AGENDA ITEM COVER SHEET

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1 AGENDA ITEM COVER SHEET Use this form when submitting items for the Town Council Agenda PUBLIC HEARING No. 06 Meeting Date: 11/21/2017 Requesting Department: Presenter(s): Planning Department Amanda Bunce, Planning Manager ITEM DESCRIPTION (Brief) Public Hearing and possible motion regarding amendments to the Unified Development Ordinance related to the Sustainable Development-Conditional Zoning District. ITEM DETAIL (Expanded from Item Description) Approval Recommended? Yes By: Planning Board The Planning Board heard these amendments at their November 13, 2017 meeting and recommended approval by a vote of 5-2. One no vote, Mr. Hooks, was only negative because of the proposed language to allow Town Council to remove the Responsible Person. UDO Amendment Summary: Requested by Jason Barron, attorney for HH Trinity Apex Investments, LLC and Veridea Apex Parcel 10: An amendment to UDO Section D Sustainable Development-Conditional Zoning District to amend how the Responsible Person can be removed and replaced in the undeveloped areas of the SD-CZ district. ATTACHMENTS (Number items if more than one) 1. Staff Report 2. Ordinance

2 STAFF REPORT Amendments to the Unified Development Ordinance November 21, 2017 Town Council Meeting An application has been received from Jason Barron, attorney for the property owners within Veridea, to amend the UDO regarding changes to the Responsible Person in the Sustainable Development section of the UDO. Currently the only Sustainable Development Conditional Zoning District in the Town of Apex is Veridea. The proposed amendment to D is as follows: Sustainable Development Conditional Zoning District D) Unified Ownership or Control One person shall have all the responsibility and authority to make all the developer land use planning decisions for all land that is part of a Sustainable Development Conditional Zoning District SD-CZ. A person shall be considered to have such responsibility and authority for all lands in the Sustainable Development Conditional Zoning District SD-CZ either through ownership or by written agreement by and between such person and each owner of parcels comprising said lands agreeing to the conditions and standards of the adopting ordinance and the Sustainable Development Conditional Zoning District SD-CZ and granting the person such responsibility and authority. This one person, who shall be identified in the Sustainable Development Conditional Zoning District SD-CZ Re-Zoning Application as the Responsible Person, will be the sole person from whom the Town will accept decisions regarding the Sustainable Development (SD) Plan and Sustainable Development Conditional Zoning District SD-CZ, including amendments, modifications or supplements thereof or the addition of lands thereto. The SD Plan shall provide the process for effecting a change or succession of Responsible Person for the purposes of a specific district. At any time the owner(s) of the majority of the undeveloped land comprising a specific Sustainable Development Conditional Zoning District may remove the Responsible Person for such district. Such change shall be made in writing (the Notice of Removal of Responsible Person ), submitted to the Town's Planning Director in a form acceptable to the Planning Director, complete with notarized signature(s) of the owner(s) of a majority of the undeveloped land within the SD-CZ District. Upon the Planning Director s receipt, which shall be evidenced in writing, the Responsible Person shall be deemed removed, the role shall be considered unfilled, and the Town Council shall be immediately notified. The owner(s) of the majority of the undeveloped land comprising a specific Sustainable Development Conditional Zoning District may request Town Council s approval of a new Responsible Person for such district. Such request shall be made in writing (the Request for Approval of Responsible Person ), submitted to the Town's Planning Director in a form acceptable to the Planning Director, complete with notarized signature(s) of the owner(s) of a majority of the undeveloped land within the SD CZ district. Upon acceptance of such request, the Planning Director shall place the request on the next regularly scheduled meeting agenda and present it to the Town Council for consideration. At the next scheduled meeting, the Town Council shall either approve or deny the request and provide an explanation for their decision.

3 The Town Council, at any time, shall have the right to remove a Responsible Person in the event such Responsible Person submits development plans to the Town for approval (i.e., not including drafts or preliminary versions) that are inconsistent with the provisions of the SD Plan. A parcel or parcels (the Parcel ) of any size may be added to an existing Sustainable Development Conditional Zoning District if (i) any portion of the Parcel is within two thousand (2000) feet of such existing district, (ii) the Responsible Person of the existing district consents in writing and (iii) the Town Council approves a rezoning of the Parcel to Sustainable Development Conditional Zoning District SD-CZ in accordance with Sections and In such event the SD Plan approved for the existing SD-CZ District shall be applicable to the Parcel(s) added to such existing district, and the development densities authorized in the existing SD Plan (including number of residential units and authorized square footage of other land uses) shall be increased on a prorata basis based on the size of the Parcel(s) added to the district, unless the Town Council provides otherwise with the consent of the Responsible Person. As used herein, developed land shall refer to any parcel of land within the SD-CZ district in question for which, following the date of adoption of the SD-CZ district, there is a pending, or valid and unexpired approved, site or subdivision plan. PLANNING BOARD RECOMMENDATION: The Planning Board heard this item at its November 13, 2017 meeting and recommended approval.

