Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - 04-17-2012 - 6f
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 17, 2012 Action Agenda Item No. (o'-F SUBJECT: Amendments to Unified Development Ordinance (UDO/Zoning 2012-01) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan/Future Land Use Map Shannon Berry, 245-2589 and Unified Development Ordinance (UDO) Craig Benedict, 245-2592 Amendment Outline Form (CP 2012-01) 2. Unified Development Ordinance Amendments—Ordinance of Approval 3. Draft Minutes— February 27, 2012 QPH 4. Draft Minutes— March 7, 2012 Planning Board Meeting PURPOSE: To receive the Planning Board recommendation, close the public hearing, and make a decision on Planning Director initiated amendments to certain sections of the Orange County Unified Development Ordinance. BACKGROUND: The Unified Development Ordinance (UDO)was adopted by the BOCC on April 5, 2011. Development of the UDO included limited modifications to existing development regulations but did not include changes to the Table of Permitted Uses. A thorough assessment of the Table of Permitted Uses has been considered, however, it is not being proposed at this time. The amendments proposed include only modifications to the uses permitted in the existing EDBA zoning district and an abbreviated list of uses specifically excluded for consideration as a Conditional Use District when proposed for those land uses in the County targeted for non-residential or higher intensity residential development. The proposed amendments are intended to broaden the development options in the Buckhorn Economic Development District and other targeted areas of the County designated as Economic Development Transition Activity Node and Commercial-Industrial Transition Activity Node on the County's Future Land Use Map. The proposed amendments include modifications to the permitted uses in the EDBA zoning district, applicable within the Buckhorn Economic Development District. At this time, the EDBA zoning district has not been applied to the Official Zoning Atlas. The proposed changes consist primarily of adding retail and service uses to those uses permitted by right within that district, should property be rezoned to EDB-1. Proposed modifications also include a reduction in the number of uses excluded from the Conditional Use process within the Economic Development Transition Activity Node and Commercial-Industrial Transition Activity Node land use classifications. Section 5.1.4 currently lists a number of uses which are specifically excluded from the Conditional Use option, County- wide. The proposed changes will allow a few of those previously excluded uses to be proposed as a Conditional Use within the Economic Development Transition Activity Node and 2 , Commercial-Industrial Transition Activity Node land use classifications. The existing list of exclusions is proposed to remain in effect for all other land use classifications. The Ordinance of Approval is provided as Attachment 2 and includes the recommended amendments to the Unified Development Ordinance shown in red-line/strike-through format. Public Hearing The proposed Unified Development Ordinance amendments were heard at the February 27, 2012 joint public hearing. No members of the public spoke on the proposed UDO amendments. The draft minutes of this meeting are provided as Attachment 3. Public Hearing Procedural Information In accordance with Section 2.8.8 of the Unified Development Ordinance, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board's recommendation. Additional oral evidence may be considered by the Planning Board only if it is for the purpose of presenting information also submitted in writing. The public hearing is held open to a .date certain for the purpose of the BOCC receiving the Planning Board's recommendation and any submitted written comments. No written comments were received prior to the March 7, 2012 Planning Board meeting. Planning Director's Recommendation The Planning Director recommends approval of the proposed UDO amendments based on the following: A. Th e UDO amendments are reasonably necessary to promote the public health, safety, and general welfare and to achieve the purposes of the adopted Comprehensive plan or part thereof; and, B. Th a UDO amendments are consistent with the goals and policies of the adopted Comprehensive Plan. Planning Board Recommendation The Planning Board reviewed the proposed Unified Development Ordinance amendments at the March 7, 2012 meeting. The Planning Board voted unanimously to recommend approval of the proposed amendments as included in Attachment 2. The minutes for the March 7, 2012 Planning Board meeting are provided in Attachment 4. FINANCIAL IMPACT: Funds for the legal advertisement were included in the FY 2011-12 Budget. Existing Planning staff has coordinated the processing of the amendments and associated costs are included in the departmental staffing budget. RECOMMENDATION: The Manager recommends the Board: 1. Receive the Planning Board recommendation of approval; 2. Close the public hearing; and 3. Adopt the Ordinance of Approval for the Unified Development Ordinance amendments contained within Attachment 2. Attachment 1 3 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO /Zoning-2012-01 A. AMENDMENT TYPE Mau Amendments ❑ Land Use Element Map: From: - - - To: - - - ❑ Zoning Map: From: -- - To: - - - ❑ Other: Text Amendments ❑ Comprehensive Plan Text: --- -............_..........__.......................-.....__.........._._...._...........-._.......................