HomeMy WebLinkAboutAgenda - 10-21-1997 - 9l 1
ORANGECOUNTY
BOARD OF COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date October 21, 1997
Action Agenda
Item# 4,1
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT
Agricultural Service Districts
Article 4.3 Permitted Use Table
Article 22 Definitions
DEPARTMENT: PLANNING&INSPECTIONS PUBLIC HEARING: Yes X No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron
Extension 2580
Proposed Amendment TELEPHONE NUMBERS:
8/25/97 Public Hearing Minutes Hillsborough - 732-8181
10/1/97 Draft Planning Board Minutes Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To consider proposed amendments to the Zoning Ordinance pertaining to uses allowed in the
Agricultural Service zoning district.
BACKGROUND: During the May public hearing cycle, two requests were submitted for rezoning to the
Agricultural Service zoning district. One of the applicants intended to build a mini-
warehouse storage facility,a use which is inconsistent with the intent of the AS district
but is included in the list of permitted uses. Several years ago a similar rezoning
request in the White Cross area was denied. The Planning Staff initiated an ordinance
amendment to refine the scope of the Agricultural Service district before more
requests for rezoning are submitted.
When the Zoning Ordinance was first adopted in 1981,the Agricultural Service(AS)
District was included in Article 4 with language that remains unchanged. Since that time
the nature of some of the permitted uses has changed.For example,indoor storage and
warehousing now includes mini-warehouses and other storage uses that may not be
related to agricultural production or processing.
Agricultural Service is the only non-residential zoning district allowed in the
Agricultural-Residential Land Use Plan category outside of activity nodes. In much of
the County's jurisdiction(at least 63%),land may be rezoned to AS without a
Comprehensive Plan amendment. Consequently,it is important to adhere to the intent of
the district when reviewing permitted uses, so that inappropriate,non-rural uses
generating negative impacts to farming operations are not located throughout the county.
2
Agricultural service uses are also known as"agribusiness,"uses generally considered
commercial,not agricultural. Their function can be summarized as supportive in the
production of agricultural products or in the processing of those products to make them
marketable.Agricultural Service Uses is included as a listing in the Permitted Use
Table of the Zoning Ordinance.
Staff examined the intent of the district and the list of land uses permitted within it.
When preparing the proposed amendments,the Planning Staff consulted with the
American Planning Association,the Orange County Economic Development
Commission,and the Agricultural Districts Advisory Board. The recommended
changes to the ordinance are summarized as follows:
Revisions to Definitions
• The proposed revision to the definition of agricultural services will describe that
type of land use in general and provide additional examples of uses such as a
welding service and retail sales of farm and garden products, supplies,and
equipment.
• A definition of riding stable is also proposed to clarify that the category in the
Permitted Use Table refers to a commercial use,not a private facility.
Revisions to the Permitted Use Table
• to allow Agricultural Service uses in the General Commercial zoning district.
• Delete the following uses that are not consistent with the intent of the AS district:
S50 Storage of Goods,Outdoor
S51 Storage and Warehousing: Inside Building
S51 Studio(Art)
• Allow the following uses in the AS district:
P9 Extraction of Earth Products as a Class A Special Use
S3 Animal Hospitals;Veterinarians as a permitted use
The proposed amendments were presented at the public hearing on August 25.
Commissioner Gordon asked about the rationale for allowing the extraction of earth
products as a special use in the AS district. The use is currently allowed as a special use
in the Agricultural Residential zoning district. It is also similar to agriculture in that it is
considered land-based production.
No citizen comments were received at the hearing. The Board of Commissioners
referred the proposal to the Planning Board for a recommendation. On October 1,the
Planning Board voted unanimously to recommend approval of the proposed
amendments.
RECOMMENDATION: The Administration recommends approval of the proposed text amendments.
3
PROPOSED ORDINANCE AMENDMENT
[DST]
REFERENCE: ZONING ORDINANCE
Agricultural Service District
Article 4.3 Permitted Use Table
Article 22 Definitions
ORIGIN OF AMENDMENT: X Staff Planning Board
BOCC Public
Other:
EXPECTED PUBLIC HEARING DATE: August 25, 1997
Purpose of Amendment: To revise the definition of agricultural services, provide a definition of riding
stable, amend the list of permitted uses allowed in the Agricultural Service zoning district, and allow
Agricultural Service Uses in the General Commercial zoning district.
Impacts/Issues: When the Zoning Ordinance was first adopted in 1981,the Agricultural Service(AS)
District was included in Article 4 with the following description of intent This language remains unchanged
in the Ordinance:
The purpose of the Agricultural Service(AS)District is to provide sites in the rural portion of the
County for rural non-farm,non-residential uses which support the horticultural,silvicultural,and
agricultural uses of the Agricultural Residential districts.
