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Agenda - 05-23-2016 - C.1 Unified Development Ordinance Text Amendment – O/I (Office/Institutional)
2 ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: May 23, 2016 Action Agenda Item No. C.1 SUBJECT: Unified Development Ordinance Text Amendment — 0/1 (Office/Institutional) Zoning District and Establishment of a New Permitted Use Type DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Ashley Moncado, Planner II (919) 245-2589 Development Ordinance (UDO) Craig Benedict, Director (919) 245-2575 Amendment Outline Form 2. Statement of Consistency 3. Proposed Ordinance 4. Proposed Amendment Summary 5. Approved April 4, 2016 Ordinance Review Committee Notes 6. Draft May 4, 2016 Planning Board Minutes and Statement of Consistency PURPOSE: To hold a public hearing on a Planning Director initiated text amendment to the Unified Development Ordinance (UDO) and Comprehensive Plan regarding the 0/1 (Office/Institutional) Zoning District and establishment of a new permitted use type that would also be permitted in the Industrial Districts (I-1, 1-2, and 1-3). BACKGROUND: Based on Board of County Commissioners' goals to promote economic sustainability through planning policies and orderly growth this amendment is proposed. In order to manage, accommodate, and review mixed use developments containing office, research, and manufacturing, the Planning Director has initiated a text amendment to the 0/1 (Office/Institutional) zoning district. The amendment proposes to: • Rename the 0/1 (Office/Institutional) zoning district to the O/RM (Office/Research and Manufacturing) zoning district. • Allow for additional principal uses to be permitted by right in the modified O/RM district. • Delete residential uses as a permitted use in the modified O/RM zoning district. • Delete tourist home as a permitted use in the modified O/RM zoning district. • Modify the existing assembly and packaging use type in Section 5.2, Table of Permitted Uses. • Create a new permitted use type, Research and Manufacturing Facility, to allow for research facilities with advanced manufacturing operations in the modified O/RM and existing 1-1, 1-2, and 1-3 (Industrial Light, Medium, and Heavy, respectively) zoning districts. The proposed amendment previously included the establishment and permitting of secondary uses in the modified O/RM zoning district. Following a recommendation from the Orange County 3 Attorney's Office, Planning staff separated the original amendment allowing for secondary uses to be presented as a second amendment package which is planned for the September Quarterly Public Hearing. This was recommended because the concept of secondary uses could be applied to a variety of zoning districts in the future. The proposed amendment was presented for review and comment at the April 4, 2016 Ordinance Review Committee (ORC) meeting. Agenda materials from that meeting are available at http://www.co.orange.nc.us/planning/planningboard.asp. Approved summary notes from this meeting are included in Attachment 5. In addition, a public information meeting was held on April 20, 2016 to review the proposed amendments and accept public comment. No concerns about the proposal were expressed by attendees. The Planning Department and Economic Development Departments have reviewed and discussed these amendments and find they further joint goals. Attachment 1 contains additional information and analysis regarding this amendment. Proposed text amendment language can be found in Attachment 3 within a "track changes" format. The table in Attachment 4 summarizes the proposed amendments to the Table of Permitted Uses. Planning Director's Recommendation: The Planning Director recommends approval of proposed text amendments, including the: i. Statement of Consistency contained in Attachment 2, which indicates the proposed text amendments are consistent with the adopted Comprehensive Plan, are reasonable, and are in the public interest, and ii. The text amendment as contained in Attachment 3. Planning Board Recommendation: At its May 4, 2016 meeting, the Board voted unanimously to recommend approval of the Statement of Consistency and the amendment package. Draft minutes from this meeting and the signed Statement of Consistency are included in Attachment 6. Agenda materials from the May 4, 2016 Planning Board meeting can be viewed at: http://www.orangecountync.gov/Planning_Board Agenda Packet Jan 20161.pdf. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement were paid from FY2015-16 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this agenda item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. RECOMMENDATION(S): The Administration recommends the Board: 1. Receive the proposed amendments to the UDO as detailed in this abstract and attachments. 2. Conduct the public hearing and accept comment on the proposed amendments. 4 3. Close the public hearing. (Note that, because this is a legislative decision, additional comments at a later date are permitted). 4. Decide on one of the following options: a. Adopt the proposed amendments by approving the Statement of Consistency (Attachment 2) and Ordinance (Attachment 3). b. Defer a decision to a later BOCC regular meeting date. c. Refer the item back to the Planning Board for a specific purpose. Attachment 1 5 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2016-03 0/I (Office/Institutional) Zoning District 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: Relationship Between Land Use Categories and Zoning Districts Matrix ❑ UDO Text: UDO General Text Changes UDO Development Standards UDO Development Approval Processes Section(s): Section 3.4, General Commercial Districts Section 5.2, Table of Permitted Uses Section 6.4.3, Noise Section 6.4.4, Vibrations Section 6.8.6, Land Use Buffers Section 6.12, Signs Section 10.1, Definitions ❑ Other: B. RATIONALE 1. Purpose/Mission In accordance with the provisions of Section 2.3 Comprehensive Plan Amendments and Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director has initiated a text amendment related to the 0/I (Office/Institutional) zoning district. The purpose of this amendment is to allow for 1 6 mixed use developments comprised of office, research, and manufacturing to be permitted by right on a parcel. An additional permitted use type would also be added to the modified O/RM zoning district and the existing I-1, 1-2, and 1-3 zoning districts. 2. Analysis 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'. In order to accommodate and permit for new mixed use developments comprised of office, research, and manufacturing, the Planning Director is proposing to initiate a text amendment to the 0/1 (Office/Institutional) zoning district. The amendment proposes to: • Rename the 0/1 (Office/Institutional) zoning district to the O/RM (Office/Research and Manufacturing) zoning district. • Allow for additional principal uses to be permitted by right in the modified O/RM district. • Delete residential uses as a permitted use in the modified O/RM zoning district. • Delete tourist home as a permitted use in the modified O/RM zoning district. • Modify the existing assembly and packaging use type in Section 5.2, Table of Permitted Uses. • Create a new permitted use type, Research and Manufacturing Facility, to allow for research facilities with advanced manufacturing operations in the modified O/RM and existing 1-1, 1-2, and 1-3 (Industrial Light, Medium, and Heavy, respectively) zoning districts. The Comprehensive Plan text amendment is necessary to ensure references to the current 0/1 (Office/Institutional) zoning district are modified to reflect the proposed O/RM (Office/Research and Manufacturing) zoning district. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Chapter 3: Economic Development Element - Section 3.5 Goals Economic Development Overarching Goal: Viable and sustainable economic development that contributes to both property and sales tax revenues, and enhances high-quality employment opportunities for County residents. Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Objective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. Chapter 5: Land Use Element - Section 5.6 Goals Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. 2 7 Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. Objective LU-1.1: Coordinate the location of higher intensity/ high density residential and non- residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. Objective LU-3.1: Discourage urban sprawl, encourage a separation of urban and rural land uses, and direct new development into areas where necessary community facilities and services exist through periodic updates to the Land Use Plan. (See also Economic Development Objective ED-2.8.) 4. New Statutes and Rules N/A C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed March 22, 2016 b. Quarterly Public Hearing May 23, 2016 c. BOCC Updates/Checkpoints April 6 — Ordinance Review Committee (receive materials) May 4 — Planning Board Recommendation (receive materials) d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. 