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Agenda - 05-05-2015 - 5a
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 5, 2015 Action Agenda Item No. 5 -a SUBJECT: Comprehensive Plan and Unified Development Ordinance Text Amendments for Agricultural Support Enterprises Within the Rural Buffer Land Use Classification (No Additional Comments Accepted) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENTS: 1. Comprehensive Plan /UDO Amendment Outline Form (UDO /Zoning 2013 -10) 2. Statement of Consistency 3. Ordinance Amending Comprehensive Plan and UDO 4. Excerpt of Minutes from February 24, 2014 Quarterly Public Hearing 5. Planning Board's Statement of Consistency and Excerpts of Minutes of May 7, 2014 and April 1, 2015 (Draft) Meetings 6. Resolutions Adopted by the Towns of Carrboro and Chapel Hill and Orange County to Amend the Joint Planning Documents INFORMATION CONTACT: Perdita Holtz, Planner III, 919 - 245 -2578 Craig Benedict, Director, 919 - 245 -2592 John Roberts, County Attorney, 919 - 245 -2318 PURPOSE: To receive the Planning Board recommendation, close the public hearing, and make a decision on Planning Director initiated text amendments to the Comprehensive Plan and Unified Development Ordinance to implement a program commonly referred to as "Agricultural Support Enterprises" within the Rural Buffer land use classification. As a reminder, the reconvening of this hearing is solely to receive the Planning Board recommendation and any additional written evidence submitted since the February 24, 2014 Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public. While the BOCC may ask staff questions related to the review of a given item, comments from the public shall not be solicited. BACKGROUND: The form in Attachment 1 contains additional information and analysis regarding these County initiated amendments that will implement a program that has been in development since 2001. The necessary amendments to the Joint Planning Land Use Plan and Agreement have been adopted by Orange County and the Towns of Chapel Hill and Carrboro (see Attachment 6) so the County can now consider adoption of the implementing regulations to 2 its Comprehensive Plan and Unified Development Ordinance (UDO). The Towns of Carrboro and Chapel Hill made recommendations regarding the UDO amendments which have been incorporated into the amendment package contained in Attachment 3. Public Hearing The proposed Comprehensive Plan and UDO amendments were heard at the February 24, 2014 Quarterly Public Hearing. Attachment 4 is an excerpt from the minutes of the public hearing. Attachment 2 contains the required Statement of Consistency indicating the proposed amendment is consistent with the adopted Comprehensive Plan. Attachment 3 contains the proposed amendments with changes to incorporate the Towns' recommendations shown in colored text. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 2 and proposed amendment package contained in Attachment 3. The amendments, since originally heard at public hearing in 2014, are reasonable and represent common ground that helps implement agricultural business goals. Planning Board Recommendation: At its May 7, 2014 meeting, the Planning Board unanimously voted to recommend approval of the originally proposed amendments. The proposal was reconsidered by the Planning Board on April 1, 2015 to provide for Planning Board review of the changes to the text that had been made in response to the Towns' recommendations and to have the Planning Board adopt a Statement of Consistency, a requirement that began after May 2014. On April 1, 2015, the Planning Board voted 7 -1 to recommend approval of the amendments. The member who voted "no" was not a member of the Planning Board in May 2014. The Planning Board's signed Statement of Consistency and Draft Minutes are included in Attachment 5. Procedural Information: In accordance with Sections 2.3.10 and 2.8.8 of the Unified Development Ordinance, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board's recommendation. Additional oral evidence may be considered by the Planning Board only if it is for the purpose of presenting information also submitted in writing. The public hearing is held open to a date certain for the purpose of the BOCC receiving the Planning Board's recommendation and any submitted written comments. The Resolutions adopted by the Towns of Carrboro and Chapel Hill (Attachment 6) should be considered written comments. FINANCIAL IMPACT: See Section C.3 in Attachment 1. RECOMMENDATION: The Manager recommends the Board- 1 . Receive the Planning Board's recommendation; 2. Close the public hearing; 3. Deliberate as necessary on the proposed amendments; and 4. Decide accordingly and /or adopt the Statement of Consistency, contained within Attachment 2, and the Ordinance amending the Comprehensive Plan and UDO contained within Attachment 3, as recommended by the Planning Board and staff. Attachment 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning- 2013 -10 Agricultural Support Enterprises Within the Rural Buffer Land Use Classification A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map: From: To: ❑ Zoning Map- From - To: ❑ Other: Text Amendments ❑ Comprehensive Plan Text: Section(s) Appendix F: Land Use and Zoning Matrix ® UDO Text: ❑UDO General Text Changes ❑UDO Development Standards ❑UDO Development Approval Processes �ection(s): Sections 2.5.4, 2.7.4, 2.8.5, 3.8, 5.2, 5.13.2, 5.14.2, 5.14.4, 5.16.1, 5.16.2, 5.17.7, 5.17.18, and 6.2.2 ❑ Other: B. RATIONALE 1. Purpose /Mission To complete the Agricultural Support Enterprises (ASE) project that has been in development since 2001. The purpose of ASE is to enable bona fide farmers to engage in uses related to agriculture on their farmland in order to generate additional farm income with the intent of better enabling farmers to keep farming, thereby preserving an important part of Orange County's heritage. Use - specific and general 3 1 0 development standards are also proposed in order to minimize any adverse impacts on adjoining and nearby properties. The ASE program within the Rural Buffer land use classification will potentially allow for development of more agriculturally - related uses in the geographic area of the county designated "Rural Buffer" by utilizing a new conditional zoning district (ASE -CZ) and by expanding agriculturally - related uses in the Rural Buffer general use zoning district. 2. Analysis Readers are encouraged to also view the companion Amendment Outline Form for "Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification" to gain more information about the entire ASE program (available as part of item #5 -a on the May 20, 2014 BOCC agenda: http: / /orangecountync.gov /occlerks /140520.pdf). Because a text amendment to the Joint Planning Area Land Use Plan and Agreement was necessary in order to apply the ASE program to the Rural Buffer, this Comprehensive Plan /UDO text amendment was proposed separately from the companion text amendment which applied to the County's planning jurisdiction that is not designated "Rural Buffer." The required amendments to the Joint Planning Area documents were heard at the March 27, 2014 joint planning public hearing and the amendments were approved by the three local governments as of April 7, 2015. The ASE concept, as it pertains to the Rural Buffer, was discussed at the November 21, 2013 Assembly of Government meeting. Meeting materials are available at: _http: / /orangecount�nc.gov /occlerks /131121.pdf As required under Section 2.8.5 of the UDO, the Planning Director is required to: `cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. The following information is offered: The Rural Buffer is a geographic area of the county, under Orange County's planning jurisdiction, that is also part of the Joint Planning Area (JPA) Agreement which is an agreement between Orange County and the Towns of Chapel Hill and Carrboro (see for links to JPA documents and maps). Agricultural uses are located in the Rural Buffer and "Agriculture," as a type of use, was "folded" in to the Rural Buffer land use category in the JPA Land Use Plan when the plan was developed /adopted. The Rural Buffer is "further defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres." Changes were made to the JPA documents in 2014 to clarify that agricultural uses exempt from zoning regulations are allowed in the Rural Buffer. The changes made to the JPA documents in 2015 allow low- intensity agricultural support uses in the Rural Buffer. The County UDO amendments for "ASE within the Rural Buffer" could not be considered for adoption until after the amendments to the Joint Planning Area Land Use Plan and Agreement were adopted by all three local governing bodies. The existing Rural Buffer (RB) zoning district includes the following Pu 2 statement: The purpose of the Rural Buffer (RB) District is to provide locations for rural residential developments and agricultural, silvicultural or horticultural uses which serve to buffer or separate more intensively planned and /or developed portions of Orange County. Development within the Rural Buffer (RB) District is at very low densities (the minimum lot size per dwelling unit is two acres) and relies on individual wells and ground absorption systems for domestic water supply and sewage disposal, respectively. The RB purpose statement shows that agricultural uses were envisioned to be allowed /included in the Rural Buffer and the amendments made in 2014 to the JPA documents clarified this idea. The proposed UDO text amendment would add the following agriculturally - related uses /activities as "permitted by right" in the RB general use zoning district, subject to the use - specific standards in Article 5 and the general development standards in Article 6: • Agricultural Processing Facility, Community • Community Farmers' Market • Cooperative Farm Stand • Community Meat Processing Facility • Non -Farm Use of Farm Equipment • Microbrewery with Minor Events (requires Class B SUP) • Winery with Minor Events (requires Class B SUP) • Microbrewery, production only (requires Class B SUP) • Winery, production only (requires Class B SUP) • Rural Heritage Museum (requires Class B SUP) • Rural Special Events The proposed text amendment also would allow application of the ASE -CZ conditional zoning district in the Rural Buffer. Conditional zoning districts allow applicants to apply for a rezoning that can be considered on a case -by -case basis, taking into account the suitability of a particular parcel of land for a proposed use(s). Mutually agreed upon development or operational conditions can also be applied to the rezoning action. Conditional zoning districts are a regulatory tool that help local governments allow appropriate uses on a site - specific basis while also allowing the imposition of conditions that may help ease nearby residents' concerns about a particular use. Because of the uniqueness of the Rural Buffer, some of the uses applicants may apply for as an ASE -CZ rezoning request will not be available for properties located in the Rural Buffer land use classification. The following uses have been deemed too intensive to be considered for the Rural Buffer: • Composting operation, with grinding • Meat Processing Facility, Regional Additionally, the Towns of Carrboro and C • Stockyards / Livestock Markets • Sawmills I Hill recommended that the followi 5 four uses be deleted from consideration for location within the Rural Buffer and the proposed amendment package excludes these uses in the Rural Buffer: • Agricultural Processing Facility • Microbrewery with Major Events • Winery with Major Events • Assembly Facility Greater than 300 Occupants R Use - specific development standards for most of the new uses are located in in Article 5. The standards are intended to mitigate any adverse impacts a proposed use may cause to adjacent properties. Additionally, the development standards applicable to all development in Orange County (Article 6 of the UDO) will apply to the uses included in this amendment; examples of the standards in Article 6 are: land use buffers, parking, signage, stream buffers, and performance standards such as noise. The Land Use and Zoning Matrix in the Comprehensive Plan is proposed to be amended to show that the ASE -CZ zoning district could be applied in the Rural Buffer land use classification. Completion of the ASE zoning program is included in the County's adopted (2009) Agricultural Development and Farmland Protection Plan available at: hp: / /www.oranecountync.ov /ercd/ documents / farmland %20protection /Orange %20 County %20A PP %20Adopted °/ ®2011- 17- 09.pdf 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and regional agriculture. Objective AG -3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. 4. New Statutes and Rules N/A C. PROCESS 11 1. TIMEFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed September 5, 2013 b. Quarterly Public Hearin February 24. 2014 c. BOCC Updates /Checkpoints May 14, 2013 - work session September 9, 2013 - special work session November 21, 2013 - Assembly of Governments meeting (issues related to Rural Buffer) February 4, 2014 — approve legal ad for quarterly public hearing March 27, 2014 —joint public hearing for JPA- related amendments June 3, 2014 — approved JPA - related amendments October 16, 2014 — Joint Orange County /Town of Carrboro meeting November 19, 2014 — Assembly of Governments meeting April 7, 2015 — approved revised JPA - related amendments May 5, 2015 - receive Planning Board recommendation on UDO amendment oackaae within the Rural Buffer d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission /Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements and additional outreach as described below. a. Planning Board Review: October 2, 2013 — ORC Meeting November 6, 2013 — ORC Meeting (continued) - Comments were incorporated into the proposed amendments and the Planning Board stated it was ready for the proposal to be heard at a public hearing. The ORC agrees that removing the most intensive uses in the ASE -CZ zoning district from consideration in the Rural Buffer is likely the most feasible way to proceed. May 7, 2014 — made recommendation to approve amendments as presented at February 24, 2014 quarterly public hearing March 4, 2015 — reviewed changes suggested by the Towns of Carrboro and Chapel Hill and made recommendation on revised amendments b. Advisory Boards: Agricultural Preservation Board (APB) reviewed and discussed the entire ASE program at its October 16, November 20, 2013, and January 15, 2014 meetings The consensus of the APB is that the Board is supportive of moving forward with the proposed ASE program and would like farmers to have the ability to apply for as many 7 R c. Local Government Review: November 21, 2013 Assembly of Governments (AOG) Meeting to Present to Elected Officials Proposed amendment package formally sent to JPA partners on January 17, 2014. Town of Carrboro reviewed JPA amendments along with UDO amendments at meetings on: June 3, 2014 June 17, 2014 September 9, 2014 October 7, 2014 October 14, 2014 January 13, 2015 (not discussed due to time constraints) January 27, 2015 October 16, 2014 — discussion item at joint Orange County /Town of Carrboro meeting types of agriculturally - related uses as possible. The Board agrees that removing the most intensive uses in the ASE -CZ zoning district from consideration in the Rural Buffer is likely the most feasible way to proceed. August 13, 2013 - Planning staff informally notified Chapel Hill and Carrboro Planning Directors of work in progress and anticipated AOG item December 5, 2013 - Planning staff notified Chapel Hill and Carrboro Planning Directors of the need for a joint planning public hearing on March 27, 2014 to consider text amendments to the JPA plan and agreement to allow ASE uses in the Rural Buffer Town of Chapel Hill reviewed JPA amendments along with UDO amendments as ancillary discussion at meetings on: June 9, 2014 November 10, 2014 January 26, 2015 (no discussion, consent item to continue public hearing) February 23, 2015 (no discussion, consent item to continue public hearing) March 9, 2015 November 19, 2014 — discussion item at AOG meeting d. Notice Requirements Item was included in the legal advertisement for the February quarterly public hearing which was published in The Herald Sun and the News of Orange on February 12 and 19, 2014. e. Outreach: ® General Public: The Public Information Meeting scheduled for February 13, 2014 had to be rescheduled to February 17 due to inclement weather. The meetina was advertised in the leaal ad. cress ;lease, and posted flyers in government buildings /facilities nd businesses in the county. The press release was ublished in the print version of the News of Orange on 3nuary 29, 2014. ® Other: Planning staff has worked with DEAPR staff and the Agricultural Preservation Board to ensure the "agricultural community" is informed of the amendments. 3. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement will be paid from FY2013 -14 Departmental funds budgeted for this purpose. Existing County staff included in Departmental staffing budgets will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS These amendments would allow for appropriate agriculturally - related uses either by right, with a special use permit, or via a conditional zoning district (ASE -CZ) in the Rural Buffer land use classification, subject to use - specific standards (Article 5) and the general development standards (Article 6) that apply to all development. Please also see section B.2 above for additional information. E. SPECIFIC AMENDMENT LANGUAGE See Attachment 3. Primary Staff Contact: Perdita Holtz Planning & Inspections 919- 245 -2578 pholtz @orangecountync.gov W 7 10 STATEMENT OF CONSISTENCY OF PROPOSED COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE AMENDMENTS WITH THE 2030 COMPREHENSIVE PLAN AND /OR OTHER ADOPTED COUNTY PLANS Orange County has initiated text amendments to the Comprehensive Plan and Unified Development Ordinance to potentially allow appropriate agricultural support enterprise uses in the Rural Buffer land use classification. The Board of County Commissioners finds: The requirements of Sections 2.3 and 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and 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 documentation within the record denoting that the rezoning is consistent with the adopted 2030 Comprehensive Plan and /or other adopted County plans. The amendment is consistent with applicable plans because it. • Supports the following 2030 Comprehensive Plan goals and objectives: Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and regional agriculture. Objective AG -3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. Achieves completion of the ASE zoning program as recommended in the County's adopted Agricultural Development and Farmland Protection Plan (2009). The amendments are reasonable and in the public interest because. • The proposed amendments potentially allow for the location of uses related to agriculture in a rural area of Orange County, thereby helping to strengthen the rural community by possibly providing additional income sources for farmers or other rural interests and by providing a "rural infrastructure" in areas of the county with few non - residential opportunities. • The proposed amendments achieve a reasonable balance of protecting existing land uses while allowing for appropriate development by instituting use - specific standards on most of the additional uses or by requiring a rezoning to a conditional zoning district which 11 will allow for the imposition of conditions that would mitigate any adverse impacts of development. • The proposed amendments provide for public participation in the development review process by requiring a rezoning to a conditional zoning district or a special use permit for all but the least- intensive uses. • The proposed amendments promote public health, safety, and general welfare by furthering the goals and objectives of the 2030 Comprehensive Plan, including implementation of the County's adopted Agricultural Development and Farmland Protection Plan (2009). The Board of County Commissioners hereby adopts this Statement of Consistency and findings expressed herein. Earl McKee, Chair Date 12 Ordinance #: ORD- 2015 -011 Attachment 3 AN ORDINANCE AMENDING THE ORANGE COUNTY COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE WHEREAS, Orange County initiated amendments to the Orange County Comprehensive Plan and Unified Development Ordinance, as established in Sections 1.1 and 1.7 of the Orange County Unified Development Ordinance (UDO), in order to allow for appropriate low- intensity agricultural support enterprise uses within the Rural Buffer land use classification, 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 Agricultural Development and Farmland Protection Plan (2009) and is internally consistent with the 2030 Comprehensive Plan or part thereof including, but not limited to, the following: Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and regional agriculture. Objective AG -3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. 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 and Unified Development Ordinance are hereby amended as shown on the attached pages. 13 BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 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. SEAL Clerk to the Board of Commissioners 14 Amendment Package for "Agricultural Support Enterprises" Within the Rural Buffer Notes The pages that follow contain the amendments necessary to the Unified Development Ordinance (UDO) text and Comprehensive Plan text to adopt changes related to "Agricultural Support Enterprises" (ASE) within the Rural Buffer land use classification. The following colors /text effects are used: • Red Text: Proposed additions /changes to existing text, presented at the February 2014 quarterly public hearing. • Red Strikethre gh Text: Proposed deletions of existing text, presented at the February 2014 quarterly public hearing. • Green i exi: Changes suggested after the February 2014 quarterly public hearing as a result of review /comment by the Towns of Carrboro and Chapel Hill. Some 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 online at: http: / /orangecountync.gov /planning /Ordinances.asp Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text /sections downward. 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 stFikethr96igI text. Article 2: Procedures 15 Section 2.5: Site Plan Review (T) e lines and numbers if the development is to be phased; (U) Methods of al of trees, limbs, stumps and construction debr ociated with the permitted activity. Op ning of trees, limbs, stumps r construction debris associated with the permitte is expres ibited; (V) Compliance with County adopte ss m ement, transportation and /or connectivity plans and denote the lo i of future roadway(s) a cess easements, whether public or priv , ensure and encourage future connectivi , (W) . ional information may be required based on the site location and the f development proposed. 2.5.4 Procedures and Timeframes (A) Upon submission, the Planning Director shall review the site plan application for completeness in form and content according to this Article. (B) If an application is incomplete, it will be returned to the applicant within five working days. (C) When a complete application has been accepted, the plan(s) shall be distributed to applicable agencies, DAC, and other departments for review and comment. (1) Applications for agricultural support enterprise uses located within the Rural Buffer land use classification, as depicted on the Future Land Use Map of the adopted Comprehensive Plan, shall be forwarded to the County's Agricultural Preservation Board for review and comment. (a) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (b) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE -CZ zoning district, as detailed within Section 5.2.3 of this Ordinance.' (D) The Planning Director shall review the plan(s) based on, but not limited to, the following general criteria: (1) Compliance with all applicable County ordinances; (2) Extent and intensity of impacts to the surrounding area; (3) Respect for existing site conditions, including slope, vegetation, drainage patterns, etc.; (4) Efficient use of the land to minimize disturbance and grading and to conserve energy; (5) Safe and efficient vehicular and pedestrian circulation; (6) Logical placement of structures and other site functions; (7) No open burning of trees, limbs, stumps and construction debris associated with the permitted activity; and (8) Compliance with any previously issued Special Use or Conditional Use Permit(s) associated with the project. 1 This section is being added in response to Town of Carrboro and Chapel Hill recommendations that the Agricultural Preservation Board be given the opportunity to review and comment on any applications in the Rural Buffer. Planning staff is recommending a 30 day comment period to ensure that the review /approval process for uses permitted by right does not become overly lengthy. However, the APB generally meets only every other month so a special meeting may need to be called to review any applications. Orange County, North Carolina — Unified Development Ordinance Page 2 -11 Article 2: Procedures 16 Section 2.7: Special Use Permits (9) d of disposal of trees, limbs, stumps and construction d ssociated with the p d activity, which shall be by some other than open burning. (10) Statement from the applic Ica a anticipated development schedule for the build -out of olect. (11) dent from the applicant in justification of any request fo for a period of more than two years (five years maximum). 2.7.4 Staff Review (A) The Planning Director shall cause an analysis to be made of the application by qualified representatives of the County and other agencies or officials as appropriate. (1) Applications for agricultural support enterprise uses located within the Rural Buffer land use classification, as depicted on the Future Land Use Map of the adopted Comprehensive Plan, shall be forwarded to the County's Agricultural Preservation Board for review and comment. (a) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (b) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE -CZ zoning district, as detailed within Section 5.2.3 of this Ordinance.2 (B) The Planning Director shall submit the analysis to the Board of County Commissioners and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment, in the case of Class B Special Uses. (C) The appropriate Board reviewing the application shall receive and enter the analysis into evidence during the public hearing. The analysis shall be subject to examination by all interested parties and the Planning Director shall be subject to cross - examination regarding the analysis. (D) The Planning Director shall not make a recommendation on the general findings detailed within Section 5.3 of this Ordinance 2.7.5 ighborhood Information Meeting (A) a Public Hearing may be held for a Special Use the applicant is fired to schedule nimum of one neighborhood information meeting. purpose of the meeting is to ob i urrounding property owner input an ments on the proposed development project an w staff an opportunit xplain the review process associated with the request. (B) The applicant shall obtain pro wnefTnQing address information from the Orange County Planning Depart , which shall utilize a County Land Records data, and shall mail certifie ces of the meeting date and time ch property owner within 500 feet of property for which a Special Use has been reque (C) applicant shall mail notice of the Neighborhood Information Meeting �aum 4 days prior to the date of the meeting. z This section is being added in response to Town of Carrboro and Chapel Hill recommendations that the Agricultural Preservation Board be given the opportunity to review and comment on any applications in the Rural Buffer. Planning staff is recommending a 30 day comment period to ensure that the review /approval process does not become overly lengthy. However, the APB generally meets only every other month so a special meeting may need to be called to review any applications. Orange County, North Carolina — Unified Development Ordinance Page 2 -18 Article 2: Procedures 17 Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments A traffic impact study as required by Section 6.17. (G) IForamenclments to the Special Flood Hazard Area Overlay District, pertaini to a Letter of MQD Amendment: (1) levation certificate with either an MT -1, MT -2, or MT- (forms available throu FEMA), or (2) A "No- ImpaZVQanalysis for a Letter of Map (H) All other circumstances, fa-OtQrs and reasons tha e applicant offers in support of the proposed Zoning Atlas and /or fled Develo ent Ordinance text amendment. 2.8.4 Applications for Amendment - Joint Pla Applications for amendments to the O ge County U � d Development Ordinance and Zoning Atlas for the purpose of incorpora g the provisions of the ape Hill Land Development Ordinance (and Zoning Maps nd /or the Carrboro Land Use 'nance (and Zoning Maps) shall be processed as specifie erein and as specified in the Joint Plan Agreement adopted November 2, 1987, a as amended from time to time. Any text a ndments adopted by Orange County shall be adopted by reference a ough fully set fo erein. Any map amendments adopted by Orange County shall be officially oted on th cunty Zoning Atlas. Where there is inconsistency between the amendment procedur ontained herein and those contained in the Joint Planning Agreement, the provisions of the J Planning Agreement shall apply. 2.8.5 Review, Analysis and Recommendation (A) The Planning Director shall cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners. (B) Applications for agricultural support enterprise uses located within the Rural Buffer land use classification, as depicted on the Future Land Use Map of the adopted Comprehensive Plan, shall be forwarded to the County's Agricultural Preservation Board for review and comment. (1) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (2) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE -CZ zoning district, as detailed within Section 5.2.3 of this Ordinance.3 2.8.6 Public llff i �E uired c A public hearing shall be held before of any r �oning Atlas Amendment and /or text amendment to this Ordinance. The o ners and the Planning Board shall hear applications and public comment for Zoning nts and /or text amendments rdinance in a Quarterly Public Hearing. 