Agricultural service uses are also known as"agribusiness,"uses generally considered commercial,not
agricultural. Their function can be summarized as supportive in the production of agricultural products or in
the processing of those products to make them marketable. In the Zoning Ordinance,"agricultural services"
are described as"commercial services such as soil preparation,crop,veterinary,animal and farm
management,landscaping and horticultural services,specialized commercial horticulture,and specialized
animal husbandry."
Land uses allowed in the AS District currently include:
Agricultural Service Uses Farm Equipment Sales
Accessory Uses Feed, Seed Storage and Processing
Botanical Gardens and Arboretum Greenhouses
Bus Passenger Shelter Commercial Feeder Operation
Church Class I Kennels
Governmental Protective Services Sawmills
Stealth Telecommunication Towers 75 Feet or Shorter Stockyards
Water and Sanitary Sewer Pumping Stations Storage of Goods,Outdoor
Storage or Warehousing: Inside Building Studio(Art)
(continued)
4
Land uses allowed in the AS District with a Special Use Permit:
Land Fills Elevated Water Storage Tanks
Public Utility Stations and Substations Telecommunication Towers Over 75 Feet
Switching Stations,Telephone Exchanges Transmission Lines
Water and Sewage Treatment Plants Class II Kennels/Riding Stables
Some of the uses listed above such as governmental services,churches,and bus passenger shelters are not
directly supportive of agriculture,but are uses permitted in almost all zoning districts.
Because of its specific,support service-oriented nature,Agricultural Service is the only non-residential
zoning district allowed in the Agricultural-Residential Land Use Plan category outside of designated
commercial activity nodes.In much of the County's jurisdiction(at least 63 0/6),land may be rezoned to AS
without a Comprehensive Plan amendment.Consequently,it is important to adhere to the intent of the
district when reviewing permitted uses,so that inappropriate,non-rural uses generating negative impacts to
farming operations are not located throughout the county.
This policy is articulated in the Land Use Element of the Comprehensive Plan with the following objective
under Goal Seven:
Encourage agricultural-related commercial and industrial uses consistent with the zoning district
Agricultural Service(AS)to locate at activity nodes,but allow their occurrence anywhere in the
Agricultural-Residential plan areas.
The existing definition of agricultural services in the Zoning Ordinance only lists examples of that type of
use.The proposed amendment is to revise the definition by adding language to define the category of land
use and list additional appropriate uses as examples. Since"agricultural service uses"is a listing on the
Permitted Use Table in Article 4,the examples listed under the definitions will be incorporated by reference
as permitted uses.
As part of the proposed amendment,the Permitted Use Table will be revised to allow AS uses in the General
Commercial zoning district.Three uses that are not consistent with the intent of the AS district will be
deleted from the list of permitted uses in that district.Other changes are listed below.
A definition of riding stable is proposed to make clear the intent of the ordinance to regulate stables as a
commercial use,not to require a special use permit for stables as accessory uses to a private residence or
farm.
Existing and proposed ordinance teat:
Article 43 Permitted Use Table Refer to the attachment which indicates the proposed changes listed
below:
P9 Extraction of Earth Products Class A Special Use in AS because it is land-based
production (currently a Special Use in AR)
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S2 Agricultural Service Uses Permitted Use in GC-4(in addition to AS)
S3 Animal Hospitals; Veterinarians Permitted Use in AS
S50 Storage of Goods, Outdoor Not permitted in AS except under S2 Agricultural
S51 Storage and Warehousing:Inside Building Service Uses and only when specified as storage
of agricultural products
S51 a Studio (Art) Not permitted because it does not support
agricultural production or processing
Can be allowed as a home occupation.
Article 22 Definitions(proposed text is underlined)
Agricultural Services-Commercial activities offering goods and services which support production of
agricultural products or processing of those products to make them marketable.Examples include,but are
not limited to,suel4s-soil preparation,_-eF9p,-*et@fffw5F,animal and farm management,landscaping and
horticultural services,specialized commercial horticulture,aFA-specialized animal husbandry,biocide
services retail sales of farm/garden products supplies and egpipment,equipment rental and repair service
tack shop farrier,blacksmith welding shol2s facilities for animal shows, animal sales and auctions,
agriculture-based clubs/meeting halls, storage of agricultural supplies and products and processing plants
for agricultural products including wineries and canneries.
Riding Stable A commercial facility where horses are sheltered fed groomed and bred.Typical accessory
uses may include riding instruction.horse shows and auctions a tack shop and storage of feed and supplies._
Ordinance Review Committee: 7/8/97
Agricultural Districts Advisory Board: 7/16/97
Planning Board: 10/1/97
BOCC:
9196443004 P.F
9/25/97 P0e1L.(a 9r-4e1A1 Hlti UT65 9
COMM EM ANDIOR QUESTIONS FROM CITIZENS: None
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis, to
refer the proposed amendment to the Planning Board for a recommendation to be returned to the
board of Commissioners no sooner than November 3, 1997.
