HomeMy WebLinkAboutORD-2007-222 - Economic Development Districts Orange County Zoning Ordinance 6.29ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 19, 2007
Action Agenda
Item No. _
SUBJECT: Economic Development Districts Orange County Zoning Ordinance Section 6.29
DEPARTMENT: Planning and Inspection PUBLIC HEARING: (Y /N) No
Department
ATTACHMENT(S): INFORMATION CONTACT:
1) PowerPoint Craig Benedict, Planning Director, 245 -2592
Willie Best, Interim Economic Development
Director, 245 -2308
PURPOSE: To discuss possible amendments to the Economic Development District Manual
and add performance criteria for retail establishments and other uses, including an amended
review and approval process. In addition, a new threshold categorization classification of low -
intensity non - residential use is possible.
BACKGROUND: Economic Development District (EDD) land use designations were created
in 1994. Subsequently, Orange County amended the Zoning Ordinance Article 6.29 to
include `The Orange County Economic Development Districts Design Manual'. This
document sets forth the description and intent of three economic development zones;
■ 1 -85 Buckhorn Road,
■ 1-40 10ld NC 86 (now known as the Hillsborough Area EDD) and the
■ 1 -85 /US Hwy 70 (now known as Eno Township EDD)
SMALL AREA PLAN AND INFRASTRUCTURE ACTIVITY
These areas are in varying degree of planning and infrastructure research, analysis and
Small Area Plan Implementation.
Portions of these areas have received or are in the process of receiving water and sewer
infrastructure and therefore additional planning is underway to ensure compatible uses and a
pattern of development that will support existing uses as well as future uses. Other planning
efforts regarding these areas are the Efland- Mebane Small Area Plan Implementation Focus
Group, Waterstone Area Planned Development and Eno EDD Task Force.
REEVALUATION OF PERMITTED USES, PROCESSES, AND STANDARDS
The manual and table employs different sets of approval processes, i.e. administrative, Class
A or B Special Use Permit (SUP) or Planned Development (PD) rezoning. Although, this is a
classic zoning mechanism that can be effective, other methods can be used to promote
compatibility. In fact, the two other EDD zones used other methods such as placing
compatible uses in a prescriptive large zone (either Primary or Secondary EDD) so the
potentially conflicting land uses of retail and light industrial or residential would not occur.
2
Another method uses heightened performance standards such as is noted in the Design
Manual to create better access, appropriate buffers and landscaping, and master planning to
manage the patterns of development. Also, the scale and /or employment impact of a project
can be considered.
The ranges of uses are still generally allowed, but the process type promotes a certain
generalized use category located in a particular zone. Since these different EDD zone types
are being suggested to be intermixed, there is a different and higher level of performance
standards and procedural scrutiny that is involved.
A PowerPoint presentation will be provided at the meeting.
FINANCIAL IMPACT: Existing planning staff will support the writing and implementation of
the proposed ordinance.
RECOMMENDATION(S): The Manager recommends that the Board:
1) Receive the presentation and provide comments and direction to staff;
2) Refer to Economic Development Commission and Planning Board for their
participation in ordinance development; and
3) Direct staff to prepare amendments for the February 25, 2008 Quarterly Public
Hearing.
Economic Development Districl
(EDD)
Possible Amendments to Zoning Code
Section 6.29 EDD Design Manual
I. EDD Intent - (By Area Zone)
II. Development Approval System
III. Permitted Use Table (Future Work)
and Associated Approval Processes
I. Design and Application Standards
Outline of Discussion
Retail- Office - Service
• More Cars, Less Trucks
• More Internal Traffic Capture
• Support for Nearby Job Centers
• Better Transition to Lower Density
• Higher value office is invested in an
area where there is less potential of
industrial.
• Peak and Non -Peak Traffic
Page
I. Strategic Development Area Focus- EDD Intent
4
A. Retail - Office - Service
91 a v
1. Description
5
2. Intensity Level Categories
6 &7
B. Industrial - Manufacturing - Wholesaling- Distribution
1. Description
6
2. Intensity Levels
g
C. Mixed Use
10
II. Development Approval System
11 &12
III. Specific Permitted Use Table and Approval Processes
n/a
IV. Design and Application Standards
13 &14
Retail- Office - Service
• More Cars, Less Trucks
• More Internal Traffic Capture
• Support for Nearby Job Centers
• Better Transition to Lower Density
• Higher value office is invested in an
area where there is less potential of
industrial.
• Peak and Non -Peak Traffic
Focus- EDD Intent
• Focus certain development uses in areas
best matched for its type attributes.
