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Agenda - 01-21-2025 ; 12-6 - Information Item - Memorandum – Pending Amendments to the Unified Development Ordinance
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Agenda - 01-21-2025 ; 12-6 - Information Item - Memorandum – Pending Amendments to the Unified Development Ordinance
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1/21/2025
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12-6
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Agenda for January 21, 2025 BOCC Meeting
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2 <br /> A second package of amendments to the subdivision standards will engage the needs for <br /> two types of flexible developments in Orange County: "conservation subdivisions" and <br /> "agricultural subdivisions", with the former primarily prioritizing environmental protections <br /> and the latter primarily prioritizing agricultural lands and protecting them for crop, food, <br /> and timber production. Neither new subdivision type would preclude the protection of <br /> "open space" for multiple purposes. Necessary to this amendment is the amendment of <br /> related matters, namely specific subdivision standards (e.g. private roads) and defined <br /> terms. Planning staff is currently in dialogue with staff from DEAPR, Environmental <br /> Health, and the Fire Marshal on how to serve these needs and ensure that no <br /> compromises are being made to the public interest, welfare, and safety of county <br /> residents. Discussions will be scheduled with key environmental and development parties <br /> on how an amendment package can best serve the county's needs. All subdivision <br /> amendments are necessary for staff to best administer the UDO and achieve the orderly <br /> subdivision of land consistent and serve the goals and objectives identifies in the county's <br /> adopted plans, with improved conservation subdivision standards prioritized. <br /> Telecommunication Facilities <br /> In the 2025 budget, the Board of County Commissioners approved $25,000 for a <br /> consultant to prepare a comprehensive amendment of the UDO's telecommunication <br /> facilities standards, which staff has determined are outdated and not serving the public <br /> interest or county needs for wireless communication. A contract was awarded to the <br /> Brough Law Firm in June to amend the telecommunications facilities standards in the <br /> UDO to modernize them and ensure that they can be interpreted better by both applicants <br /> and staff while also supporting the realization of a telecommunications network that can <br /> better serve the county's wireless communications needs. These amendments are being <br /> review by Planning staff as well as department heads from the county's Asset <br /> Management Services, Emergency Services, and Information Technologies <br /> departments. The consultant has identified that a wholesale repeal and replacement of <br /> the current standards will be simplest to amend the UDO and serve the county's goals. <br /> Accordingly, staff anticipate the following calendar for amendment presentation to the <br /> Planning Board and BOCC: <br /> Amendment Package Ordinance Review Planning Board BOCC <br /> Committee <br /> Subdivision #1 February April June <br /> Subdivision #2 May July September <br /> Telecommunications February March May <br /> This schedule was affected somewhat by the uncertainty introduced to staff and the <br /> consultant by the adoption of NC Session Law 24-57, which limits local governments' <br /> abilities to amend zoning regulations that create nonconformities for non-residential <br /> properties and districts without property owner consent. Staff intends to present the <br /> materials for consideration and will propose actions consistent with State laws. <br /> The subdivision amendments are being done at the same time as the drafting of the 2050 <br /> Comprehensive Land Use Plan. Staff will ensure that the drafted amendments are <br /> consistent with the comments, goals, and objectives recommended by the drafted plan to <br /> ensure that they serve the needs of the county upon plan adoption. The <br /> telecommunications amendments are largely updates to ensure compliance with state <br />
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