3 This section is being added in response to Town of Carrboro and Chapel Hill recommendations that the Agricultural Preservation Board be given the opportunity to review and comment on any applications in the Rural Buffer. Planning staff is recommending a 30 day comment period to ensure that the review /approval process does not become overly lengthy. However, the APB generally meets only every other month so a special meeting may need to be called to review any applications. Orange County, North Carolina — Unified Development Ordinance Page 2 -25 Article 3: Base Zoning Districts 18 Section 3.8: Conditional Districts ASE-CZ AGRICULTURAL SUPPORT Lot size, min., per use 40,000 [1] ENTERPRISES (square feet) Lot Width, min. (feet) 150 PURPOSE Front Setback from 40 ROW, min. (feet) The purpose of the Agricultural Support Enterprises (ASE -CZ) Side Setback, min. 20 [2] District is to provide for agriculturally - related activities that are not (feet) considered bona fide farming activities within the County's planning jurisdiction. Rear Setback, min. 20 [2] (feet) APPLICABILITY Height, max. (feet) 45 [3] The district shall be located in such a manner as to be compatible Floor Area Ratio, max No requirement [4] with the character of existing development of surrounding properties, Required Open Space No requirement [4] thus insuring the continued conservation of building values and Ratio, min. encouraging the most appropriate use of land in the county. Therefore, when evaluating an application for this district, emphasis Required Livability No requirement [4] shall be given to the location of the proposed development, the Space Ratio, min. relationship of the site and site development plan to adjoining property, and the development itself. This district shall nAt he Wharf OR the Dural Ru5@r land „go nl000lflno +,,,., as deSi..Rated by Required Recreation No requirement [4] r, the adopted r„r„ ehonol „o olAn ¢ Space Ratio, min. DIMENSIONAL STANDARDS NOTES: [1] Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. [2] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Pedestrian / No requirement [4] adjacent residential district. Landscape Ratio, min. [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] The overall development will be evaluated to ensure compatibility with surrounding properties and with planning objectives. DEVELOPMENT ASE-CZ DISTRICT SPECIFIC DA-D 1. Uses shall be restricted to those indicated for the ASE -CZ District in Section 5.2. Certain uses shall not be approved on parcels located within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan (refer to Section 5.2.3 for these uses). Additionally, non - residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property). The ASE -CZ district is not intended for residential uses such as subdivisions. Any residential uses are to be occupied by the operator of the associated farm or the proprietor of the approved use. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is 4 This sentence needs to be removed in order to allow certain ASE -CZ uses in the Rural Buffer land use classification. Orange County, North Carolina — Unified Development Ordinance Page 3 -64 Article 3: Base Zoning Districts 19 Section 3.8: Conditional Districts located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. Orange County, North Carolina — Unified Development Ordinance Page 3 -65 Article 5: Uses 20 Section 5.2: Table of Permitted Uses SECTION 5.2h TABLE OF PERMITTWUSES A 5.2.1 Table of Permitted Uses - General Use Zoning Districts ABf ERMITTED USES — GENERAL USE ZONING DISTRICTS — A = CLASS AL USE B = CLASS B SPECIAL USE 0 = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC7 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID — Use may not . permitted aConditional Use District; See Section 5.1.4(E) ^Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) AGRICULTURAL USES Agricultural Processing Facility — Agricultural Processing Facility, Community A Agricultural Services Uses Cold Storage Facility Community Farmers' Market Composting Operation, no grinding Composting Operation, with grinding — Cooperative Farm Stand Equestrian Center Farm Equipment Rental, Sales and Service — Farm Supply Store Greenhouses with On Premises Sales Meat Processing Facility, Community Meat Processing Facility, Regional — Non-Farm Use of Farm Equipment Stables, Commercial — Stockyards / Livestock Markets — CHILD CARE & EDUCA-nONAL FACILITIES Center in a Residence for 3 to 12 Children Orange County, North Carolina - Unified Development Ordinance Page 5 -5 Article 5: Uses 21 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE 0 = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID — Use may not . permitted aConditional Use District; See Section 5.1.4(E) ^Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Child Care Facilities Non-Profit . . nal Cooperative -0------------------- Schools: Dance, Art & Music Schools: .. . .. 00000000-----0- ----- ------------0----0�-- Orange County, North Carolina — Unified Development Ordinance Page 5 -6 Article 5: Uses 22 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE 0 = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID – Use may not . permitted aConditional Use District; See Section 5.1.4(E) ^Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Repair Service Electronic & Appliance Restaurants: Carry Out Restaurants: Drive In Restaurants: General Rural Guest Establishment: Bed & Breakfast Rural Guest Establishment: Bed & Breakfast Inn Rural Guest Establishment: Country -00------------------ Minor Events -0------------- --000- EXTRACTIVE USES Extraction of Earth Products -0-------------0 -000- 1 Orange County, North Carolina – Unified Development Ordinance Page 5 -7 Article 5: Uses 23 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE 0 = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID — Use may not . permitted aConditional Use District; See Section 5.1.4(E) ^Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Military Installations (National Guard & Reserve Armory) — MANUFACTURING, ASSEMBLY& PROCESSING Assembly and Packaging Operations Including ail Order Houses, But Excluding On-Premises R t Outlets Industrial, Heavy — Industrial, Light — Industrial, Medium — Microbrewery, production only-0---------------©©©- Printing & Lithography production only -0---------------©©©- MEDICAL USES Health Services: Over 10,000 Sq. Ft. ------------©-------- Health Services: Under 10,000 . Ft. ---------©-©©©©------ Veterinary Clinic Veterinary Clinic, mobile Veterinary Hospitals RECREATONAL USES =OEM Botanical Gardens &Arboretums Camp/Retreat Center Golf Driving and Practice Ranges Parks, Public & Non-Profit Orange County, North Carolina — Unified Development Ordinance Page 5-8 Article 5: Uses 24 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE 01 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Recreational Facilities (Non - Profit) B B B B B B B B B B B B B B B B B Recreational Facilities (Profit) I I * Golf Course A A A A A A A A A A A A A A A A A RESIDENTIAL USES Dwelling; Mobile Home * Dwelling; Multiple Family Dwelling; Single - Family Dwelling; Two - Family Family Care Home Group Care Facility B B B B B B B B B B B B B B B Rehabilitative Care Facility Residential Hotel (Fraternities, Sororities, and Dormitories ) — A A A A A Rooming House TELECOMMUNICATIONS Telecommunication Tower— Stealth (75 feet or shorter Telecommunication Towers (Over 75 feet and under 200 feet B B B B B B B B tA B B B B B B ttA B B Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A TEMPORARY USES Buildings, Portable B B B B B B B B B B B B B B Temporary Mobile Home (Custodial Care) B B B B B B B B B B Orange County, North Carolina — Unified Development Ordinance Page 5 -9 Article 5: Uses 25 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DisTRicTs USE TYPE 01 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Temporary Mobile Home (Use during construction /installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy) AUTOMOTIVE / TRANSPORTATION Bus Passenger Shelter Bus Terminals & Garages — Motor Freight Terminals — Motor Vehicle Maintenance & Repair (Body Shop) — Motor Vehicle Repair Garage — Motor Vehicle Sales / Rental (New & Used) Al Motor Vehicle Services Stations Parking As Principal Use, Surface or Structure Petroleum Products: Storage & Distribution — Postal & Parcel Delivery Services UTILITIES Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B Public Utility Stations & Sub - Stations, Switching Stations, Telephone Exchanges, Water& Sewage Treatment Plants A A A A A A A A A A A A A A A A A A A A Electric, Gas, and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B Water & Sanitary Sewer Pumping Solar Array — Large Facility B B B B B B B B B B B B B B B B B B B Solar Array — Public Utility A A A A A A A A A A A A A A A A A A A WASTE MANAGEMENT ' See Section 5.15.1 for special standards Orange County, North Carolina — Unified Development Ordinance Page 5 -10 Article 5: Uses 26 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE 0 = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID – Use may not . permitted aConditional Use District; See Section 5.1.4(E) ^Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Landfills (2 Acres or More) – 000------------0 -000- Landfills (Less Than 2 Acres) – 000------------0-000- Waste Management Facility; .. . ------------0-- ---00- MISCELLANEOUS Accessory Uses • .. - . - .. • 000------------ --000- Assembly Facility Greater Than 300 Assembly Facility Less Than 300 ---------©-©--------- Clubs or Lodges; Social; Fraternal or Union Clubhouses Community Crematoria – Historic Sites Non -Residential/M ixed Use 000------------ ------ Kennels, Class I Research Facility – Research Lands & Installations, Non-profit Rural Heritage Museum Rural Special -©-------------©----- Special Events (Less than r ----------- © ©----- ©-- Orange County, North Carolina – Unified Development Ordinance Page 5 -11 Article 5: Uses 27 Section 5.2: Table of Permitted Uses 5.2.3 Table of Permitted Uses — Conditional Zoning Districts E OF PERMITTED USES — CONDITIONAL zi���� =j'ERmnrTED USE USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. AGRICULTURAL USES Agricultural Processing Facility ^ Agricultural Processing Facility, Community Agricultural Services Uses Cold Storage Facility Community Farmers' Market Composting Operation, no grinding Composting Operation, with grinding A Cooperative Farm Stand Equestrian Center Farm Equipment Rental, Sales and Service Farm Supply Store Feed Mill Greenhouses with On Premises Sales Meat Processing Facility, Community Meat Processing Facility, Regional A Non -Farm Use of Farm Equipment Stables, Commercial Stockyards / Livestock Markets ^ CHILD CARE & EDUCATIONAL FACILITIES Center in a Residence for 3 to 12 Children Child Care Facilities Orange County, North Carolina — Unified Development Ordinance Page 5 -21 Article 5: Uses 28 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — CONDITIONAL PERMirrED USE USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Libraries Non - Profit Educational Cooperative Schools: Dance, Art & Music Schools: Elementary, Middle & Secondary Schools: Vocational Universities, Colleges & Institutes COMMERCIAL USES Banks & Financial Institutions Beauty & Barber Shops Construction (Sector 23) Contractors, Building & Trade Country Store Finance & Insurance (Sector 52) Funeral Homes Garden Center with On Premises Sales Hotels & Motels Insurance Carriers & Agents Junkyards Kennels, Class I Kennels, Class II Laundry & Dry Cleaning Services Management of Companies & Enterprises (Sector 53) Massage, Business of Metal Fabrication Shop Orange County, North Carolina — Unified Development Ordinance Page 5 -22 Article 5: Uses 29 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — CONDITIONAL PERMirrED USE USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Microbrewery with Minor Events Microbrewery with Major Events A Nightclubs, Bars, Pubs Offices & Personal Services, Class 1 Offices & Personal Services, Class 2 Offices & Personal Services, Class 3 Professional, Scientific & Technical Services (Sector 54) Real Estate Agents & Brokers Repair Service Electronic & Appliance Restaurants: Cary Out Restaurants: Drive In Restaurants: General Retail, Class 1 Retail, Class 2 Retail, Class 3 Rural Guest Establishment: Bed & Breakfast Rural Guest Establishment: Bed & Breakfast Inn Rural Guest Establishment: Country Inn Storage of Goods, Outdoor Storage or Warehousing: Inside Building Studio (Art) Taxidermy Theater, IndoororOutdoor(including Drive -ins) Tourist Home Orange County, North Carolina — Unified Development Ordinance Page 5 -23 Article 5: Uses 30 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — CONDITIONAL PERMirrED USE CONDITIONAL ZONING DISTRICTS USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Wholesale Trade Winery with Minor Events Winery with Major Events ^ EXTRACTIVE USES Extraction of Earth Products GOVERNMENTAL USES Governmental Facilities & Office Buildings Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments Military Installations (National Guard & Reserve Armory) Public Administration (Sector 92) MANUFACTURING, ASSEMBLY& PROCESSING Assembly and Packaging Operations Including Mail Order Houses, But Excluding On- Premises Retail Outlets Industrial, Heavy Industrial, Light Industrial, Medium Manufacturing (Sector 31 -33) Microbrewery, production only Pharmaceutical Products Printing & Lithography Sawmills ^ Winery, production only MEDICAL USES Health Services: Over 10,000 Sq. Ft. Orange County, North Carolina — Unified Development Ordinance Page 5 -24 Article 5: Uses 31 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES - CONDITIONAL PERMirrED USE USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Health Services: Under 10,000 Sq. Ft Hospitals Veterinary Clinic Veterinary Clinic, mobile Veterinary Hospitals RECREATIONAL USES or Arts, Entertainment & Recreation (Sector 71) Botanical Gardens & Arboretums Camp /Retreat Center Golf Driving and Practice Ranges Guest Ranch Parks, Public & Non - Profit Recreational Facilities (Non - Profit) Recreational Facilities (Profit) Golf Course Race Track (Motorized, etc.) and Go -Kart Track Facilities RESIDENTIAL USES Dwelling; Mobile Home Dwelling; Multiple Family Dwelling; Single - Family Dwelling; Two - Family Family Care Home Group Care Facility Rehabilitative Care Facility Orange County, North Carolina — Unified Development Ordinance Page 5 -25 Article 5: Uses 32 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — CONDITIONAL PERMirrED USE USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Residential Hotel (Fraternities, Sororities, and Dormitories) Rooming House TELECOMMUNICATIONS Telecommunication Tower— Stealth (75 feet or shorter) Telecommunication Towers (150 feet in height or shorter) Telecommunication Towers (greater than 150 in height) TEMPORARY USES Buildings, Portable Temporary Mobile Home (Custodial Care) Temporary Mobile Home (Use during construction /installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy TRANSPORTATION Bus Passenger Shelter Bus Terminals & Garages Motor Freight Terminals Motor Vehicle Maintenance & Repair (Body Shop) Motor Vehicle Repair Garage Motor Vehicle Sales Rental New & Used Motor Vehicle Services Stations Parking As Principal Use, Surface or Structure Petroleum Products: Storage & Distribution Postal & Parcel Delivery Services UTILITIES Orange County, North Carolina — Unified Development Ordinance Page 5 -26 Article 5: Uses 33 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES — CONDITIONAL PERMirrED USE CONDITIONAL ZONING DISTRICTS USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Elevated Water Storage Tanks Public Utility Stations & Sub - Stations, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants Electric, Gas, and Liquid Fuel Transmission Lines Water & Sanitary Sewer Pumping Solar Array — Large Facility Solar Array — Public Utility WASTE MANAGEMENT Landfills (2 Acres or More) Landfills (Less Than 2 Acres) Waste Management Facility; Hazardous & Toxic MISCELLANEOUS Accessory Uses Airports, General Aviation, Heliports, S.T.O.L. Assembly Facility Greater Than 300 Occupants A Assembly Facility Less Than 300 Occupants Cemetery Church Clubs or Lodges; Social; Fraternal or Union Clubhouses Community Center Crematoria (4) Historic Sites Non - Residential /Mixed Use Information (Sector 51) Research Facility Orange County, North Carolina — Unified Development Ordinance Page 5 -27 Article 5: Uses 34 Section 5.2: Table of Permitted Uses Orange County, North Carolina — Unified Development Ordinance Page 5 -28 Article 5: Uses 35 Section 5.13: Standards for Agricultural Uses AZ analysis of whether other wells in the vicinity of sed use are expec e affected by withdrawals y the proposed use. (2) If located adjacent to reside o erty, all buildings and outdoor storage areas s ocated a minimum of 1 m the property line. (3) oor storage areas shall be screened from the view of any adja residentially zoned property. 