-................................_.........................--............................................_..._._..._.. ........................._...................................................-. Section(s): ® U DO Text: ®UDO General Text Changes ®UDO Development Standards ❑UDO Development Approval Processes Section(s)._.....Sections.5.1.4 and 5..2......................................._........................................_....._...._......._............... . ....-........ ......................................._..-..............-... ............... .............._...................................._................................._..................................._............_........._......._._........._..........................................._.........._.........._..............................._......_.._.................................................................._.............._ ❑ Other: B. RATIONALE 1. Purpose/Mission The purpose of the proposed amendments is to create additional economic development options in the areas of the County currently designated for higher intensity development, specifically those areas designated as Economic Development Transition Activity Node or Commercial-Industrial Transition Activity Node on the County's Future Land Use Map. 1 2. Analysis ..................................... .............................................................................................................................. ................... .......................................................................................................................................................... The proposed amendments are intended to broaden the development options in the Buckhorn Economic Development District and other targeted areas of the County designated as Economic Development Transition Activity Node and Commercial- Industrial Transition Activity Node on the County's Future Land Use Map. The proposed amendments include modifications to the permitted uses in the EDB-1 zoning district, applicable within the Buckhorn Economic Development District. At this time, the EDBA zoning district has not been applied to the Official Zoning Atlas. The proposed changes consist primarily of adding retail and service uses to those uses permitted by right within that district, should property be rezoned to EDBA. Proposed modifications also include a reduction in the number of uses specifically excluded from the Conditional Use process within the Economic Development Transition Activity Node and Commercial-Industrial Transition Activity Node land use classifications. Section 5.1.4 currently lists a number of uses which are specifically I excluded from the Conditional Use option, County-wide. The proposed changes will allow a few of those previously excluded uses to be proposed as a Conditional Use within the Economic Development Transition Activity Node and Commercial-Industrial Transition Activity Node land use classifications. The existing list of exclusions is proposed to remain in effect for all other land use classifications. .................................................................................................................................................___............................................. ............................. ................................................................................................... 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) ..............................._......_............I...._.................................. ...................................................................................... ......................................................................................................I--......................................... • Objective ED-1.6: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. • Obiective ED-1.8: Explore policies to use in attracting and encouraging development of companies and enterprises that will build and expand upon the County's economic base. • Objective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses in the County. • Objective ED-2.6: Identify areas that are desirable and attractive to major corporate users with access to public transportation networks and possibly rail. • Objective ED-2.7: Select industrial sites in Economic Development Areas based on present and planned supporting systems, such as public water and sewer, access to adequate highway, rail, or public transportation infrastructures, and minimize detrimental environmental or negative social outcomes. (See also Water and Wastewater Objective WW-15.) • Obiective ED-2.8: Adjust ongoing designation and zoning of Economic Development Districts to avoid the area designated as the Rural Buffer. (See also Land Use Objectives LU-3.1 and LU-3.3.) • Obiective H-1.5: Ensure that a variety of housing types can be developed throughout the County in a sustainable manner that locates housing near employment centers and commercial centers and that efficiently uses existing and planned public services. (See also Land Use Objectives LU-1.1 and LU_ 6.2, Economic Development Objective ED-3.5, and Water and Wastewater Objective WW-2.) 2 .................. ............ 