3 8 a. Planning Board Review: April 6, 2016 — Ordinance Review Committee May 4, 2016 — Recommendation to the BOCC b. Advisory Boards: The proposed amendments were on April 5, 2016. No comments provided to the Economic Development have been received. Advisory Board for review and comment c. Local Government Review: d. Notice Requirements Consistent with NC State Statutes — legal ad prior to public hearing e. Outreach: ® General Public: A public information meeting was held on April 20, 2016 at the Efland-Cheeks Community Center from 6:00 p.m. to 7:30 p.m. to review the proposed amendments and accept public comment. Mailings were sent to property owners in the county who own property zoned as 0/I (Office/Institutional) to inform them of the proposed amendment. An e-mail was sent to Efland-area residents who have previously attended meetings and provided and e-mail address. Additionally, the Efland-Mebane Small Area Plan Implementation Focus Group was notified of the meeting. Eleven people attended the meeting. No concerns about the proposal were expressed by attendees. ❑ Small Area Plan Workgroup: ❑ Other: 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 FY2015-16 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS Adoption of the proposed amendment will rename the existing 0/I (Office/Institutional) zoning district to O/RM (Office/Research and Manufacturing) zoning district, allow for additional principal uses in the O/RM district, delete residential uses and tourist home as a permitted use in the O/RM zoning district, modify the existing assembly and packaging use type, and create a new land use type, Research and Manufacturing Facility. This amendment will allow for mixed use developments comprised of office, research, and manufacturing to be permitted by right on a parcel which will allow for a faster review process than would currently be required. 4 9 E. SPECIFIC AMENDMENT LANGUAGE See Attachment 3 Primary Staff Contact: Ashley Moncado Planning Department 919-245-2589 amoncado @orangecountync.gov 5 10 Attachment 2 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendment to the Unified Development Ordinance (UDO) regarding the 0/1 (Office/Institutional) Zoning District and establishment of a new permitted use type that would also be permitted in I-1, 1-2, and 1-3. The Board of County Commissioners finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. 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 sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c. The amendment is consistent with applicable plans because it: 1. Supports the following 2030 Comprehensive Plan goals and objectives: Chapter 3: Economic Development Element Economic Development Overarching Goal: Viable and sustainable economic development that contributes to both property and sales tax revenues, and enhances high-quality employment opportunities for County residents. Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Objective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. Chapter 5: Land Use Element Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 1 11 Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non-residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. Objective LU-3.1: Discourage urban sprawl, encourage a separation of urban and rural land uses, and direct new development into areas where necessary community facilities and services exist through periodic updates to the Land Use Plan. (See also Economic Development Objective ED-2.8.) d. The amendment is reasonable and in the public interest because it: 1. Supports and accommodates innovative and diverse economic development opportunities in the future. 2. Balances economic suitability with orderly, compact growth. 3. Promotes mixed use development in appropriate areas of the county served by water and sewer infrastructure which limits sprawl, protects the rural environment, and lessens land use conflicts. The Board of County Commissioners hereby adopts this Statement of Consistency and findings expressed herein. Earl McKee, Chair Date Attachment 3 12 Ordinance # AN ORDINANCE AMENDING THE ORANGE COUNTY COMPREHENSIVE PLAND 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 promote economic development in appropriate areas in the County, and Whereas, the County determined existing language in the UDO limited mixed-use development potential in districts intended for economic development, and Whereas, the County determined existing language in the UDO needed to be amended to support and accommodate innovative and diverse economic development opportunities in the future, and Whereas, the requirements of Section 2.3 and Section 2.8 of the Unified Development Ordinance have been deemed complete, and Whereas, the County has held the required public hearing and has found the proposed text amendment is consistent with the goals and policies of the adopted Comprehensive Plan. 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 depicted in the attached pages. Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2016. 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 , 2016 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. 13 WITNESS my hand and the seal of said County, this day of , 2016. SEAL Clerk to the Board of Commissioners 14 UNIFIED DEVELOPMENT ORDINANCE AND COMPREHENSIVE PLAN AMENDMENT PACKET NOTES: The following packet details the proposed text amendment regarding the existing 0/I (Office/Institutional) Zoning District. The amendment package will modify Sections 3.4, 5.2, 6.4.3, 6.4.4, 6.8.6, 6.12, and 10.1 of the Unified Development Ordinance (UDO) and Appendix F of the Comprehensive Plan. As the number of affected pages/sections of the existing UDO and Comprehensive Plan are being modified with this proposal, staff has divided the proposed amendments into the following color coded classifications: • Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO and Comprehensive Plan. • Black Strikethrough Text: Denotes existing text that staff is proposing to delete from the UDO and Comprehensive Plan. • : Denotes existing text that staff is proposing to delete from Section 5.2, Table of Permitted Uses, of the UDO. Only those pages of the UDO and Comprehensive Plan impacted by the proposed modification(s) have been included within this packet. 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 and Comprehensive Plan it is on the same page as text proposed for amendment or footnotes from previous sections `spill over' onto the included page. Text with a large "X" is not proposed for modification. 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. Users are reminded that these excerpts are part of a much larger document that regulates land use and development in Orange County. The full UDO is available online at: http://orangecountync.gov/planning/Ordinances.asp. The full Comprehensive Plan is available at: http://www.orangecountync.gov/departments/planning and inspections/2030 comprehensive plan.php. Article 3: Base Zoning Distrigtts Section 3.4: General Commercial Districts DIMENSIONAL AND RATIO STANDARDS OFFICE / R[1] None INSTITUTIONAL AI Lot Size, min. (square feet) NR NR-CU 5,000 PURPOSE None NR CU Lot Width, min. (feet) The purpose of the Office/Institutional (Oil)Office/Research and NR 50 Manufacturing (O/RM) District is to provide locations for medium R None and high intensity office,service, institutional, and residential Front Setback from NR-CU research,and light manufacturing land uses in areas where ROW, min. (feet) NR 25 urban services are available or are to be made available as part of the development process. This district is intended to provide R None for employment centers near transportation routes. Side Setback, min. (feet) NR 10 [2] APPLICABILITY NR-CU None[2] This district will usually be applied where the following conditions R None exist: Rear Setback, min. NR 10 2 (feet) NR-CU None[2] 1. Site is located in areas designated by the adopted Comprehensive Plan as Commercial Transition Activity Node or Commercial-Industrial Transition Activity Nodes. 2. Water and sewer mains are existing at the site or are to be Height, max. (feet) 35[3] made available during the development process. R-CU 40 Floor Area Ratio, max. NR NR-CU .45 Required Open Space 55 DIMENSIONAL STANDARDS NOTES: Ratio, min. Required Livability R-CU 52 [1] R=residential, NR= non-residential, CU =conditional use. Space Ratio, min. [2] Required side and rear setbacks adjacent to residentially Required Recreation R .111 zoned land shall be equal to the required side or rear setback of Space Ratio, min. R-CU .114 the adjacent residential district. [3]Two feet of additional height shall be allowed for one foot Gross Land Area R-CU 5,000/ increase of the required front and side setbacks. min./max. none (square feet) NR-CU 200,000/ none Required NR Pedestrian/Landscape NR CU -05 Ratio, min. 04 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the 9/1 O/RM District in Section 5.2, unless a Conditional Use (CU)or MPD-CZ District is approved (see Section 3.8). 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. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 3. The residential densit permitted on a given parcel is based on the Watershed Protection Overla District in Orange County, North Carolina—Unified Development Ordinance Page 3-30 Article 3: Base Zoning Distrigi, Section 3.4: General Commercial Districts 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). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 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. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. Normally, the maximum amount of land zoned to this district shall not exceed five acres.' 10. The site shall be located near major transportation corridors and have access to adequate public roadway network. 1 Planning staff is proposing the removal of this standard in order to support larger economic development projects in the future. Orange County, North Carolina—Unified Development Ordinance Page 3-31 Article 5: Usp Section 5.2: Table of Permitted Uses SECTION 5.2: TABLE OF PERMITTED USES 5.2.1 Table of Permitted Uses—General Use Zoning Districts TABLE OF PERMITTED USES—GENERAL USE ZONING DISTRICTS *= PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 AS El I 1 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) AGRICULTURAL USES Agricultural Processing Facility— --■■--------- _©MMEN= Agricultural Processing Facility, Community A ©©■■-----©©---_©-©-.- Agricultural Services Uses --■■--------© _©---.- Cold Storage Facility --■■--------- _ A MEM.= Community Farmers' Market A ©©■■---- ©---.- Composting Operation, no grinding --■■--------- _ A ---.- Composting Operation,with grinding — --■■--------- _ A ---.- Cooperative Farm Stand A ©©■■-----©©-- _©---.- Equestrian Center A ■■----------_■---.- Farm Equipment Rental, Sales and Service— --■■----_____ _©--©©- Farm Supply Store --■■---- ©---.- Feed Mill— --■■--------- _©--©©- Greenhouses with On Premises Sales A -©■■----____ _©---.- Meat Processing Facility, Community A ©©■■-----©©---_©-©-.- Meat Processing Facility, Regional— --■■--------- _ A ---.- Non-Farm Use of Farm Equipment A ©©■■----------_©---.- Stables, Commercial-- B B B ■------- B B B ---.- Stockyards/Livestock Markets -- --■■----------_©---.- CHILD CARE&EDUCATIONAL FACILITIES Orange County, North Carolina—Unified Development Ordinance Page 5-5 Article 5: Uspa 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 ill GENERAL USE ZONING DISTRICTS USE TYPE Jai RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Center in a Residence for 3 to 12 Children ©©©©©©©©©©©©- ©E---.- Child Care Facilities B 1:113131.11.11.11.1 B ©©©© ©E---.- Libraries --■■-----MIME ©E---.- Non-Profit Educational Cooperative - A ■■----------_■---.- Schools: Dance,Art&Music --■■-----©©©© ©■---.- Schools: Elementary, Middle&Secondary A A A A A A A A AM—MM- A E---.- Schools: Vocational --■■-------©© ©■MMEN= Universities, Colleges& Institutes ©©©■-------©© ©■---.- COMMERCIAL USES Banks &Financial Institutions --■■-----MIME _■---.- Beauty& Barber Shops --■■-----MIME _■---.- Country Store --■■-----©©-- _©---.- Drive In Theaters— --■■--------© _■---.- Funeral Homes— --■■-------©© _E---.- Garden Center --■■-----©©©© _©---.- Hotels&Motels— --..----_--©©__M----- Junkyards— --■■-------- A ■- A A .- Kennels, Class II —A B B B ■------- B B B ---.- Laundry& Dry Cleaning Services --■■-----©©©© _■---.- Massage, Business of --■■-------©© _■---.- Microbrewery with Minor Events A B B ■■----------_■- B B B - Nightclubs, Bars, Pubs --■■-----©-©© _■---.- Offices& Personal Services, Class 1 --■■-----©©©© ©■MMEN= Orange County, North Carolina—Unified Development Ordinance Page 5-6 Article 5: Uspg 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 ill GENERAL USE ZONING DISTRICTS USE TYPE Jai RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Offices& Personal Services, Class 2 MMEEMMMM MENE I ©■-©I©M Offices& Personal Services, Class 3 MMEEMMMM-MMII ©■---©- Repair Service Electronic&Appliance MMEEMMMM-MIME _■-MMMM Restaurants: Carry Out MMEEMMMM MEMI _■---.- Restaurants: Drive In MMEEMMMM-MMII _■-MMMM Restaurants: General MMEEMMMM MEM= _■MMMMM Retail, Class 1 MMEEMMMM-IIII _■MMMMM Retail, Class 2 MMEEMMMM MIME EMMMMM Retail, Class 3 MMEEMMMM-MMI© _■-MMMM Rural Guest Establishment: Bed & Breakfast A ©©©■MMMM M----_■MMMMM Rural Guest Establishment: Bed & Breakfast Inn ■ B B •••••■■■■■■-.■■■■■ A Rural Guest Establishment: Country Inn A M A A ■MMMM-MMMM-_■MMM.M Sexually Oriented Businesses MMEEMMMM MMMM EMM©©M Storage of Goods, Outdoor— MMEEMMMM-MMMM _■-©©©M Storage or Warehousing: Inside Building MMEEMMMM-MMMI ©■-©I©I Studio(Art) MMEEMMMM-©©©I ©■-©I©M Taxidermy A M B ■■MMMM-MIME _■-©MMM Tourist Home MMEMMINI©©MMMM EMMMMM Wholesale Trade— MMEEMMMM-MMII ©■III©I Winery with Minor Events A B B ■■MMMM-MMMM _■M B B B M EXTRACTIVE USES Extraction of Earth Products-- M A ■■MMMM-MMMM-_ AM A A AM Orange County, North Carolina—Unified Development Ordinance Page 5-7 Article 5: Usk 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 RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) GOVERNMENTAL USES Governmental Facilities&Office Buildings ©©1111©©©© ■-©©©© Governmental Protective Services(Police&Fire Stations) Rescue Squads, Volunteer Fire MINIM De•artments Military Installations (National Guard &Reserve ■■..■■■■■■©©©■©.■■■■■ Armo MANUFACTURING,ASSEMBLY&PROCESSING Assembly and Packaging Operations Including 11111111 11111111 Distribution 2 and Mail Order Houses, But Excludin• On-Premises Retail Outlets Industrial, Heavy— 11111111__ liii__ •iiiiii Light— --1111--------- Industrial, Medium— --1111--------- _11--©©- Microbrewery, production only A B B 1111----------_11-©©©- Printing &Lithography --1111-------©© _11-©©©- Sawmills— --1111--------- _11---.- Winery, production only A B B 1111--------- _11-©©©- MEDICAL USES Health Services: Over 10,000 Sq. Ft. — --1111--------©-_11---.- Health Services: Under 10,000 Sq. Ft. --1111-----©-©© ©11---.- Hospitals --1111--------© ©11---.- 2 Modifications to this existing land use type are intended to clarify how distribution uses related to assembly and packing are classified in the table of permitted uses.The existing definition for assembly/packaging operations contained in Section 10.1 allows for merchandise distribution. Orange County, North Carolina—Unified Development Ordinance Page 5-8 Article 5: Usf 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 ill GENERAL USE ZONING DISTRICTS USE TYPE Jai RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Veterinary Clinic 11 B 111111111111-11111111 ©©-©©©- Veterinary Clinic, mobile 1100111111111111111111 ©11111111©11 Veterinary Hospitals 1111111111111111-11111111©©11111111©11 RECREATIONAL USES Botanical Gardens&Arboretums ©1111©©©©11©©©©11 1111-©©©© Camp/Retreat Center B 11111111111111-11111111 _11111111.11 Golf Driving and Practice Ranges 11 B 111111111111-11111111-_11111111.11 Parks, Public 1111111111111111©1111©11 ©11111111©11 Recreational Facilities B B B B B B B B B BB 1111- B 11111111©11 Golf Course A A A A A A A A A A A A A A 1111 A A A • RESIDENTIAL USES Dwelling; Mobile Home 1111111111111111©11111111 _11111111.11 Dwelling; Multiple Family 1111111111111111©11111111 _11111111.11 Dwelling; Single-Family 1111111111111111©11111111©_11111111.11 Dwelling; Two-Family 1111111111111111©11111111 _■111111.11 Family Care Home 1111111111111111©11111111 _11111111.11 Group Care Facility B B B B B B B B B B B B B B _11111111.11 Rehabilitative Care Facility 1111111111111111-11111111 _11111111.11 Residential Hotel (Fraternities, Sororities, and •••••• A A A ME A A ...... Dormitories Rooming House 1111111111111111©11111111 _11111111.11 TELECOMMUNICATIONS Telecommunication Tower—Stealth (75 feet or 1111©©11111111©1111©11 ©©©1111©© shorter Orange County, North Carolina-Unified Development Ordinance Page 5-9 Article 5: Us2 Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES—GENERAL USE ZONING DISTRICTS La_ *=PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 AS El 11 12 13 PID Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Telecommunication Towers (Over 75 feet and 11111:11:111111111 B II B 1:111 B B 1:1111111 B II under 200 feet) Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A AA A A A A TEMPORARY USES Buildings, Portable B B B B B B B B B M B B B B B E---.- Temporary Mobile Home (Use during 1111 111111 construction/installation of permanent residential unit and for 30 days following issuance of Certificate of Occu.anc AUTOMOTIVE/TRANSPORTATION Bus Passenger Shelter MINI©©©©©©©MINIM= ©©MIMIMI©MI Bus Terminals&Garages— MIMI//MIMIMIMI-MIMIMIMI _/MIMIME= Motor Freight Terminals— MIMI//MIMIMIMI-MIMIMIMI _/MIMIME= Motor Vehicle Maintenance&Repair(Body ••••••••Sho. ■■■©©©-.