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HomeMy WebLinkAboutORD-2012-021 Ordinance Amending the Unified Development Ordinance regarding Rural Economic Development Area Conditional Zoning DistrictOrdinance #: 201 2 - 2 ( AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY �b WHEREAS, the Orange County Board of County Commissioners appointed a NC Highway 57 Speedway Area Small Area Plan work group to bring forward recommendations for the study area; and WHEREAS, the Orange County Board of County Commissioners adopted the NC Highway 57 Speedway Area Small Area Plan report on August 21, 2007; and WHEREAS, the Small Area Plan report strongly encourages additional, compatible, and unique non - residential development opportunities in the area as denoted in the adopted NC Highway 57 Speedway Area Small Area Plan while balancing any adverse impacts to adjacent properties and the environment, and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, 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, 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 depicted in the attached pages. 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 c , seconded by Commissioner ��✓� , the foregoing ordinance was adopted this day of C 2012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoin e.Fopy of so much of the proceedings of said Board at a meeting held on S 4 , 2012 as relates in any way to the adoption of the foregoing aoAat said proceedings are recorde in the minutes of the said Board. / J WITNESS my hand and the seal of said County, this `Z- day of 2012. e`l- Qcvun. v t� rt �a�o Clerk to the Board of Commissioners UDO AMENDMENT PACKET NOTES The following packet details staff's proposed modifications to existing regulations and new standards governing the proposed Rural Economic Development Area Conditional Use (REDA-CZ-1) District. These amendments are based on comments/direction received by BOCC, Planning Board, and the Small Area Plan Work Group members at the November 1, 2012 BOCC meeting when the authorization to proceed was given, the November 3, 2012 Small Area Plan Work Group meeting, the December 7, 2012 Ordinance Review Committee meeting with the Planning Board, the February 27, 2012 Quarterly Public Hearing, and the April 4, 2012 Planning Board meeting. Staff has divided the proposed amendments into the following color coded Classifications: • Red lettering denotes additions/modifications to the existing text. • Red strikethrni g , lettering denotes suggested deletions to the existing text. • Red underlined lettering denotes revisions stemming from Quarterly Public Hearing comments or from the April 4, 2012 Planning Board meeting. • Bold/Underlined Blue text, with appropriate footnotes, to address modifications made after packet mailing was made to BOCC members. These amendments address improper language as well as incorporating edits requested by BOCC members at previous meetings. Only those pages of the UDO impacted by the proposed modifications have been included within this packet. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because the adding text may shift all of the text/sections downward. 3.3.3 Districts Established (A) Conditional Zoning Districts (1) Conditional Zoning (CZ) Districts are floating zoning districts, permitted within most land use designations allowing for the development of specific land uses, in accordance with established standards. (2) A CZ requires the approval of a rezoning by the Board of County Commissioners, approval of a site plan or Master Plan, and may include agreed-upon conditions of development. (3) The following CZ districts are hereby established: (a) Mobile Home Park (MHP-CZ) (b) Master Plan Development (MPD-CZ) (c) NC Highway 57 Speedway Area Rural Economic Development Area (REDA-CZ-1) ii • A A • ' • �' -� Tract size, min. (acres) none ' ' ' ' • Tract Front Setback No requirement[1] from ROW, min. (feet) Tract Side Setback, No requirement[1] min. (feet) The purpose of the NC Highway 57 Speedway Area Rural Economic Development Area Conditional Zoning (REDA-CZ-1) District is to encourage additional, compatible, and unique non-residential development opportunities in a predefined area of the County as identified within the adopted NC Highway 57 Small Area Plan. Further,this district is intended to provide existing non-conforming land uses an opportunity to become conforming through a development review process so that property owners can upgrade their existing business to address changing needs while recognizing, and being consistent with, local land use re uiations. APPLICABILITY Tract Rear Setback, No requirement[1] min. feet This district shall be located consistent with the parcels designated as Height, max. (feet) No requirement[1] "Rural Economic Development Area" within the aforementioned Small Area Plan, a map of which is provided herein for illustrative purposes only: Tract Floor Area Ratio, No requirement[1] max P"'a C-0y 3 e�cauY?r� i Flat Rave l F otxe ted r �L T'a q *�1tT.i. SaWhtF.i 94 ��Y t #' F-1 Ounflary Cevaty P Required Open Space No requirement[1] Ratio, min. r t Utten jy� Rnet !' Promcmd y I 1 t tCt.nn,'Rau tF�Myter Y`` �4cP=� yf r5uz{I Y.rthclz OfltiEC{,nC �t+'alct: F..,a z+'><� Ccrv9t�.