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HomeMy WebLinkAboutORD-2011-023 Ordinance Amending Unified Development Ordinance Text Amendment - Office/Institutional (O/I) Zoning District and Other Related SectionsOrdinance #: ~~/- ~~3 ~/~a2~// 7d AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, a review of the adopted Unified Development Ordinance (UDO) found inconsistencies in terminology within the, UDO, as well as between the UDO and the 2030 Comprehensive Plan that needed to be corrected ,and WHEREAS, it was determined that. several of the development standards applicable to the O/I zoning districts were onerous and limited development potential in districts intended for economic development, and WHEREAS, the County intends to develop more reasonable and. effective development standards for the Office/Institutional (O/I) zoning district, and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and purposes of the adopted Comprehensive Plan, and WHEREAS, the County has found the proposed text amendments to be reasonably necessary to promote public health, safety and general welfare and to achieve the .WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7 of the Unified Development Ordinance, the Board of Commissioners of Orange County has found the proposed text amendments to be consistent with the goals and policies of 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: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Section 1. /amend Section 3.4 `General Commercial Districts: O/I' to read as follows: RED =Proposed Text ~+~et#~e~gk~ =Deleted Text ~ • ~ ~ ~ ~ ~ • ~~-~ • • ' Lot Size, min., per R [1] None dwelling unit or use (square feet) NR CU 5,000 ~ Lot Width min. (feet) R' NR - CU None , The purpose of the Office/Institutional (O/I) District is to provide locations NR 50 for medium and high intensity office, service, ate-institutional and R, , residential land uses in areas where urban services are available or are NR - CU None to be made available as part of the development process. This district is Front Setback from intended to provide for employment centers near transportation routes. ROW, min. (feet) NR 25 R None Side S tb k i This district will usually be applied where the following conditions exist: e ac , m n. ' (feet) NR 10 2 [ l NR - CU None [2] 1. Site is located in areas designated by the adopted Comprehensive Pl R None an as Commercial Transition Activity Node or Commercial-Industrial Rear Setback min NR 10 [2] Transition Activity Nodes. , . (feet) NR - CU None [2] S2• ~ Water and sewer mains are Height, max. (feet) 35 [3] existing at the site or are to be made available during the development process. DIMENSIONAL STANDARDS NOTES: R - CU [1] R =residential, NR =non-residential, CU =conditional use. Floor Area Ratio, max. NR ~Og .40 [2] Required side and rear setbacks adjacent to residentiall zoned land NR - CU -2-3A .45 y shall be equal to the required side or rear setback of the adjacent Required Open Space ~ 55 residential district. Ratio, min. . [3] Two feet of additional height shall be allowed for one foot increase of Required Livability R - CU 52 the required front and side setbacks. S ace Ratio, min. . .Required Recreation R .111 Space Ratio; min. R - CU .114 Gross Land Area, R - CU 5,000 / min./max. none (square feet) NR-CU 200,000 / none . Required Pedestrian! NR ~9 05 : Landscape Ratio, min. NR - CU , 1. Uses shall be restricted to those indicated for the O/I District in Section 5.2, unless a Conditional Use (CU) or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overla District in which the roe is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. ' 9. 10. .The site shall be located near major transportation corridors and have access to adequate public roadway network. 11. No more than one principal structure is permitted by right on any non-residential zoning lot greater than two acres in size. Where more than one principal structure is proposed in order to carry out the principal use of the property, and the lot is greater than two acres in size, a Class A Special Use Permit and Site Plan, Conditional Use (CU) District, or Conditional Zoning (CZ) District shall be approved by the Board of County Commissioners. For the purposes of this requirement, an unstaffed telecommunication tower subject to a year-to-year or other short term lease, shall not be considered an additional use. 12. On parcels less than two acres in size, multiple non-residential uses shall be contained within a single principal structure unless a Conditional Use (CU) District or Conditional Zoning (CZ) District is approved. Section 2. 