■■■■■ Motor Vehicle Repair Garage— MIMI//MIMIMIMI-MIMIMIMI _•MIMIMI.MI Motor Vehicle Sales/Rental (New& Used) MIMI//MIMIMIMI-MIMIMIMI _MMIMINI©MI Motor Vehicle Services Stations MIMIEEMIMIMIMI-MINIM= _EMIMIMI.MI Parking As Principal Use, Surface or Structure MIMIEEMIMIMIMI-/MINIM _•MIMIMI.MI Petroleum Products: Storage&Distribution — MIMIEEMIMIMIMI-MIMIMIMI _/MIMIMI©MI Postal & Parcel Delivery Services MIMI//MIMIMIMI-MIMIMIMI ©/MIMIMI.MI UTILITIES Elevated Water Storage Tanks B B B B B B B B B B M B B B _ BM B B BM Public Utility Stations &Sub-Stations, Switching Stations, Telephone Exchanges,Water& A A A A A A A A A A A A A A A A A A A A Sewa.e Treatment Plants Orange County, North Carolina—Unified Development Ordinance Page 5-10 Article 5: Usk 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 RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 AS El 11 12 13 PID - Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Electric, Gas, and Liquid Fuel Transmission 111111C1C1111111111111 B 111111111111 B B 1 Lines Water&Sanitary Sewer Pumping MI©1111©©©MI©©©©NI ©©-MINI©© Solar Array-Large Facility B B B B B B B B B B B B B B B M B B B B Solar Array-Public Utility A A A A A A A A A A A A A A AMA A A A WASTE MANAGEMENT Landfills(2 Acres or More)- A A A ■MIMIMIMI-MIMIMIMI _ AM A A AM Landfills(Less Than 2 Acres)- MI B B ■••// //// _11MIMINIKiMI Waste Management Facility; Hazardous&Toxic- MIMI1111MIMIMIMI-MIMIMI A 11MIMI A A MI MISCELLANEOUS Accessory Uses ©©©©©©©©©©©©© ©©©©©©© Airports, General Aviation, Heliports, S.T.O.L- A A A ■••MM MMMM _EM A A A MI Assembly Facility Greater Than 300 MIMI1111MIMIMIMI-MIMIMIMI _11MIMIMI.MI Assembly Facility Less Than 300 MIMI■■MIMIMIMI-MIMIMIMI _■MIMIMI.MI Cemetery B E I B B B B B B B MIMIMIMI _11MIMIMI.MI Church MIMI1111MIMIMIMI©©MINI© ©11MIMIMI©MI Clubs or Lodges; Social; Fraternal or Union ©©©.■■■■■MEIN■©EMMEN. Clubhouses Community Center B NI1111NIMINIMI B MIMIMIMI ©11MIMIMI.MI Crematoria- MIMI■■MIMIMIMI MIMIMIMI ■MIMIMI©MI Historic Sites Non-Residential/Mixed Use A A A ■••MM MMMM _11MIMIMI.MI Kennels, Class I MINI11■MIMIMIMI-MIMIMIMI _11MIMIMI.MI Research and Manufacturing Facility MIMI1111MIMIMIMI-MIMIMIMI _11MIMIMI©MI Research Facility- MIMI1111MIMIMIMI-MIMIMIMI ©11MIMIMI©MI Orange County, North Carolina-Unified Development Ordinance Page 5-11 Article 5: Usk Section 5.2: Table of Permitted Uses Li_ TABLE OF PERMITTED USES—GENERAL USE ZONING DISTRICTS *=PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 AS El 11 12 13 PID Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Research Lands & Installations, Non-profit --■■--------- _■---.© Rural Heritage Museum B B ■■----- B B -- _ B ---.- Rural Special Events A ©©■■----------_©---.- Special Events (Less than 150) --■■-------©© _■--©.- Orange County, North Carolina—Unified Development Ordinance Page 5-12 Article 5: Usk Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES—CONDITIONAL ZONING DISTRICTS *=PERMITTED USE CONDITIONAL ZONING DISTRICTS USE TYPE ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval A: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. 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 )istribution and 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 A Winery, production only MEDICAL USES Health Services: Over 10,000 Sq. Ft. Health Services: Under 10,000 Sq. Ft Hospitals Veterinary Clinic Veterinary Clinic, mobile Orange County, North Carolina—Unified Development Ordinance Page 5-25 Article 6: Development Standarg Section 6.4: Performance Standards 6.4.3 Noise (A) General Standards (1) Sound levels shall be measured with an A-weighted filter, constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches. (2) All measurements shall be expressed in dB(A)to reflect the use of this A- weighted filter. (3) Impact Noises (a) Impact noises are sounds that occur intermittently rather than continuously. (b) Impact noises generated by sources that do not operate more than one minute in any one hour period are permissible up to a level of 10dbA in excess of the figures listed in Table 6.4.3.B. This exception shall not apply from 7:00 pm to 7:00 am when the adjacent lot is used or zoned for residential purposes. (c) The impact noise shall be measured using the fast response of the sound level meter. (4) Noise levels resulting from temporary construction or other temporary activity that occurs between 7:00 am and 7:00 pm shall be exempt from the requirements of this subsection. (5) Noise levels for the extraction of earth products and landfills shall be as set forth in Sections 5.11 and 5.12. (B) Commercial, Industrial, and Conditional Zoning Districts (1) Within the LC-1, G- 0/RM, El, or I-1 district, no permitted Principal Use, Special Use or Accessory Use shall generate noise that tends to have an annoying or disruptive effect upon uses located outside the immediate space occupied by that use. (2) The following table establishes the maximum permissible noise levels for permitted uses, special uses, conditional uses and accessory uses in the NC-2, CC-3, GC-4, EC-5, AS, 1-2, 1-3, and CZ districts: -ILTABLE 6.4.3.B: COMMERCIAL, INDUSTRIAL,AND CONDITIONAL ZONING DISTRICTS MAXIMUM PERMITTED SOUND LEVELS ZONING OF ADJACENT NOISE LEVEL LIMITS[DBA]FOR GENERATING LAND LOT OR TYPE OF USE ZONING OF DEVELOPMENT SITE USE IF CONDITIONAL OR "OTHER"DISTRICT 7:00 PM TO 7:00 AM 7:00 AM TO 7:00 PM NC-2, 1-2 1 50 60 Residential CC-3, GC-4, EC-5, 50 60 1-3,AS, CZ Districts 2 NC-2, 1-2 1 60 65 Commercial CC-3, GC-4, EC-5, 65 70 1-3,AS, CZ Districts 2 NC-2, 1-2 1 65 70 Industrial CC-3, GC-4, EC-5, 70 75 1-3,AS, CZ Districts 2 NOTES: [1] Measurements shall be taken at the boundary line of the zoning lot. 2 Measurements shall be taken at the boundar line of the zonin• district. Orange County, North Carolina—Unified Development Ordinance Page 6-10 Article 6: Development Standaghis Section 6.4: Performance Standards (4) The values stated in Tables 6.4.4.E & 6.4.4.0 may be multiplied by 2 for impact vibrations. (5) Vibrations resulting from temporary construction or other temporary activity that occurs between 7:00 am and 7:00 pm shall be exempt from the requirements of this subsection. (6) Vibration levels for the extraction of earth products and landfills shall be as set forth in Sections 5.11 and 5.12. (B) Commercial, Industrial, and Conditional Districts (1) No permitted Principal Use, Special Use or Accessory Use in LC-1,G4 , El, or I-1 districts may generate transmitted vibration that is perceptible to the human sense of touch, measured at the outside boundary of the structure occupied by the use generating the vibration. (2) No permitted Principal Use, Special Use, Conditional Use or Accessory Use in the NC-2, CC-3, GC-4, EC-5, 1-2, 1-3, and AS, and CZ districts may generate any ground transmitted vibration in excess of the limits set forth in the following table: TABLE 6.4.4.B: COMMERCIAL, INDUSTRIAL,AND CONDITIONAL DISTRICTS MAXIMUM 1M PERMITTED GROUND-TRANSMITTED VIBRATION ZONING OF ADJACENT MAXIMUM PARTICLE VELOCITY FOR LAND USE ZONING OF DEVELOPMENT SITE GENERATING LAND USE(INCHES PER SECOND) NC-2 & I-2 [1] 0.02 Residential CC-3, GC-4, EC-5, 1-3,AS, & CZ Districts 2 0.20 NC-2 & 1-2 [1] 0.10 Non-residential CC-3, GC-4, EC-5, 1-3,AS, & CZ Districts 2 0.20 NOTES: [1] Measurements taken at the boundaries of the zoning district lot containing the use generating the vibrations. 2 Measurements taken at the zonin• district boundaries (C) Economic Development Zoning Districts (1) Maximum Permitted Ground Transmitted Vibration . . . . MAXIMU - NSMITTED VIBRATION RECEIVING LAND USE MAXIMUM PARTICLE VELOCITY FOR GENERATING LAND USE(INCHES PER SECOND) Residential development 0.02 Non-residential development 0.10 (2) Mitigation (a) Design features used to mitigate vibration must be clearly identified on the site plan. (b) Applicants must provide documentation of the source and level of vibration, and the specific manner in which the design feature will reduce vibration to acceptable levels. Orange County, North Carolina—Unified Development Ordinance Page 6-12 Article 6: Development Standar Section 6.8: Landscaping, Buffers&Tree Protection TABLE 6.8.6.D: LAND USE BUFFERS ZONING OR USE OF ADJACENT PROPERTIES 6 0 ¢ I w J cti M in M N N w M I- � 7 co w re a Z U w N a w Q N O _ 0 - Q � U ce M y -w U w U U a C1 w e Q Q 3 C) W z o U RB,AR, R1 - A A B F E F F F E B B • R-2& R-3 A - A B F D F F F D B B a.) o R-4& R-5 A A - B F C E E F C B B o_ R-8& R-13 B B B - F B D D F C B B U a) MHP-CZ F F F F - F F F F F F F c) Q11- , NC- `0 2, E D C B F - - - F B B D O LC-1 D CC-3, GC-4, 8 EC-5 F F E D F F B B D 0) .0 E1, 1-1, 1-2, 1-3, F F E E F - - - F B B D N PID AS,ASE-CZ D A A A F A A A F B B B Note: MPD-CZ buffers to be determined at time of approval. (E) Natural Buffers (1) If there is existing, healthy, natural vegetation in the area of a required buffer, it must be preserved. If the vegetation is removed for any reason, other than in accordance with an approved landscape and tree preservation plan, the dimensions of the buffer shall be increased 50% and the number of required plantings shall be increased 50%. (2) The critical root zones of trees within the buffer must be protected if the applicant seeks credit for preservation of existing trees. For example, if a required buffer has a dimensional width of 30 feet, and the critical root zone extends beyond the 30 feet, the buffer will be extended to the edge of the critical root zone in the area around the tree. (3) If necessary, a natural buffer