HomeMy WebLinkAboutAgenda - 02-27-2012 - C6ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 27, 2012
Action Agenda
Item No. C -6
SUBJECT: Amendments to Unified Development Ordinance (UDO / Zoning 2012 -01)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Comprehensive Plan /Future Land Use
Map and Unified Development Ordinance
(UDO) Amendment Outline Form (UDO /
Zoning 2012 -01)
2. Proposed Amendments to Unified
Development Ordinance — red- line /strike-
through format
INFORMATION CONTACT:
Shannon Berry, 245 -2589
Craig Benedict, 245 -2592
PURPOSE: To hold a public hearing on Planning Director initiated amendments to certain
sections of the Unified Development Ordinance. See Attachment 2.
BACKGROUND: The Unified Development Ordinance (UDO) was adopted by the BOCC 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. These proposed
amendments include only modifications to the uses permitted in the existing EDB -1 zoning district
and an abbreviated list of uses specifically excluded for consideration as a Conditional Use District
when proposed for those land use classifications in the County targeted for non - residential
development.
Please see analysis in Attachment 1 for more information.
Attachment 2 includes the proposed amendments to the Unified Development Ordinance shown in
red -line /strike- through format.
Ordinance Review Committee (ORC) Review
The Planning Board ORC reviewed the proposed Unified Development Ordinance amendments at
the January 4, 2012 meeting. The proposed text in Attachment 2 includes modifications made
based on comments received at the ORC.
Notification Procedural Requirements
Legal ads for the public hearing were placed in a newspaper of general circulation in the County
in accordance with Section 2.8.7 of the Unified Development Ordinance.
FINANCIAL IMPACT: See Attachment 1.
1
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the proposed amendments to the Unified Development Ordinance as detailed in
this abstract and attachments.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the April 17, 2012 BOCC regular meeting.
4. Adjourn the public hearing until April 17, 2012 in order to receive and accept the Planning
Board's recommendation and any submitted written comments.
Attachment 1 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
LIDO / Zoning- 2012 -01
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From: ---
To: - - -
❑ Zoning Map:
From: - - -
To: - - -
❑ Other:
Text Amendments
❑ Comprehensive Plan Text:
Section(s):
® UDO 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
4
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
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
• Objective ED -1.5: Identify barriers to development of desirable businesses
and local businesses, and mitigate these barriers.
• Objective 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.)
• Objective 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.)
• Objective 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.)
• Objective LU -1.1: Coordinate the location of higher intensity / high density
residential and non - residential development with existing or planned locations
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. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
November 1, 2011
b. Quarterly Public Hearing
February 27, 2012
c. BOCC Updates /Checkpoints
Legal ad approval — February 7, 2012
d. Other
3
5
[:9
2. PUBLIC INVOLVEMENT PROGRAM
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
b. Advisory Boards:
N/A
c. Local Government Review:
N/A
d. Notice Requirements
The public hearing will be advertised in accordance with Section 2.8.7 of the
Orange County UDO.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
❑ 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
included in the FY11 -12 Budget.
D. AMENDMENT IMPLICATIONS
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 EDB -1 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 EDB -1 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 EDB -1 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
in
previously excluded from consideration as a Conditional Use could be 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
Attachment 2
Article 5: Uses
Section 5.1: Establishment of Use Requlations
(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
� t - .
(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.
(13) 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 Fight 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 If 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),
' 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
(2)
(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
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
Section 5.1: Establishment of Use Regulations j 1
(ee) Waste Management Facility; Hazardous & Toxic, and
(ff) Wholesale Sales.