5 • Obiective LU-11.11: Coordinate the location of higher intensity high density residential and non-residential development with existing or planned locations I of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) • Objective LU-3.1: Discourage urban sprawl, encourage a separation of urban and rural land uses, and direct new development into areas where necessary community facilities and services exist through periodic updates to the Land Use Plan. (See also Economic Development Objective ED-2.8.) • Objective LU-3.9: Create new zoning district(s) which allow for a mixing of commercial and residential uses, a mixing of housing types, and creates a more pedestrian friendly development pattern. New districts should be applied in areas where public services exist or are planned for in the future, in areas that promote higher intensity and high density uses on the Land Use Plan map. ❑Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 4. New Statutes and Rules N/A ............................... .........................-............................................ .................................................--------- .......................... C. PROCESS 1. TIMEFRAMEIMILESTONES/DEADLINES a. BOCC Authorization to Proceed ........... ..............'..._._................................................................ November 1, 2011 ...............................................................................................................................-......... ............................. .....................................................................I.............................................. b. Quarterly Public Hearing February 27, 2012 ..................................... ................... ............. .......... .... ................ .. ........- c.* BOCC Updates/Checkpoints ................................................. .......................................... .................................. ......................................................................................................... Legal ad approval— February 7, 2012 ........... .................................. .....................................- .............................. .......................... ...........- d. Other ................. 3 2. PUBLIC INVOLVEMENT PROGRAM .................................................................... .................................. I.................. ....................... ..........I................ .... ....... Mission/Scope: The public hearing process followed is specified in the Orange County UDO and is consistent with NC General Statutes. .................... .................................. ........................... a. Planning Board Review: . ......... January 4, 2012-Planning Board Ordinance Review Committee (ORC) .March 7, 2012— Planning Board Review and Recommendation ............. ........... .......................I...... ....................... ................ ........ b. Advisory Boards: N/A c. Local Government Review: N/A d. Notice Requirements The public hearing was advertised in accordance with Section 2.8.7 of the Orange County UDO. e. Outreach: ........... ........................... .......................................... .......... ❑ General Public: ................ ........................................................ .......... ............. ...................................... Small Area Plan Workgroup: ................... .......... ....................................................................................... ................... .......... ........... F-1 Other: 3. FISCAL IMPACT ..... ........................._............._........................................................................... ............................................... .................................... . ........................................- ........... .............................. Consideration and approval of the proposed amendments will not create the need for additional funding. Existing Planning staff will research and write amendments, as well as coordinate processing and reviews. Associated advertising costs were includedin the FY1 1-12 Budget................................................................... .............. ...............1............. ................... ...................................................... .................................................... ............................................................. D. AMENDMENT IMPLICATIONS ......................__............................I I................................................I ...............I I.............. ........ ...........I——........ ................ The primary purpose of the proposed amendments is to create additional development options within the areas of the County slated for water and wastewater services and targeted for development. The proposed modifications to the EDBA zoning district will permit retail uses and restaurants by right, as well as limited multi-family residential and other related office/service uses. At this time, the EDBA zoning district has not been utilized and can only be applied to the Official Zoning Atlas through a rezoning. In addition to the modifications to the EDBA zoning district, the amendments proposed include revisions to section 5.1.4 to reduce the Conditional Use exclusions for properties within the Economic Development Transition Activity Node and Commercial-Industrial Transition Activity Node land use classifications only. If approved, certain uses 4 previously excluded from consideration as a Conditional Use could b"e'proposed as a Conditional Use within those two land use classifications. ...................... ........... .......................... .................................................— ................... .... ........................ ........... E. SPECIFIC AMENDMENT LANGUAGE Please see Attachment 2. .... ........ Primary Staff Contact: Shannon Berry, Special Projects Planner Planning & Inspections 919.245.2589 sberry@co.orange.nc.us I 5 rr�� nn Attachment 2 8 Ordinance#: 0 I _ a 0 a AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, Orange County would like to broaden the development options in the designated growth areas of the County, and WHEREAS, County staff has conducted a review of development regulations contained in the Unified Development Ordinance and it has been determined that some development regulations limit development potential in growth areas intended for economic development, 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 purposes of the adopted Comprehensive Plan, and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and 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, North Carolina, that the Unified Development Ordinance of Orange County is hereby amended as follows: = Proposed Text t4k-ethr�trg�= Deleted Text REMAINDER OF PAGE INTENTIONALLY LEFT BLANK i Article 5: Uses 9 Section 5.1: Establishment of Use Regulations (C) In addition to the listing of such uses, the Board of County Commissioners intends that the general standards and the more specific requirements established herein, shall be used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as appropriate, to direct deliberations upon application or the approval of Special Uses. (D) It is the express intent of the Board of County Commissioners to delineate the areas of concern connected with each Special Use and to provide standards by which applications for such Special Use shall be evaluated. (E) Establishment of Classes of Special Uses; Authority To Approve or Disapprove There are hereby established the following classes of Special Uses which shall be approved or disapproved as shown: (1) Class A-Approved or disapproved by Board of County Commissioners (2) Class B-Approved or disapproved by Board of Adjustment 5.1AConditional Uses (A) The Board of County Commissioners is mindful of its responsibility to protect the public health, safety and general welfare of the residents of Orange County and intends to encourage development within the County consistent with that purpose. (B) The Board of County Commissioners also recognizes that certain uses are appropriate for development in Orange County but their location and site development specifics cannot be predetermined or regulated through the use of a general zoning district designation and conventional standards. (C) Conditional Uses and Conditional Use Districts are hereby established and shall be reviewed in accordance with the provisions of this Ordinance. (D) Permitted Uses (1) Any use listed as Permitted by Right or by Special Use Permit on the Table of Permitted Uses may be approved as a Conditional Use within a Conditional Use District, unless expressly excluded in Section 5.1.4(E) of this Ordinance. (2) Permitted uses are subject to all general and specific standards of approval for that use, as established within this Section. (E) Exclusions' (1) Unless otherwise noted in Section 5.2,the following uses shall not be considered or approved as a Conditional Use District within the Commercial- Industrial Transition Activity Node or Economic Development Transition Activity Node land use classifications, as designated by the adopted Comprehensive Plan: (a) Airports, General Aviation, Heliports, S.T.O.L, (b) Class II Kennels, (c) Commercial Feeder Operation, (d) Crematoria, (e) Extraction of Earth Products, (f) Junkyards, (g) Landfills(less than 2 acres), (h) Landfills(2 acres or more), 1 Proposed changes to text shown in red-line/strikethrough format; formatting changes are not Orange County,North Carolina—Unified Development Ordinance Page 5-2 Article 5: Uses 10 Section 5.1: Establishment of Use Regulations (i) Military Installations(National Guard & Reserve Armory), 0) Residential Hotel(Fraternities, Sororities, and Dormitories), (k) Riding Stables, (1) Sawmills, (m) Stockyards, and (n) Waste Management Facility; Hazardous&Toxic (2) For all land use classifications other than the Commercial-Industrial Transition Activity Node or Economic Development Transition Activity Node, the following uses shall not be considered or approved as a Conditional Use District: (a) Airports, General Aviation, Heliports, S.T.O.L, (b) Bus Terminals&Garages, (c) Class II Kennels, (d) Commercial Feeder Operation, (e) Crematoria, (f) Drive-In Theaters, (g) Extraction of Earth Products, (h) Farm Equipment&Sales, (i) Feed, Seed, Storage& Processing, 0) Funeral Homes, (k) Health Services: Over 10,000 square feet, (1) Hospitals, (m) Hotels & Motels, (n) Industrial, Light, (o) Industrial, Medium, (p) Industrial, Heavy, (q) Junkyards, (r) Landfills (less than 2 acres), (s) Landfills (2 acres or more), (t) Military Installations(National Guard& Reserve Armory), (u) Motor Freight Terminals, (v) Motor Vehicle Maintenance &Repair(Body Shop), (w) Motor Vehicle Repair Garage, (x) Petroleum Products: Storage& Distribution, (y) Research Facility, (z) Residential Hotel (Fraternities, Sororities, and Dormitories), (aa) Riding Stables, (bb) Sawmills, (cc) Stockyards, (dd) Storage of Goods, Outdoor, Orange County,North Carolina—Unified Development Ordinance Page 5-3 Article 5: Uses 11 Section 5.1: Establishment of Use Regulations (ee) Waste Management Facility; Hazardous &Toxic, and (f) Wholesale Sales. II Orange County,North Carolina—Unified Development Ordinance Page 5-4 Permitted Article 5: Uses Section 5.2:Table of 5.2.1 Table of Permitted Uses-General Use SECTION 5.2: TABLE OF PERMITTED USES Districts Use may not be permitted as a Conditional Use District;Peffnitted only iA zoning diStFiGtS TABLE OF PERMITTED USES-GENERAL USE ZONING DISTRICTS '=PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE D=SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 R2 R3 R4 R5 R8 R13 LCi NC2 CC3 GC4 EC5 OI AS EI l 1 12 13 PID AGRICULTURAL USES Agricultural Services Uses Commercial Feeder Operation- Farm Equipment&Sales- Feed,Seed,Storage&Processing- Riding Stables- - 0B 0-..