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HomeMy WebLinkAboutORD-2015-006 Ordinance Amending the Orange County Comprehensive Plan, Unified Development Ordinance, and Zoning AtlasOrdinance #: ORD -201 5 -006 PAf aD6 Sa AN ORDINANCE AMENDING THE ORANGE COUNTY COMPREHENSIVE PLAN, UNIFIED DEVELOPMENT ORDINANCE, AND ZONING ATLAS WHEREAS, Orange County initiated amendment to the Orange County Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas, as established in Sections 1.1, 1.2, and 1.7 of the Orange County Unified Development Ordinance (UDO), in order to establish two new zoning overlay districts and accompanying regulations in an area of the county known as Efland, and WHEREAS, the Board finds that the text amendment to the Comprehensive Plan is necessary to promote implementation of the Comprehensive Plan, and WHEREAS, pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section 153A -341 of the North Carolina General Statutes, the Board finds that the amendments will carry out the intent and purpose of the adopted Efland- Mebane Small Area Plan and is internally consistent with the 2030 Comprehensive Plan or part thereof including, but not limited to, the following: 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 -3.7: Ensure that new development patterns in non - residential nodes encourage a clustered, walkable development pattern and discourage strip development. Objective LU -3.8: Develop a process for implementing small area plan recommendations through the revision of County policies and regulations. 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 Future Land Use map. Objective H -3.6: Work within the Orange County government system to identify and resolve existing policies which may be at odds with historic preservation goals, green building approaches, and workforce and affordable housing efforts. (See also Cultural Resources Objective CR -3 and Economic Development Objective ED- 4.1.) and WHEREAS, the parcels over which a zoning overlay district will be placed are depicted on the map in the attached pages and are identified as follows: Efland Village Overlay District PIN Approximate Acreage PIN Approximate Acreage 9844776873 1.15 9844990565 9.58 9844781300 0.65 of 0.99 acre parcel 9844995085 4.18 of 4.64 acre parcel 9844781766 2.17 9844999100 0.77 of 1.93 acre parcel 9844783301 1 9854074868 0.25 9844783725 2.14 9854074909 0.44 9844784391 0.85 9854074954 0.26 9844785743 4.02 9854076999 0.27 9844786242 0.46 9854077979 0.28 9844786326 0.08 9854078927 0.04 9844787303 0.23 9854078931 0.22 9844788137 3.64 9854078939 0.02 9844788631 2.01 9854078949 0.28 9844788940 1.86 9854078996 0.24 9844799385 4.69 9854079976 0.27 9844870924 2.43 9854080094 1.77 9844874973 0.4 9854080850 1.07 9844880661 0.98 9854081212 0.51 9844880970 0.88 9854081353 0.82 9844881230 1.35 9854081693 1.66 9844882391 1.15 9854081916 0.52 9844882528 1.13 9854083138 0.15 9844883012 1.15 9854083232 0.15 9844883596 1.34 9854083321 0.51 9844883951 2.39 9854083835 1.12 9844884079 0.37 9854084052 0.15 9844884284 0.38 9854084057 0.16 9844884355 0.33 9854084115 0.46 9844886648 1.14 9854084152 0.15 9844886973 1.42 9854084252 0.46 9844887024 2.03 9854084353 0.3 9844887342 0.97 9854084605 1.59 9844892385 3.51 9854086528 0.47 9844893637 2.2 9854087250 2.74 9844896163 1.3 19854088807 0.40 of 0.93 acre parcel Efland Village Overlay District PIN Approximate Acreage PIN Approximate Acreage 9844896477 3.48 9854089170 0.44 9844972913 0.59 9854089250 0.52 9844973943 0.24 9854172953 0.34 9844974903 0.24 9854173499 0.99 9844974974 0.36 9854175987 0.82 9844976945 1.37 9854180304 0.98 9844980845 9.3 9854181001 0.94 9844981114 5.8 9854184217 7.25 9844985234 1.83 9854189274 1 9844987242 1.53 9854272951 1.99 9844987792 1.77 9854274935 0.75 9844988083 1.27 9854280393 0.48 9844988391 0.74 9854281107 0.43 9844988652 0.92 9854282236 0.68 9844988811 0.35 9854283244 1.84 Efland Interstate verlay District PIN Approximate Acreage PIN Approximate Acreage 9844763221 0.79 of 5.5 acre parcel 9844966325 0.04 9844766443 1.82 of 5.02 acre parcel 9844970156 0.53 9844768882 5.64 9844970237 0.46 9844778312 5.7 9844970317 0.66 9844854839 1.29 9844970543 0.33 9844861573 16.78 9844971003 0.74 9844865155 2.72 9844972545 1.6 9844867573 12.67 9844973039 1.36 9844873438 2.67 9844973217 0.49 9844873578 0.09 9844973308 0.55 9844877368 3.64 9844975018 1.21 9844879067 0.71 9844975240 0.39 9844879543 0.68 9844975300 0.4 9844960493 0.44 9844975309 0.48 9844960563 0.59 9844975514 0.94 9844960792 1.56 9844978308 3.58 9844961126 1.63 9854051970 4.58 9844963059 0.89 9854070389 3.04 9844963252 0.38 9854073630 0.52 9844963354 0.56 9854074304 6.1 9844963540 0.57 9854076601 0.51 9844963644 0.48 19854077569 0.51 9844963748 0.57 9854077601 0.51 9844965134 1.12 9854078611 0.51 Efland Interstate verlay District PIN Approximate Acreage PIN Approximate Acreage 9844965259 0.31 9854079412 2.48 9844965336 0.41 9854161576 90.73 9844965437 0.34 9854171451 3.68 9844965621 0.99 9854178549 2.37 9844965735 0.32 9854272077 12.89 9844965832 0.32 9854276296 2.22 9844966039 0.51 9854361253 2.02 9844966320 0.04 9854466706 8.92 of 187.77 acre parcel and WHEREAS, the requirements of Sections 2.3 and 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and WHEREAS, the Board has found the proposed amendments to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas are hereby amended as shown on 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 missioner C seconded by Commissioner the foregoing ordinance was adopted this day of , 2015. , 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 _, 2015 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2015. Clerk to the Boar of Commis ioners Amendment Package for Two Proposed Zoning Overlay Districts in the Efland Area Notes The pages that follow contain the amendments necessary to the Unified Development Ordinance (UDO) text, Zoning Atlas, and Comprehensive Plan text to adopt two new zoning overlay districts in the Efland area. The following colors /text effects are used: • Red Text: Proposed additions /changes to existing text, presented at the February 2014 quarterly public hearing. • Green Text: Changes suggested after the February 2014 quarterly public hearing by a group of Efland Area residents who worked with Planning staff to revise the proposal. • Green StFwkethreugh Text: Former proposed additions /changes to the existing text that have been suggested for deletion after the February 2014 quarterly public hearing by a group of Efland Area residents who worked with Planning staff to revise the proposal. • Orange Text: Changes made in late March 2015 in response to review by the County Attorney's office or to correct typographical errors found in final proofing. Many of the proposed changes utilize footnotes to provide a brief explanation as to rationale. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available on -line at: http: / /orangecountync.gov /planning /Ordinances.asp The adopted Efland- Mebane Small Area Plan is also available on -line at: http: / /orangecountync.gov /planning /admin EM SAP.asp The Comprehensive Plan is available on -line at: http: / /orangecountync.gov /planning /compre cpupdate.asp Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment. Text with a large "X" is not proposed for deletion; proposed deletions are shown in red or green strikethFeugh text. As was noted in the legal advertisement for this proposal, existing sections 4.5 and 4.6 will be renumbered to 4.7 and 4.8, respectively. Additionally, existing Section 6.6.3 will be renumbered to 6.6.5. Reference updates to Sections 6.8.12 and 7.13.2 are also included in this packet. Article 2: Procedures Section 2.5: Site Plan Review under G.S. 153A- 344.1. Unless terminated at an earlier date, the zoning right all be valid until (B) The a specific development plan for a project which requires the partition of an Environ tal Impact Statement (EIS) in accordance with Se * n 6.16 of this Ordinance shall not be a roved until the EIS has been made availa for public review, and has been presented to a Board of County Commission in accordance with Section 2.23 of this Ordinance. 2.5.6 Guarantee of Improvements (A) If a guarantee of improvements i 'Fequi?N,,as a condition of site plan approval, the applicant shall provide Ora e County with a curity bond, escrow agreement, or irrevocable letter of cr by an approved instituti (B) The guarantee all be effective for 12 months and shall i ude the cost of the improver s plus 10 %. (C) Prio o issuance of any site plan approval, the guarantee shall be ap ved by the ounty Attorney. If a guarantee is not submitted, the developer must install all required improveme to the satisfaction of the County prior to issuance of the zoning compliance permit. 