VOTE: UNANIMOUS
(b) Agricultural Services
1) Article 4.3 Permitted Uses
2) Article 22 Definitions
This item was presented by Planner Emily Cameron in order to
receive citizen comment on proposed amendments to the Zoning Ordinance pertaining to uses
allowed in the Agricultural Service zoning district. During the last public hearing cycle, two
requests were submitted for rezoning to the Agricultural Service Zoning district. One of the
applicants intended to build a mini-warehouse storage facility, a use which is inconsistent with the
intent of the AS district but is included in the list of permitted uses. Several years ago a similar
rezoning request in the White Cross area was denied. The Planning Staff initiated an ordinance
amendment to refine the scope of the Agricultural Service district before more requests for
rezoning are submitted. Staff examined the intent of the district and the list of land uses permitted
within it. The recommended changes to the ordinance are summarized as follows:
Revisions to Definitions:
*The proposed revision to the definition of agricultural services will describe that type of land use in
general and provide additional examples of uses such as a welding service and retail sales of farm
and garden products, supplies, and equipment.
*A definition of riding stab/e is also proposed to clarity that the category in the Permitted Use Table
refers to a commercial use, not a private facility.
Revisions to the Peffnft3d Use Jable
*To allow Agricultural Service uses in the General Commercial zoning district
*To Delete the following uses that are not consistent with the intent of the AS district:
"S50 Storage of Goods, Outdoor
**S51 Storage and Warehousing: Inside Building
**S51a Studio(Art)
COMMEtlrT4 AND1011 er ESMNS FROM THE WARD OF COMMISSIONERS:
Commissioner Gordon asked for clarification of the item P9 Extraction of Earth Products.
Ms. Cameron indicated that this extraction of earth products is a land based use and is currently
allowed as a Special Use in the Agricultural Residential Zoning District. Planning staff felt that it
was consistent to allow it in the AS district because it is land based and is allowed in the same
land use plan category with a Special Use Permit
COMEWM AND R auESMNS FROM THE PLANNING BOARD: None
• None
P.03103
A motion was made b Commission Brown, 10
Y seconded by Commission Gordon, to refer the
proposed amendment to the Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than November 3, 1997.
VOTE: UNANIMOUS
D. END OF PUBLIC HEARING
Chair Crowther indicated that the Public Hearing would remain open, for written
comment only, until the Historic Preservation Commission and the Planning Board meet to discuss
these items.
E. DECISION ITEMS
I. ITEMS CONTINUED FROM 8120!97 COMMISSIONERS MEETING
a) Community Revitalization Loan Fund
This item was presented by Housing and Community Development Director
Tara Fikes for the purpose of approval of the operational guidelines for the newly established
Community Revitalization Loan Fund. A Community Revitalization Loan Fund was created in the
1997-98 Orange County HOME Consortium program design to provide funds to assist
low/moderate income families purchase existing housing. This was done In direct response to
citizen comments received during the development stage of the program design. Funds can be
used for acquiring property, rehabilitating the property, and/or second mortgage assistance. A
total of$60,000 has been allocated for this program this year.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown, to
approve the implementation guidelines for the Community Revitalization Loan Fund.
VOTE: UNANIMOUS
b) Mill Pointe Subdivision Preliminary Plan. Phases 3-7
This item was presented by Planner Eddie Kirk for the purpose of
considering the Preliminary Plan for Mill Pointe Subdivision. The property is located on the east
side of Mill Creek Road (SR 1343)at the Cedar Grove-Cheeks Township line between High Rock
Road(SR 1340)and Charlie's Dead End Road(SR 1347). Current zoning is Rural Residential
south of the township line,Agricultural Residential north of the township line, and Back Creek
Protected Watershed. Phases 1 and 2 of Mill Pointe are located across Mill Creek Road and were
completed In 1995. The Planning Board approved the conventional and conservation Concept
Plans for Mill Pointe Phases 3-7 on March 6, 1997. On July 2, 1997 the Planning Board, in a 9 to
3 vote, recommended approval of the Preliminary Plan for Mill Pointe Subdivision Phases 3-7
subject to the conditions contacted in the Resolution of Approval. That Resolution is In the
permanent agenda file in the Clerk's office.
Commissioner Halidatis commented that he was very interested In the number of children
actually residing In each of the homes in the subdivision when it Is complete. He felt that it would
be greater than projected by this Prefinary Plan.
