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Agenda - 06-04-2024; 5-c - Unified Development Ordinance Text Amendment – Regulatory Reform Compliance & Clarifications
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Agenda - 06-04-2024; 5-c - Unified Development Ordinance Text Amendment – Regulatory Reform Compliance & Clarifications
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BOCC
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6/4/2024
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Business
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Agenda
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5-c
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2 <br /> Statute § 143-214.5(d2); <br /> 4) The current use of the property is nonresidential; <br /> 5) The remaining vegetated buffers on the property are preserved in accordance with Section <br /> 6.13.4 of the Ordinance. <br /> This new standard is proposed as the new Section 4.2.4(A), "Residential Density, Density <br /> Exceedance Allowance". <br /> Accompanying this statutory amendment is one to the Section 6.14 Stormwater standards, <br /> clarifying that only new "built upon area" (aka "impervious surface") must be treated with <br /> Stormwater Control Measures, as required by State and federal laws. The existing "built upon area" <br /> (BUA) does not require stormwater treatment. The developer may elect to treat the existing BUA, <br /> and it may be offered as a condition of approval of a conditional zoning or special use permit <br /> application, but it cannot be required. This additional allowance is reflected primarily in the new <br /> Section 6.14.5(C) "Redevelopment Exemption", as well as subsection 4.2.7(E) "Modifications of the <br /> Impervious Surface Ratio". <br /> In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Agreement, the <br /> proposed amendments were sent to both towns for comment on March 19, 2024. No comments <br /> were received. <br /> Planning Board Recommendation: At its May 1, 2024 meeting, the Board voted unanimously to <br /> recommend approval of the Statement of Consistency and the UDO amendment package. An <br /> excerpt of the draft May 1, 2024 Planning Board minutes and the Planning Board's signed <br /> Statement of Consistency are provided at Attachment 3. Prior to making its recommendation, the <br /> Planning Board reviewed the materials in an "Ordinance Review Committee" meeting on April 3, <br /> 2024. Materials for this meeting are available at: <br /> https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 04032024-1982. <br /> Planning Director's Recommendation: The Planning Director recommends approval of the: <br /> 1. Statement of Approval and Consistency indicating the text amendments are reasonable <br /> and in the public interest, as contained in Attachment 4. <br /> 2. Unified Development Ordinance (UDO) text amendments, as contained in Attachment 5. <br /> FINANCIAL IMPACT: There are no costs associated with this project other than the use of staff <br /> time and the required legal advertisement for the text amendment's public hearing. County staff has <br /> and will continue to accomplish the necessary tasks associated with amending the UDO and the <br /> legal advertisement will be paid from budgeted funds for this purpose. <br /> SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this <br /> item: <br /> • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND <br /> ENVIRONMENTAL POLICIES <br /> The fair treatment and meaningful involvement of people of all races, cultures, incomes and <br /> educational levels with respect to the development and enforcement of environmental laws, <br /> regulations, policies, and decisions. Fair treatment means that no group of people should <br /> bear a disproportionate share of the negative environmental consequences resulting from <br /> industrial, governmental and commercial operations or policies. <br />
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