2.5.7 Additional Requirements for Overlay Districts (A) Efland- Cheeks Highway 70 Corridor Overlay District (1) Approval Requirements Within the Efland- Cheeks Highway 70 Corridor Overlay District (ECOD), no construction activity shall begin nor shall any conversion of existing single - family residence to a non - residential land use, excavation, soil removal, grading or disturbance of vegetation including trees, land disturbing activity associated with a non - residential land use, be commenced, nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Sections 2.4 aed 6.6.2' of this Ordinance. (B) Efland Interstate Overlay District2 (1) Approval Requirements Within the Efland Interstate Overlay District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected for any use subject to the requirements of the overlay district until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. (C) Efland Village Overlay District (1) Approval Requirements ' Staff suggests this reference be removed so that the potential for omissions in future amendments is minimized. Section 2.5.3 already requires compliance with Article 6 (and other articles). 2 The two additions here are formalities to ensure grading and /or construction does not commence prior to the issuance of necessary permits. Orange County, North Carolina — Unified Development Ordinance rage z -1 c Article 2: Procedures Section 2.6: Floodplain Development Permit and Certificate Requirements Within the Efland Village Overlay District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected for any use subject to the requirements of the overlay district until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. (D) Major Transportation Corridor Overlay District3 (1) Approval Requirements Within the Major Transportation Corridor District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. 8 Additional Requirements for Economic Development Districts (A) Prior to submission of an application for site plan approval, applicants shall m representatives of the Planning and Inspections, and Economic Development Departments to identify policies, procedures, regulations, and fees applicabl development proposals. (B) "Aoy proposed subdivision in an Economic Development District shall low the approval pro dures as specified in Section 2.16. (C) In adds ' n to the submittal requirements contained in this Secti , a complete application shall also' clude: (1) Buildi elevation drawings for each proposed str cture; and (2) A minimu of two drawings of sections throu the site illustrating existing and proposed g des, as well as the relationshi of different site features. 2.6.1 Requirements for Special Flood Hazard, All projects proposing the development of Overlay District shall be required, regard prepared by a registered engineer, Ian c provisions of Section 2.5. 2.6.2 Plans and Application District located within the Special Flood Hazard Area proposed land use, to submit a site plan i@ct, or land surveyor in accordance with the Application for a floodplain evelopment permit shall be made the Floodplain Administrator on forms furnished by the P nning Department prior to any develop T ctivities proposed to be located within flood pr a areas. The following it s/ information shall be presented to the Floodplain Admi ' trator to apply for a floodplain de opment permit: (A) A lot plan drawn to scale which shall include, but shall not be limited to, a following pecific details of the proposed floodplain development: (1) The nature, location, dimensions, and elevations of the area of N development/disturbance; existing and proposed structures, driveways, t systems, grading /pavement areas, fill materials, storage areas, drainage facilities, and other development; 3 This subsection is currently (B). Orange County, North Carolina — Unified Development Ordinance rage /- i o Article 4: Overlay Zoning Districts Section 4.4: Efland- Cheeks Highway 70 Corridor 4.3.6 Corn N�Iand��shall ereafter be to vented, altered, or developed, m ay without full compliance with the er lations other applicable regulations. • • :1 D•" 4.4.1 Intent (A) The Efland- Cheeks Highway 70 Corridor Overlay District (ECOD) is established to provide for compatibility of uses between existing single - family residential land uses and non - residential developments along a designated portion of Highway 70 within Cheeks Township. (B) The Highway 70 corridor covered under this overlay district is part of the Efland Mebane Small Area Plan, adopted by the Board of County Commissioners on June 27, 2006, which outlines acceptable levels of development within the study area, including allowing for additional non - residential development along Highway 70. (C) The regulations contained in this Ordinance are designed to preserve and enhance the character of the community while allowing for mixed, but compatible, land uses by permitting logical expansion of existing non - residential developments throughout the corridor. (D) It is the intent of this overlay district to encourage land use patterns that will: (1) Protect existing single - family residential land uses, (2) Protect the character of the area, (3) Enhance property values, (4) Maintain the economic viability and carrying capacity of the corridor, (5) Preserve open vistas whenever possible, (6) Encourage small businesses to locate in appropriate areas, and (7) Continue to promote and provide for the general welfare of local citizens and property owners. (E) Standards are established in Section 6.6.2 to allow for the development of additional non- residential land uses within the ECOD in order to maintain and enhance the economic vitality of the area while protecting the less intensive mixture of existing residential land uses 4.4.2 Applicability (A) This district is intended for properties adjacent to Highway 70 within Cheeks Township of Orange County in accordance with the boundaries shown GR the map bel9w and4 on the Orange County Zoning Atlas. (B) The requirements of this Ordinance pertaining to ECOD apply to all non - residential land uses and developments within the Highway 70 Overlay District except for existing non- residential land uses located within previously established general commercial or Existing Commercial -5 (EC -5) zoning districts. 4 Rather than populating the UDO with maps that are redundant to the Zoning Atlas (which is where overlay districts must be shown), staff is suggesting that the boundaries of overlay districts be maintained only on the Zoning Atlas. Staff also believes this may decrease any future problems if overlay district boundaries were ever changed (e.g., someone forgetting or not realizing that both a text amendment to the UDO and a Zoning Atlas amendment are necessary). Orange County, North Carolina — Unified Development Ordinance Page 4 -12 Article 4: Overlay Zoning Districts Section 4.4: Efland- Cheeks Highway 70 Corridor Efland - Cheeks Highway 70 Corridor Overlay District Boundaries ^ERand-Cheeks Highway 70 Conidor Overlay DlstW ®aO OPre-designated cmmwcialerea [Note to be removed if adopted: Map to be deleted trom UUU and boundary to be shown only on zoning Atlas] 4.4.3 Non - residential Development Non - residential development within the Highway 70 Corridor shall be limited to the following and shall be in accordance with the standards contained in this Section and Section 6.62. (A) Pre - designated commercial area as indicated on the Orange County Zoning Atlas, and (B) Along Highway 70 as depicted on the Orange County Zoning Atlas. 4.4.4 Permitted Uses Within the ECOD, uses of land and structures shall be permitted as follows: (A) Non - residential development within the pre- designated commercial area shall adhere to the permitted and special uses outlined for the Neighborhood Commercial - 2 (NC -2) zoning district as contained within Section 5.2 of this Ordinance. (B) Non - residential uses within the Highway 70 Corridor Overlay District, shall be limited to professional office and similar institutional uses and shall abide by the standards contained in this Section and Section 6.6.2. (C) No more than 40% of the Highway 70 corridor outside of the pre- designated commercial areas shall be permitted for non - residential uses. (1) This figure shall be calculated by the sum of the street frontage of lots used for non - residential purposes compared to the total street frontage of all lots on both sides of the roadway outside of the pre- designated commercial areas along the overlay district corridor. (2) The 40% limitation includes non - residential uses conducted within new or converted /rehabilitated structures that have a residential appearance. 