5.13.2 Agricultural Processing Facility, Community (A) General Standards for Evaluation (1) If located in an AR or RB zoning district, facility shall be located on the bona fide farm of one of the cooperative farm partners or must be permitted as an ASE -CZ. (2) The building shall not exceed 10,000 square feet in size. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (4) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (5) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 5.13.3-�C_old Storage Facility (A) eral Standards for Evaluation (1) ted adjacent to residentially zoned property, all b i ings and outdoor storage as shall be located a minimum of 100 from the property line. (2) Outdoor storage s shall be screen om the view of any adjacent residentially zoned prop (3) 5.13.4 Communit (A) The site shall be locate a m Comprehensive P unless pe ,mers' rket Standards for Evaluation , as classified in the Orange County s.an ASE -CZ. (1) The minimum lot size shall be 3 acres unless permitted as an ASE -CZ. Orange County, North Carolina — Unified Development Ordinance Page 5 -122 Article 5: Uses 36 Section 5.14: STANDARDS FOR MANUFACTURING, ASSEMBLY & PROCESSING 5.1Wal Fabrication (A) Stand or ASE -CZ Zoning District (1) Facility mus ted on a bona fide f (2) Minimum lot size: 3 acre (3) Maximu . ing size: 3,000 square feet. If located adjacent to residentially zoned property, all building erations must be located a minimum of 200 feet from the property line. 5.14.2 Microbrewery, production only 5.14.3 (A) Standards for Class B Special Use Permit or ASE -CZ Zoning District (1) If located in an AR or RB zoning district, the microbrewery must be located on a bona fide farm. (a) A microbrewery, production only, that is located on a bona fide farm, and which utilizes primarily crops produced on -site is considered a bona fide farming use and is not subject to zoning regulations. (b) A microbrewery, production only, that does not utilize primarily crops produced on -site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. (2) If located adjacent to residentially zoned property, all buildings shall be located a minimum of 100 feet from the property line. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. (A) General Standards F0 ion and ASE -CZ (1) Minimum lot size: 5 equipment, and storage shall be located a min' iiTrmqq- 00 feet Orange County, North Carolina — Unified Development Ordinance Page 5 -130 Article 5: Uses 37 Section 5.15: Standards for Automotive /Transportation Related Uses from rty line. (3) Hours of operation shal d to the ho een 7 a.m. and 7 p.m. (4) Site shall have direct acc major roa ssified in the Orange County Comprehen i n, and shall use said road as the pri ess, unless ed otherwise in the permit. 5.14.4 Winery, production only (A) Standards for Class B Special Use Permit or ASE -CZ Zoning District (1) If located in an AR or RB zoning district, the winery must be located on a bona fide farm. (a) A winery, production only, that is located on a bona fide farm, and which utilizes primarily crops produced on -site is considered a bona fide farming use and is not subject to zoning regulations. (b) A winery, production only, that does not utilize primarily crops produced on -site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. (2) If located adjacent to residentially zoned property, all buildings shall be located a minimum of 100 feet from the property line. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.15.1 Motor Vehicle Sales /Reatal (New & Used) in the NC -2 Zonin (A) Standards for the NC -2 Zo ' District (1) This use shall only be permi . hin the Commercial Transition Activity or Commercial- Industri nsition Activ ode land use classifications, as designated o and Use Element Map o dopted Comprehensive Plan. (2) T e shall have direct access onto a State maintaine dway. A maximum of 12 cars may be stored or displayed on -site. Orange County, North Carolina — Unified Development Ordinance Page 5 -131 Article 5: Uses 38 Section 5.16: Standards for Medical Uses 5.16.1 Veterinary Clinic (A) Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning District (1) In the AR and ASE -CZ zoning districts5, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall be located a minimum of 100 feet from the property line. 5.16.2 Veterinary Clinic, mobile (A) Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning District (1) In the AR, aPA R -1, and ASE -CZ zoning districts, this use is intended to be located on the same property as the operator's residence. The mobile clinic shall be parked to the side or rear of the residence, not in front of the residence, unless permitted otherwise in the permit. (2) For all zoning districts in which this use is permitted, observation shelters for up to three large or small animals shall be considered an accessory use. The permit may specify a greater number of observation shelters and may limit the maximum number of days an individual animal may be observed. (3) If adjacent to residentially zoned property, all mobile clinic operations shall be located a minimum of 100 feet from the property line. (4) Veterinary services whereby the public brings their animal to the mobile clinic location shall not be permitted, unless specifically permitted in the permit. 5.1>-3_ Veterinary Hospital Standards for ASE -CZ Zoning District (1 In the ASE -CZ zoning district, this use is intended primarily for ge animal cilities but may also contain an ancillary small animal co onent. (2) If loca adjacent to residentially zoned property, uildings and facilities shall be located inimum of 100 feet from the pr rty line. 5.17.1 Churches (A) General Standards (1) Churches ar quired to provide setbacks shall be ollows: Front tial districts; the minimum 45 5 This change accomplishes one of the recommendations made by the Towns of Carrboro and Chapel Hill. It should be noted that this standard will apply to areas outside of the rural buffer as well. However, the County Attorney's office was not comfortable with using Comprehensive Plan land use classifications (e.g., "Rural Buffer ") as a basis of a standard. This comment also applies to the change made in 5.16.2 immediately below. It should be noted that these two uses are not permitted in the RB general use zoning district and are permitted in the Rural Buffer only through the ASE -CZ rezoning process. Orange County, North Carolina — Unified Development Ordinance Page 5 -132 Article 5: Uses 39 Section 5.17: Standards for Miscellaneous Uses i) Habitat Maintenance (i) Habitats identified in the biological inventory and habit created through mitigation shall be maintained in accordan with the Resources Management Plan and /or a consery on easement agreement; and (ii) .ntenance of habitats shall be minim , consisting primarily of mai ining buffers and enhanceme s, removal of exotic (non- native) nt species, and keepi drainage ways functioning properly. Q) Access Access to the subdivision ccess to lots within the subdivision to existing public roads sh con fo to and be in compliance with any public road access nagement p adopted by Orange County. (k) Maintenance otAprovements (i) AI ite improvements such as roads, tilities (including irrigation nd drainage structures), habitat enhanbements, recreational amenities, signage, landscaping, open spa , etc. will be maintained in function and appearance. (ii) Maintenance specifications, if any, for on -going site anagement (including provisions for handling of storm debris in op space areas) shall be submitted as part of the Resources Mana ment Plan and incorporated into Homeowners' Association documents. 5.17.7 Rural Heritage Museum (A) Standards for Class B Special Use Permit or ASE -CZ Zoning District (1) If located adjacent to residentially zoned property, all buildings, facilities, and parking areas shall be located a minimum of 100 feet from the property line. (2) The maximum building size in an AR or RB zoning district shall be 5,000 square feet. 5.17.8 Rural Special Events (A) General Standards for Evaluation or ASE -CZ or MPD -CZ Zoning Districts (1) Must be located on a bona fide farm. (2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on -site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of parking area(s). (c) A map depicting surrounding uses and the distance to residential structures. (3) The temporary or seasonal commercial activities that comprise the special event must pertain to agricultural or rural - related activities. (4) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (5) Events permitted by right in the AR, RB, and AS zoning districts shall be limited Orange County, North Carolina — Unified Development Ordinance Page 5 -141 Article 5: Uses 40 Section 5.17: Standards for Miscellaneous Uses to no more than 150 people at one time and shall occur no more than 12 days per year. Events exceeding these limits must be approved as an ASE -CZ or MPD -CZ. (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (8) Food services are not allowed unless approved in the permit. (9) Documentation shall be submitted from the Fire Marshal and Building Inspections Department stating that all areas open to the public meet state regulations. Orange County, North Carolina — Unified Development Ordinance Page 5 -142 Article 6: Development Standards 41 Section 6.2: Lot & Building Standards (1) um lot area, lot width, and setback requirements as in Article 3 of this Ordina be reduced for lots create of a Flexible Development subdivision as provide on is Ordinance. (C) Flag Lots (1) ots as defined in Article 10 are accommodated for as pro Section 7.7 of this Ordinance. (D) Reuse of Existing Farm Buildings within the Rural Buffer Zoning Districts (1) Setback requirements may be lessened through the appropriate permitting process for agricultural support enterprise uses that reuse farm buildings in existence as of [date of adoption; scheduled for consideration on May 5, 2015] that are currently located within the required setback area. (a) This provision applies to agricultural support enterprise uses currently zoned RB. (b) The setback width shall not be lessened to a distance less than the setback required in the RB general use zoning district. (c) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE -CZ zoning district, as detailed within Section 5.2.3 of this Ordinance. Clustering UNIV -CA &UNIV — PW Watershed Protection Overlay DZeiofnt7 (1) Clustering of residential lots is permitted in accord Ordinance. (2) ach lot shall contain a minimum of one acre. (B) All Other rlay Districts Clustering of resi tial lots is permitted in accordance wi Ordinance. 6.2.4 Irregular Lots Any irregular lot of record at the time these gul ns became effective may be subdivided in compliance with applicable subdivision rezul la s and improvement requirements, to create additional regular lots, provided that suEsu �a'o equirements of the district and that no residual substandard lots remain as a cn. 6.2. 5 Principal Uses There shall be no more tgaKone principal use on any zoning lot exNpt where: (A) Permitted a,%4 CU District or CZ District; or (B) Thep el is located within an Economic Development District, Com cial Transition Ac ty Node, Commercial - Industrial Transition Activity Node, Rural Neig rhood ctivity Node, or Rural Community Activity Node, as designated by the Comp ensive Plan; or The parcel is less than 2 acres in size, and non - residential multiple uses are pro within a single principal structure; or 6 This section is being added in response to Town of Carrboro and Chapel Hill recommendations that the reuse of existing farm buildings, especially those 50 years or older, be encouraged by providing a mechanism to reduce or waive setback requirements that would otherwise apply to new agricultural support uses. The language proposed for adoption incorporates review comments made by the County Attorney's office. Orange County, North Carolina — Unified Development Ordinance Page 6 -2 42 2030 Comprehensive Plan Amendments 43 Appendix F: Land Use and Zoning Matrix Appendix F. Relationship Between Land Use Categories and Zoning Districts Matrix Per the Orange County Zoning Ordinance, zoning districts are applied to each of the Land Use Element categories as follows. A matrix is provided at the end of this appendix that summarizes the zoning districts applied to each category. COUNTY RESIDENTIAL TRANSITION (20 -Year Transition). Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. The applied zoning districts include: R 1 (low density); R 2, R 3, and R 4 (medium density); and R 5, R 8, and R 13 (high density) residential uses. COUNTY RESIDENTIAL TRANSITION (10 -Year Transition). Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. Non - residential uses implemented in accordance with small area plans and /or overlay districts may be appropriate. The applied zoning districts include: R 1 (low density); R 2, R 3, and R 4 (medium density); and R 5, R 8, and R 13 (high density) residential uses, and Zoning Overlay Districts. COUNTY COMMERCIAL TRANSITION. Identifies areas changing from rural to urban in form and density. A full range of intensities of commercial development would be appropriate. The applied zoning districts include: LC 1 (Local Commercial); NC 2 (Neighborhood Commercial); CC 3 (Community Commercial); GC 4 (General Commercial); OI (Office and Institutional); and ED (Economic Development). COUNTY INDUSTRIAL TRANSITION. Identifies areas changing from rural to urban in form and density. A full range of industrial activities would be appropriate and allowed. The applied zoning districts include: I 1 (Light Industrial); 1 2 (Medium Industrial); 1 3 (Heavy Industrial); and ED (Economic Development). CHAPEL HILL AND CARRBORO TRANSITION. On November 2, 1987, a ,Joint Planning Agreement was adopted by Orange County and the Towns of Chapel Hill and Carrboro. The Agreement became effective on November 14, 1988, following the adoption, by Orange County, of zoning plans prepared by the two municipalities for their respective Transition Areas. The applied zoning districts are those contained in the Chapel Hill Land Development Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land use plan categories contained in the Orange County Chapel Hill Carrboro ,Joint Planning Land Use Plan. Reference should be made to the appropriate municipal ordinance and zoning map for a description of the districts and applicable development standards. Under the terms of the ,Joint Planning Agreement, the Towns of Chapel Hill and Carrboro are responsible for permit administration within their respective Transition Areas. RURAL BUFFER, Ora Ve,Cou*i.ty CoTnpre � &Platy Page F-1 .. Appendix F: Land Use and Zoning Matrix Only very low density residential, aftd agricultural uses exempt from zoning regulations, and low- intensity agricultural support uses' are appropriate in the Rural Buffer. The applied zoning district is RB (Rural Buffer). RURAL RESIDENTIAL. Identifies rural areas to be developed as low intensity and low density residential. The applied zoning district is R 1 (low density) Residential). AGRICULTURAL RESIDENTIAL. Agricultural activities and associated residential and commercial uses predominate. The applied zoning districts reflect this primary land use and include: AR (Agricultural Residential) and AS (Agricultural Services). RURAL COMMUNITY ACTIVITY NODE. Identifies rural crossroads communities throughout the County where small scale commercial activities serving the community and surrounding area are appropriate. The applied zoning districts include: LC 1 (Local Commercial) and NC 2 (Neighborhood Commercial). RURAL NEIGHBORHOOD ACTIVITY NODE. Identifies areas in the County where small scale commercial uses serving the population in the surrounding area are appropriate. The applied zoning districts include: LC 1 (Local Commercial) and NC 2 (Neighborhood Commercial). RURAL INDUSTRIAL. Identifies rural areas in the County where small scale industrial activities would be appropriate. The applied zoning district is I 1 (Light Industrial). PUBLIC INTEREST AREA. These lands are considered valuable for recreational and research purposes and are afforded special treatment. The applied zoning district is PID (Public Interest District). ECONOMIC DEVELOPMENT ACTIVITY NODE: Identifies areas in Transition areas of the County which have been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office, and service /retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. The applied zoning district is ED (Economic Development). ' These changes are being suggested to ensure consistency between the Comprehensive Plan language and the language that was adopted as part of the Joint Planning Agreement amendments. Ora V&Cou*i.ty CoTnpre � &Platy Page F-2 45 ppendix F: Land Use and Zoning Matrix Ora4i eiCaunitty Cawprdte�&Pla, ZONING DISTRICTS N en Q Q Q W W W G H = y a �xQ NQ N N Land Use Classifications & w w w e U U Overlays ai (x N M T V U W4 W W W a Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement- Contact Carrboro Transition appropriate Municipality for applicable Zoning Standards 10 -Year Transition 20 -Year Transition Commercial Transition o Activity Node Commercial- Industrial Transition Activity F Economic Development Transition Activity Node Rural Buffer Rural Residential Agricultural Residential Rural Community Activity Node a' Rural Neighborhood Activity Node Rural Industrial Activity Node a, Public Interest Area Ora4i eiCaunitty Cawprdte�&Pla, Attachment 4 - Excerpt of Quarterly Public Hearing Minutes APPROVED 4/15/2014 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING February 24, 2014 7:00 P.M. The Orange County Board of Commissioners met with the Orange County Planning Board for a Quarterly Public Hearing on February 24, 2014 at 7:00 p.m. at the DSS Officers, Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney) COUNTY STAFF PRESENT: Interim County Manager Michael Talbert and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Planning Board members Maxecine Mitchell, Johnny Randall, Paul Guthrie, Herman Staats, Tony Blake, and H.T. "Buddy" Hartley PLANNING BOARD MEMBERS ABSENT: Chair Pete Hallenbeck, Lisa Stuckey, Andrea Rohrbacher and James Lea Chair Jacobs called the meeting to order at 7:03 pm. He reviewed the following item the bers' places: - ooklet/Blue Sheets /Cream Sheets /PowerPoint — Item C -1 — Class A Special /se Pe it - Letter tem C -3 - Unified Development Ordinance (UDO) Text Ameno ent A. OPENING REM KS FROM THE CHAIRS B. PUBLIC CHARGE The Chair dispensed wi e reading of the public C. PUBLIC HEARING ITEMS Planning Board Member Buddy Ha ey intro ced this item. 1. Class A Special Use Permit - To revi a ss A Special Use Permit application seeking to develop a solar array /p is utility s on on two parcels of property, totaling approximately 5Z of Redman Ro between the railway and Interstate 85/40 in Cheeks Buddy Hartleyg a special use permit is uasi- judicial setting, so approval or denial of su ed on sworn testimony and 'deuce from individuals who are speaking b re the Board. So, we will ask that all individuals th wish to speak on this be sworn to ore the clerk. who were speaking to this item were then sworn in. W5 "el Harvey: Good evening. I am Michael Harvey of the Orange County Planning partment. I have been duly sworn, and my job here this evening is to present to you a Cl M 47 ab to communicate. He said he is sure there will be concern and pushback over the er issue i e future. Co issioner Gordon said she does think the ground water is a key con n. She said the County doe ncourage businesses that have low water usage, as part o conomic development. She 'd the consideration of water usage is a legitimate cern, and the County has to consider t exceeding the carrying capacity. She thinks the Boar eeds time to consider the definitio Perdita Holtz said, per th rior discussion the plan is adjourn until the May meeting. Chair Jacobs said, after all th ime the Board ha pent on this, he hopes it does not get hung up on how many gallons of wa are allow He said the water issue is important; but there are a lot of people who can benefit is, and he feels it is possible to come up with reasonable standards. He hopes staff i w with the planning board to come up with something that is sensitive to the concer of farmers well as the concerns of people who worry about our ground water. A motion was made ommissioner Rich, seconded by missioner McKee to: 1. Refer the matter to th arming Board with a request that a recom dation be returned to the Boar County Commissioners in time for the May 20, 20 OCC regular meeting. 2. Adjourn th ublic hearing until May 20, 2014 in order to receive and accept the Plannin oard's recommendation and any submitted written comments. UNANIMOUS 6. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text Amendments - To review government- initiated amendments to the text of the UDO to establish a zoning program commonly referred to as Agricultural Support Enterprises (ASE) within the Rural Buffer land use classification. Perdita Holtz reviewed the following PowerPoint slides: Agricultural Support Enterprises Within the Rural Buffer Land Use Classification Quarterly Public Hearing February 24, 2014 Item C.6 Purpose of Amendment • Allow appropriate agricultural support enterprises within the Rural Buffer land use classification • Will augment allowable uses famers can pursue in order to generate additional farm - related income while minimizing any adverse impacts on adjoining property • Intent is to better enable farmers to keep farming which will help preserve the rural heritage of Orange County, including the geographic area that comprises the Rural Buffer • Balance between rights of property owner and rights of neighboring property owners Two Proposed ASE Amendments • Outside of Rural Buffer land use classification • Within Rural Buffer land use classification W Requires amendments to Joint Planning Area documents • Orange County, Towns of Chapel Hill & Carrboro must approve JPA amendments • March 27, 2014 joint planning public hearing • JPA documents must be amended before these proposed UDO /Comprehensive Plan changes can be adopted by Orange County Will be on longer review /approval timeframe The more intensive uses could not be considered in the Rural Buffer, under the current proposal Unified Development Ordinance & Comprehensive Plan Amendments • Only a few changes /additions would be necessary to the ASE text applicable outside of the Rural Buffer to allow ASE uses within the Rural Buffer • District chart in Article 3 • Additions to RB zoning district in Table of Permitted Uses for General Use Zoning Districts • Noting that some uses shall not be approved in the ASE -CZ if located in the Rural Buffer • Additions to some of the use - specific standards in Article 5 • Comprehensive Plan amendment to allow new ASE -CZ zoning district in the Rural Buffer land use category Project Review /Approval Process • Depends on use being proposed within the Rural Buffer • Three basic processes: • Staff review /approval • Special Use Permit • Class B is reviewed /approved by Board of Adjustment • Class A is reviewed /approved by Board of County Commissioners (none in RB) • Rezoning • General Use district (not applicable in the Rural Buffer) • Conditional district (including proposed ASE -CZ) • All projects within the Rural Buffer are sent to JPA partners for review and comment, in accordance with the JPA Agreement Permitted Outright vs. SUP or Conditional Zoning • Less intensive uses added to the Table of Permitted Uses as permitted outright • Subject to use - specific and general development standards • Community Agricultural Processing Facility • Community Farmers Market • Cooperative Farm Stand • Community Meat Processing Facility • Non -Farm Use of Farm Equipment • Rural Special Events • Staff approval • More intensive uses must be permitted through either the Special Use Permit process or rezoned as an ASE -CZ • Class B Special Use Permit • Microbrewery with Minor Events • Winery with Minor Events W • Microbrewery, Production Only • Winery, Production Only • Rural Heritage Museum Special Use Permits are "quasi- judicial" proceedings • Public Hearing • Decided on a case -by -case basis with public input ( "evidence ") Conditional Zoning District (ASE -CZ) Some of the more intensive uses that can be applied for as an ASE -CZ could not be applied for in the Rural Buffer • Composting Operation with grinding • Regional Meat Processing Facility • Stockyards /Livestock Markets • Sawmills • Both Agricultural Preservation Board and Planning Board Ordinance Review Committee agree on removing these uses from consideration in the Rural Buffer Conditional Zoning District (ASE -CZ) • Conditional zoning districts allow projects to be considered on a case -by -case, site - specific basis • Rezoning (legislative process) with public hearing • Acknowledges that there are places where a specific type of use may be appropriate whereas it would not be in a different site - specific situation • BOCC has final decision on whether a proposed use(s) is compatible with surrounding uses • Mutually agreed upon conditions can be imposed as part of the approval process • Allows tailoring of project to a specific site • Table of Permitted Uses lists the types of uses that can be applied for as an ASE -CZ JPA Review November 21, 2013 Assembly of Governments meeting to discuss with elected officials Amendment Package sent to JPA partners on January 17, 2014 • To date, no comments have been received Public Notification • Completed in accordance with Section 2.8.7 of the UDO ➢ Newspaper legal ads for 2 successive weeks • Held Public Information Meeting on February 17 (was postponed from advertised date of February 13) ➢ Flyers posted ➢ Press Release • Has been a topic on a few agendas in the past year ➢ BOCC (including Assembly of Governments) ➢ Planning Board ➢ Agricultural Preservation Board • Planning website posting on January 24 Recommendation • Receive the proposal to amend the Comprehensive Plan and Unified Development Ordinance. 50 Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on the proposed amendment. Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the September 4, 2014 BOCC regular meeting. Adjourn the public hearing until September 4, 2014 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Commissioner Gordon referred to the use specific standards chart and asked why this is not included in the rural buffer section. Perdita Holtz said the standards are the same in the rural buffer as they are in the agricultural residential. She referred to the amendment package, in article 5 and said any amendments in red are just adding RB to a few sections. She said the standards are the same, and there has been no re -write of standards to make it pertain to the rural buffer. Commissioner Gordon asked how the Planning Board consideration interfaces with the joint planning consideration. Perdita Holtz said, within the rural buffer, the planning board will make a recommendation on the JPA amendments as well. She said the planning board will be briefed on this in April, and information will be shared from the public hearing, planned for March 27tH She said the UDO revisions being considered tonight will be on the April planning board agenda for them to make a recommendation as well. Commissioner Gordon said the recommendation will be made with just the hearing comments, but not with the comments from the jurisdictions. Perdita Holtz said the UDO amendments are not what are being heard at the March 27th joint public hearing; this is to hear amendments to the joint planning land use plan and agreement, and there are very few amendments that need to occur. Commissioner Gordon asked for a memo listing those amendments. Perdita Holtz said this can be done. Commissioner Gordon asked when the input on the UDO from the Chapel Hill and Carrboro public officials will come. Perdita Holtz said public officials don't comment on UDO amendments unless staff wants to bring something to their attention. Commissioner Gordon asked when these comments are due. Perdita Holtz said these were due by tonight, but these will still be accepted while the public hearing process is going on. She said written comments can be submitted as part of the JPA process. Chair Jacobs asked if there are any items in this proposal that have the same issues that the attorney and staff had in the previous proposal. Perdita Holtz said this is not due to come back until September, so this is not an issue. A motion was made by Commissioner Price, seconded by Commissioner Pelissier to: 1. Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the September 4, 2014 BOCC regular meeting. 2. Adjourn the public hearing until September 4, 2014 in order to receive and accept the Planning Board's recommendation and any submitted written comments. VOTE: UNANIMOUS t 5 STATEMENT OF CONSISTENCY Attachmen 51 OF PROPOSED COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE AMENDMENTS WITH THE 2030 COMPREHENSIVE PLAN AND /OR OTHER ADOPTED COUNTY PLANS Orange County has initiated text amendments to the Comprehensive Plan and Unified Development Ordinance to potentially allow appropriate agricultural support enterprise uses in the Rural Buffer land use classification. The Planninq Board finds: • The requirements of Sections 2.3 and 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and • 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 documentation within the record denoting that the rezoning is consistent with the adopted 2030 Comprehensive Plan and /or other adopted County plans. The amendment is consistent with applicable plans because it: • Supports the following 2030 Comprehensive Plan goals and objectives: Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and regional agriculture. Objective AG -3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. Achieves completion of the ASE zoning program as recommended in the County's adopted Agricultural Development and Farmland Protection Plan (2009). The amendments are reasonable and in the public interest because: • The proposed amendments potentially allow for the location of uses related to agriculture in a rural area of Orange County, thereby helping to strengthen the rural community by possibly providing additional income sources for farmers or other rural interests and by providing a "rural infrastructure" in areas of the county with few non - residential opportunities. The proposed amendments achieve a reasonable balance of protecting existing land uses while allowing for appropriate development by instituting use - specific standards on most of the additional uses or by requiring a rezoning to a conditional zoning district which will allow for the imposition of conditions that would mitigate any adverse impacts of development. 