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7 STAFF REPORT Amendments to the Unified Development Ordinance August 14, 2017 Planning Board Meeting An application has been received from Jason Barron, attorney for the property owners within Veridea, to amend the UDO regarding changes to the Responsible Person in the Sustainable Development section of the UDO. Currently the only Sustainable Development Conditional Zoning District in the Town of Apex is Veridea. The proposed amendment to D is as follows: Sustainable Development Conditional Zoning District D) Unified Ownership or Control One person shall have all the responsibility and authority to make all the developer land use planning decisions for all land that is part of a Sustainable Development Conditional Zoning District SD CZ. A person shall be considered to have such responsibility and authority for all lands in the Sustainable Development Conditional Zoning District SD CZ either through ownership or by written agreement by and between such person and each owner of parcels comprising said lands agreeing to the conditions and standards of the adopting ordinance and the Sustainable Development Conditional Zoning District SD CZ and granting the person such responsibility and authority. This one person, who shall be identified in the Sustainable Development Conditional Zoning District SD CZ Re Zoning Application as the Responsible Person, will be the sole person from whom the Town will accept decisions regarding the Sustainable Development (SD) Plan and Sustainable Development Conditional Zoning District SD CZ, including amendments, modifications or supplements thereof or the addition of lands thereto. The SD Plan shall provide the process for effecting a change or succession of Responsible Person for the purposes of a specific district. Further, at At any time the owners of fifty one percent (51%) or moreowner(s) of the majority of the undeveloped land comprising a specific Sustainable Development Conditional Zoning District which has not yet been developed (as defined below) may remove and replace the Responsible Person for such district, subject to the approval of the Town Council.. Such change shall be effectuated by written noticemade in writing (the Notice of ChangeRemoval of Responsible Person ) provided, submitted to the Town's Planning Director in a form acceptable to the Planning Director, and accompanied by thecomplete with notarized signature of fifty one percent (51%) of the owners of the(s) of the owner(s) of a majority of the undeveloped land within the SD CZ district which has not yet been developed. Upon receipt of a Notice of Change of Responsible Person, the Planning Director shall present the matter to the Town Council for their approval at itsdistrict. Upon the Planning Director s receipt, which shall be evidenced in writing, the Responsible Person shall be deemed removed, the role shall be considered unfilled, and the Town Council shall be immediately notified.

8 The owner(s) of the majority of the undeveloped land comprising a specific Sustainable Development Conditional Zoning District may request Town Council s approval of a new Responsible Person for such district. Such request shall be made in writing (the Request for Approval of Responsible Person ), submitted to the Town's Planning Director in a form acceptable to the Planning Director, complete with notarized signature(s) of the owner(s) of a majority of the undeveloped land within the SD CZ district. Upon acceptance of such request, the Planning Director shall place the request on the next regularly scheduled meeting. agenda and present it to the Town Council for consideration. At the next scheduled meeting, the Town Council shall either approve or deny the request and provide an explanation for their decision. The Town Council, at any time, shall have the right to remove a Responsible Person in the event such Responsible Person submits development plans to the Town for approval (i.e., not including drafts or preliminary versions) that are inconsistent with the provisions of the SD Plan. A parcel or parcels (the Parcel ) of any size may be added to an existing Sustainable Development Conditional Zoning District if (i) any portion of the Parcel is within two thousand (2000) feet of such existing district, (ii) the Responsible Person of the existing district consents in writing and (iii) the Town Council approves a rezoning of the Parcel to Sustainable Development Conditional Zoning District SD CZ in accordance with Sections and In such event the SD Plan approved for the existing SD CZ District shall be applicable to the Parcel(s) added to such existing district, and the development densities authorized in the existing SD Plan (including number of residential units and authorized square footage of other land uses) shall be increased on a pro rata basis based on the size of the Parcel(s) added to the district, unless the Town Council provides otherwise with the consent of the Responsible Person. The Town Council, at any time, shall have the right to remove a Responsible Person in the event such Responsible Person submits development plans to the Town for approval (i.e., not including drafts or preliminary versions) that are inconsistent with the provisions of the SD Plan. As used herein, developed land shall refer to any parcel of land within the SD CZ district in question for which, following the date of adoption of the SD CZ district, there is a pending, or valid and unexpired approved, site or subdivision plan.