4.4.5 Lot and Use Requirements for Non - Residential Development In addition to the Development Standards in Section 6.6.2, the following lot and use requirements shall apply to all applicable non - residential development within the pre- designated commercial areas and along the Highway 70 corridor: (A) Minimum Lot Width Orange County, North Carolina — Unified Development Ordinance Page 4 -13 Article 4: Overlay Zoning Districts Section 4.5: Efland Interstate4F The minimum lot width for all lots created after December 3, 2007 shall be 130 feet, unless the lot is served by public sewer and shared ingress /egress in which case the minimum lot width shall be 75 feet. (B) Setbacks and Building Height (1) The setbacks and building heights for all structures, regardless of the proposed land use, shall conform to the setbacks of the underlying zoning district. (2) If Building Height Limitation modifications are pursued in accordance with Section 5-22(A) 6.2.2(A)5, in no case shall building height exceed 35 feet. (3) Where applicable, the front yard setback shall be measured from any future right - of -way as designated in the Orange County Thereughfare Comprehensive Transportation Plan6. (C) Floor Area Ratio (1) The maximum floor area ratio for non - residential uses in the pre- designated commercial area shall be 0.200 with a maximum building square footage total of 20,000 square feet. (2) The maximum floor area ratio for non - residential uses along the Highway 70 Corridor shall be 0.100 with a maximum building square footage total of 6,000 square feet. (D) Yard Encroachments (1) No fences shall be permitted in the front yard of non - residential uses unless a demonstrated need can be shown. (2) Within the pre- designated commercial area, vinyl- coated chain link fencing shall be permitted for non - residential uses. (3) Outside of the pre- designated commercial area but within the boundaries of the Highway 70 Overlay District, chain link or similar fencing shall not be permitted for non - residential uses. (E) Outside Storage of MateFials 0) All outside sterage of materials o nnn_ residential Info is prnhihe4cd. integr I aFt f the use Gf the nrenorty Rd Whinh o nt Gbyiei isle fer s?In (3) This prGhibitiGR dGeS RG)t ORGlude the storage ef materials where the primaFy 616e of the PFC)PeFty iRGludes the eutside display of goods for sale SUGh as automobiles, beats, rnGbole homes, etG., and the materials stored eutsocle are fe sale -7 SECTION 4.5: 4.5.1 Intent (A) The Efland Interstate Overlay District is established to provide for a more urban style of development in an area of the county served, or intended to be served, by public water and sewer systems. ' Correct reference is 6.2.2(A) 6 There has been a change in the name the plans the NC Department of Transportation uses. This change is only to update the name. Users should note the Orange County Comprehensive Transportation Plan is currently being developed, it has not yet been adopted. ' Suggest deleting this because it also appears in Section 6.6.2(B) 8 Existing Section 4.5 (Major Transportation Corridor) has been renumbered to become Section 4.7 and existing Section 4.6(Stoney Creek Basin) has been renumber to become Section 4.8. Because of this renumbering, an reference is Section 7.13.2 will also be updated. Orange County, North Carolina — Unified Development Ordinance Page 4 -14 Article 4: Overlay Zoning Districts Section 4.6: Efland Village (B) The geographic area covered by the Efland Interstate Overlay District is part of the Efland- Mebane Small Area Plan, adopted by the Board of County Commissioners on June 27, 2006, which outlines acceptable levels of development within the study area, including allowing for additional non - residential and residential development in this overlay district. (C) Standards are established in Section 6.6.3 in order to maintain and enhance the economic vitality of the area while protecting existing land uses. Unless otherwise stated, the standards are in addition to standards contained in this Ordinance, including Sections 6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.5 (Major Transportation Corridor)9 4.5.2 Applicabil (A) This district is intended for all properties located south of the railroad tracks and north of Interstate 85/40 in the general vicinity of Mount Willing Road in accordance with the boundaries shown on the Orange County Zoning Atlas.10 (B) The requirements of this Ordinance pertaining to the Efland Interstate Overlay District apply to all residential and non - residential land uses and developments in the designated district except for detached single - family residential land uses and developments. 4.5.3 Permitted Uses and Dimensional and Ratio Standards (A) Within the Efland Interstate Overlay District, uses of land and structures and Dimensional and Ratio Standards are those permitted in the underlying zoning district or districts. All other requirements for the use of land and structures contained in this Ordinance shall be met unless otherwise provided. (B) Minimum Setbacks (1) The minimum side and rear setback shall be with the" width of the required buffer in 6.6.3(B) or the setback required in Article 3 or Section 6.2.8, whichever is less, except as provided in (a).12 (a) For parcels subject to the setback and yard requirements in Section 4.7.4, the requirements of said Section shall apply. 13 SECTION 4.6: 4.6.1 Intent (A) The Efland Village Overlay District is established to provide for an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems. 9 This Section is currently 6.6.3 but will be renumbered to 6.6.5 as part of this amendment because Standards for the two proposed new overlay districts will be inserted into the UDO as 6.6.3 and 6.6.4. 10 The geographic area is also the area currently designated as Commercial- Industrial Transition Activity Node ( CITAN) on the Future Land Use Map of the Comprehensive Plan. However, staff believes it is prudent to reference only the Zoning Atlas for the boundary in case the boundaries of the CITAN are ever changed. This is because the boundaries of the zoning overlay district would not necessarily change just because a land use category boundary change is made; a change to the zoning overlay district boundary will require an amendment to the Zoning Atlas. " Typographical error corrected in late March 2015. 12 A lessening of setbacks is suggested in order to allow for a more urban style of development (e.g., building closer together and /or more density). 13 Clearly stating that the Major Transportation Corridor (MTC) requirements will still apply. Orange County, North Carolina — Unified Development Ordinance Page 4 -15 Article 4: Overlay Zoning Districts Section 4.6: Efland Village (B) The geographic area covered by the Efland Village Overlay District is part of the Efland - Mebane Small Area Plan, adopted by the Board of County Commissioners on June 27, 2006, which outlines acceptable levels of development within the study area, including allowing for additional non - residential and residential development in this overlay district. (C) Standards are established in Section 6.6.4 in order to maintain and enhance the economic vitality of the area while protecting existing land uses. Unless otherwise stated, the standards are in addition to standards contained in this Ordinance, including Sections 6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.5 (Major Transportation Corridor) 13 4.6.2 Applicability (A) This district is intended for all properties located north of the railroad tracks in a geographic area commonly referred to as "Efland" in accordance with the boundaries shown on the Orange County Zoning Atlas. 14 (B) The requirements of this Ordinance pertaining to the Efland Village Overlay District apply to all residential and non - residential land uses and developments in the designated district except for detached single - family residential land uses and developments. 