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 '`Use not permitted as a Conditional Use District; permitted only in zoning districts where noted on Table of Permitted Uses; See Section 5.1.4(E) 'Denotes deletion of use as a permitted use in OI district '' Denotes use added as permitted use in OI district GENERAL USE ZONING DISTRICTS LC1 NC2 CC3 GC4 EC5 OI AS EI 11 12 13 PID Commercial Uses Offices & Personal Services, Class 1 Offices & Personal Services, Class 2 Offices & Personal Services, Class 3 Manufacturing, Assembly 8 Processing Assembly and Packaging Operations Including Mail Order Houses, But Excludin On-Premises Retail Outlets Residential Uses Dwelling; Mobile Home Dwelling; Multiple Family Dwelling; Single-Family ~` Dwelling; Two-Family Automotive I Transportation Postal & Parcel Delivery Services Section 3. Amend Article 10 `Definitions' to read as follows: RED =Proposed Text Str+ket#feug# =Deleted Text Open Space Ratio The minimum square footage of open space required for each square foot of fteef gross land area. This area includes parking and vehicular access areas and it can also include balconies, and roofs improved for recreation. Recreation Space Ratio Recreation space ratio is the minimum square footage of open space in residential areas, suitable by location, size, shape, access and improvements, required for each square foot of #leer gross land area. This area is a public or private exterior area improved for recreation of all residents, having a least dimension of 50 feet, and average dimension of 100 feet and a minimum area of 10,000 square feet. Section 4. That this ordinance be placed in the book of published ordinances. Section 5. This ordinance is effective upon its adoption. Upon motion of ommiS~s~i~on//er seconded by Commissioner ~ L~ ,the foregoing ordinance was adopted this ~~ day of f , 2011. I, Donna S. B er, Clerk 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 hat said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this ~~ day of ~: , 2011. _ ~©~ '.'~ rrE ~~ Clerk to the Board of Commissioners ~. ~/.. ~ o / / o.~v. ~o~i-a ,Z3 ,j d Obiective LU-3.8: Develop a process for implementing small area plan recommendations through the revision of County policies and regulations. Housinq Overarching Goal: Opportunity for all citizens of Orange County to rent or purchase safe, decent, accessible, and affordable housing. Housina Goal 1: A wide range of types and densities of quality housing affordable to all in all parts of the County, and WHEREAS, the amendments are consistent with the Water and Sewer Boundary Agreement and Map and are a follow-up to Upper Eno Watershed Critical Area amendments, which occurred in June 2010. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange County, North Carolina, that the Land Use Element Map, provided in Chapter 5 of the Land Use Element of the 2030 Comprehensive Plan, is hereby amended as described herein. ~ a. institutional 1o/I1 Zoninq District and Other Related Sections The Board received the Planning Board recommendation, considered closing the public hearing and making a decision on Planning Director-initiated amendments to certain sections of the UDO related to the Office/Institutional zoning district. Planning Director Craig Benedict said that there are two items that deal with the Unified Development Ordinance. This item is a change to the text related to the Office Institutional Zoning District. This included some definitions, permitted uses, and some development standards that are within that district. This was heard at the May 23`d QPH and public input was received at that time. The Planning Board voted unanimously to approve the zoning text amendments. There was no public commenf. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger seconded by Commissioner McKee to adopt the Ordinance of Approval for the UDO text amendments (Ordinance 2011-023) contained within Attachment 2, which is incorporated by reference. VOTE: UNANIMOUS e. Zoninq Atlas Amendment - Efland Area The Board received the Planning Board's recommendation, considered closing the public hearing, and making a decision on a County-initiated rezoning of 112.35 acres of undeveloped land in the Efland area. Craig Benedict made this presentation. He pointed out this area on a map. This was also heard at the May 23`d QPH. The Planning Board voted unanimously to recommend this to the Board of County Commissioners. There were some comments about the review of a small piece of property that looked like it was an access ramp. NCDOT does not have a problem incorporating this into the zoning map amendment. There was no public commenf.