52 • The proposed amendments provide for public participation in the development review process by requiring a rezoning to a conditional zoning district or a special use permit for all but the least- intensive uses. • The proposed amendments promote public health, safety, and general welfare by furthering the goals and objectives of the 2030 Comprehensive Plan, including implementation of the County's adopted Agricultural Development and Farmland Protection Plan (2009). The Planning Board hereby recommends that the Orange County Board of County Commissioners consider adoption of the proposed Comprehensive Plan and Unified Development Ordinance amendments. 'Ile Pete Hallenbeck, Chair Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Approved 6/4/14 MINUTES ORANGE COUNTY PLANNING BOARD MAY 7, 2014 REGULAR MEETING MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township Representative; Buddy Hartley, Little River Township Representative; Maxecine Mitchell, At -Large Bingham Township; Herman Staats, At- Large, Cedar Grove Township; Tony Blake, Bingham Township Representative; James Lea, Cedar Grove Township Representative MEMBERS ABSENT: Andrea Rohrbacher, At -Large Chapel Hill Township; Paul Guthrie, At -Large Chapel Hil Township; Vacant- Eno Township Representative; Vacant- Hillsborough Township Representative; Vacant- At- Large; STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, Special Projects Coordinator; Patrick Mallett, Planner II; Tina Love, Administrative Assistant II OTHERS PRESENT: Michael Neal, Hartison Jones, Danny Jones, Pam Jones, Laney Jones ITEM 1: CALL TO ORDER AND ROLL CALL AGENDA ITEM INFORMATIONAL ITEMS a) Planning Calendar for May and June May 27, 2014 Quarterly Public Hearing — 7 p.m. @ Dept. of So' Services— Draft Legal d Attached for Information AGENDA ITEM 3: APPROVAL OF UTES APRIL 2, 2014 REG R MEETING MOTION by Tony Blake to approve the April 2, 20 lanning Boar minutes. Seconded by Lisa Stuckey. VOTE: UNANIMOUS AGENDA ITEM 4: CONSIDERATION OF ADDITIONg TO AGENDA ITEM 5: PUBLIC CHARGE Introduc n to the Public Charge The B ogrd of County Commissioners, under the authority of No Carolina General Statute, a ints the Orange County Planning Board (OCPB) to uphold the ten land development aws of the County. The general purpose of OCPB is to guide and accom ' h coordinated and harmonious development. OCPB shall do so in a manner which considers a present and future needs of its citizens and businesses through efficient and responsive ocess that contributes to and promotes the health, safety, and welfare of the overall County. OCPB will make every effort to uphold a vision of responsive governance and quality public se ' es during our deliberations, decisions, and recommendations. 53 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Approved 6/4/14 AGENDA ITEM 10: 2030 COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS: To make a recommendation to the BOCC on government - initiated amendments to the text of the UDO to establish a zoning program commonly referred to Agricultural Support Enterprises (ASE) within the Rural Buffer land use classification. This item was heard at the February 24, 2014 quarterly public hearing and was previewed at the April 2, 2014 Planning Board meeting. The text amendments can be adopted by the BOCC only if the Joint Planning Land Use Plan and Agreement (item #9 above) is adopted by all three local governments (Orange County, Chapel Hill, and Carrboro). Presenter: Perdita Holtz, Special Projects Coordinator Perdita Holtz: Reviewed Abstract Tony Blake: I have one question, under exclusions, these apply to the rural area and the Rural Buffer or just to the Rural Buffer? Perdita Holtz: All of these apply to the outside of the Rural Buffer but it will also apply within the Rural Buffer if this amendment is adopted. No changes were necessary to that red text in order to make it apply to the Rural Buffer. Lisa Stuckey: There was a lot here about water usage which seemed very forward thinking to me but on page 222, the `greenhouse with on premise sales', there was nothing in that section having to do with water. Perdita Holtz: The reason it is not in there is that is an existing use that is allowed everywhere and it doesn't currently have that ground water use standard. We are looking at it as `do we want to make is more restrictive than it is already' for a use that is already covered in the UDO. Herman Staats: Didn't you also say that bona fide farming operations is not regulated by this. Perdita Holtz: Correct, and any water usage done by the bona fide farm is not regulated. It is just the additional water that would be necessary to run the regulated use. Pete Hallenbeck: I think, also last month we commented, you have to be pretty crazy to start up some sort of business for ag use and depend solely on well water. Pete Hallenbeck: Does anyone have any questions? MOTION by Lisa Stuckey to recommend approval to the BOCC. Seconded by Tony Blake. VOTE: UNANIMOUS 11: COMMITTEE /ADVISORY BOARD REPORTS: --, a. Board of Adjustment Efland- Mebane Small Area Plan Implementation Fo roup (community meeting on 2014 regarding proposed Efland zonin rlay districts) Pete Hallenbeck: Updated the Board on pu ' inform ' meeting held in Efland regarding the proposed overlay districts. AGENDA ITEM 12: AD40 RNMENT: W Pete Hallenbeck, Chair 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Excerpt of Draft 4 -1 -15 DRAFT Planning Board Minutes MINUTES ORANGE COUNTY PLANNING DEPARTMENT APRIL 1, 2015 REGULAR MEETING MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey (Vice- Chair), Chapel Hill Township Representative; Tony Blake, Bingham Township Representative; Paul Guthrie, At -Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; Bryant Warren, Hillsborough Township Representative; Laura Nicholson, Eno Township Representative; Lydia Wegman -At -Large Chapel Hill Township; MEMBERS ABSENT: Maxecine Mitchell, At -Large Bingham Township; Herman Staats, At- Large, Cedar Grove Township; James Lea, Cedar Grove Township Representative; Andrea Rohrbacher, At -Large Chapel Hill Township; STAFF PRESENT: Perdita Holtz, Special Projects Coordinator; Michael Harvey, Current Planning Supervisor; Ashley Moncado, Special Projects Planner AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL *********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** AGENDA ITEM 7: 2030 COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS: To review changes that have been made to the proposed UDO text amendment to establish a zoning program commonly referred to as Agricultural Support Enterprises (ASE) within the Rural Buffer land use classification and to make a recommendation to the BOCC on the revised text amendment. This item was heard at the February 24, 2014 Quarterly Public hearing and the proposal was recommended for approval by the Planning Board at the May 7, 2014 Planning Board Meeting. Presenter: Perdita Holtz, Planning Systems Coordinator Perdita Holtz: Reviewed the item and background. Lydia Wegman: What is an agricultural processing facility community? Perdita Holtz: I don't have all the definitions so I can't read it directly. It is the one that has five or fewer farm partners that are doing an agricultural processing facility on one of their farms. Pete Hallenbeck: Does that imply that the people involved must be farmers from that area? Perdita Holtz: Yes. Orange County or the surrounding counties. Paul Guthrie: How is processing defined? What if five farmers are growing wheat and they put a threshing machine for all them on one farm for an extended period of time. Would that be a processing system? Perdita Holtz: If the machine was outside and not in a building for a limited amount of time. Technically it may be considered, but may fall under bona fide farm regulations. Tony Blake: It is not beef processing? Perdita Holtz: That would be under meat processing. Lydia Wegman: But that is permitted? 55 56 1 Perdita Holtz: Community meat processing would be permitted, but that is not agricultural processing under the definition. There is non -meat and meat. Lydia Wegman: It says, permitted by right. Perdita Holtz: On the table of permitted uses, a community meat processing facility would be permitted by right. Lydia Wegman: If it is permitted by right, that means only the staff gets to address those issues, correct? So the public has no input at all regarding size, noise, and smell? Perdita Holtz: Yes. But there are standards about the size and what is permitted. In the use specific standards for a community meat processing facility, the building cannot be more than 10,000 square feet, located at least 100 feet from the property lines, and outdoor storage only in the rear yard, screened from view. As far as the odors, under the performance standards in Section 6.4..... Michael Harvey: In Section 6.4 there is air pollution, but not odor per say. There are statutory limitations and protections granted to farmers with respect to odors, limiting them from being classified as a nuisance and limiting adjoining property owners to sue under a nuisance provision under the general statute. Lydia Wegman: Are there any restrictions on ag odors? Michael Harvey: There are certain restrictions. Certain farm operations are provided, as defined by state statutes, an exemption from being sued as a nuisance case. Lydia Wegman: About the 100 foot setback, one of the slides talked about reducing the setback if there is an existing farm building so that 100 foot could potentially be reduced so there is no guarantee of 100 feet between the processing facility and the adjoining property. Tony Blake: Would the definition of processing be extended to slaughter? Perdita Holtz: If it's a meat processing facility, yes. If it's agriculture processing not including animals it is just an agricultural processing facility. Lydia Wegman: When does the Agricultural Preservation Board get involved? Perdita Holtz: Their involvement is outlined on pages 22, 23, and 24. Lydia Wegman: The reference in Section 2.5.4(C)(1)(b) is just definitional, it is not limited? Perdita Holtz: Correct. Lydia Wegman: There is no provision for neighborhood information meetings, is that correct? Perdita Holtz: There is if you are doing a special use permit application or rezoning application which is a requirement. It is in Section 2.7. Lydia Wegman: On page 25, Base Zoning Districts, on the ASE -CZ, is there a definition of compatibility, and then it says thus ensuring and I think that should be en and not in, is there a definition of compatibility, continued conservation, building values or appropriate use of land. Perdita Holtz: There is not but the applicability section was taken from existing language in others. It is a legislative decision as to what is compatible. 2 57 II 1 109 Lydia Wegman: Is there any history to what the BOCC would consider? 110 111 Perdita Holtz: Not that I can speak to off the top of my head. It is a case by case. 112 113 Pete Hallenbeck: It is so hard to get everything down in English. A lot of these compatibility issues means if it is a 114 close call it is at the discretion of the BOCC. When we look at all these changes I like to look at the rules and format. 115 What are the rules and then there is the content. Is the general setup and format acceptable in terms of rules and 116 are there specific things in the table of permitted uses I don't like and use that as a way to clarify. 117 118 Lisa Stuckey: On page 14, the towns recommended the four uses that we deleted from the rural buffer. What was 119 their thinking? 120 121 Perdita Holtz: I went to seven meetings with the Town of Carrboro for this discussion. It came down to some of them 122 wanted to vote for something and they wanted this to go forward and so they asked their colleagues what their 123 reservations were and that is what they came up with. 124 125 Pete Hallenbeck: It would be interesting to get a current inventory of any agricultural facilities within the rural buffer 126 that have buildings over 5,000 square feet which would address your setbacks. Another one would be a scatter plot 127 of lots to see how many 100 and 200 acre lots that someone could turn into a farm. 128 129 Paul Guthrie: Is there any language in what you have been working on relative to a piece of property that is 130 legitimately classed as agricultural and wants to begin processing that is now currently under tax leniency? Is there a 131 requirement that the tax be paid before the permit is issued? 132 133 Perdita Holtz: To qualify for the tax value program, if they don't meet the requirements of the tax value program, they 134 will probably drop the tax value for that portion of the property. 135 136 Lydia Wegman: Do you know of any farmers interested in these activities? 137 138 Perdita Holtz: We have had a few inquiries. 139 140 Pete Hallenbeck: I like the fact that the APB is involved. I like the rules on the format. There will always be 141 differences of opinion. 142 143 MOTION: Made by Buddy Hartley, seconded by Tony Blake 144 VOTE: (7 -1) Lydia Wegman opposed. 145 146 Lydia Wegmen: I support some of the uses, but have concerns with a community meat processing facility and why it 147 should be included in the Rural Buffer. To me the Rural Buffer should remain rural and a place to come and relax, 148 enjoy the country. A meat processing facility does not fit into my view of the Rural Buffer. 149 150 Pete Hallenbeck: Just to clarify, you are saying a rural buffer, not an agricultural buffer, and it is a mistake to assume 151 the two are synonymous. 152 153 Lydia Wegman: I know the Rural Buffer definition includes agriculture and I am in support of that, but with concerns 154 over inability to raise nuisance questions over odors under state law, I am not comfortable having that in the Rural 155 Buffer. I will also note that on the community meat processing, part of my concern is that it is permitted by right. If 156 there were an SUP required with input from the neighborhood, I would be willing to support it. 157 158 Paul Guthrie: Any meat processing of any scale will require significant water and water disposal which comes under 159 a whole different thing. Getting a permit could be difficult. 160 161 W Attachment 6 Perdita Holtz, Orange County Planning Department, stated that the County prefers that the Town adopt something that addresses their intent rather than amending the County's UDO language. A motion was made by Alderman Chaney, seconded by Alderman Seils, that this resolution be approved. RESOLUTION AMENDING THE JOINT PLANNING LAND USE PLAN AND JOINT PLANNING AGREEMENT TO ALLOW FOR THE POSSIBILITY OF LOCATING APPROPRIATE LOW INTENSITY AGRICULTURAL SUPPORT ENTERPRISES IN THE RURAL BUFFER LAND USE CLASSIFICATION WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement originally dated September 22, 1987 and amended from time to time, and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Land Use Plan was adopted on October 13, 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions, and WHEREAS, Orange County initiated amendments to the Orange County Comprehensive Plan and Unified Development Ordinance in order to adopt a regulatory program referred to as "Agricultural Support Enterprises Within the Rural Buffer Land Use Classification," a program the County has been working on since 2001, and WHEREAS, amendments to the Joint Planning Land Use Plan and Agreement are necessary prior to Orange County adopting the aforementioned Comprehensive Plan and Unified Development Ordinance amendments, and WHEREAS, a joint public hearing regarding the proposed Joint Planning Land Use Plan and Agreement amendments was held on March 27, 2014, in accordance with the requirements of the Joint Planning Agreement. NOW THEREFORE, the Carrboro Board of Aldermen hereby resolves that the Joint Planning Land Use Plan and Agreement be amended as shown on the attached pages. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends approval of all but four (i.e. Agricultural Processing Facility, Microbrewery w/Major Events, Winery w/Major Events, and Assembly Facility Greater than 300 Occupants) of the proposed agricultural support uses contained in the draft ordinance modifying the Orange County Unified Development Ordinance that may only be enacted after the amendments to the Joint Planning Land Use Plan and Joint Planning Agreement have been approved. The Carrboro Board of Aldermen's approval is predicated on the removal of these uses. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends that the Agricultural Preservation Board, the County's appointed agricultural advisory board be given the opportunity to comment on rezoning and land use permits related to ASE in the Rural Buffer.BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends that reuse of existing farm Town of Carrboro January 27, 2015 59 buildings, especially those 50 years or older, into new agricultural support enterprises, be encouraged by including in the draft ordinance provisions a mechanism for reducing or waiving the 100 -foot property line setback requirements that would otherwise apply to such new enterprises. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen requests that an update on Agricultural Support Enterprises be provided annually at a joint public meeting of the parties to the Joint Planning Agreement. BE IT FURTHER RESOLVED that the amendments to the Joint Planning Land use Plan and the Joint Planning Agreement described above and indicated on the attached pages shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. BE IT FURTHER RESOLVED that Vet Clinics and Hospital Uses are preferred for only large animal care. This the 27th day of January, 2015 The motion carried by the following vote: Aye: Mayor Lavelle, Alderman Haven - O'Donnell, Alderman Chaney, Alderman Seils, Alderman Gist, and Alderman Johnson Nay: Alderman Slade Town of Carrboro January 27, 2015 ME Attachment A - 4 The Rural Buffer is defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses, agricultural uses exempt from zoning regulations, and low - intensity agricultural support uses' a,nd1O consists of the following Joint Planning Area Land Use Plan categories: Rural Residential adAgricultural; Public- Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rural Residential ands ftyl „ultural „Areas are low- density areas consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire subdivision are maintained. In that respect, Rural Residential Areas are identical to the definition of the Rural Buffer. The area includes property supporting farming operations, including forestry activities, established in accordance with the provisions of the North Carolina General Statutes. Public - Private O en Sure Areas include major land areas owned or controlled by public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government lands associated with Jordan Lake, the 100 -foot buffer along 1 -40, and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through research, educational, forest management, and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e., floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Map) which provided the framework within which other land uses are situated. New Hope Creek Corridar O en Space Areas include some of the Resource Protection Areas and a portion of the Public /Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the Rural Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro. Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer — Blackwood station on N.C. Highway 86. 1 The amendments necessary for Agricultural Support uses are shown in italic and underlined text. 61 Attachment A - 5 . t - 4 , Text above the section proposed for amendment has been removed. * Rural Residential an �c.,u�l,t�uw�ral, 9 *Amended 4/2/90 The Rural Residential category is a low- density area consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. The amendments necessary for Agricultural Support uses are shown in italic and underlined text. 62 Attachment A - 6 PACE 84 — JPA LAND USE PLAN Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as long as density limits for the entire subdivision are maintained. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low- density residential uses, agricultural uses exempt from zoning re ulations and low- intensit agricultural support uses, and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low- density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low - density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low- density residential and agricultural uses are anticipated. Development will continue to rely on wells and septic tanks for water supply and sewage disposal. The remaining area designated for Rural Residential and Agricultural development is the Southern Triangle area in the extreme southeastern portion of the County. The area drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is also characterized by environmental constraints such as steep slopes, flood plains and soils with poor stability, so low- density development is projected. There are approximately 9,260 acres of land designated for Rural Residential and Agricultural purposes in the Land Use Plan. If developed at an average density of one dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census figure for population per household (2.6), the estimated population would be 10,231. Text below the section proposed for amendment has been removed. The amendment s necessary for Agricultural Support uses are shown in italic and underline d text. Attachment A - 7 Page 3 of Joint Planning Agreement agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I -40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Public /Private Open Space, Resource Conservation, Extractive /Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low - density area consisting of single- family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are maintained. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low- density residential uses, agrtcultural uses exempt from zoning regulations,m,and ..www__.... low - intensity agricultural support uses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the Count's Uni ied Development ordinance as allowable in the RB (Rural Buffer) general use zoning district or those permitted through the ASE -CZ conditional zoning district. H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in 63 Z Attachment A - 8 C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and /or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. 13. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinanees Unified Development Ordinance3 that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. In the case of y&icultural support uses, both the ASE -CZ conditional zoning districts and the agricultural support uses added to the RB LRural Burr) general use zoning district in 3 Since the County now uses a Unified Development Ordinance, the language in this section should be changed to reflect the current name of the County's land use regulations. 65 Attachment A - 9 2014, Orange County shall not materially chancre the text of its Unified Development Ordinance, as it pertains to the Rural Buffer, unless the amendment is heard at a joint public hearing and adopted by Orange County, Chapel Hill, and Carrboro. Examples of material changes, in this case, are adding or deleting uses to / from the Table of Permitted Uses and /or adding, deleting, or changing the use - specific standards in Article S of the Unified Development Ordinance. i C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period maybe reduced to not less than ten (10) days. Unless Orange County files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment by the respective town shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2.1 C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the town may continue to enforce within its 4 This text is proposed to be added to address concerns that Orange County could significantly change its Unified Development Ordinance after the Towns of Carrboro and Chapel Hill approve amendments to the Joint Planning documents and those changes would be subject only to a staff -level review by Town staff. W MOTION WAS MADE BY ALDERMAN SLADE SECONDED BY ALDERMAN HAVEN - O'DONNELL TO HAVE COUNTY STAFF 1) ADD LANGUAGE TO THE STANDARDS SECTION FOR "WINERY WITH MINOR EVENTS" AND "MICROBREWERY WITH MINOR EVENTS" SIMILAR TO LANGUAGE WHICH ALREADY EXISTS FOR "MICROBREWERY PRODUCTION ONLY" WHICH ENSURES THEY ARE LIMITED TO BEING LOCATED ONLY ON BONA FIDE FARMS AND 2) FOR COUNTY STAFF TO ADD LANGUAGE TO THE STANDARDS SECTION FOR "COLD STORAGE FACILITY" AND "FEED MILL" SIMILAR TO LANGUAGE THAT ALREADY EXISTS FOR "AGRICULTURAL PROCESSING FACILITY, COMMUNITY" WHICH CONDITIONS, WHEN IN THE RURAL BUFFER, THAT THE USE IS FOR LOCAL COOPERATIVE FARM PARTNERS ONLY. THE MOTION FAILED BY THE FOLLOWING VOTE: AYE: HAVEN- O'DONNELL AND SLADE, NAY: SEILS, CHANEY, JOHNSON, LAVELLE, GIST PRESENTATION FROM THE NC METRO MAYORS EXECUTIVE DIRECTOR AND BOARD DISCUSSION OF LEGISLATIVE ISSUES FOR THE 2015 SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY The purpose of this item was to hear a presentation from Julie White, the Executive Director of the NC Metro Mayors Coalition and to request that the Board of Aldermen discuss legislative issues to present to our local delegation at the breakfast. The delegation may be able to pursue some of the issues presented during the upcoming session of the NC General Assembly. Julie White, Executive Director of the NC Metro Mayors Coalition, presented the legislative goals of the Coalition to the Board. Alderman Slade asked for a response from Rep. Price regarding the Trans - Pacific Partnership resolution passed by the Board. He also asked for the attorney to check on the housing code proposed legislation from last year. Alderman Chaney asked for affordable housing financing strategies to be discussed along with the protection of roads from damage due to truck routes related to fracking. She also requested that the Town support historic tax credits and low- income tax credits. Alderman Chaney asked that the Board ask for the delegation's perception on the University System and current changes. Alderman Gist asked that the Board discuss HB 150 with the delegates. Mayor Lavelle asked that the Board discuss the proposed bill for religious freedoms and its anti -GLBT platform. She also asked that the delegation take a look at the way vacancies on the Court of Appeals are filled. Alderman Seils asked that municipal rental inspection and registration programs be discussed along with strengthening of gun control in parks and schools. He asked that the Charter amendment to add sexual orientation, gender identity and gender expression to the list of bases upon which the Board may prohibit housing discrimination be pursued again during this session. DISCUSSION ON USE OF TOWN OWNED PROPERTY LOCATED 110 EAST MAIN Town of Carrboro January 27, 2015 I, Amy T. Harvey, Acting Town Clerk of the Town of Chapel Hill, North Carolina, hereby certify that the attached is a true and correct copy of (2015 - 03-09/R-4) adopted by the Chapel Hill Town Council on March 9, 2015. This the 10th day of March, 2015. Amy T. Harvey Acting Town Clerk (Ir 67 W RESOLUTION A RESOLUTION APPROVING AMENDING THE JOINT PLANNING LAND USE PLAN AND JOINT PLANNING AGREEMENT MODIFYING LANGUAGE TO ENSURE AGRICULTURAL ACTIVITIES ARE ALLOWED THROUGHOUT THE RURAL BUFFER (2015- 03- 09/R -4) WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro have engaged in a cooperative planning effort for the area known as the Rural Buffer as detailed within a Joint Planning Land Use Plan (hereafter `the Plan'), adopted October 13, 1986, and amended from time to time; and WHEREAS, the administration of this Joint Planning Land Use Plan is laid out within the Joint Planning Agreement (hereafter `Agreement'), originally adopted on September 22, 1987, and amended from time to time; and WHEREAS, Orange County initiated amendments to the Plan and Agreement seeking to ensure agricultural activities are allowed throughout the area; and WHEREAS, these amendments to the Plan and Agreement are necessary to ensure consistency with the County's existing land use management program; and WHEREAS, a joint public hearing regarding the proposed Joint Planning Land Use Plan and Agreement amendments was held on November 19, 2014 and March 27, 2014, in accordance with the requirements of the Joint Planning Agreement. NOW, THEREFORE, the Town Council hereby resolves that the Joint Planning Land Use Plan and Agreement be amended as shown on the attached pages Tabled Attachment A -4 through A -9. BE IT FURTHER RESOLVED that the Town Council recommends approval of all but four (i.e., Agricultural Processing Facility, Microbrewery with Major Events, Winery with Major Events, and Assembly Facility Greater than 300 Occupants) of the proposed agricultural support uses contained in the draft ordinance modifying the Orange County Unified Development Ordinance that may only be enacted after the amendments to the Joint Planning Land Use Plan and Joint Planning Agreement have been approved. The Town Council's approval is predicated on the removal of these uses. BE IT FURTHER RESOLVED that the Town Council recommends that the Agricultural Preservation Board, the County's appointed agricultural advisory board, be given the opportunity to comment on rezoning and land use permits related to Agricultural Support Enterprises (ASE) in the Rural Buffer. BE IT FURTHER RESOLVED that the Town Council recommends that reuse of existing farm buildings, especially those 50 years or older, into new agricultural support enterprises be encouraged by including in the draft ordinance provisions a mechanism for reducing or waiving W the 100 -foot property line setback requirements that would otherwise apply to such new enterprises. BE IT FURTHER RESOLVED that the Town Council requests that an update on Agricultural Support Enterprises be provided annually at a joint public meeting of the parties to the Joint Planning Agreement. BE IT FURTHER RESOLVED that Vet Clinics and Hospital Uses are preferred for only large animal care. BE IT FURTHER RESOLVED that the amendments to the Joint Planning Land Use Plan and the Joint Planning Agreement described above and indicated on the attached pages shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. This the 91' day of March, 2015. 