4.6.3 Permitted Uses and Dimensional and Ratio Standards (A) Within the Efland Village Overlay District, uses of land and structures and Dimensional and Ratio Standards are those permitted in the underlying zoning district or districts. All other requirements for the use of land and structures contained in this Ordinance shall be met unless otherwise provided. (B) Setbacks and Building Height (1) In lieu of the front setback required in Article 3, the minimum front yard setback for properties fronting on U.S. Highway 70 shall be 30-feet. 15 (2) In lieu of the front setback required in Article 3, the front yard setback for parcels located in the overlay district but not fronting on U.S. Highway 70 shall be in keeping with the front setback provided by adjacent uses. 16 (3) The minimum side and rear setback shall be the width of the required Land Use Buffer (Section 6.8.6) or the setback required in Article 3, whichever is less, but in no case shall be less than 10- feet.17 13 This Section is currently 6.6.3 but will be renumbered to 6.6.5 as part of this amendment because Standards for the two proposed new overlay districts will be inserted into the UDO as 6.6.3 and 6.6.4. 14 The geographic area is also the area currently designated as Commercial - Industrial Transition Activity Node ( CITAN) on the Future Land Use Map of the Comprehensive Plan. However, staff believes it is prudent to reference only the Zoning Atlas for the boundary in case the boundaries of the CITAN are ever changed. This is because the boundaries of the zoning overlay district would not necessarily change just because a land use category boundary change is made; a change to the zoning overlay district boundary will require an amendment to the Zoning Atlas. " This setback is suggested in order to have a more uniform setback along Highway 70 while providing enough of a setback to accommodate any future widening of the road. (No widening of the road is currently planned, but it is good planning practice to attempt to ensure for future possibilities). 16 This is suggested in order to have a more uniform building line along a street where there could be more of a "patchwork" of zoning districts that have different front setback requirements. 17 A lessening of setback requirements is suggested in order to allow for a more urban village style — building closer together and /or more density than is currently permitted. Orange County, North Carolina — Unified Development Ordinance Fage 4 -1b Article 4: Overlay Zoning Districts Section 4.7: Major Transportation Corridor (4) (5) paFGels are i, fall 20 (6) If Building Height Limitation modifications are pursued in accordance with Section 6.2.2(A), in no case shall building height exceed 40 feet . 21 (C) Yard Encroachments (1) No fences shall be permitted in the front yard of lots, etheF than those 1Ced fe used for non - residential uses unless a demonstrated need can be shown.2 (2) Chain link or sirnilar fenGiRg shall not be permitted for uses atheF than single family detcche,A residen" tia Fences located in the front yard of residential uses, other than single - family detached dwellings, shall be a maximum of five feet in height, base 23 SECTION 4.7: MAJOR TRANSPORTATION CORRIDOR 4.7.1--Intent (A) It N tent of Orange County to protect and enhance those natural environmental features w i nstitute important physical, aesthetic, recrea i , and economic assets through the p ' 'on of special controls of pub ' d private development along major transportation corridors. (B) The Board of County Commissio inds act that: (1) Ma�Ounty corridors serve a key functi � the orderly development of Orajor traffic move rs, as well as serve trances to Orange unty from outside the area. 19 Users should note the Orange County Comprehensive Transportation Plan is currently being developed; it has not yet been adopted. The Efland Area resident group has suggested that if /when a Comprehensive Transportation Plan the includes future right -of -way designation is adopted, this type of requirement can be added to the regulations at that time. Until such time, the proposed language is premature. 20 The County Attorney's office has advised Planning staff to remove this statement. It was included primarily for informational purposes to help people who are located within both the MTC overlay district and the Efland Village overlay district know they did not have to research the requirements of the MTC overlay district since only one part of the existing requirements (prohibition of off premise commercial signs) apply to the properties located in both districts. 21 Some of the zoning districts that could be applied in a CITAN allow buildings taller than 40 feet. A building height limitation of 40 -feet is suggested in order to maintain an urban village character. 22 The fencing regulations [(1) and (2)] are in keeping with the ECOD regulations in order to discourage unaesthetic fencing in the front yards of properties. The Efland Area Resident Group has suggested that fences should be allowed in the front yard of duplex and multi - family uses but should be limited to 5 -feet in height. 23 The Efland Area Resident Group has suggested that chain link fencing should be allowed as a fence type, so the proposed standard is shown as proposed for deletion. The new language in (2) is to achieve the 5 -foot height restriction mention in footnote 21. The text in orange strikethrough was suggested for deletion by the County Attorney's office in late March 2015. Orange County, North Carolina — Unified Development Ordinance Page 4 -17 Article 4: Overlay Zoning Districts Section 4.7: Major Transportation Corridor (A) The Major Transportation Corridor (MTC) district is established as a district which overlays other zoning districts established in this Ordinance. The new use of any land or any new structure within the MTC district shall comply with the use regulations applicable to the underlying zoning district as well as the requirements of the MTC district. The provisions, requirements and restrictions of this district shall not apply to the us f land within the district for single family or two - family dwellings or to any building or structure existing prior to the creation of this district unless it is structurally alter to the e ent of increasing the floor area by 50% or more or is enlarged to any degr e to occupy a va nt lot. (C) This dislNqt shall be applied along any interstate highway in the Coun designated in the adopted C prehensive Plan as such and to any proposed interst a highway designated in \whi�ch pted Comprehensive Plan as such. (D) The minimum f the district shall be a continuous dist ce along the thoroughfare within the Cousdiction and outside of the extrater ' orial planning jurisdictions of the Towns of u Chapel Hill, and Carrboro d the City of Mebane. (E) The minimum the rict is 1,250 feet fro a edge of the right -of -way measured alo which is erpendicular to a edge of the right -of -way on each side of the roadwat at intersta interchan s where the District shall extend 2,500 feet from the ray on each si of t intersecting road. 4.7.3 Permitted Uses Within the Major Transportation Corridor TC) DistricN permitted in the underlying zoning dist � t or districts. All and structures contained in this Or ance shall be met u 4.7.4 Building Setback and Yard 5�6quirements of land and structures are those r requirements for the use of land k otherwise provided. Building setback and req i ed yard areas for the overlay district are as Ilows: (A) The front yar equirement shall be 100 feet from the edge of the n -of-" of an interstate i hway or 50 feet from the edge of an intersecting road at interstate intercha e. (B) The ear yard requirement shall be 50 feet from the edge of the rear propert �ne or 100 f t from the edge of the right -of -way of an interstate highway when a rear yar /adjacent to the interstate. he side yard requirement shall be 50 feet from the side property line or 100 feet from dge of the right -of -way of an interstate highway where the side property line is adjacent to the interstate. Orange County, North Carolina — Unified Development Ordinance Page 4 -18 (3) In addition, the ability of different areas of the County to attract and accommodate different types of development depends on the capacity of the thoroughfare system and the character and quality of development along major corridors. (C) The Major Transportation Corridor district is intended to enhance the attractiveness and orderly development of land adjacent to major transportation facilities through the provision of a set of development standards and regulations for application to public and private development of land adjacent to these corridors. The major transportation corridors include the interstate system as designated in the adopted Comprehensive Section Plan. reference (D) The district establishes development standards (see Section 66.6.5) and a site plan update review process for development within the district. (See Section 2.5). 