-----DO--�-.--- Stockyards- Center in a Residence for 3 to 12 Children Libraries Non-Profit Educational Cooperative A Schools: Dance,Art&Music Schools: Elementary,Middle&Secondary A A A A A A A A A A Schools: Vocational ---.--5----©©-©---©�- Universities,Colleges&Institutes COMMERCLALUSES Banks&Financial Institutions Beauty&Barber Shops Bed&Breakfast • Development Ordinance ' I 13 I' I I Article 5: Uses Section 5.2:Table of Permitted Uses 5.2.2Table of Permitted Uses—Economic Development Districts TABLE OF •USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL (REZONING GENERAL USE ZONING DISTRICTS USE TYPE BUCKHORN .. ENO EDD HILLSBOROUGH EDD •- . . • • #Shall be noted on Zoning Atlas as"Zoning District"—CU(e.g.,EDB-2-CU) AGRICULTURAL USES Animal hospital/veterinarian C# C# Kennel,Class I C# Kennel,Class II B B CONSTRUCTION Building contractors Construction(Sector 23)(Hillsborough EDD only; all activities must be wholly within building) Plumbing,heating,electrical,and similar trade contractors FINANCE Banks,savings and loans,and credit unions Credit agencies and institutions G#' Finance&Insurance(Sector 52) Insurance carriers and agents G#' Real estate agents and brokers G#. Security and commodity brokers,and investment , offices GOVERNMENT Governmental facilities and office buildings (including solid waste collection centers Governmental protective services(Police and fire stations,rescue squads,and volunteer fire departments) Parks,public and non-profit Orange County,North Carolina—Unified Development Ordinance Page 5-11 14 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF • • DEVELOPMENT PERMITTED USE A CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE DISTRICTS GENERAL USE ZONING •• ENoEDD HILLSBOROUGH EDD #Shall be noted on Zoning Atlas as"Zoning District"—CU(e.g.,EDB-2-CU) Public Administration(Sector 92) INFORMATION Information(Sector 51) MANUFACTURING,ASSEMBLY&PROCESSING Manufacturing(Sector 31-33)(Hillsborough EDD only;all activities must be wholly within buildin Electronic Equipment(see listing below) Communications equipment Electric lighting and wiring equipment Electric transmission and distribution Electrical industrial apparatus Electronic components and accessories Household appliances Radio and television receiving equipment Fabricated Metal Products(see listing below) Cutlery and hand tools Fabricated structural metal products Heating equipment,except electric and warm air;and plumbing fixture Metal cans and shipping containers Nuts,bolts,screws,rivets,and washers Food Products(see listing below) Bakery Bottling plants Dairy Orange County,North Carolina—Unified Development Ordinance Page 5-12 15 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF ■USES—ECONOMIC DEVELOPMENT PERMIT-FED USE A CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL (REZONING DISTRICTS GENERAL USE ZONING #Shall be noted on Zoning Atlas as"Zoning District"—CU(e.g.,EDB-2-CU) Miscellaneous food preparation;e.g., coffee roasting,condiments, confectionary products,etc. Industrial Machinery(see listing below) Engines and turbines Farm/garden machinery and equipment General industrial machinery and equipment;e.g.,purification equipment, ball and roller bearings,etc. Metalworking machinery and equipment Office,computing,and accounting * , machines Special industrial machinery;e.g.,textile machinery Instruments(see listing below) Measuring,analyzing,and controlling instruments Photographic,medical,and optical goods Watches and clocks Paper Products(see listing below) Converted paper and paperboard products Paperboard containers and boxes Furniture and Fixtures(see listing below) Household and office furniture Miscellaneous furniture and fixtures Pharmaceutical Products Printing and Publishing Establishments Orange County,North Carolina—Unified Development Ordinance Page 5-13 16 IIII Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF .USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS #Shall be noted on Zoning AUas as"Zoning District"—CU(e.g.,EDB-2-CU) Rubber and Plastic Products(see listing below) Miscellaneous plastic products;e.g., plastic pipe,packaging materials,etc. Rubber and plastic footwear Rubber and plastic hose and belting Stone,Glass,Clay,and Concrete Products(see listih below Cut stone products C# C# Flat glass Glass and glassware Pottery and related products Transportation Equipment(see listing below) Miscellaneous transportation equipment; e.g.,motor vehicle components Motorcycles,bicycles,and parts Miscellaneous Manufacturing Industries(see listing below Jewelry and silverware Miscellaneous manufacturing industries; e.g.,costumejewelry,novelties,buttons, etc. Musical instruments Pen,pencils,office,and artist supplies Toys,sporting,and athletic goods RECREATION Arts,Entertainment&Recreation(Sector 71) FRESIDENTIAL Orange County,North Carolina—Unified Development Ordinance Page 5-14 17 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF •USES—ECONOMIC DEVELOPMENT DISTRICTS •USE A CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL (REZONING DISTRICTS GENERAL USE ZONING USE TYPE BUCKHORN •r ENoEDD HILLSBOROUGH EDD • • • • • • • • #Shall be noted on Zoning Atlas as"Zoning District"—CU(e.g.,EDB-2-CU) Dwelling,single-family Dwelling,two-family Dwelling,multi-family(6-12 units per acre in the Hillsborough EDD Dwelling,multi-family(6+units per acre as part of mixed use development;maximum of 25%of development square footage) Dwelling,multi-family(6+units per acre) C# Dwelling,mobile home(For replacement of , a isting mobile home)e Temporary mobile home(For custodial care) D B B B Temporary mobile home(For occupancy during construction of permanent residential unit and for 30 days after issuance of Certificate of Occupancy) RETAIL Farm equipment sales C# C# Motor vehicle service station C# C# Motor vehicles,new and used,sales and rental C# C# Nightclubs,bars,and pubs (Only as accessory use to hotel,motel or restaurant Restaurants(carry-out,and general)when located in a service building,court or plaza,retail store,or enclosed mall consisting of multiple uses Restaurants(carry-out,drive irk and general)in a C# separate,free-standing building Restaurants(drive-in)in a separate,free-standing C# C# building 1=in Table denotes use currently permitted by right that is proposed to no longer be permitted by right in a particular zoning district Orange County,North Carolina—Unified Development Ordinance Page 5-15 18 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF .USES—ECONOMIC DEVELOPMENT PERMITTED USE A CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS USE TYPE BUCKHORN EDD ENO EDD HILLSBOROUGH EDD • • . . • #Shall be noted on Zoning AUas as"Zoning District"—CU(e.g.,EDB-2-CU) Retail Trade(Sectors 44,45;excluding Subsector 454 Non-store retailers)(Only Hillsborough EDD through Conditional Use District or MPD-CZ Retail trade,sales and rental of durable and convenience goods,merchandise,and equipment, C# including mail order houses,in a separate,free- standing building Retail trade,sales and rental of durable and convenience goods,merchandise,and equipment, including mail order houses,when located in a service building,court or plaza,or enclosed mall consisting of multiple uses. SERVICES Accommodation and Food Service(Sector 72) (Eating and drinking establishments are permitted only as accessory use to hotel,motel or restaurant;Hillsborough EDD only) Administrative&Support Services(Sector 561) Art/photographic studios C4` C# Assembly facility-300 or more person capacity C# Assembly facility-less than 300 person capacity C# Beauty and barber shops S# Churches Clubs and lodges,and social,fraternal,and union C# C# C# C# clubhouses Community center A A A A Day care facility B B Educational Services(Sector 61) Funeral homes C## C# Orange County,North Carolina—Unified Development Ordinance Page 5-16 19 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF .USES—ECONOMIC DEVELOPMENT DISTRICTS PERMITTED USE A CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE DISTRICTS GENERAL USE ZONING #Shall be noted on Zoning Atlas as"Zoning District'—CU(e.g.,EDB-2-CU) Golf driving and practice ranges Health Care&Social Assistance(Sector 62) Health services,including doctors and dentists 4 # offices,and medical and dental laboratories Hotels and motels * C# Indoor theaters C# Large day care home a B Laundry,dry cleaning,and shoe repair services 6#' C# Libraries S#• C# Management of Companies&Enterprises(Sector 53 Motor vehicle maintenance and repair(body shop) C# Other offices and personal services;e.g., attorneys,watch and jewelry repair,computer programming and data processing,employment 441 and travel agencies,advertising agencies,and accounting,engineering,architectural,and surveying offices Professional,Scientific&Technical Services Sector 54 Recreational facilities(Non-Profit) C# C# C# C# Recreational facilities(Profit) C# C# C# C# Repair service,electronic and appliance C# C# Research facility Schools,dance,art,and music C# Schools,elementary,middle,and high S#A A Schools,vocational C# C# Orange County,North Carolina—Unified Development Ordinance Page 5-17 20 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF •USES—ECONOMIC DEVELOPMENT DISTRICTS PERMITTED USE A CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL (REZONING DISTRICTS GENERAL USE ZoNiNG USE TYPE BuCKHORN •• ENo EDD HILLSBOROUGH EDD #Shall be noted on Zoning Atlas as"Zoning District'—CU(e.g.,EDB-2-CU) Other Services(Hillsborough EDD only) TRANSPORTATION Bus terminals and garages C# Elevated water storage tank (Permitted as accessory use without Special Use B B B Permit Postal and parcel delivery services Public utility stations and sub-stations,switching A A A A stations,and telephone exchanges Radio and television transmitting and receiving B B B , towers Rail/bus passenger shelter Storage and warehousing,inside building Storage of goods,outdoors (Accessory only and subject to screening) Surface and structure parking as principal use (When associated with a local or regional transportation goal such as mass transit or park- and-ride Transmission lines B B B B Transportation and Warehousing(Sector 48,49) Water and sanitary sewer pumping stations WHOLESALE TRADE Wholesale Trade(Sector 42) Durable Goods(see listing below) Automotive parts and supplies(In an enclosed building) Electrical goods Orange County,North Carolina—Unified Development Ordinance Page 5-18 21 Article 5: Uses Section 5.2:Table of Permitted Uses TABLE OF • • DEVELOPMENT DISTRICTS PERM17TED USE A CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS USE TYPE