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HomeMy WebLinkAboutORD-2011-019 Ordinance Amending Unified Development Ordinance Text Amendment - Section 5.2 "Table of Permitted Uses" and other related sections~- /7-ao /I Ordinance #: d ~ ~ ~ o~ a ~ ~ ` ~ ~ 7 ~ G~. AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, there is a need to review and, as necessary, revise existing land use regulations over time, and WHEREAS, the public is permitted and encouraged to submit petitions to amend existing land use regulations, and WHEREAS, a valid amendment petition has been submitted to permit the Motor Vehicle Sales /Rental (New & Used) use within the NC-2 general use zoning district, and WHEREAS, the County has held the required public hearing and has found the proposed text amendment is consistent with the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as follows: RED =Proposed Text ~eug# =Deleted Text Section 1. Amend Section 5.2 `Table of Permitted Uses' to read as follows: TABLE OF PERMITTED USES -GENERAL USE ZONING DISTRICTS (excerpt) * =PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE ~ =Subject to Special Standards GENERAL USE ZONING DISTRICTS LC1 NC2 CC3 GC4 EC5 OI AS EI 11 12 13 PID Automotive /Transportation Bus Passenger Shelter * * * * * * * * * * Bus Terminals & Garages'` * * * * Motor Frei ht Terminals'` Motor Vehicle Maintenance & Re air Bod Sho ~ * * * Motor Vehicle Re air Gara e'` * * Motor Vehicle Sales /Rental (New & Used ~ , * * * * * * Motor Vehicle Services Stations * * * * Parking As Principle Use, Surface or Structure * * * Petroleum Products: Storage & Distribution'` * * * Postal & Parcel Delivery Services * * See section 5. ~ 4. ~ for special standards Section 2. Replace Section 5.14 `Standards for Miscellaneous Uses' with new Section 5.14 `Standards for Automotive /Transportation Related Uses', as follows: SECTION 5.14 STANDARDS FOR AUTOMOTIVE / TRANSPORTATION RELATED USES 5.14.1 Motor Vehicle Sales /Rental (New & Used) in the NC-2 Zoning District (A) Standards for the NC-2 Zoning District (1) This use shall only be permitted within the Commercial Transition Activity or Commercial-Industrial Transition Activity Node land use classifications, as designated on the Land Use Element Map of the adopted Comprehensive Plan. (2) The site shall have direct access onto a State maintained roadway. (3) A maximum of 12 cars may be stored or displayed on- site. Section 3. Create new Section 5.15 `Standards for Miscellaneous Uses' with entire text from former Section 5.14, as follows: SECTION 5.15 STANDARDS FOR MISCELLANEOUS USES 5.15.1 Churches (A) General Standards... 5.15.2 Community Center (A) Standards for Class B Special Use Permit... Add all text from former Section 5.14 `Standards for Miscellaneous Uses'] Section 4. That this ordinance be placed in the book of published ordinances. Section 5. This ordinance is effective upon its adoption. NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of Orange County that ... Upon motion of Commissioner ~~GQ,~ seconded by Commissioner ,the foregoing ordinance was adopted this -~~ day of , 2011. I, Donna S. Baker, Cle to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on _ ~ , 2011 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. W TNESS my hand and the seal of said County, this (~ day of 2011. e ' ~o;, Cj I~~//,fi4 Clerk he Board of Commissioners aatJ~~or/i~' 1 l .~-i~~~o i/ ~~ 7. Public Hearinqs a. Unified Development Ordinance (UDO) Text Amendment Petition The Board received the Planning Board recommendations on a text amendment petition submitted by Mr. Ben Lloyd amending the Table of Permitted Uses to allow the Motor Vehicle Sales & Rental (New and Used) use category within the Neighborhood Commercial (NC-2) general use zoning district as a permitted use. Michael Harvey said that this was submitted by Ben Lloyd to amend the Table of Permitted Uses to allow motor vehicle sales and rentals as a permitted use. This item was presented at the February Quarterly Public Hearing where the County Commissioners and the applicant suggested several amendments from the original petition that would limit this land use category from being developed only within certain commercial industrial and transition nodes. The Planning Board reviewed this item at its April 6th regular meeting and voted unanimously to recommend approval. Commissioner McKee said that there was a discrepancy in the documents on the number of vehicles that would be allowed. He thought that the number was 12 and the abstract says 11. Michael Harvey said that the original application was for no more than 12, but it was reduced to 11 by the Planning Board. Commissioner Gordon asked about the concern of the staff. Michael Harvey said that the concern was that this is a countywide change. The use would be allowed in specific land use element categories, which are the urban areas as designated on the growth management system along US 70. There was no public comment. A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner McKee , seconded by Commissioner Yuhasz to receive the Planning Board recommendation and approve the ordinance amendment for the Table of Permitted Uses to allow the Motor Vehicle Sales & Rental (New and Used) use category within the Neighborhood Commercial (NC-2) general use zoning district as a permitted use, with the change back to 12 vehicles for the limit. VOTE: Ayes, 6; No, 1(Commissioner Gordon) b. Review and Adoption of the Master Telecommunication Plan (MTP) Map The Board considered adopting the Master Telecommunication Plan Map and a resolution establishing a policy with respect to the development of telecommunication wireless support structures on County property. Craig Benedict showed a map on the screen with the 11 different sites. He said that the sites include county-owned properties, fire department, quasi-public properties, and private citizen properties. He said that when they opened up Orange County for sites, there were a variety of offers and the list was narrowed down. He said that each year they will be adding additional sites to the map at the public hearings. He said that the Board of County Commissioners asked in February for staff to come up with a set of standards and that is in Attachment 3. There was no public comment.