will be supplemented with additional plantings in order to meet the Constructed Buffers standards established herein. (F) Constructed Buffers (1) If existing plantings are not sufficient to meet the buffer standards established in this Section, additional plantings shall be installed. (2) The plant units listed below will be considered comparable, and therefore interchangeable, as set forth below. (3) Option 2, Deciduous, shall not be permitted when the proposed use is non- residential and is proposed next to a residential district or use, unless employed with a wall, as set forth herein. Orange County, North Carolina—Unified Development Ordinance Page 6-48 Article 6: Development Standar Section 6.12: Signs (A) On-Premise Commercial Signs (1) These signs shall comply with all state and county building codes and the National Electric Code. Clearance of signs is required from high voltage power lines and signs shall be located in such a way that they will maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code specifications, provided that no sign shall be installed closer than ten feet horizontally or vertically from any conductor or public utility guy wire. (2) On-premise commercial signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, 91 O/RM, El, 1-1, 1-2, 1-3, AS, MPD-CZ, MHP-CZ and all of the Economic Development zoning districts. (3) All on-premise commercial signs shall be setback ten feet from the front, side, and rear property lines or the edge of any existing or projected street right-of-way line whichever is greater. In cases where a property abuts a residential zoned parcel of property, the side or rear yard setback requirement shall be doubled. (4) Number of Signs Permitted (a) One on-premise commercial sign shall be permitted per parcel. However, one additional on-premise commercial sign may be permitted for parcels with frontage on more than one right-of-way in accordance with the provisions of this Section. (b) Under no circumstances shall more than one three-dimensional sign be permitted on-site. (c) For multi-tenant buildings and/or sites permitted as a conditional use or conditional zoning district, additional on-premise commercial signs or sign area may be permitted by the Board of County Commissioners. (5) Height of Signs (a) Pole signs shall be limited to a height of 24 feet with a mandatory ground clearance of eight feet from the normal or finished grade elevation of the property at the base of the sign (b) Ground signs shall not exceed six feet in height from the normal or finished grade elevation of the property at the base of the sign (6) The allowable area for on-premise commercial signs shall be determined as follows: (a) Single or double-faced signs shall not exceed 32 square feet in area, per sign face. (b) Three-dimensional signs shall not exceed a maximum volume of 54 cubic feet with no dimension exceeding six feet. Orange County, North Carolina—Unified Development Ordinance Page 6-86 Article 6: Development Standar Section 6.12: Signs (8) In no case shall an off-premise commercial sign be located closer than 1,000 feet to an existing off-premise commercial sign. (9) Off-premise commercial signs are prohibited within the Major Transportation Corridor (MTC)overlay district. (10) No person may, for the purpose of increasing or enhancing the visibility of any off-premises commercial sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation in the following locations: (a) Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the North Carolina Department of Transportation; (b) On property that is not under the ownership or control of the person responsible for such work, unless the work is done pursuant to the express authorization of the property owner where the vegetation is located; and, (c) In any area where such vegetation is required to remain under a permit issued in accordance with this Ordinance. (C) Wall Signs (1) Shall either be mounted or painted on a building. (2) Wall signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5,Q. O/RM, El, I-1, 1-2, 1-3, AS, MPD-CZ and all of the Economic Development zoning districts. (4) All wall signs shall be offset a minimum of ten feet from the corner of the building on which it is mounted. (5) Wall signs shall not protrude more than 12 inches from the face of building on which it is mounted. (6) Number of Signs Permitted (a) Only one wall sign shall be permitted per building facade. In cases where a building is located on a corner lot, an additional wall sign may be permitted on the building wall facing the second street right-of-way, subject to the requirements of this Ordinance. (b) For multi-tenant buildings permitted as a conditional use or conditional zoning district additional wall signs may be permitted by the Board of County Commissioners. (7) The allowable sign area shall be determined as follows: One square foot of sign area for every'/foot of building length facing a public right-of-way, not to exceed 32 square feet. (8) A changeable copy sign may be utilized as a wall sign. (9) Wall signs shall not extend above the soffit, parapet, or eave line of the building to which it is attached. (D) Projecting Signs (1) Projecting signs shall be mounted on a building. (2) Projecting signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. Orange County, North Carolina—Unified Development Ordinance Page 6-88 Article 6: Development Standagit Section 6.12: Signs (3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC- 2, CC-3, GC-4, EC-5, 0-4 , El, I-1, 1-2, 1-3, AS, MPD-CZ and all of the Economic Development zoning districts. (4) Projecting signs shall adhere to the minimum setback requirements established for all structures within the zoning district in which it is located. (5) Only one projecting signs shall be permitted per building facade even in cases of a building located on a corner lot. (6) The allowable sign area shall be determined as follows: (a) One square foot of sign area for every 1/2 foot of building length, facing a public right-of-way, not to exceed 32 square feet in area. (7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least ten feet above finished grade. (8) Projecting signs shall not extend above the soffit, parapet, or eave line of the building to which it is attached. (9) Projecting signs shall not be located at the corner of a building except at right angles to the building façade. (E) Window Signs (1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5,84 , El, 1-1, 1-2, 1-3, AS, MPD-CZ and all of the Economic Development zoning districts. (2) Window signs shall be limited to a maximum of 30% of the total window area where the sign is to be located. (3) Window signs may be utilized for advertising specials or sales within the business, or displaying the name and other pertinent business information associated with the principal use. (4) Signs may be etched, painted or otherwise attached to be made a permanent addition to the pane of glass. (F) Awning Signs (1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5,84 , El, 1-1, 1-2, 1-3, AS, MPD-CZ and all of the Economic Development zoning districts. See Section 6.12.14(E) for additional standards for Awning Signs located in Economic Development Districts. (2) Awning Signs shall be located above the main entrance to a nonresidential land use and shall contain the name of the use. (3) Awning Sign area shall be limited to a maximum of 50% of the total awning area erected over the entrance of a nonresidential land use. Where an awning sign is utilized at a multi-use development, the amount of sign area shall be computed as part of the overall sign area allotted to wall signs, not to exceed 50% of the total awning area. (G) Drive-Through Menu Signs (1) Applicants must establish to the satisfaction of the Planning Director that a drive- through menu sign is considered a customary accessory use to the principal business on the property and is necessary for the normal operations of the commercial operation. (2) Signs shall be limited to 32 square feet in area. (3) No external illumination shall be permitted. Orange County, North Carolina—Unified Development Ordinance Page 6-89 Article 10: Definitio3 Section 10.1: Definitions Repetitive losF Flood-related damages sustained by a structure on two separate occasions during any ten year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value, or the tax value in the absence of recent comparative sales, of the structure before the damage occurred. Research and Manufacturing Facility An enclosed structure which accommodates research and research applications as well as related light industrial uses. Facilities may include laboratories, offices, other facilities for research and development, and production facilities. Research Facility An enclosed structure A facility which accommodates research and research applications. Facilities Std-G14 facilities may include laboratories, offices, and other facilities for research and development, as well as prototype production facilities for product creation. Prototype production shall be limited in scale to that necessary