Orange County, {North Carolina — Unified Development Ordinance Page 5 -4
Article 5: Uses
Section 5.2: Table of Permitted Uses
N
SECTION 5.2: TABLE OF PERMITTED USES
5.2.1 Table of Permitted Uses — General Use Zoninq Districts
TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS
= PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS
GENERAL USE ZONING DISTRICTS
USE TYPE
RB AR R1 R2 R3 R4 R5 R& R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID
me MW 111.1111 1 ilia
Agricultural Services Uses
Commercial Feeder Operation —
Farm Equipment & Sales —
0.4
Center in a Residence for 3 to 12 Children
Orange County, North Carolina — Unified Development Ordinance Page 5 -5
Article 5: Uses
Section 5.2: Table of Permitted Uses
5.2.2Table of Permitted Uses — Economic Development Districts
AGRICULTURAL USES
Animal hospital /veterinarian
C#
C#
Kennel, Class I
C#
Kennel, Class II
B
B
CONSTRUCTION
Building contractors
x
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
S#
Credit agencies and institutions
C# "
Finance & Insurance (Sector 52)
Insurance carriers and agents
Real estate agents and brokers
S#
K
Security and commodity brokers, and investment
offices
*
x
GOVERNMENT
Governmental facilities and office buildings
(Including solid waste collection centers
*
*
x
x
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 w
Article 5: Uses
Section 5.2: Table of Permitted Uses
.p
Public Administration (Sector 92)
INFORMATION
Information (Sector 51)
MANUFACTURING, ASSEMBLY & PROCESSING
Manufacturing (Sector 31 -33) (Hillsborough EDD
only; all activities must be wholly within building)
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
Article 5: Uses
Section 5.2: Table of Permitted Uses
7F tnau oe notea on z-oning 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
x
• Special industrial machinery; e.g., textile
machinery
Instruments (see listing below)
° Measuring, analyzing, and controlling
instruments
x
° Photographic, medical, and optical goods
° Watches and clocks
Paper Products (see listing below)
° Converted paper and paperboard
products
F
x
• 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 Cn
Article 5: Uses
Section 5.2: Table of Permitted Uses
rn
# Shall be noted on Zoning Atlas 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
listing below
• Cut stone products
C#
Cad
• Flat glass
Glass and glassware
a-
• 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., costume jewelry, novelties, buttons,
etc.
• Musical instruments
• Pen, pencils, office, and artist supplies
• Toys, sporting, and athletic goods
RECREATION
Arts, Entertainment & Recreation (Sector 71)
"
RESIDENTIAL
Orange County, North Carolina — Unified Development Ordinance Page 5 -14
Article 5: Uses
Section 5.2: Table of Permitted Uses
# Shall be noted on Zoning Atlas as "Zoning District' — CU (e.g., EDB -2 -CU)
Dwelling, single - family
�;I
Dwelling, two- family
20
Dwelling, multi - family (6 -12 units per acre in the
.1
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
existing mobile home
Temporary mobile home (For custodial care)
a
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 -in , and general) in a
*
se arate, free-standing building
C#
Restaurants (drive -in) in a separate, free - standing
building
C#
C#
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 v
Article 5: Uses
Section 5.2: Table of Permitted Uses
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
C#
Assembly facility - 300 or more person capacity
C#
Assembly facility - less than 300 person capacity
C#
Beauty and barber shops
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#
Orange County, North Carolina — Unified Development Ordinance Page 5 -16
R
Article 5: Uses
Section 5.2: Table of Permitted Uses
# 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
offices, and medical and dental laboratories
S#
Hotels and motels
C#
Indoor theaters
*
C#
Large day care home
B
Laundry, dry cleaning, and shoe repair services
6# *
C#
Libraries
6# *
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
and travel agencies, advertising agencies, and
accounting, engineering, architectural, and
surveying offices
a
Professional, Scientific & Technical Services
Sector 54
x
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
C# A
A
Schools, vocational
C#
C#
Orange County, North Carolina — Unified Development Ordinance
royc a- 1 r
cQ
Article 5: Uses
Section 5.2: Table of Permitted Uses
Other Services (Hillsborough EDD only)
-TRANSPORTATION
Bus termirvels, and garages
C#
Elevated water storage tank
(Permitted as accessory use without Special Use
Permit
B
B
B
Postal and parcel delivery services
Public utility stations and sub - stations, switching
stations, and telephone exchanges
A
A
A
A
Radio and television transmitting and receiving
towers
B
B
B
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
N
O
Article 5: Uses
Carfinn F 7• Tohh .,,' �.......:u..,a I i___
rr Q1ICIII UG I IUICU UI I LUI III l MLIdb a5 /-oning uisinci — cu (e.g., tuts- l -(,t1)
° 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
u ange �,ounry, roan Loarouna — Un'tied Development Ordinance
Page 5 -19
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