BUCKHORN D• ENO EDD HILLSBOROLIGH EDD • • • •H-3 EDHA EDH-5 #Shall be noted on Zoning Atlas as"Zoning District"—CU(e.g.,EDB-2-CU) Furniture and home furnishings Hardware,plumbing,and heating * , equipment and supplies Lumber and other construction materials Machinery,equipment,and supplies Sporting,recreational,photographic,and hobby goods;toys and supplies Non-Durable Goods(see listing below) Apparel and piece goods Beer,wine,and distilled alcoholic beverages Groceries and related products Paper and paper products Pharmaceuticals and cosmetics MISCELLANEOUS Accessory uses Historic buildings for non-residential/mixed use A A A A Orange County,North Carolina—Unified Development Ordinance Page 5-19 22 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 anyway 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 12012. SEAL Clerk to the Board of Commissioners • Excerpt of Draft Minutes Attachment 3 ] 23 1 2 DRAFT MINUTES 3 ORANGE COUNTY BOARD OF COMMISSIONERS 4 ORANGE COUNTY PLANNING BOARD 5 QUARTERLY PUBLIC HEARING 6 February 27, 2012 7 7:00 P.M. 8 9 10 The Orange County Board of Commissioners and the Orange County Planning Board 11 met for a Quarterly Public Hearing on Monday, February 27, 2012 at 7:00 p.m. at DSS Offices, 12 Hillsborough Commons, Hillsborough, N.C. 13 14 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners 15 Valerie P. Foushee, Barry Jacobs, Pam Hemminger, Earl McKee and Steve Yuhasz 16 COUNTY COMMISSIONERS ABSENT:Alice M. Gordon 17 COUNTY ATTORNEY PRESENT: John Roberts 18 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager 19 Michael Talbert and Deputy Clerk to the David Hunt (All other staff members will be identified 20 appropriately below) 21 PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford, Vice Chair Larry Wright, 22 Pete Hallenbeck, Mark Marcoplos, H.T. "Buddy Hartley", Johnny Randall, Andrea Rohrbacher, 23 Lisa Stuckey 24 PLANNING BOARD MEMBERS ABSENT: Judith Wegner, Rachel Phelps Hawkins, Maxecine 25 Mitchell, Alan Campbell 26 27 28 29 6. Unified Development Ordinance(UDO)Text Amendments -To review government- 30 initiated amendments to the text of the UDO to revise the Table of Permitted Uses for 31 EDB-1 (Section 5.2)to make the district more retail-oriented and to revise Section 32 5.1.4 to reduce the list of Conditional Use District exclusions within the land use 33 classifications targeted for non-residential development. 34 35 Planner Shannon Berry made a PowerPoint presentation. 36 37 Unified Development Ordinance (UDO)Amendments 38 UDO/ZONING 2012-01 39 Quarterly Public Hearing 40 February 27, 2012 41 Item C.6 42 43 Sections Proposed for Amendment 44 ❑ Section 5.1.4—Conditional Uses 45 ❑ Section 5.2.2—Table of Permitted Uses-Economic Development Districts (EDB-1 District 46 Only) 47 Purpose 48 To create additional economic development options in the areas of the County designated for 49 higher intensity development 24 50 Proposed Changes to Section 5.1.4 51 ❑ Reduce the List of Conditional Use Exclusions for the following Land Use Classifications: 52 ■ Commercial-Industrial Transition Activity Node 53 ■ Economic Development Transition Activity Node 54 55 Conditional Use Exclusions -Current 56 ❑ 32 uses not permitted as a Conditional Use 57 ❑ Countywide - no exceptions 58 59 Conditional Use Exclusions -Proposed 60 ❑ 14 uses not permitted as a Conditional Use in two land use classifications: 61 ■ Commercial-Industrial Transition Activity Node 62 ■ Economic Development Transition Activity Node 63 ■ Original list of 32 'Exclusions' remains in effect for all other land use 64 classifications 65 • 32 uses not permitted as a Conditional Use 66 • 14 uses not permitted as a Conditional Use 67 68 Proposed Changes to Section 5.2.2 69 ❑ Changes to EDBA Zoning District Only 70 ❑ Add uses to permitted list for EDBA Zoning District, including, but not limited to: 71 ■ Financial Institutions 72 ■ Restaurants 73 ■ Retail Establishments 74 ■ Medical Offices 75 ■ Multi-Family Dwellings (as part of mixed-use development) 76 77 Proposed Changes to Section 5.2.2 78 ❑ Remove uses from list of permitted uses in EDBA Zoning District, including, but not 79 limited to: 80 ■ Dwelling, Single-Family 81 ■ Dwelling, Two-Family 82 ■ Dwelling, Mobile Home 83 84 Recommendation 85 ❑ Receive the proposed amendments to the Unified Development Ordinance (UDO). 86 ❑ Conduct the public hearing and accept public, BOCC, and Planning Board comment on 87 the proposed amendments. 88 ❑ Refer the matter to the Planning Board with a request that a recommendation be 89 returned to the BOCC in time for the April 17, 2012 BOCC regular meeting. 90 ❑ Adjourn the public hearing until April 17,2012 in order to receive and accept the 91 Planning Board's recommendation and any submitted written comments. 92 Questions and Public Comment 93 25 94 Larry Wright made reference to page 17 and the issue of restaurant drive-ins. He said 95 that the issue of drive-in facilities was brought before the Board of County Commissioners. He 96 asked if this ever came back to the County Commissioners. He said that if this is left at the 97 bottom of page 17, then it implies that the County Commissioners have acted on it. 98 Shannon Berry said that it does not imply that the County Commissioners acted on it. It 99 went to the Economic Development Commission and it did not get brought forward. 100 Commissioner Jacobs said that the only place it is banned is in the Hillsborough EDD, 101 and Hillsborough ignores it. 102 Commissioner Yuhasz said that it could be approved as a conditional use and not as a 103 use by right. 