to fully analyze the merits of the product. Facilities may be housed in multiple structures in a cohesive, campus like design, provided all research and development activities are conducted wholly ideers. -eservoir, Class A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water supply from which water flows by gravity or is pumped directly to a treatment plant or to a small intervening storage basin and thence to a treatment plant. -eservoir, Class I A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water supply from which water flows by gravity or is pumped to a Class I reservoir prior to final entrance to a water treatment plant. -<esidential Development Buildings for residential use such as attached and detached single family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, and gazebos. <esidential Floor Area The sum of areas for residential use on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and below-grade floor areas used for habitation and residential access. Not countable as floor area are: a) Open terraces, patios, atriums, or balconies b) Carports, garages, breezeways, toolsheds c) Special-purpose areas for common use of occupants, such as recreation rooms of social halls d) Staff space for therapy or examination in care housing e) Basement space not used for living accommodations f) Any commercial or other non-residential space. Residential Land Area All portions of a parcel or tract of land intended to support residential development of any classification (i.e. single-family, multi-family, etc), including accessory uses, and all land necessary to comply with the provisions of this Ordinance. With respect to subdivisions and Conditional District projects, this term shall be construed as including streets located entirely within the residential portion(s) of the development, common open space, lands accepted for dedication for public purposes, and accessory and commercial uses when developed as part of a mixed use development project. Residential Use A use of property characterized by the use of a structure(s)for habitation by an individual, family, or group of unrelated individuals. Orange County, North Carolina—Unified Development Ordinance Page 10-35 33 2030 Comprehensive Plan Amendments 34 Appendix F: Land Use and Zoning Matrix Appendix F. Relationships Between Land Use Classifications and Zoning Districts Per the Orange County Unified Development Ordinance, zoning districts are applied to Land Use classifications and overlays in accordance with this appendix. A matrix is provided at the end of this appendix that links the zoning districts to the land use classifications and overlays listed. TRANSITION LAND USE CLASSIFICATIONS 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. 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 (Rural Residential); R-2 (Low Intensity Residential), R-3 (Medium Intensity Residential), and R-4 (Medium Intensity Residential); and R-5 (High Intensity Residential), R-8 (High Intensity Residential), and R-1 3 (High Intensity Residential) residential uses, and Zoning Overlay Districts. 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 (Rural Residential); R-2 (Low Intensity Residential), R-3 (Medium Intensity Residential), and R-4 (Medium Intensity Residential); and R-5 (High Intensity Residential), R-8 (High Intensity Residential), and R-13 (High Intensity Residential) residential uses. COMMERCIAL TRANSITION ACTIVITY NODE 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); and 0/1 (Office and Institutional) O/RM (Office/Research and Manufacturing). COMMERCIAL INDUSTRIAL TRANSITION ACTIVITY NODE Identifies areas changing from rural to urban in form and density. A full range of commercial and industrial activities would be appropriate and allowed. The applied zoning districts include: I-1 (Light Industrial); 1-2 (Medium Industrial); 1-3 (Heavy Industrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3 Ova °de/Co-witty Coimprehe44-1.ve4'la w Page F-1 35 Appendix F: Land Use and Zoning Matrix (Community Commercial); GC-4 (General Commercial); and 0/I (Office/Institutional). O/RM (Office/Research and Manufacturing). ECONOMIC DEVELOPMENT TRANSITION ACTIVITY NODE Identifies areas along major transportation corridors that may be in proximity to 10- Year or 20-Year 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 districts are EDB-1 (Economic Development Buckhorn Lower Intensity), EDB-2 (Economic Development Buckhorn Higher Intensity), EDE-1 (Economic Development Eno Lower Intensity), EDE-2 (Economic Development Eno Higher Intensity), EDH-1 (Economic Development Hillsborough Linear Office), EDH-2 (Economic Development Hillsborough Limited Office), EDH-3 (Economic Development Hillsborough Limited Office with Residential), EDH-4 (Economic Development Hillsborough Office), and EDH-5 (Economic Development Hillsborough Office/Flex). RURAL LAND USE CLASSIFICATIONS RURAL BUFFER Only very low density residential, 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 (Rural 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 ACTIVITY NODE Identifies rural areas in the County where small scale industrial activities would be appropriate. The applied zoning district is I-1 (Light Industrial). OVERLAYS 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). Oremoj 'Co-wnty Coimprehe44-1.ve4'la w Page F-2 36 tOi ppendix F: Land Use and Zoning Matrix ZONING DISTRICTS .N rn PH W An- 1 A G 4 L,7 :A 6�c '7o? q A W O A N N N N U C.) W a g g P-1 N M V � z � A c a Land Use Classifications& pq g N M vi U U U U U O ,� N M i--, co w x v) ; Overlays g d' g a Z L C7 W i-=i - W 55 w d ri 0 a d' Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement- Carrboro Transition Contact appropriate Municipality for applicable Zoning Standards 10-Year Transition 20-Year Transition • • • • • • • o Commercial Transition cf, Activity Node • • • • • • • • o s.• Commercial-Industrial • Transition Activity • • • • • • • • Economic Development • Transition Activity Node Rural Buffer Rural Residential • • • Agricultural Residential Rural Community Activity • • Node • • Rural Neighborhood • Activity Node • • Rural Industrial Activity Node Public Interest Area • 0 Amended 05-05-15 Orange/Camity Cawq3rehe -vve'PIcm/ Page F-3 37 Proposed Amendments to Section 5.2, Table of Permitted Uses COMMERCIAL USES Hotels&Motels Use currently not permitted in the 0/I Zoning District Permitted by right in the in the modified O/RM Zoning District Tourist Home Use currently permitted in the 0/I Zoning District Removed as a permitted use in the modified O/RM Zoning District MANUFACTURING,ASSEMBLY&PROCESSING Industrial, Light Use currently not permitted in the 0/I Zoning District Permitted by right in the in the modified O/RM Zoning District Microbrewery, production only Use currently not permitted in the O/1 Zoning District Permitted by right in the in the modified O/RM Zoning District D Winery, production only Use currently not permitted in the O/1 Zoning District Permitted by right in the in the modified O/RM Zoning District m- 3 CD MEDICAL USES n Health Services (Over 10,000 Sq. Ft.) Use currently not permitted in the 0/I Zoning District Permitted by right in the in the modified 0/RM Zoning District RESIDENTIAL USES Dwelling; Multiple Family Use currently permitted by right in the 0/I Zoning District Removed as a permitted use in the modified 0/RM Zoning District Family Care Home Use currently permitted by right in the O/1 Zoning District Removed as a permitted use in the modified O/RM Zoning District Group Care Facility Use currently permitted by right in the O/1 Zoning District Removed as a permitted use in the modified O/RM Zoning District Rooming House Use currently permitted by right in the 0/I Zoning District Removed as a permitted use in the modified 0/RM Zoning District UTILITIES Elevated Water Storage Tanks Use currently not permitted in the O/1 Zoning District Permitted in the modified 0/RM Zoning District with an approved Class B Special Use Permit MISCELLANEOUS Research and Manufacturing Facility New use type to be permitted by right in the O/RM, I-1, 1-2, and 1-3 Zoning Districts. Attachment 5 38 Approved 5/4/2016 1 SUMMARY NOTES 2 ORANGE COUNTY PLANNING BOARD 3 APRIL 6,2016 4 ORDINANCE REVIEW COMMITTEE 5 6 NOTE: A quorum is not required for Ordinance Review Committee meetings. 