4.7.2 Applicability _ (A) The Major Transportation Corridor (MTC) district is established as a district which overlays other zoning districts established in this Ordinance. The new use of any land or any new structure within the MTC district shall comply with the use regulations applicable to the underlying zoning district as well as the requirements of the MTC district. The provisions, requirements and restrictions of this district shall not apply to the us f land within the district for single family or two - family dwellings or to any building or structure existing prior to the creation of this district unless it is structurally alter to the e ent of increasing the floor area by 50% or more or is enlarged to any degr e to occupy a va nt lot. (C) This dislNqt shall be applied along any interstate highway in the Coun designated in the adopted C prehensive Plan as such and to any proposed interst a highway designated in \whi�ch pted Comprehensive Plan as such. (D) The minimum f the district shall be a continuous dist ce along the thoroughfare within the Cousdiction and outside of the extrater ' orial planning jurisdictions of the Towns of u Chapel Hill, and Carrboro d the City of Mebane. (E) The minimum the rict is 1,250 feet fro a edge of the right -of -way measured alo which is erpendicular to a edge of the right -of -way on each side of the roadwat at intersta interchan s where the District shall extend 2,500 feet from the ray on each si of t intersecting road. 4.7.3 Permitted Uses Within the Major Transportation Corridor TC) DistricN permitted in the underlying zoning dist � t or districts. All and structures contained in this Or ance shall be met u 4.7.4 Building Setback and Yard 5�6quirements of land and structures are those r requirements for the use of land k otherwise provided. Building setback and req i ed yard areas for the overlay district are as Ilows: (A) The front yar equirement shall be 100 feet from the edge of the n -of-" of an interstate i hway or 50 feet from the edge of an intersecting road at interstate intercha e. (B) The ear yard requirement shall be 50 feet from the edge of the rear propert �ne or 100 f t from the edge of the right -of -way of an interstate highway when a rear yar /adjacent to the interstate. he side yard requirement shall be 50 feet from the side property line or 100 feet from dge of the right -of -way of an interstate highway where the side property line is adjacent to the interstate. Orange County, North Carolina — Unified Development Ordinance Page 4 -18 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts (f) Windows on the street frontage side of a building shall be limite/t140% of the total building fagade. (g) The principal building shall be oriented facing towards the fr ting street. (h) Building Access (i) A functional doorway for public or direct -entry ccess into a building shall be provided from the fronting reet. \(i)R orner entrances should be provided o corner lot buildings. dditional entrances to a building m be provided. &Materials ecorative cornices shall be rovided for buildings with a flat oof, defined as roofs with pitch less than 3:12. (ii) Ea pitc gre s shall be provide with a pitched roof, defined as roofs with a ater than 12. (iii) Pitched r ofs ar enerally preferred over flat roofs. (iv) All rooftop m hanical equipment (i.e. vents, ducts, communic o ntennas, HVAC units, etc) shall be screened from vie or desi ed and installed in a manner using materials and c rs compa a with the building architecture. (v) Hi ly reflective roofin aterials shall be avoided. All proposed etal roofing should be s nding seam or copper. Galvanized steel and tin roofs are perm ed. (j) R idential manufactured structures ar \structure ermitted for conversion to a n- residential use. (H) Additional chitectural Standards for existing sing' y structures being converte nto non - residential use: (1) he exterior fagade of an existing single - family nce p posed for conversion into non - residential use shall not be d to acc modate new non - residential land uses except where modificare neces ry to address building or fire code requirements. (2) Any structures proposed for removal shall eitheoved to another cation for re -use contemporaneously with the constructioe new structure or deconstructed in such a manner that the result terials are suitable fo re- use by the deconstructing party or others in futilding projects. It is the intent of this Sub - Section that the removed strube recycled to the extent possible. 6.6.3 Efland Interstate 24 (A) Circulation and Connectivity (1) All site planning for property east of Mount Willing Road shall take into account the need for a connecting roadway between Mount Willing Road and the Interstate 85 /U.S. Highway 70 Connector.25 (2) All site planning west of Mount Willing Road shall take into account_zs 24 Existing Section 6.6.3 (Major Transportation Corridor) has been renumbered to 6.6.5. References is existing Sections 4.5.1 and 6.8.12 will be updated. 25 (1) and (2) are putting concepts from the EMSAP and an adopted access management plan into regulations. 26 Because (a) is suggested for removal, (b) will become the remainder of this sentence. Orange County, North Carolina — Unified Development Ordinance Page 6 -31 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts (a) A possible re aligRrnent of Efland Cedar Grove Road under the existing r;;i'rA;;d trqGk to nennect to Mount Willing Road, as deSGFib8d in the cann+ d Ffna rd Mebane Small Area Pl. an . 27 (b) The need for a connecting roadway between Mount Willing Road and Buckhorn Road, as depicted on the Efland - Buckhorn- Mebane Access Management Plan, adopted November 11, 2011. (3) In order to manage access on public streets, a site shall be permitted no more than one entrance /exit point unless justified by: (a) site configuration; (b) trip generation; (c) and- traffic conditions, including the need for separate service and visitor /employee vehicular access, and /or one -way traffic movement; or (d) other factors . 28 (4) Intra -site accessibility shall be provided. Vehicles shall not be required to enter the public street in order to move from one area to another on the same site. (5) On all corner lots, no vehicular openings shall be located closer than 60 feet from the point of intersection of the street right -of -way lines .29 (6) Driveway eE-ntrances /exits shall not exceed 36 feet in width measured at the property line; however, in instances where parking lots serve tractor /trailer traffic, the driveway entrance /exit may be increased to 40 feet in width. (7) Exits for parking facilities containing more than 36 parking spaces shall contain holding lanes for left- turning and right- turning traffic unless the Planning Director determines that due to the physical features of a site, holding lanes would be unsafe and should not be required. (8) Shared Driveways /Access (a) In order to MaRage aGGe minimize the number of driveway curb cuts on Mount Willing Road, thereby improving traffic flow and safety, developments subject to this Section, fronting on Mount Willing Road, and located contiguous to one another shall provide shared driveways /access whenever feasible, as determined during site plan review. (i) s?;reG61te r GiProoar easement agreements between the serrate property GWRer6 and have the same rornrded on the Office of the n ange County R y # f Deeds nri r #n the issuanGe of a Zoning Gamnlianne Permit. The easement anreemen+ shall he preperty. Figure 6.6.2.A.3 shews an example of the shared aGsesT Methods to achieve shared driveways /access may include reciprocal easement agreements among property owners, reservation of future access easements on property 27 The Efland Area Resident Group also has suggested that this alignment be removed from the adopted Access Management Plan. (This action is separate from the UDO amendment). 28 (3) and (4) are current requirements for properties in EDDs and is good practice for many types of projects. However, it should be noted that NCDOT may not approve more than one entrance /exit point - see (9). The text in orange is to show a reconfiguration of language suggested by the County Attorney's office in late March 2015 in an effort to make the language more clear. The actual language has not been suggested for change. 