HomeMy WebLinkAboutAgenda - 02-21-2012 - 5jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 21, 2012
Action Agenda
Item No. .S- ~
_~-
SUBJECT: Unified Development Ordinance (UDO) Text Amendment - Industrial
Definitions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Approval Ordinance
INFORMATION CONTACT:
Perdita Holtz, Planning Systems
Coordinator, 245-2578
Craig Benedict, Planning Director,
245-2592
PURPOSE: To consider a text amendment to the Unified Development Ordinance (UDO) in
regards to definitions of Industrial uses.
BACKGROUND: At the February 7, 2012 BOCC meeting, the Board adopted an extensive
packet of revisions to the UDO. The BOCC tabled the revisions to the "Industrial" definitions
contained in Article 10 so that staff could incorporate discussed modifications into the proposed
definitions. Staff was directed to bring the modifications back to the BOCC for adoption
consideration.
Staff has reviewed the language in the three Industrial definitions and recommends the
language in the attached ordinance. Only the language for "Industrial, Medium" is proposed for
modification from the language presented at the November 21, 2011 Quarterly Public Hearing.
The recommended definition now includes language pertaining to the expected extent of
impacts, reflects a"step" befinreen Light Industrial and Heavy Industrial uses, and is consistent
with the types of industrial uses given as examples.
FINANCIAL IMPACT: There are no direct financial impacts associated with the approval of this
item.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
ordinance.
Ordinance #: ~~ I n~ - ~~~
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, on February 7, 2012, the Board of Commissioners of Orange County
considered an amendment packet to the Unified Development Ordinance; and
WHEREAS, the Commissioners adopted the packet of amendments except for the
proposed amendments to three Industrial definitions; and
WHEREAS, the Commissioners directed staff to modify the definition for "Industrial,
Medium" to include language pertaining to the expected extent of impacts; and
WHEREAS, staff has presented a revised definition that is acceptable to the Board of
Commissioners of Orange County.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted on the
attached page.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2012.
I, Donna S. Baker, 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 , 2012 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
WITNESS my hand and the seal of said County, this day of
, 2012.
S EAL
Clerk to the Board of Commissioners
2
Article 10: Definitions 3
Section 10.1: Definitions
Industrial, Light
Manufacturing &processing operations
oc;cupied--dy-te-�-that occur entirely indoors and have limited impacts on surrounding properties,
including, but not limited to, production of the following: food products (i.e. commercial bakery, candy, and
beverages, including bottling); surgical, medical and dental instruments; wood cabinets, furniture and
upholstery; light machinery, including household appliances, toys, sporting and athletic equipment,
excluding firearms and ammunition; and, paper products, such as bags, containers, and cardboard.
Industrial, Medium
Manufacturing &processing operations
that may occur indoors or outdoors and have limited impacts beyond the
boundaries of the zoning district, including, but not limited to, the following: heavy household, commercial
and industrial appliances; manufactured homes, recreational vehicles and related components;
automotive, farm, and construction machinery; and, commercial building components.
Industrial, Heavy
Manufacturing &processing operations
boundaries with a greater potential to impact surrounding properties, where a majority or large component
of the operation may occur in the open air. Such uses may include, but not be limited to, the following:
asphalt mixing plants; cement manufacturing or processing, commercial food processing (packing and
rendering) plants, including meat, poultry and fish; and, concrete mixing plants,1'34
Infiltration
The absorption of stormwater run-off into the ground. Infiltration allows for pollutants to be filtered from
the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into
drinking water supplies.
Institutional Use
A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university,
or government owned or operated building, structure, or land used for public purpose.
Interested Person
For purposes of quasi-judicial hearings an interested person is one who has standing as that term is
defined by applicable North Carolina statutory and case law.
Junk Yard
An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling,
buying or selling scrap or used materials such as paper, metals, rubber, rags, glass,wrecked, used or
dismantled products and articles, such as machinery, vehicles, appliances and the like.
Junked or Wrecked Motor Vehicles
Motor Vehicles which do not display a current license plate or a current registration sticker and which
either: (a)are partially dismantled or wrecked, or(b) cannot be self-propelled or moved in the manner in
which originally intended to move.
Kennel (Class 1)
134 Staff is suggesting that the definitions for the three types of Industrial uses(Light,Medium,and Heavy)be
amended as shown. The existing definitions are somewhat ambiguous as"adverse impacts"can be difficult to
define(and are not defined);for example,is an increase in traffic volume of 20 trips per day"adverse"? Some
people might contend that it is. Staff believes that the proposed definitions more clearly state the intent of the use
type and providing examples of the types of uses adds clarity to the definition. The definitions shown in orange text
were presented at the November 21,2011 quarterly public hearing. At the February 7,2012 BOCC meeting,the
BOCC directed staff to come back with a revised definition for"Industrial,Medium"to include language regarding
the expected extent of impacts. The text shown in purple is staffs recommended addition to address the BOCC's
concern.
Orange County,North Carolina—Unified Development Ordinance Page 10-15