7 8 MEMBERS PRESENT: Lydia Wegman (Vice Chair), At-Large Chapel Hill Township; Lisa Stuckey, Chapel Hill 9 Township Representative; James Lea, Cedar Grove Township Representative; Tony Blake, Bingham Township 10 Representative; Paul Guthrie,At-Large Chapel Hill Township; Kim Piracci, At-Large; 11 12 MEMBERS ABSENT: Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 13 Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine Mitchell, At-Large Bingham 14 Township; Patricia Roberts, Cheeks Township Representative; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Ashley Moncado, 17 Special Projects Planner, Meredith Pucci,Administrative Assistant II 18 19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20 21 Lydia Wegman called meeting to order and introduced new member, Kim Piracci, 22 23 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS-0/I 24 (OFFICE/INSTITUTIONAL)ZONING DISTRICT AND NEW PERMITTED USE TYPE 25 To REVIEW AND COMMENT UPON PROPOSED AMENDMENTS TO THE UDO REGARDING 26 REVISIONS TO THE 0/I(OFFICE/INSTITUTIONAL)ZONING DISTRICT AND ESTABLISHMENT OF A 27 NEW PERMITTED USE TYPE. 28 PRESENTER: ASHLEY MONCADO,SPECIAL PROJECTS PLANNER 29 30 Ashley Moncado reviewed abstract 31 32 Craig Benedict presented information on map 33 34 Tony Blake: So the part that would be 01 or 01/RM is the green/gray place but not Buckhorn?And you would not 35 want residential in there at all? 36 37 Craig Benedict: The mixed use that we're promoting in this we checked with economic development department, the 38 mixed use their interested in is employment centers and possibly retail, but there's other land uses in the Efland area 39 that allow for multi-family and even single family. So, right now we want to protect our economic development zones 40 as much as possible for non-residential because if you allow a multi-family or a single family,which was allowed in 41 some of our other uses, if they happen to be the first proposals to come in and they were permitted by right in many 42 cases we most likely would allow them.And then when the business comes in we have residential people saying 43 they don't want that business there, even though the intent of the economic development zone was for jobs. Ninety- 44 five percent of Orange County Planning jurisdiction allows residential, it's only about 5 percent within our power to 45 focus on our economic development efforts, so we want to protect that from too much residential in that area. 46 47 Paul Guthrie: I have a basic question. How are you defining residential? I asked the question because I can think of a 48 circumstance when a business that this area would be useful to be in might very well want to have a residential 49 security manager or residential over-seerer for research or something like that where the residents would actually be 50 on-site. How would you handle a situation like that? 51 1 39 Approved 5/4/2016 52 Craig Benedict: We could allow that as an accessory use. We've had mini warehouses where they wanted an on-site 53 resident and you could accommodate that as not a primary use but as an incidental and secondary use.And we can 54 make sure that's allowed for big factories there might be some residential or over night component to it. 55 56 Paul Guthrie: It just occurred to me that if you barred that completely it could give you a problem. On the other hand, 57 if you allowed it then I think somebody could attack the whole principal on the basis. 58 59 Craig Benedict: We're allowing hotels and motels, and someone might say that's residential but that's a commercial 60 use. 61 62 Michael Harvey: I would make the argument that's not a residential land use.The principal use of the property would 63 be X and it's up to the applicant to justify, "I need this for this reason"and again I know we shouldn't be fixating on 64 the examples, but in that example that's what I would say; that it's not functioning as a residential development,there 65 is a component, but it's in support of the principal use which, let's say, is this research manufacturing unit. 66 67 Lisa Stuckey: So if I drove through this,what would it look like? 68 69 Craig Benedict: These would be more of a corporate park but, corporate parks and business parks and industrial 70 parks have changed over the last 15-20 years. Our zoning, as evidence by office institutional,was very regimen. This 71 is where you put your Class A office building,and then somewhere else you put your warehouse, and somewhere 72 else you put your manufacturing, and somewhere else you have R&D. Now they don't do that anymore, they put 73 everything in the same place.They'll have their clean office, they'll have their R&D Park they'll put it all together. This 74 district will allow office, and research, manufacturing,and distribution. So, the buildings could be from 20,000 to 75 100,000 square feet. So you could see a few of those buildings in there that have multiple activities.And by the 76 secondary uses that are allowed means that somebody could come in with a business and say, "I don't see enough 77 restaurants around here, how about if I bring as part of my master plan a Chili's with me?"and that's a bonus. When 78 we were looking at another retail site, Cabella's, even though that was all retail they brought a hotel with them and a 79 restaurant.We're definitely not having this as a retail focus,we're listing this stuff as secondary uses in there so we 80 can keep that prime use as job based light industrial manufacturing. 81 82 Lydia Wegman: Have we heard of any companies that are interested in this particular kind of land use?Or this is just 83 to make us attractive to companies if one is interested? 84 85 Craig Benedict: This is just to make us attractive. When the candy factory came, they were designated 86 Office/Institutional, and it did say manufacturing was okay. I'd say it's a relatively small fix, as you were mentioning 87 some of the economic development zones;we need to go into there and take a look at the way the uses are 88 fashioned in there too. The next project that you'll hear from Perdita Holtz, probably in the next month or so, is in the 89 Hillsborough Economic Development. Because we have a joint agreement with Hillsborough we're trying to align both 90 our joint land uses and the zoning categories that can go within that land use.And right now, they're all over the 91 place. 92 93 Tony Blake: I have a question. I read through this and I read the column and what it allows and accessory use and all 94 that stuff and I came down to the automotive/transportation and because I'm sort of passionate about the way we're 95 doing our transit and thinking that BRT is a good rapid transit solution. I noticed that it would allow a bus passenger 96 shelter,which I view as one of these little cubicles by the side of the road, but not a bus terminal or garage.And Bus 97 Rapid Transit has a raised platform appeal, especially in an area where there's a concentrated number of transit 98 people.Would that be allowed in this zone? 99 100 Craig Benedict: Well,we can make it. It does make sense. I think what they were thinking about was kind of a simple 101 city bus terminal, so we can make sure that our bus stops and level platforms and all stuff could be allowed. Because 102 we do have our bus service that is going very close to this zone, if not through it,and if we get some employment 103 concentrations we will modify that transit system. 104 2 40 Approved 5/4/2016 105 Tony Blake: If you can.A lot of people live within walking distance; the least we could do is provide a good, raised 106 platform sort of transit. 107 108 Lisa Stuckey: What is raised platform? 109 110 Tony Blake: The big slam against buses versus light rail is light rail you board and you walk directly from the platform 111 onto the platform without steps. But BRT actually has the ability to pull a bus in at a raised platform and where you 112 are walking directly onto the bus, the same way you would walk onto a light rail train.And it's being deployed and it's 113 a lot cheaper than light rail and more flexible.And the travel lane down Martin Luther King will actually be able to be 114 used for emergency vehicles as well. 115 116 Ashely Moncado continued with the presentation 117 118 James Lea: What would that do to the property owners?Would that raise their taxes? 119 120 Craig Benedict: No. The property taxes are based on the properties of a similar zoning category sell over time. So, 121 putting even sewer on a piece of property eventually would raise the value of it but changing the uses would not 122 automatically, until somebody determines that this new use list is better and therefore more valuable but,we're a 123 couple years from where that would ever matriculate into higher values. 124 125 Lisa Stuckey: It leads to the potential of higher value, so higher taxes. 126 127 Paul Guthrie: It could potentially. Property is less and less areas available for residential,for example, outside of that 128 district if someone wanted to sell their house in that they would have, potentially, a sale of their house that would 129 raise as assess valuation in the next re-evaluation. 130 131 Craig Benedict: We have examined which districts have residential. If they sell their residential property for office 132 research manufacturing and they get more money for it at some point in the future, they'd love that. 133 134 Paul Guthrie: But you can't keep them from selling it for another residential person. 135 136 Craig Benedict: Probably not. 137 138 Paul Guthrie: This is a far out thing, but we're still in the area. I spent a good part of the afternoon reading about this 139 other thing, the Supreme Court case,and these are the kinds of things you start getting trouble with down the road. 140 141 Craig Benedict: One last thing about that,we addressed this in the Buckhorn EBB area. We asked the people if they 142 would like the zoning rollback to residential one that would allow the house to be reconstructed and burned down or 143 would you like it to remain Buckhorn District 2 that has higher value if you ever sell it, it was resounding to leave it 144 EDB-2. 