29 (5) through (9) are current requirements of ECOD and are suggested as good practices to be implemented in the Efland Interstate overlay district as well. Orange County, North Carolina — Unified Development Ordinance Page 6 -32 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts being developed, or other methods determined during site plan review. (ii) shall be required to designate stub outs to adjoining properties on the site plaR se that shared aGGeSS GaR be developed if and tr;Affir_ safety hazaFd by the County and NGDQT. The location of shared driveways shall be determined during site plan review. Shared driveways do not necessarily need to be located at the front of lots if rear or side access is proposed and feasible. (9) All driveway entrances must have an approved NCDOT driveway permit and must be paved to NCDOT standards from the edge of the existing roadway pavement to the existing right -of -way limit on the interior of the property. (10) Pedestrian Circulation" (a) Unless deemed unnecessary by the Planning Director during site plan review, large projects, defined in (b), shall may be-required encouraged to provide an internal pedestrian circulation system, owned and maintained by the property owner. The system shall may be requir -ed encouraged to provide pedestrian walkways to outparcels and also within any large parking areas. (b) For the purposes of this subsection, a large project is defined as one located on 5 or more acres or proposing more than 50,000 square feet of building area. A large parking area is one containing parking for 100 or more vehicles. (B) Landscaping and Buffering31 In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following standards shall apply: (1) There shall be a minimum ten feet wide vegetative buffer along all rights -of -ways comprised of vegetation that complements surrounding plantings and which includes trees planted in accordance with Section 6.8 where possible. (2) There shall be a minimum 15 feet wide vegetative buffer along all common property lines separating non - residential and residential land uses. The required plantings shall be in accordance with those required for Buffer Yards Type A outlined within Section 6.8 of this Ordinance. (3) There shall be a minimum eight feet wide landscaped strip along all property lines separating non - residential uses from non - residential uses. The landscaped strip shall be comprised of vegetation that forms a semi- opaque intermittent visual obstruction from the ground to a height of at least 15 feet, except in required sight triangles. Joint use agreements between adjacent property owners for shared ingress /egress and /or parking may result in a waiver regarding the exact location(s) of the required buffers. 30 In October 2011, the issue of sidewalks was discussed at a BOCC work session and the decision was made that, due to NC counties' challenges in funding maintenance of public sidewalks, public sidewalks would not become a requirement for development in Orange County at this time. However, walkability in large commercial projects is generally desirable as is the ability of pedestrians to safely traverse large parking areas. Therefore, staff is suggesting that some projects may be required to provide privately maintained walkways. 31 These lesser buffer requirements are in keeping with those required in the ECOD and are suggested in order to provide for a more urban style of development in areas of the county served or to be served by public water and sewer systems. Orange County, North Carolina — Unified Development Ordinance Page 6 -33 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts (4) The provisions of this subsection do not waive the buffer requirements found in Section 6.6.5 (Major Transportation Corridor). (C) Architectural Design Standards (1) In addition to the requirements in Section 6.5 (Architectural Design Standards), the external design of chain businesses shall he ;-;lte ed as Resessar-y to semplement the ° 4061Rai; <g should consider and complement the existing community character. 32 33 (2) Drove through faGilities OR nGn residential 6ises are al!Gwable iR this -area. (D) Signage (1) Signage shall conform to requirements within Section 6.12 of this Ordinance unless in conflict with this subsection, in which case the requirements of this subsection shall apply. (2) The sign area of signs may be up to 64 square feet in size . 34 6.6.4 Efland Villaqe (A) Circulation and Connectivityse (1) Shared Driveways /Access for Properties Fronting on U.S. Highway 70 (a) In order to manage aGGe&S minimize the number of driveway curb cuts on U.S. Highway 70, thereby improving traffic flow and safety, developments subject to this Section, fronting on U.S. Highway 70, and located contiguous to one another shall provide shared driveways /access whenever feasible, as determined during site plan review. (i) # r ms+ r al e # agreements between the c Fate Zoning Gem lianse Permit The easemTeRt agreement shall be suffms+ent to allow fer the develepment of aprivate serviGe read 2GGeSS. Methods to achieve shared driveways /access may include reciprocal easement agreements among property owners, reservation of future access easements on property being developed, or other methods determined during site plan review. 32 This language is suggested in order to ensure that any proposed "chain architecture" will blend better with the surrounding area. 33 The Efland Area Resident Group has suggested that drive - throughs should be allowed in both proposed overlay districts, in accordance with existing County regulations. Therefore, it is redundant to state that drive- throughs are allowed in the Efland Interstate overlay district. 34 The Efland Area Resident Group reviewed existing sign regulations and believed they are sufficient for the Interstate Overlay district except that signs should be allowed to be larger than existing regulations allow (existing regulations allow signs up to 32 square feet). 35 Please see footnoted explanations for the Efl and Interstate overlay district as they apply to this section as well. Orange County, North Carolina — Unified Development Ordinance Page a -34 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts single4amily detaGhed residential land use is deemed to be a trAffir- safizt hazard by the County and NGDC)T-. The location of shared driveways shall be determined during site plan review. Shared driveways do not necessarily need to be located at the front of lots if rear access is proposed and feasible. (2) In order to manage access on public streets, a sites shall which include new construction or additions increasing the square footage of a building by more than 50% should be permitted no more than one entrance and exit point unless justified by (a) site configuration; (b) trip generation; (c) aPA-- traffic conditions, including the need for separate service and visitor /employee vehicular access, and /or one -way traffic movement; or (d) other factors . 36 (e) This St@Rdard applies to neW Genstrur.tieln n-.r that iRGreases the square 0 (3) Intra -site accessibility shall should be provided. Vehicles shall should not be required to enter the public street in order to move from one area to another on the same site. (a) This standard applies to new construction or,- ec'e. °!o ^m ° ^t ^f ° °it4 additions that increases the square footage of a building by more than 50% of the existing square footage. (4) On all corner lots, no vehicular openings shall be located closer than 60 feet from the point of intersection of the street right -of -way lines. (5) Driveway €entrances /exits shall not exceed 36 feet in width measured at the property line; however, in instances where parking lots serve tractor /trailer traffic, the driveway entrance /exit may be increased to 40 feet in width. (6) Exits for parking facilities containing more than 36 parking spaces shall contain holding lanes for left- turning and right- turning traffic unless the Planning Director determines that due to the physical features of a site, holding lanes would be unsafe and should not be required. (7) All driveway entrances must have an approved NCDOT driveway permit and must be paved to NCDOT standards from the edge of the existing roadway pavement to the existing right -of -way limit on the interior of the property. (8) Pedestrian Circulation 37 (a) Unless deemed unnecessary by the Planning Director during site plan review, large projects, defined in (b), shall may be- required encouraged to provide an internal pedestrian circulation system, owned and maintained by the property owner. The system -_Aall may be required encouraged to provide pedestrian walkways to outparcels and also within any large parking areas. 36 The text in orange is to show a reconfiguration of language suggested by the County Attorney's office in late March 2015 in an effort to make the language more clear. The intent actual language has not been suggested for change. 