� uy D�rrY fEGFC=-it DIMENSIONAL STANDARDS NOTES: Required Livability [1] The REDA-CZ-1 district is intended to allow for flexibility in Space Ratio, min. No requirement[1] dimensional standards. The overall development will be evaluated to ensure compatibility with surrounding properties and with the adopted Required Recreation No requirement[1] goal statements, policies, and action statements of the Small Area Space Ratio, min. Plan and with the policies and objectives of this Ordinance. Specific Required Pedestrian/ site design standards shall be incorporated into the Planning Landscape Ratio, min. No requirement[1] Department-approved Site Plan. D•-CZ-11 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Applications for the REDA-CZ-1 district shall be accepted only for parcels delineated as being suitable for non-residential development within the NC Highway 57 Speedway Area Small Area Plan adopted by the BOCC on August 21, 2007. 2. Potential uses shall be restricted to those listed as permitted for the REDA-CZ-1 District in Section 5.2.3. 3. Specific uses shall be limited to those approved by the Board of County Commissioners. Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. 5. Development within the conditional zoning district shall be subject to all applicable use standards detailed in Articles 5 and 6 of this Ordinance or provide creative alternatives that meet the intent and spirit of the regulations. 6. Applicants shall complete a comprehensive groundwater study to anticipate future usage to determine the appropriateness of a proposed land use. Such a study shall detail how much water is anticipated to be consumed,what amount of groundwater withdrawal is safe and sustainable in the immediate vicinity of the use, and if other wells will be affected by such withdrawals. 7. All new development shall limit groundwater withdrawals to not more than 240 gallons per day per acre. 8. No new development having a significant negative impact on existing roadways,traffic patterns or surface drainage patterns shall be permitted, unless an appropriate and viable solution has been approved to mitigate these conditions. EXCERPT FROM OF . USES—CONDITIONAL Z PERMITTED USE CONDITIONAL ZONING USE TYPE D• NOTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval AGRICULTURAL USES Agricultural Services Uses Commercial Feeder Operation Farm Equipment&Sales Feed, Seed, Storage&Processing Stockyards CHILD CARE&EDUCATIONAL FACILITIES Center in a Residence for 3 to 12 Children Child Care Facilities Libraries Non-Profit Educational Cooperative Schools: Dance,Art&Music Schools: Elementary, Middle&Secondary Schools: Vocational Universities, Colleges&Institutes COMMERCIAL USES Banks& Financial Institutions Beauty& Barber Shops Bed&Breakfast Bed&Breakfast Inn Construction (Sector 23) Contractors, Building&Trade Country Inn Finance&Insurance(Sector 52) Funeral Homes Garden Center(On Premises Sales) Greenhouses(No On Premises Sales) Greenhouses(On Premises Sales) Hotels&Motels Insurance Carriers&Agents Junkyards Kennels, Class I Kennels, Class II/Riding Stables Laundry& Dry Cleaning Services Management of Companies&Enterprises(Sector 53) EXCERPT FROM OF . USES—CONDITIONAL Z PERMITTED USE CONDITIONAL ZONING USE TYPE REIDA-CZ-1 NOTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval Massage, Business of Nightclubs, Bars, Pubs Offices&Personal Services, Class 1 Offices&Personal Services, Class 2 Offices&Personal Services, Class 3 Professional,Scientific&Technical Services(Sector 54) Real Estate Agents&Brokers Repair Service Electronic&Appliance Restaurants: Carry Out Restaurants: Drive In Restaurants:General Retail, Class 1 Retail, Class 2 Retail, Class 3 Storage of Goods, Outdoor Storage or Warehousing: Inside Building Studio(Art) Theater, Indoor or Outdoor(including Drive-ins) Tourist Home Wholesale Trade EXTRACTIVE USES Extraction of Earth Products GOVERNMENTAL USES Governmental Facilities&Office Buildings Governmental Protective Services(Police&Fire Stations) Rescue Squads,Volunteer Fire Departments Military Installations(National Guard&Reserve Armory) Public Administration (Sector 92) MANUFACTURING,PROCESSING&ASSEMBLY Assembly and Packaging Operations Including Mail Order Houses, But Excluding On-Premises Retail Outlets Industrial, Heavy Industrial, Light Industrial, Medium Manufacturing (Sector 31-33) Pharmaceutical