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11 TOWN OF APEX POST OFFICE BOX 250 APEX, NORTH CAROLINA PHONE PUBLIC NOTIFICATION OF PUBLIC HEARING AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE (UDO) Notice is hereby given of a public hearing before the Town Council of the Town of Apex for the purpose of soliciting comments relative to the following amendment(s) to the Unified Development Ordinance: Requested by Jason Barron, attorney for HH Trinity Apex Investments, LLC and Veridea Apex Parcel 10: 1. An amendment to UDO Section D Sustainable Development Conditional Zoning District to amend how the Responsible Person can be removed and replaced in the undeveloped areas of the SD-CZ district. Public Hearing Location: Apex Town Hall 73 Hunter Street, Apex, North Carolina Council Chambers, 2 nd Floor Town Council Public Hearing Date and Time: November 21, :00 PM The UDO can be accessed online at: Dianne F. Khin, AICP Planning Director Published Date: October 27-November 21, 2017

12 AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE UNIFIED DEVELOPMENT ORDINANCE BE IT ORDAINED by the Town Council of the Town of Apex as follows: Section 1. Section D of the Unified Development Ordinance is amended to read as follows with additions shown as bold underlined text and deletions shown as struck-through text: Sustainable Development Conditional Zoning District D) Unified Ownership or Control One person shall have all the responsibility and authority to make all the developer land use planning decisions for all land that is part of a Sustainable Development Conditional Zoning District SD-CZ. A person shall be considered to have such responsibility and authority for all lands in the Sustainable Development Conditional Zoning District SD-CZ either through ownership or by written agreement by and between such person and each owner of parcels comprising said lands agreeing to the conditions and standards of the adopting ordinance and the Sustainable Development Conditional Zoning District SD-CZ and granting the person such responsibility and authority. This one person, who shall be identified in the Sustainable Development Conditional Zoning District SD-CZ Re-Zoning Application as the Responsible Person, will be the sole person from whom the Town will accept decisions regarding the Sustainable Development (SD) Plan and Sustainable Development Conditional Zoning District SD-CZ, including amendments, modifications or supplements thereof or the addition of lands thereto. The SD Plan shall provide the process for effecting a change or succession of Responsible Person for the purposes of a specific district. At any time the owner(s) of the majority of the undeveloped land comprising a specific Sustainable Development Conditional Zoning District may remove the Responsible Person for such district. Such change shall be made in writing (the Notice of Removal of Responsible Person ), submitted to the Town's Planning Director in a form acceptable to the Planning Director, complete with notarized signature(s) of the owner(s) of a majority of the undeveloped land within the SD-CZ District. Upon the Planning Director s receipt, which shall be evidenced in writing, the Responsible Person shall be deemed removed, the role shall be considered unfilled, and the Town Council shall be immediately notified. The owner(s) of the majority of the undeveloped land comprising a specific Sustainable Development Conditional Zoning District may request Town Council s approval of a new Responsible Person for such district. Such request shall be made in writing (the Request for Approval of Responsible Person ), submitted to the Town's Planning Director in a form acceptable to the Planning Director, complete with notarized signature(s) of the owner(s) of a majority of the undeveloped land within the SD CZ district. Upon acceptance of such request, the Planning Director shall place the request on the next regularly scheduled meeting agenda and present it to the Town Council for consideration. At the next scheduled meeting, the Town Council shall either approve or deny the request and provide an explanation for their decision. The Town Council, at any time, shall have the right to remove a Responsible Person in the event such Responsible Person submits development plans to the Town for approval (i.e., not including drafts or preliminary versions) that are inconsistent with the provisions of the SD Plan. A parcel or parcels (the Parcel ) of any size may be added to an existing Sustainable Development Conditional Zoning District if (i) any portion of the Parcel is within two thousand (2000) feet of such 1

13 existing district, (ii) the Responsible Person of the existing district consents in writing and (iii) the Town Council approves a rezoning of the Parcel to Sustainable Development Conditional Zoning District SD-CZ in accordance with Sections and In such event the SD Plan approved for the existing SD-CZ District shall be applicable to the Parcel(s) added to such existing district, and the development densities authorized in the existing SD Plan (including number of residential units and authorized square footage of other land uses) shall be increased on a pro-rata basis based on the size of the Parcel(s) added to the district, unless the Town Council provides otherwise with the consent of the Responsible Person. As used herein, developed land shall refer to any parcel of land within the SD-CZ district in question for which, following the date of adoption of the SD-CZ district, there is a pending, or valid and unexpired approved, site or subdivision plan. Section 2. Section 3. Section 4. These amendments shall not apply to projects for which an application for development approval has been submitted before the effective date of this ordinance. The Planning Director and/or Town Manager are hereby authorized to renumber, revise formatting, correct typographic errors, to verify and correct cross references, indexes and diagrams as necessary to codify, publish, and/or accomplish the provisions of this ordinance or future amendments as long as doing so does not alter the terms of this ordinance. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to such section, paragraph, subdivision, clause or provision so adjudged and the remainder of the ordinance shall be deemed valid and effective. Section 5. The ordinance shall be effective upon enactment on the day of November, Introduced by Council Member Seconded by Council Member Attest: TOWN OF APEX Donna Hosch, MMC, NCCMC Town Clerk Lance Olive Mayor Approved As To Form: Laurie L. Hohe Town Attorney 2