37 In October 2011, the issue of sidewalks was discussed at a BOCC work session and the decision was made that, due to NC counties' challenges in funding maintenance of public sidewalks, public sidewalks would not become a requirement for development in Orange County at this time. However, walkability in large commercial projects is generally desirable as is the ability of pedestrians to safely traverse large parking areas. Therefore, staff is suggesting that some projects may be required to provide privately maintained walkways. Orange County, North Carolina - Unified Development Ordinance Page b -6b Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts (b) For the purposes of this subsection, a large project is defined as one located on 2 or more acres or proposing more than 15,000 square feet of building area. A large parking area is one containing parking for 50 or more vehicles. (B) Outside Storage of Materials Prohibited 311 (1) All outside storage of materials on lots other than those used for single - family detached residential purposes is prohibited. (2) This prohibition includes the storage of goods or materials which are not an integral part of the use of the property and which are not obviously for sale. (3) This prohibition does not include the storage of materials where the primary use of the property includes the outside display of goods for sale such as automobiles, boats, mobile homes, etc., and the materials stored outside are for sale. (C) Landscaping and Buffering39 In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following standards shall apply: (1) There shall be a minimum ten feet wide vegetative buffer along all rights -of -ways comprised of vegetation that complements surrounding plantings and which includes trees planted in accordance with Section 6.8 where possible. (a) Parcels fronting on U.S. Highway 70 shall provide buffer plantings in accordance with those required for Buffer Yards Type A outlined within Section 6.8 of this Ordinance. (2) There shall be a minimum 15 feet wide vegetative buffer along all common property lines separating uses subject to the requirements of this overlay district and single family detached residential land uses. The required plantings shall be in accordance with those required for Buffer Yards Type A outlined within Section 6.8 of this Ordinance. (3) There shall be a minimum eight feet wide landscaped strip along all property lines separating non - residential uses from non - residential uses. The landscaped strip shall be comprised of vegetation that forms a semi - opaque intermittent visual obstruction from the ground to a height of at least 15 feet, except in required sight triangles. Joint use agreements between adjacent property owners for shared ingress /egress and /or parking may result in a waiver regarding the exact location(s) of the required buffers. (4) Although portions of the Efland Village Overlay District are also within the Major Transportation Corridor Overlay District, the buffer requirements found in Section 6.6.5 (Major Transportation Corridor) do not apply since said section applies only to properties that abut the interstate. (D) Parking Lot Design 40 (1) Up to 15% of the required parking spaces may be located in the front yard. The remainder of the required parking spaces shall be located at the side or rear of the structure. 38 This is a restriction currently found in the ECOD and is suggested for the Efland Village overlay district as well. 39 These lesser buffer requirements are in keeping with those required in the ECOD and are suggested in order to provide for a more urban style of development in areas of the county served or to be served by public water and sewer systems. 4° These are requirements in the ECOD which are also good practice for the Efland Village. An exception being that ECOD requires parking to be located solely in the side and rear yards. Staff is suggesting that a few parking spaces be allowed at the front of buildings in the Efland Village overlay district. Orange County, North Carolina — Unified Development Ordinance Page 6 -36 Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts (a) Existing buildings that change use shall comply with this requirement to the extent feasible, as determined during the site plan submittal process. (2) Shared parking areas shall be encouraged for contiguous non - residential land uses, in accordance with Section 6.9 of this Ordinance. (3) Parking areas with spaces in excess of 110% of the minimum parking spaces required, per Section 6.9 of this Ordinance, shall not be permitted. (4) Interior landscaping of the parking lots shall be provided in accordance with Section 6.8 of this Ordinance. (E) Signage41 (1) Signage shall conform to all the requirements within Section 6.12 of this Ordinance unless in conflict with this subsection, in which case the requirements of this subsection shall apply. 42 (2) , 'thin the Efl' d Village O„ed2y n'StFmGt The height limit of signs is 15 -feet, as measured from the normal ground elevation below the sign. (3) The sign area of signs may be up to 64 square feet in size. (4) Digital signs shall not be permitted except as an incidental addition to a permitted sign ,j+g +taffy. 43 (5) Portable signs and banner signs are allowed only for special events and may be displayed no sooner than 30 days prior to the event and must be removed within 7 days after conclusion of the event. (6) New single pRole signs are not permitted. Single pole signs existing as of [date of adoption] shall be considered conforming uses and may be replaced if they are damaged or destroyed. (F) Architectural Design Standard S44 In addition to the requirements in Section 6.5 (Architectural Design Standards), the following design standards shall apply: (1) Motion made by Jacobs/ seconded by Dorosin at April 7, 2015 BOCC meeting to restore (F)(1)(a), (b), and (c) and to delete the proposed sentence (on the next page). Motion passed (6 -1, with McKee voting "no "). Corporate Franchise Architecture design be permitted with these guidelines design" means a building design that is trademarked, branded, or easily nature. 41 These are requirements in the ECOD which are also good practice for the Efland Village. 42 The Efl and Area Resident Group reviewed existing sign regulations and have suggested the language shown in green text for the Efland Village overlay district. 4s Typographical error corrected on March 5, 2015. The County Attorney's office suggested that the text in orange strikethrough be deleted in late March 2015. 44 (1) through (3) and (5) and (6) are requirements in the ECOD which are also good practice for the Efland Village. (4) is suggested in order to articulate that we are encouraging human scale architecture in the Efland Village overlay district. The existing requirements in Section 6.5 basically implement this point but "human scale" is a more modern term that will likely be recognizable to people in the development community. Orange County, North Carolina — Unified Development Ordinance Page b -3y Article 6: Development Standards Section 6.6: Additional Standards for Overlay Districts The external design of chain businesses should consider and complement the existing community character. (2) The Shall crieRted facing toy.faards the fronting stFeet. (3) Building AGGess (a) A functional deoRNay for public or diFeGt eRtFY aGGeSS into a building shall be provided from the fFGRtinn Street (4) Human Scale and Fenestration (a) New bl3uildings shall be designed to contribute to a human scale. Large expanses of blank walls shall be aveided discouraged and fenestration (the arrangement, proportioning, and design of windows and doors in a building) and /or design features (such as brick coursing changes, decorative architectural features, patterns of paint, or murals) shall should be provided in such a way that a building is relatable to humans and does not overpower the area. (b) Additions to existing non - residential buildings should be designed to both complement the existing building and achieve human scale to the extent feasible. (c) The functional use of the building should be considered when determining design features and fenestration. (5) DFi ie th FOUgh far'I'tiec ore nrnhihiterJ nn all nnn_recirlential ys 45 (6) Mirrored glass is prehibited discouraged and in no case shall comprise more than 50% of the building fagade. Major Transportation Corridor Landscaping and Buffers n addition to the requirements set forth in Section 6.8 of this Ordinance, the owing st ards shall be met: (1) inimum of 100 feet of buffer area from the edge of the ' erstate highway's righ way, shall