• Focus means make process easier for a use
in one area over another but allow in both if
conditioned appropriately.
• Target Preferred Businesses and Industries.
Examples:
• Industrial near rail and high power transmission lines.
• Retail/Office near good customer and employee
access and as a transition to lower intensity use.
Primary ED Zoning
Retail, Office, Service
Category Systems
(INTENSITY LEVEL THRESHOLDS)
PRIMARY LEVEL SQUARE FOOTAGE
■ ED 1 < 5,000 sf
■ ED 2 5,000 - 20,000 sf
■ ED 3 > 20,000 sf
1
91 a v
isr_U
Focus- EDD Intent
• Focus certain development uses in areas
best matched for its type attributes.
• Focus means make process easier for a use
in one area over another but allow in both if
conditioned appropriately.
• Target Preferred Businesses and Industries.
Examples:
• Industrial near rail and high power transmission lines.
• Retail/Office near good customer and employee
access and as a transition to lower intensity use.
Primary ED Zoning
Retail, Office, Service
Category Systems
(INTENSITY LEVEL THRESHOLDS)
PRIMARY LEVEL SQUARE FOOTAGE
■ ED 1 < 5,000 sf
■ ED 2 5,000 - 20,000 sf
■ ED 3 > 20,000 sf
1
Retail, Office, Service
EMPLOYMENT BASIS
■ < 200 employees
■ 200+ employees
BUILDING TYPES
• Freestanding Building
• Enclosed Mall
• Drive -thru Restrictions
Industrial, Manufacturing,
Wholesaling, Distribution
Intensity Levels
PRIMARY LEVEL SQUARE FOOTAGE TOTAL
■ ED 5 < 50,000 sf
■ ED 6 50,000 - 100,000 sf
■ ED 7 > 100,000 sf
I•
Development Approval
System
Process
X - Multi - Departmental EDD Staff
Advisory Committee Employing
Elements of Central Permitting
System
i.e. Permitted by Right staff
B - Class B Special Use Permit (SUP) eon
A - Class A Special Use Permit (SUP) Pe/Bocc
Industrial /Manufacturing/
Wholesale
Transportation/Utilities
• High truck traffic
• Rail Access
• High Power Transmission Lines
• Better access to US Hwy 70 Corridor or
Interstate
• Non -Peak Activity Traffic
• Large Building Footprint
Development Approval
RUM_
Mixed Use
PRIMARY /SECONDARY LEVEL
■ ED
4
V' ` 1.
New Topic - More Discussion Necessary
2.
Placeholder
- 3.
Could include medium -high density
Sr
residential and low- medium Won-
t=
residential. (Co-mingled in structure or separate
Conditional Use Permit
development parcels)
Development Approval
System
Process
'D - Step I ... Planned Development/
PBIBOCC
Conditional District Zoning (CDZ)
Legislative
Rezoning (Article 713)
Step 2...Special Use Permit Class A
Quasi-Judicial
Concurrent
:UD - Conditional Use District Rezoning
PwBocc
Site & Use Specific Plan (Article 7A)
Legislative
Conditional Use Permit
start
2
In
Design and Application
Standards
A. Smart Growth Site Design Attributes
B. Master Planned Program
(Similar to Planned Development)
1. Roadway System
2. Infrastructure
3. Environmental
4. Flexibility
(Removes need for stringent
Building /Site /Landscape Volume Ratios)
Design and Apple
Standards
C. Architectural Design
*Common Element
D. Landscape Design
•Xedscaping, Buffering
E. Circulation and parking
-Shared Parking Systems
F. Service and Storage
*Access and Screening
G. Signs and Lighting
-Economically Competitive
3
concerned about floating districts, She wants it to be clear about how this is different from spot
zoning.
Michael Harvey said that staff knows that the Board of County Commissioners needs
time to review this. It is the goal to get it to the Board of County Commissioners as soon as
possible. He said that he could accommodate the concern about the process. The process will
be fairly consistent with the existing Class A Special Use Permit, review process.
Chair Carey asked when language would be available to the County Commissioners and
Michael Harvey said by the first of December.
Planning Director Craig Benedict said that the reason they are proceeding with
conditional uses is that when the rezoning occurs it is talking about' an exact proposal for a
piece of property, versus a general use that could have 50 different uses. Conditional Use
Districts are very specific to the parcel and what will be put there.