Products Printing& Lithography Sawmills I ExCERPT FROM TABLE OF PERMITTED USES—CONDITIONAL ZONING DISTRICTS PERMITTED USE CONDITIONAL • DISTRICTS USE TYPE NOTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval MEDICAL USES Animal Hospitals;Veterinarians Health Services: Over 10,000 Sq. Ft. Health Services: Under 10,000 Sq. Ft Hospitals RECREATIONAL USES Arts, Entertainment&Recreation(Sector 71) Botanical Gardens&Arboretums Camp/Retreat Center Golf Driving and Practice Ranges Parks, Public&Non-Profit Recreational Facilities(Non-Profit) Recreational Facilities(Profit) Golf Course Race Track(Motorized, etc.)and Go-Kart Track Facilities) RESIDENTIAL USES Dwelling; Mobile Home Dwelling; Multiple Family Dwelling; Single-Family Dwelling;Two-Family Family Care Home Group Care Facility Rehabilitative Care Facility Residential Hotel(Fraternities, Sororities, and Dormitories) Rooming House TELECOMMUNICATIONS Telecommunication Tower—Stealth(75 feet or shorter) Telecommunication Towers(150 feet in height or shorter) Telecommunication Towers(greater than 150 in height) TEMPORARY USES Buildings, Portable Temporary Mobile Home(Custodial Care) Temporary Mobile Home(Use during construction/installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy AUTOMOTIVE/TRANSPORTATION Bus Passenger Shelter EXCERPT FROM OF • . • CONDITIONAL PERMITTED USE • USE TYPE D. NOTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval Bus Terminals&Garages Motor Freight Terminals Motor Vehicle Maintenance&Repair (Body Shop) Motor Vehicle Repair Garage 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 Utilities Elevated Water Storage Tanks Public Utility Stations&Sub-Stations, Switching Stations, Telephone Exchanges,Water&Sewage Treatment Plants Transmission Lines Water&Sanitary Sewer Pumping WASTE MANAGEMENT Landfills(2 Acres or More) Landfills(Less Than 2 Acres) Waste Management Facility; Hazardous&Toxic MISCELLANEOUS Accessory Uses Airports, General Aviation, Heliports,S.T.O.L. Assembly Facility Greater Than 300 Occupants Assembly Facility Less Than 300 Occupants Cemetery Church Clubs or Lodges; Social; Fraternal or Union Clubhouses Community Center Crematoria(4) Historic Sites Non-Residential/Mixed Use Information (Sector 51) Research Facility Research Lands&Installations, Non-profit 5.7.5. Race Track (Motorized, etc.) and Go-Kart Track Facilities (A) A formal site plan shall be submitted showing the current and proposed conditions of the property, including: (1) Existing impervious surface calculations, (2) Location of stormwater retention sites, (3) The location of all structures and their distance from all property lines, (4) The location of the septic field and repair areas, (5) The location of petroleum storage containers and re-fueling areas, (6) The location of all existing vegetation and buffer areas, (7) All parking areas including internal traffic circulation patterns for the property, and (8) All other required information outlined within Section 2.5 of this Ordinance. (B) Prior to any land disturbing activity on the property, including the expansion of any existing uses, the property shall be brought into compliance with Section 6.15 of this Ordinance. (C) _ form 0 --—--- (-11 Gene Fall y nat Fa-li". the Perirr.eta- r`f+h.. .r r.&r...,-...... � A 50-foot wide landscaped buffer shall be installed along any portion(s) of property with public road frontage in accordance with the provisions of Section 6.8 of this Ordinance. In those instances where there are existing structures or vehicular use areas already encroaching into the required landscaped area, the applicant shall condense the required plantings into the un- encroached landscaped area. The ultimate intent of this landscape area, for existing and new facilities, is to: (1) Provide noise attenuation, (2) Shield the direct view of the activities from surrounding residential uses, (3) Provide formal, defined, entries into the facility, and (4) Naturalize the perimeter. 2 (D) A 200-foot landscape and conservation buffer/easement shall be established along the all other property perimeters. NG "onotati„r, Within this area shall be disc Fbed. The entire forest canopy shall be actively maintained and managed at all height levels as a semi-opaque, intermittent visual buffer. Land use buffers may be modified to improve their appearance, functions and overall condition. Permitted modifications may include reforestation, woodland management, landscape enhancement, or stream buffer protection. 3 (E) Existing and proposed signage shall comply with Section 6.12 of this Ordinance. (F) The facility owner shall demonstrate compliance with Section 6.9 of this Ordinance and, specifically, complete the following: 'Language deleted by staff on June 5,2012—more specific explanation is detailed below. 