70 Attachment A - 4 _11 The Rural Buffer is defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses, agricultural uses exempt from zoning regulations„ and low- intensity agricultural support uses' and, consists of the following Joint Planning Area Land Use Plan categories: Rural Residential adAgricultural; Public- Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rural Residential a„ ndAcricultural Areas are low- density areas consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire subdivision are maintained. In that respect, Rural Residential Areas are identical to the definition of the Rural Buffer. The area includes property supporting farming operations, including forestry activities, established in accordance with the provisions of the North Carolina General Statutes. Public- Private Oaen Sure Areas include major land areas owned or controlled by public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government lands associated with Jordan Lake, the 100 -foot buffer along I -40, and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through research, educational, forest management, and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e., floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Map) which provided the framework within which other land uses are situated. New Hone Creek Corridor O en Snare Areas include some of the Resource Protection Areas and a portion of the Public /Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the Rural Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro. Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer — Blackwood station on N.C. Highway 86. The amendments necessary for Agricultural Support uses are shown in italic and underlined text. 71 Attachment A - e Text above the section proposed for amendment has been removed. *Rural Residential and,,,,,A culturalI *Amended The Rural Residential category is a low-density area consisting of single-family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. 1 The amendments necessary for Agricultural Support uses are shown in italic and underlined text. 72 Attachment A - 6 Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as long as density limits for the entire subdivision are maintained. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low- density residential uses, agricultural uses exempt,frgm ing zonregulatoions, and low-intensity agricultural support uses; and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low- density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low - density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low- density residential and agricultural uses are anticipated. Development will continue to rely on wells and septic tanks for water supply and sewage disposal. The remaining area designated for Rural Residential and Agricultural development is the Southern Triangle area in the extreme southeastern portion of the County. The area drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is also characterized by environmental constraints such as steep slopes, flood plains and soils with poor stability, so low- density development is projected. There are approximately 9,260 acres of land designated for Rural Residential and Agricultural_purposes in the Land Use Plan. If developed at an average density of one dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census figure for population per household (2.6), the estimated population would be 10,231. Text below the section proposed for amendment has been removed. The amendment s necessary for Agricultural Support uses are shown in italic and underline d text. Attachment A - 7 agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJ DA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by 1-40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Public/Private Open Space, Resource Conservation, Extractive/Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are maintained. The Rural Buffer is -further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low-density residential uses, agricultural uses.exe from mP! frmoni -_ &rpgqt qris,.,and low - intensity agricultural support uses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the County's Uni Lied Development ordinance as allowable in the RB (Rural Buffer) general use zoning district or those permitted through the ASE-CZ conditional zoning district. H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in 73 74 Attachment A - 8 C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and /or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. 13. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinanees Unified Development Ordinance3 that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. In the case of y&icultural support uses, both the ASE -CZ conditional zoning districts and the agricultural support uses added to the RB LRural Burr) general use zoning district in 3 Since the County now uses a Unified Development Ordinance, the language in this section should be changed to reflect the current name of the County's land use regulations. 75 Attachment A - 9 2014, Orange County shall not materially change the text of its Unified Develo merit Ordinance, as it pertains to the Rural Buffer, unless the amendment is heard at a joint public hearing and adopted by Orange County, Chapel Hill, and Carrboro. Examples of material changes, in this case, are adding or deleting uses to /from the Table of Permitted Uses and /or adding, deleting, or changing the use - specific standards in Article S of the Unified Development Ordinance. i C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period maybe reduced to not less than ten (10) days. Unless Orange County files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment by the respective town shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2.1 C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the town may continue to enforce within its 4 This text is proposed to be added to address concerns that Orange County could significantly change its Unified Development Ordinance after the Towns of Carrboro and Chapel Hill approve amendments to the Joint Planning documents and those changes would be subject only to a staff -level review by Town staff. 76 Resolution #: RES- 2015 -023 A RESOLUTION AMENDING THE JOINT PLANNING LAND USE PLAN AND JOINT PLANNING AGREEMENT TO ALLOW FOR THE POSSIBILITY OF LOCATING APPROPRIATE AGRICULTURAL SUPPORT ENTERPRISES IN THE RURAL BUFFER LAND USE CLASSIFICATION WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement originally dated September 22, 1987 and amended from time to time, and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Land Use Plan was adopted on October 13, 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions, and WHEREAS, Orange County initiated amendments to the Orange County Comprehensive Plan and Unified Development Ordinance in order to adopt a regulatory program referred to as "Agricultural Support Enterprises Within the Rural Buffer Land Use Classification," a program the County has been working on since 2001, and WHEREAS, amendments to the Joint Planning Land Use Plan and Agreement are necessary prior to Orange County adopting the aforementioned Comprehensive Plan and Unified Development Ordinance amendments, and WHEREAS, a joint public hearing regarding the proposed Joint Planning Land Use Plan and Agreement amendments was held on March 27, 2014, in accordance with the requirements of the Joint Planning Agreement, and WHEREAS, the topic was further discussed by the three governments at the November 19, 2014 Assembly of Governments meeting, and WHEREAS, the Towns of Chapel Hill and Carrboro have made recommendations regarding the proposed amendments to the County's Unified Development Ordinance (UDO) which would implement the Agricultural Support Enterprises program within the Rural Buffer land use classification, and WHEREAS, Orange County will incorporate the recommendations made by the Towns into the proposed LIDO text amendments which are scheduled to be considered at a later date. NOW THEREFORE, the Board of Commissioners of Orange County hereby resolves that the Joint Planning Land Use Plan and Agreement be amended as shown on the attached pages. BE IT FURTHER RESOLVED THAT the amendments to the Joint Planning Land Use Plan and Agreement shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. 77 Upon motion mf Commissioner seconded by Commissioner 61 foregoing resolution 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. ,-, � � -ILAZ Clerk to the Board of Commissioners EN Excerpted Pages of Joint Planning Land Use Plan *Suburban Residential Areas are designated for housing densities ranging from one (1) to five dwell units per acre. Such areas are located where land is changing from rural to urban, suitable f urban densities, nd to be provided with public utilities and services. Housing types range from sing le -f ily to duplexes to ulti- family dwellings. *However, nsities may be lower than one dwelling unit per acre in Suburban sidential Areas. Chapel Hill as part of i Southern Small Area Plan has identified certain areas in th outhern Triangle as being suitable for densitie of exceeding one (1) unit per acre for areas immedi ly east of U.S. 15 -501 and densities not exceeding one unit per five (5) acres for areas immediately t of Old Lystra Road. *Amended 2/1/93 Urban Residential Areas are sim r to Suburban Res' ntial Area in terms of both housing types and public services availability. However, den ties are high ranging from six (6) to thirteen (13) dwelling units per acre. Office - Institutional Areas is a category c sis of establishments which offer an array of financial, insurance, real estate, legal, medical d busines services. Such areas generally have public utilities and services available and are locat adjacent to hea i traveled streets. Future UNC Development i category established for Ian wned by the University of North Carolina, including Horace W'llia Airport and adjacent parcels. Such ds are contemplated for expansion of the UNC campus, p:;as ided e Airport is relocated. Retail Trade are limited in Transition Areas, including existing estab ' hments at Starpoint and Calvander. Zdustrial m for expansion was projected in Transition Areas. Li h Areas are singular, consisting of the Chapel Hill Industrial Park on anks Road and the pr osed site between Eubanks Road and Homestead Road are included in this catego Disposal Use Areas consist of landfill sites, either existing or future. The existing landfill on E nks and the proposed site between Eubanks Road and Homestead Road are included in this category. *Rural Buffer and Conservation *Amended 4/2/90 2/3/92 (effective 2/24/92) 6/9/14 6/17/14 The basic categories of Rural Buffer and Conservation have been combined in the Joint Planning Area Land Use Plan to form a single land use classification — Rural Buffer. The Rural Buffer is defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses ;a agricultural uses exempt from zoning regulations and low- intensity agricultural support use: and consists of the following Joint Planning Area Land Use Plan categories: Rural Residential and Agricultural; Public- Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rura nd Aciricultural Areas are low- density areas consisting of s' or' situated on large lots with a minimu acres, exce t c uster subd'v's'on and then adhering to a density limit of 1 unit for ever per divisions, reducing parcels to 1 acre in area, are allowed- s ablished density limits for the entire subdivisio d. In :l 79 *Amended 4/2/90 6/9/14 The University Lake Watershed Area i de lands which drain into the University Lake Reservoir. Density within this area is limited t w unit for every 5 acres with a required minimum lot size of 2 acres. Based on eferred waters rotections strategy of land use controls as recommended by Ca resser and McKee in the sit Lake Watershed Study, only low- density residentia es are permitted. Cluster subdivisions wi sizes of not less than one (1) acre are als owed so long as density limits are adhered to. There is Ilowance for the creation of 5 1 t a density of 1 unit per 2 acres for property legally in existence as ctober 2, 1989. tonal lots shall be allowed consistent with the 1 unit per 5 acre density as detaile *Rural Residential and Agricultural *Amended 4/2/90 6/9/14 6/17/14 The Rural Residential category is a low- density area consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to 1 acre in area, are allowed as long as established density limits are maintained. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low- density residential uses agricultural uses exempt from zoning regulations intensity agricultural support uses; and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low- density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low- density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low- density residential and agricultural uses are anticipated. Development will continue to rely on wells and septic tanks for water supply and sewage disposal. 83 W Excerpted Pages of Joint Planning Agreement agreem However, it will only be changed as the Joint Planning Are d Use Map is amended if the endments change the 1 on of either the CJ or the CJJDA. F. Joint Courtesy Revea. A portion of the northern Rura fer Area bounded on I -40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Public /Private Open Space, Resource Conservation, Extractive /Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are maintained. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low- density residential uses, agricultural uses exempt from zoning regulations, and low- intensity agricultural support uses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the County's Unified Development Ordinance as allowable in the RB (Rural Buffer) general use zoning district or those permitted through the ASE -CZ conditional zoning district. H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in a to the extent they can legally do so, Orange County, its Board of Commissioners, i dvisory boards, its staff and all ;members of i oards and staffs, in their official and individual ca 'ties, from any anaims, actions, proceedings, expenses, damages or liabilities, includ' a Heys' fees and courts costs, resulting from the towns' administration e ordinances specified in -ons 2.1(C). C. Orange CounA,-<all notify the respective towns and the towns shall Orange County as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and /or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. B. Except as provided herein, proposed amendments to the text of the Orange County Zening and r„i.divisie Ofdi Tees Unified Development Ordinance' that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, ' Since the County now uses a Unified Development Ordinance, the language in this section should be changed to reflect the current name of the County's land use regulations. 12 W and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. In the case of agricultural support uses, both the ASE -CZ conditional zoning districts and the agricultural support uses added to the RB (Rural Buffer) general use zoning district in 2015, Orange County shall not materially change the text of its Unified Development Ordinance, as it pertains to the Rural Buffer, unless the amendment is heard at a joint public hearing and adopted by Orange County, Chapel Hill, and Carrboro. Examples of material changes, in this case, are adding or deleting uses to /from the Table of Permitted Uses and /or adding, deleting, or changing the use - specific standards in Article 5 of the Unified Development Ordinance.2 C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period may be reduced to not less than ten (10) days. Unless Orange County files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment 2 This text was added to address concerns that Orange County could significantly change its Unified Development Ordinance after the Towns of Carrboro and Chapel Hill approve amendments to the Joint Planning documents and those changes would be subject only to a staff -level review by Town staff. 13