104 105 A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz 106 to refer the matter to the Planning Board with a request that a recommendation be returned to 107 the BOCC no sooner than April 17, 2012 BOCC regular meeting; and adjourn the public hearing 108 until April 17, 2012 in order to receive and accept the Planning Board's recommendation and 109 any submitted written comments. 110 VOTE: UNANIMOUS 111 Excerpt from DRAFT Minutes DRAFT Attachment 4 26 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MARCH 7,2012 4 REGULAR MEETING 5 6 7 MEMBERS PRESENT: Brian Crawford (Chair), Eno Township Representative; Larry Wright (Vice-Chair), At-Large, Cedar -8 Grove Township; Alan Campbell, Cedar Grove Township Representative; Buddy Hartley, Little River Township 9 Representative; Lisa Stuckey, Chapel Hill Township Representative; Rachel Hawkins, Hillsborough Township 10 Representative; Peter Hallenbeck,Cheeks Township Representative; Maxecine Mitchell,At-Large Bingham Township; 11 12 13 MEMBERS ABSENT: Johnny Randall,At-Large Chapel Hill Township; Judith Wegner, Bingham Township Representative; 14 Mark Marcoplos,At-Large, Bingham Township;Andrea Rohrbacher,At-Large Chapel Hill Township; 15 16 17 STAFF PRESENT: Craig Benedict, Planning Director, Perdita Holtz, Planning Systems Coordinator; Michael Harvey, Current 18 Planning Supervisor; Shannon Berry, Special Projects Planner, Terry Hackett, Stormwater Resource Officer;Deb ra 19 Graham,Administrative Assistant II 20 21 22 Agenda Item 9: Unified Development Ordinance (UDO) Text Amendments - To make a recommendation to the 23 BOCC on government-initiated amendments to the text of the UDO to revise the Table of Permitted 24 Uses for EDBA (Section 5.2)to make the district more retail-oriented and to revise Section 5.1.4 to 25 reduce the list of Conditional Use District exclusions within the land use classifications targeted for 26 non-residential development.This item was heard at the February 27,2012 quarterly public hearing. 27 Presenter: Shannon Berry, Special Projects Planner 28 Shannon Berry: Reviewed abstract. 29 30 Larry Wright: There was some concern by the Commissioners about the coding. 31 32 Shannon Berry: The way this is set up, the asterisk is on our table of permitted uses as permitted by right. When you'try 33 to delete it, I have tried every way to get the line to go through the asterisk. I apologize for that. 34 35 Buddy Hartley: Didn't Commissioner Jacobs mention something about the restaurant drive in? 36 37 Shannon Berry: Larry mentioned the restaurant and the drive thrus and the questions about what happens when there 38 was talk of potentially banning them or removing them but nothing came up about that. 39 40 Brian Crawford: We sent it to a committee. 41 42 Shannon Berry: When it came here for the Ordinance Review Committee, we had a lengthy discussion about that and 43 decided that we probably don't want to open that can of worms. 44 45 Buddy Hartley: There is a difference between drive in and drive thru. 46 47 Shannon Berry: We tried to address that with the ORC by better defining them but that would open the whole thing again. 48 It would be interpreted that the drive in is also a drive thru. 49 50 Brian Crawford: Buddy, is that a statement for us to possibly pick that up again or just let it die. 51 52 Buddy Hartley: I think if there are any thoughts of banning, you can open up a lot of discrimination against people who 53 could be handicapped and can't go inside. 54 1 DRAFT 27 55 Larry Wright: I raised the issue at the QPH because I wasn't clear where the county stood on the unresolved matter 56 and I wanted to seek clarification with Commissioners present and hear their comments. I think the Commissioners 57 were saying there isn't anything that prohibits drive-ins. If someone wants to build a drive-in, they can. So long ago 58 the issue was sent to the Economic Advisory Commission to consider the Carrboro example of restrictions on drive-in 59 and drive-throughs. Commissioners are aware the advisory board's discussions didn't go anywhere." 60 61 Shannon Berry: We are proposing that a drive thru restaurant is not permitted by right but by conditional use. 62 63 Buddy Hartley: No, I don't think we should go there. 64 65 Michael Harvey: The Hillsborough Economic District has banned drive thrus. 66 67 Craig Benedict: They can approve it in theirs but if they submit it through our process, it would be prohibited by our 68 zoning. If it is annexed by Hillsborough,they can throw what our joint discussion was and approve it. 69 70 ' Lisa Stuckey: You are saying a drive thru would not be approved by the county;you have to have a conditional use. 71 72 Michael Harvey: There is language in the Hillsborough EDD that specifically states drive thru facilities are not permitted. 73 In the Orange County Hillsborough EDD. 74 75 Lisa Stuckey: Which is separate from the Town of Hillsborough. 76 77 Perdita Holtz: Hillsborough is regulated differently. They are regulated by SIC codes but there is language in the Orange 78 County UDO development standards for the Hillsborough EDD that drive thrus are not permitted in the Hillsborough EDD 79 which is the purple area in the middle of the map. 80 81 Pete Hallenbeck: This is perfectly reasonable. If we want to approve a restaurant that is a drive thru into the Buckhorn 82 area,'it is not permitted by right but you have to apply for it. 83 84 MOTION made by Lisa Stuckey to accept staffs proposal and forward it to the BOCC. Buddy Hartley seconded. 85 VOTE: Unanimous 86 87 2