are in Attachment 3. <br /> Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the <br /> Towns of Chapel Hill and Carrboro, the amendment package was sent to Town staffs on <br /> February 26. Town of Carrboro planning staff sent the letter in Attachment 5 in late March. <br /> Town staff found no inconsistency with the Joint Planning Land Use Plan. As of the writing of <br /> this abstract, no comments have been received from the Town of Chapel Hill. <br /> Planning Board Recommendation: The Planning Board reviewed this item at its April 7, 2021 <br /> regular meeting and voted unanimously to recommend approval of the amendments. Draft <br /> minutes from the meeting and the signed statement of consistency are included in Attachment 4 <br />
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