3., Economic Development Districts Orange County Zoning Ordinance Section 6.29
Craig Benedict made a PowerPoint presentation. He said that over the last two or three
years, the County has had to help Hillsborough out in the joint areas to move forward with
Hillsborough's Strategic Growth Plan. The Waterstone project was the product of two years of
work with two County Commissioners and two Town Commissioners and modifying the existing
economic development district booklet to make it more user - friendly. The County has
proceeded on an as- needed basis to modify the EDD'. Presently, the County is working in
Durham with the Eno EDD. It is time to look at all three EDDs together and try to make them
somewhat consistent. He then made the powerpoint presentation given below.
Economic Development Districts (EDD)
Possible Amendments to Zoning Code
Section 6.29 EDD Design Manual
■ EDD Intent — (By Area Zone)
■ Development Approval System
■ Permitted Use Table (Future Work)
and Associated Approval Processes
■ Design and Application Standards
EDD DISTRICTS (map)
■ Enclosed Mail
■ Drive-thru Restrictions
Industrial /Manufacturing/ Wholesale
Transportation/Utilities
■ High truck traffic
■ Rail Access
■ High Power Transmission Lines
■ Better access to US Hwy 70 Corridor or Interstate
■ Non-Peak Activity Traffic
■ Large Building Footprint
Industrial, Manufacturing, Wholesaling, Distribution
Intensity Levels
PRIMARY LEVEL SQUARE FOOTAGE TOTAL
■ ED 5 < 50,000 sf
■ ED 6 50,000 — 100,000 sf
■ ED 7 > 100, 000 sf
Mixed Use
■ New Topic — More Discussion Necessary
Placeholder
■ Could include medium-high density residential and low-medium non-residential. (Co-
mingled in structure or separate development parcels)
Development Approval System
X - Multi-Departmental EDD Staff
Advisory Committee Employing
Elements of Central Permitting
System
i.e. Permitted by Right staff
B - Class ;B Special Use Permit (SUP) BOA
A - Class A Special Use Permit (SUP) Planning Board/BOCC
Development Approval System
PD — Step 1-Planned Development / Planning Board/BOCC
Conditional District Zoning (CDZ) Legislative
Rezoning (Article 713)
Step 2-Special Use Permit Class A Quasi-Judicial
Concurrent
CUD - Conditional Use District Rezoning Planning Board/BOCC
Site & Use Specific Plan (Article 7A) Legislative
Conditional Use Permit staff
Craig Benedict agreed and said that the EDC is ready to move forward with making
minor comprehensive and cohesive revisions by February, and anything else will be put in a
report for some later date.
4. Report on Courtesy Review
Craig Benedict said that this was requested by Jay Bryan of the Planning Board
regarding how the courtesy review process is working with Chapel Hill and Carrboro. If there is
an opportunity to have a more elaborate agreement with Hillsborough, then there is a question
of what gaps can be closed.
Planner Gene Bell showed a map that highlighted the courtesy review areas present
with Chapel Hill, Carrboro, and Durham'. He presented relevant sections of the Joint Planning
Agreement, as shown below.
JOINT PLANNING AGREEMENT
(Excerpts pertaining to Courtesy Review- other sections omitted)
Section 1`.2 Definitions
A. Joint Planning Area.. The area within the Rural Buffer and Transition Areas
designated on the Joint Planning Area Land Use Map lying outside the extraterritorial
planning jurisdiction of Chapel Hill and Carrboro
F. Joint) Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on
the east by 1 -40 and shown as such on Exhibit A.
1. Development Permit. Major subdivision preliminary plat approval and any
discretionary permit (whether called conditional or special use permit or some other
term) issued by the Orange County Board of Commissioners, the Chapel Hill Town
Council, or the Carrboro Board of Aldermen.
Section 2.3 Permit Administration Within the Transition Area
B. Whenever Chapel Hill or Carrboro receives an application fora development permit
as defined in this Agreement relating to land within their respective portions of the
Transition area, it shall forward copies of the application' to Orange County for
review. The towns shall establish timetables to insure that Orange County has an
opportunity to make recommendations regarding such applications within the
framework' of the County's regularly scheduled meeting dates. To the extent
possible, the timetables of the County and the towns shall provide for simultaneous
review to expedite application processing; provided, however, the towns may not
vote to issue or deny a permit until they have received the recommendations of
Orange County or until the expiration of forty -five (45) days after Orange County has
received the application, whichever comes first.
Section 2.4 Permit Administration in the Rural Buffer
B. Whenever Orange County receives an application for a development permit relating
to land located within the CHJDA Rural Buffer or the Joint Courtesy Review Area, it
shall forward copies of the application to Chapel' Hill for review. Similarly, whenever
Orange County receives an application for development permit relating to land
located within the CJDA Rural Buffer or the Joint Courtesy Review Area, it shall
forward copies of the application to Carrboro for review. The County shall establish