2 Proposed language was confusing and did not properly incorporate suggestions from BOCC and Planning Board members. Staff has since revised the language in bold blue and underlined text to incorporate applicable comments and suggestions. The revised section also provides additional detail on the scope and intent of the required landscape area. s Red underlined text was added by staff after the April Planning Board meeting to address Planning Board and County Commissioner concerns over ensuring the perpetual maintenance of the perimeter buffer. (1) Properly define and delineate the parking and travel lanes on the property, and (2). Define and delineate emergency vehicle access points and fire lanes on the property. (G) The facility owner shall work with NCDOT to complete a traffic intersection analysis for access points along any state-maintained road or highway to determine need for access improvements such as left turn lanes or deceleration lanes. (H) The facility owner shall work with NCDOT, the State Highway Patrol, and County officials to address traffic management issues to coordinate acceleration and deceleration lanes at approved entrance and exit points on the property during major events. (1) The facility owner shall work with NCDOT and County officials to post proper signage on the property directing traffic through a one-way ingress and egress location. (J) utter GGIlontien and ran y. gj systems A litter collection and recycling system shall be developed throughout the grounds and at all points of egress. During events facility employees shall remove trash from the receptacles in a timely manner. a (K) All new facilities shall install noise abatement systems to ensure compliance with applicable County noise regulations. For existing facilities, Noise OrdinaRGe, the property owner/managers shall provide a noise baffliRg abatement system so GenGtFUGted as reduce sustained noise levels at the property lines to the lowest practical level preSGribed levels. To accomplish this goal, he owners/managers have the options of employing, either singly or in combination, any ef�_—of the following: M Requiring all competition vehicles to have functional noise mufflers attached at all times; Installing a system of noise baffles, berms, or walls on the perimeter of the racetrack facility incorporated into the design and placement of any lighting system and viewing stands, and/or (3) Depressing the elevation of the raceway track surface, or a Language was changed to address comments made by Commissioner Jacobs at the February 27,2012 Quarterly Public Hearing. The concern here was that the original wording appeared to lend credence to the notion that somehow these `systems' should be considered separate entities rather than a coordinated, and approved,refuse disposal program. The revised language in bold blue and underlined text more closely reflects Commissioner Jacobs original request as articulated within the minutes. 'This new language,in bold blue and underlined text was added to address comments made by Commissioner Yuhasz over establishing a clear differential between existing and new racetrack developments. I (4) Some other innovative noise abatement baffliRg system. s OFd*naRGe shall be GGRdU Gted by a g alified aGG StiGal eRQinonr cry. c.�c�cca�crcarcrr�rrrccr: (L) Limits on racing activities shall be such that no race shall extend beyond 11:00 p.m. on Friday and Saturday nights, or beyond 9:00 p.m. on other evenings. Practice activities shall not commence before 10:00 a.m. on any day and shall cease by 9:00 p.m. (M) All external lighting fixtures shall comply with Orange County lighting standards (Section 6.11). (N) No storage of hazardous materials shall be permitted, except for racing fuel and lubricants. Such material storage areas shall be enclosed and posted and the Orange County Fire Marshal shall approve a pollution incident prevention plan for the storage facility prior to final occupancy permits. (0) If additional or accessory land uses are desired, the facility owner shall cause a new site plan to be created outlining the location and nature of the proposed new land use, demonstrating compliance with this Ordinance. (P) The County shall approve a construction schedule to complete the items listed above. 6 Number order and style were changed to coincide with UDO format rules of construction. New numbers are in bold blue and underline text. 'Language was deleted when staff determined that,technically,the enforcement officers responsible for addressing noise violations(i.e.Planning and Sheriff's Deputies)are not `qualified acoustical engineers'. The strict interpretation of this language would have meant that local County officials would not be qualified to determine compliance and,therefore,could also not determine non-compliance with noise readings.