be preserved. The purpose of this er is to protect, preserve and pro to the visual appeal, character and val of land adjacent to major transportatio acilities; to provide for the se p tion of spaces; and to promote the public healt , afety and welfare thro minimizing potential nuisances such as the transmission noise, odor, d , litter and glare of lights. (2) In areas of dense mature a ,existing vegetation may be used to fulfill the buffer requirements. Whe e is no existing vegetation in the buffer area, or if existing vegetation s not pro ' e a sufficient buffer, all proposed plantings must be shown o e landscape plan fulfill the buffer requirement. The new plantings shal a predominantly evergree nd shall reach a mature size of at Ilea 30 f New trees shall be located so a establish at maturity a conti us screen in the 100 foot buffer area alon a adjacent interstate h' way. (3 Landscaping shall be in accordance with an approved lands ing plan. (4) Any areas left in a natural state shall remain undisturbed except as Ilows: 45 The Efland Area Residents Group has suggested that drive - throughs should be allowed in the Village overlay district, in accordance with existing County regulations. Orange County, North Carolina — Unified Development Ordinance Page 6 -38 Article 6: Development Standards Section 6.8: Landscaping, Buffers & Tree Protection The Planning Director may grant the extension on requests for planting extensions ubmitted between May 15 and September 15 of each year, and may grant the e;xf6nsiQ.nsat other times if there are unfavorable conditions for plantin . (D) If the initial L as expired and conditions are still deeme uitable for planting, an applicant may reques additional extension of up days. During periods of extreme drought, as evidenc the official ration of Stage 3 or greater mandatory water conservation requirements, t ing Director, or designee, may authorize additional 90 -day extensions be the o tension typically allowed. These extensions may be conti throughout the pen o ' which the extreme drought conditions remai (E) The a . ant shall also acknowledge that no Final Zoning Complia ermit shall be ed while there is an active (pending) LREC unless a performance guar a (such as a letter of credit or performance bond) sufficient to cover 110% of the installed landscaping costs has been posted with the Planning and Inspections Department. 6.8.12 Additional Standards for Economic Development Districts (A) Landscape and Tree Preservation Plan The Landscape and Tree Preservation Plan shall be prepared in accordance with the requirements of Section 6.8.10. (B) Preservation of Existing Features (1) Natural features such as streams and ponds, hillsides, rock formations, unique vegetation and natural areas, wildlife habitats, and other similar features must be incorporated into the overall development concept. (2) Building sites, parking areas, and other uses shall be situated in such a way as to protect existing tree stock having a diameter of one -foot or greater when measured four and a half feet above ground level. (3) Trees to be saved shall be noted on the landscape and tree preservation plan and appropriate measures to protect the tree stock from damage during construction, including no grading within the critical root zone, shall be indicated in accordance with Section 6.8.4. (4) Where possible, trees shall be protected in stands or clusters. (5) The siting of buildings shall take advantage of scenic views and take into consideration the impact of new structures on views from off -site. (6) Where ever possible, access to views are to be preserved for adjacent property owners and passing motorists. (7) Scenic views and visual elements within the visual corridor shall be identified and preserved where possible. (C) Buffering Neighboring Uses (1) A minimum buffer of 100 feet in width is to be provided at the boundary of all Economic Development Districts. Section reference (2) In accordance with Section � 6.6.5, a buffer of 100 feet in width is to be maintained adjacent to the right -of -way of interstate highways. update (3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the boundary adjacent to the Clearview Subdivision and adjoining residential area on the north side of West Ten Road. (4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86 roadway corridor. For properties located within the EDH -1 zoning district, a 50 foot wide buffer is required. Orange County, North Carolina — Unified Development Ordinance Page 6 -57 Article 6: Development Standards Section 6.8: Landscaping, Buffers & Tree Protection Section (5) Limited breaks in required interstate highway buffers may be allowed in reference accordance with Section 6. 6.3(5) 6.6.5(5). update (6) Buffers may consist of existing wooded areas. If existing vegetation is not sufficient for screening, a planted buffer shall be augmented and interspersed, consisting of 50 -75% evergreen trees reaching a minimum mature height of 30- feet. (7) In lieu of the Land Use Buffers required in Section 6.8.6, buffers between adjacent land uses, whether internal or external to the project, shall be provided in accordance with the Land Use Buffer Schedule that follows. (8) Trees with a caliper of six inches or greater should be considered for preservation. (9) No grading for building or parking shall encroach upon required buffer. (10) Landscape buffer widths may be reduced if the buffer material is adequate to provide additional screening. (11) Decorative walls may be used to augment required landscaping for buffer reduction. (12) Access and utility crossings are to be made as close to perpendicular as possible to the length of the buffer. (13) No land disturbances for buildings, parking, or storage, drainage, etc. are permitted within a required buffer. Orange County, North Carolina — Unified Development Ordinance Nage b -5u Article 7: Subdivisions Section 7.13: Flexible Developments o provide for the active and low impact recreational ne ounty residents, inclu ementation of the Master Recr Parks Plan. (8) To provide greater efficien a siting of services and infrastructure by reducing road utility runs, an nt of paving for development. (9) create compact neighborhoods accessible to open spa ities and with a strong identity. 7.13.2 Applicability (A) All Flexible Development subdivision plats shall comply with the requirements and standards specified herein and in all respects with other applicable codes and ordinances to the extent that they are not in conflict with these provisions. Section (B) Flexible Developments located within the Stoney Creek Basin Overlay District shall comply with provisions of Section 4.6 4.846 of this Ordinance. reference update (C) The Village Option for a Flexible Development shall not be located in the Rural Buffer (RB) zoning district. (D) Applicants seeking approval of a Minor Subdivision Final Plat by the Planning Department are encouraged to work with the Planning Department staff in identifying and preserving open space areas as part of such developments. 7.13,3 Open Space Standards Minimum Required Open Space (1) Where a developer elects to seek approval of a Flexible Dev opment as specified herein, at least 33% of the total land area in the exible Development must be set aside as protected open space. (2) uch open space shall meet the standards contain in this Section unless the de loper chooses to seek approval of a conven i nal subdivision as specified herein. (B) Planning for Ope Xea e (1) Open span in subdivision pro' cts shall be planned as part of a comprehero ct design. (2) The long -tccess ope pace is improved when a layout is chosen with a perspectivure usefu ss, efficiency, connectivity and compatibility w ith both existielopme an ther types of open spaces. (3) Open spa im rtant ameni for subdivision residents and an essential part of the y' character and en i nmental quality. (4) Open spaning must indicate a thou tful understanding of that importancshall be evaluated based on i merits. (5) A Flexi Development subdivision plan shall alwa provide open space which pro ently meets at least one of the three following g Is in open space design: The Maintenance of Wildlife Corridors and /or Habi (b) The Preservation of Rural Character; or (c) The Creation or Protection of Space for Outdoor Recreation. (6) When relevant, a Flexible Development subdivision plan shall address th following additional goals in open space design: 46 This reference change is necessary due to renumbering Sections in order to insert the two proposed overlay district. 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