145 146 Michael Harvey: One more thought in question when I read this. There's a demand right now. There's a lack of wet 147 lab space in the area and this talks about laboratories, not limited laboratories, prototype production, general facilities 148 but,wet labs sometimes have some pretty onerous stuff going on in them. Is there something that you would put in 149 here to protect that or restrict that or change that? Basically, this is something I can see where somebody would want 150 to come in and put in a wet lab and this thing they're dealing with some kind of biological agent or something like that 151 and people go crazy, but it's permitted by right and so I'm just trying to air on the side of caution here. 152 153 Craig Benedict: Two answers in there. There might be room to add something here. One is we tried not to legislate 154 water consumption, even though there are some provisions in some of our economic development zones that talk 155 about it, but it doesn't say that if you use over one galloon per square foot we're not going to allow you. So that's one 156 element we try not to legislate uses by the water they use but, admittedly in all of our economic development zones 157 we have limitations on water use because there's just not a lot of water. In Hillsborough there's some water limitation, 3 41 Approved 5/4/2016 158 also in Eno. The bigger restriction is the sewer outfall that comes from it, that's where the restriction is. So with the 159 sewer element of it there are some pre-treatment requirements that al utility providers have.And we could note that 160 they must meet the environmental regulations of the utility. For example, Morinaga; there is a pre-treatment function 161 so there's not high level organic matter that goes in the sewer that can create issues. 162 163 Michael Harvey: I guess I was asking; is that covered somewhere else?Or because we're permitting this by right are 164 we leaving the door open for a big use? 165 166 Craig Benedict: I think either turn it into a policy, like a small area planning policy so that we have be aware in of that 167 and I agree if you have something permitted by right you better have some way to have it black and white; it's okay 168 by the site plan or it's not okay by the site plan. So, I'll work with Michael and Ashley to see if there's a way to keep 169 that in mind. 170 171 Michael Harvey:Also, remember that just because something is permitted by right,there are still regulatory 172 permitting processes that we may say we could use. But using this example, if a local utility or even the state says 173 you can't do what you're proposing in this manner. 174 175 Tony Blake: But given what's going on in politics right now, relying on the EPA or the state for things like that might 176 not be the wisest. 177 178 Craig Benedict: The one area we may consider is some of those performance measurements.Vibration, glare,and 179 soot; maybe we could have some sort of sewer. 180 181 Tony Blake:Yeah, or require them to contain whatever it is and dispose of it in some other way, elsewhere... What 182 I'm worried about is somebody is going to come in here and do something that's potentially dangerous or harmful and 183 not be properly regulated. 184 185 Lydia Wegman: But as Michael says the EPA or the state. They would have to have some kind of hazardous waste 186 disposal or incineration permit in order to do that. 187 188 Ashley Moncado continued presentation. 189 190 Craig Benedict:And the last thing, if you have any more comments on this or any of the other Board Members have 191 comments send them to Ashley and before the next meeting we'll try to answer them. So feel free to send Ashley 192 some additional comments. 193 194 AGENDA ITEM 3: ADJOURNMENT 195 196 Meeting was adjourned by consensus. 4 Attachment 6 Excerpt of Minutes 42 DRAFT 1 MINUTES 2 PLANNING BOARD 3 MAY 4,2016 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Lydia Wegman-At-Large Chapel Hill Township (Chair); Tony Blake, Bingham Township 7 Representative (Vice-Chair); Paul Guthrie, At-Large Chapel Hill Township; Lisa Stuckey, Chapel Hill Township 8 Representative; Maxecine Mitchell, At-Large Bingham Township; Kim Piracci, At-Large; James Lea, Cedar Grove 9 Township Representative; Patricia Roberts; Cheeks Township Representative; 10 11 MEMBERS ABSENT: Andrea Rohrbacher, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 12 Representative; Laura Nicholson, Eno Township Representative; 13 14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Ashley Moncado, 15 Special Projects Planner; Meredith Pucci Administrative Assistant; Audrey Spencer-Horsley, Housing, Human Rights 16 and Community Development Director; 17 18 OTHERS PRESENT: None 19 20 ****** 21 22 AGENDA ITEM 7: 2030 COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE(U DO)TEXT 23 AMENDMENTS-To make a recommendation to the BOCC on government-initiated 24 amendments to the text of the Comprehensive Plan and UDO regarding revisions to the 25 0/I (Office/Institutional)zoning district and establishment of a new permitted use type. 26 This item is scheduled for the May 23, 2016 quarterly public hearing. 27 Presenter: Ashley Moncado, Special Projects Planner 28 29 Ashley Moncado reviewed the abstract. 30 31 Tony Blake: Do you have to put a definition for distribution on page 39? 32 33 Ashley Moncado: The definition for distribution is the assembly and packaging. This is just a clarification since there 34 was some confusion of how distribution falls into the table of permitted uses.Assembly and packaging in Article 10 35 specifically calls out distribution so it's already in there. 36 37 Lydia N. Wegman: Did you hear any concerns expressed about this amendment? 38 39 Ashley Moncado: No. We sent out letters to everyone in the County who currently owns property zoned as 0/I. We 40 had 11 people attend and it was a good discussion, but there was no concern among the attendees. 41 42 Tony Blake: Looking at the table in the land use and zoning matrix on page 43 I noticed that this is only in the 43 commercial/industrial transition,n but not in the rural industrial. Is that something scheduled for later or is that initial? 44 45 Craig Benedict: The commercial/industrial land use category was limited to areas where there is public water and 46 sewer. 47 48 Lydia N. Wegman: What would you like us to vote on? 49 50 Ashley Moncado: In the past the board has done the statement of consistency and amendment package together. 51 52 Lydia N Wegman:We might as well do them together. If there are no more concerns or questions we can go ahead 53 and vote. 54 1 43 DRAFT 55 MOTION made by Lisa Stuckey to recommend approval to the BOCC on the statement of consistency and the 56 proposed amendment package. Seconded by Tony Blake. 57 58 VOTE: UNANIMOUS 59 ****** 2 44 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendment to the Unified Development Ordinance (UDO) regarding the 0/I (Office/Institutional) Zoning District and establishment of a new permitted use type that would also be permitted in I-1, 1-2, and 1-3. The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. 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 sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c. The amendment is consistent with applicable plans because it: 1. Supports the following 2030 Comprehensive Plan goals and objectives: Chapter 3: Economic Development Element Economic Development Overarching Goal: Viable and sustainable economic development that contributes to both property and sales tax revenues, and enhances high-quality employment opportunities for County residents. Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Objective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. Chapter 5: Land Use Element Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 45 Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non-residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. Objective LU-3.1: Discourage urban sprawl, encourage a separation of urban and rural land uses, and direct new development into areas where necessary community facilities and services exist through periodic updates to the Land Use Plan. (See also Economic Development Objective ED-2.8.) d. The amendment is reasonable and in the public interest because it: 1. Supports and accommodates innovative and diverse economic development opportunities in the future. 2. Balances economic suitability with orderly, compact growth. 3. Promotes mixed use development in appropriate areas of the county served by water and sewer infrastructure which limits sprawl, protects the rural environment, and lessens land use conflicts. The Planning Board of Orange County hereby adopts this Statement of Consistency and findings expressed herein. y Lydia) . Wegman, ft hair Date