Commissioner Gordon referred to the fiscal impact template. She commented that the
average sale price is andckmftd to be between$103,000 and$105,000. At that cost,the County
loses money. This is an Important issue to continue to discuss.
TOTAL P.03
to/i/9-1 V"FT FLAmslwri acAw m AioT!`5
11
The proposed amendments.were presented at the public hearing on August
25. No citizen or Board comments were received at that time. The Board
of Commissioners referred the proposal to the Planning Board for a
recommendation to be returned no sooner than November 3, 1997. (A copy
of the proposed amendments attached to these minutes on pages )
The Planning Staff recommends approval of the proposed text amendments.
MOTION: Brooks moved approval. Seconded by McAdams.
VOTE: Unanimous.
(2) Agricultural Services
Presentation by Emily Cameron.
This item is to consider proposed amendments to the Zoning Ordinance
pertaining to uses allowed in the Agricultural Services zoning district.
During the last public hearing cycle,two requests were submitted for
rezoning to the Agricultural Service zoning district. One of the applicants
intended to build a mini-warehouse storage facility,a use which is
inconsistent with the intent of the AS district but is included in the list of
permitted uses. Several years ago a similar rezoning request in the White
Cross area was denied. The Planning Staff initiated an ordinance
amendment to refine the scope of the Agricultural Service district before
more requests for rezoning are submitted.
When the Zoning Ordinance was first adopted in 1981,the Agricultural
Service(AS)District was included in Article 4 with language that remains
unchanged. For example,indoor storage and warehousing now includes
mini-warehouses and other storage uses that may not be related to
agricultural production or processing.
Agricultural Service is the only non-residential zoning district allowed in
the Agricultural-Residential Land Use Plan category outside of activity
nodes. In much of the County's jurisdiction(at least 63%),land may be
rezoned to AS without a Comprehensive Plan amendment. Consequently,it
is important to adhere to the intent of the district when reviewing permitted
uses,so that inappropriate,non-rural uses generating negative impacts to
farming operations are not located throughout the county.
Agricultural service uses are also known as"agribusiness,"uses generally
considered commercial,not agricultural. Their function can be summarized
as supportive in the production of agricultural products or in the processing
of those products to make them marketable. Agricultural Service Uses is
included as a listing in the Permitted Use Table of the Zoning Ordinance.
Staff examined the intent of the district and the list of land uses permitted
within it. When preparing the proposed amendments,the Planning Staff
consulted with the American Planning Association,the Orange County
Economic Development Commission,and the Agricultural Districts
12
Advisory Board. The recommended changes to the ordinance are
summarized as follows:
Revisions to Definitions
The proposed revision to the definition of agricultural services
will describe that type of land use in general and provide additional
examples of uses such as a welding service and retail sales of farm and
garden products,supplies,and equipment.
A definition of riding stable is also proposed to clarify that the
category in the Permitted Use Table refers to a commercial use,not a
private facility.
Revisions to the Permitted Use Table
to allow Agricultural Service uses in the General Commercial zoning
district. ,
Delete the following uses that are not consistent with the intent of the
AS district:
S50 Storage of Goods,Outdoor
S51 Storage and Warehousing: Inside Building
S51a Studio(Art)
Allow the following uses in the AS district:
P9 Extraction of Earth Products as a Class A Special Use
S3 Animal Hospitals;Veterinarians as a permitted use
The proposed amendments were presented at the public hearing on
August 25. Commissioner Gordon asked about the rationale for allowing
the extraction of earth products as a special use in the AS district. The use
is currently allowed as a special use in the Agricultural Residential zoning
district. It is also similar to agriculture in that it is considered land-based
production.
The Board of Commissioners referred the proposal to the Planning Board
for a recommendation to be returned no sooner than November 3, 1997.
The Planning Staff recommends approval of the proposed text amendments.
(A copy of the proposed amendments is an attachment to these minutes on
pages )
Katz asked for clarification on outdoor storage except in the case of
agricultural products since it did not seem to be included in the definitions.
Cameron responded that Agricultural Service Uses is listed in the
permitted use table. She referred to the proposed definition of agricultural
service uses that includes"storage of agricultural supplies and products."
She continued that it would be considered an accessory use if located on a
farm.
Brooks asked how riding stable came to be included. Cameron responded
that there had been questions from those who owned horses whether they
J
13
needed a special use permit. There was also a request for a large rodeo
arena. The proposed definition is to clarify that the riding stable requiring a
special use permit is a commercial use.
Katz asked for clarification about the art studio and how it would affect
someone living in a rural area who is an artist. Cameron responded that
such a studio would be allowed as a home occupation.
MOTION: Strayhorn moved approval. Seconded by Andrews.
VOTE: Unanimous.
Meeting adjourned 8:15 p.m.
Prepared By
Approved By
Date