HomeMy WebLinkAboutAgenda - 06-07-2016 - 5-f - Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule for the September 2016 Quarterly Public Hearing – Secondary Uses 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 7, 2016
Action Agenda
Item No. 5-f
SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outline and Schedule for the September 2016 Quarterly Public Hearing —
Secondary Uses
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Ashley Moncado, Planner II, (919) 245-
Development Ordinance (UDO) 2589
Amendment Outline Form Craig Benedict, Planning Director, (919)
245-2575
Steve Brantley, Economic Development
Director, (919) 245-2326
PURPOSE: To consider and approve process components and schedule for an upcoming
government-initiated Unified Development Ordinance (UDO) amendment for the September 12,
2016 Quarterly Public Hearing regarding the establishment and permitting of secondary uses in
the UDO.
BACKGROUND: Orange County's UDO currently categorizes uses permitted by right into two
types: principal uses and accessory uses. Principal uses are listed in the various Tables of
Permitted Uses (Section 5.2 of the UDO) whereas accessory uses are activities that may or may
not be listed in the Table of Permitted Uses, but are allowed because they are considered
customary and ancillary to a certain principal use. For example, a gas station (principal use)
may include a car wash as an accessory use because car washes are considered usual and
customary to the principal use of a gas station. Any principal use permitted in a zoning district
can be developed as a stand-alone use.
In working with site selection specialists for various economic development projects, Planning
staff has identified that the UDO does not contain a by-right process that allows for
developments that include uses that may not be defined or viewed as customary or ancillary to
the principal use. For example, an office, research, and manufacturing business park which
includes a restaurant primarily serving onsite employees, but also open to the public could not
be permitted by right in the general use zoning districts. Instead the project would be required
to follow either the Master Development Plan Conditional Zoning District (MDP-CZ) process or
Conditional Use District process. In order to make the County more competitive in the site
selection process for these types of multi-use projects, Planning staff is proposing that the
concept of a "secondary use" be added to the UDO.
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The secondary use concept would permit certain types of uses to be coupled with specific,
identified principal uses as secondary uses permitted as part of an overall project development
plan. This amendment would establish secondary uses in the UDO and would also modify the
O/RM zoning district by allowing specific uses to operate as secondary uses on parcels zoned
O/RM.
Secondary uses are intended to primarily serve the needs of the business, facility, and
employees involved in the principal use. However, they would be permitted to serve the general
public therefore widening the demand market and strengthening the business model. Within the
O/RM zoning district, secondary uses could be conducted only in conjunction with a specific
permitted principal use (Industrial (Light), Research Facility, or Research and Manufacturing
Facility) and would be an incidental part of the total activity that takes place within a cohesive
project. As a result, additional uses would be permitted in the O/RM district (and other general
use districts, if applied in the future) without overpowering the intended purpose of the district. In
addition, the amendment will allow for a more efficient review process for future mixed use
developments. Therefore, allowing an office, research, and manufacturing business park which
includes a restaurant serving onsite employees and the general public to be permitted by-right in
the O/RM zoning district. Minor revisions to existing accessory use standards are also proposed
for clarification purposes.
The proposed amendment was previously included as part of a combined amendment package
with the 0/I text amendments which were presented at the May 23 Quarterly Public Hearing.
Following a recommendation from the Orange County Attorney's Office, Planning staff
separated the original amendment allowing for secondary uses to be presented as a second
amendment package. This amendment is seeking to allow for secondary uses only in the O/RM
zoning district. Planning staff is analyzing whether to propose secondary uses in other zoning
districts such as the Hillsborough Area Economic Development District.
Attachment 1 contains additional information and analysis regarding the proposed amendment.
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 will be
paid from FY2016-17 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 Manager recommends the Board approve the attached
Amendment Outline form and direct staff to proceed accordingly.
Attachment 1 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO /Zoning-2016-09
Secondary Uses
A. AMENDMENT TYPE
Map Amendments
n Land Use Element Map:
From:
To:
n Zoning Map:
From:
To:
n Other:
Text Amendments
n Comprehensive Plan Text:
Section(s):
n UDO Text:
NUDO General Text Changes
fUDO Development Standards
fUDO Development Approval Processes
Section(s): Section 3.4, General Commercial Districts
Section 5.1.1, Prohibited Uses
Section 5.2, Table of Permitted Uses
Section 5.3, Application of Use Standards
Section 5.5, Standards for Residential Uses
Section 6.4, Performance Standards
Section 6.11, Outdoor Lighting
Section 10.1, Definitions
n Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment related to secondary uses. The purpose of this
amendment is to establish secondary uses in the UDO and allow for specific uses,
currently not permitted in the O/RM zoning district, to operate as secondary uses
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without overpowering the intended purpose of the district. Secondary uses are
intended to primarily serve the needs of the business, facility, and employees
involved in the principal use, however, they would be permitted to serve the general
public therefore widening the demand market and strengthening the business model.
Within the O/RM zoning district, secondary uses could be conducted only in
conjunction with a specific permitted principal use (Industrial (Light), Research
Facility, or Research and Manufacturing Facility) and would be an incidental part of
the total activity that takes place within a cohesive project.
2. Analysis
Orange County's UDO currently categorizes uses permitted by right into two types:
principal uses and accessory uses. Principal uses are listed in the various Tables of
Permitted Uses (Section 5.2 of the UDO) whereas accessory uses are activities that
may or may not be listed in the Table of Permitted Uses, but which are allowed
because they are considered customary and ancillary to a certain principal use. For
example, a gas station (principal use) may include a car wash as an accessory use
because car washes are considered usual and customary to the principal use of a
gas station. Any principal use permitted in a zoning district can be developed as a
stand-alone use.
In working with site selection specialists for various economic development projects,
Planning staff has identified that not having a by-right process in the UDO that allows
for developments that include uses that may not be defined or viewed as customary
or ancillary to the principal use. For example, an office, research, and manufacturing
business park which includes a restaurant primarily serving onsite employees, but
also open to the public could not be permitted by right in the general use zoning
districts. Instead the project would be required to follow either the Master
Development Plan Conditional Zoning District (MDP-CZ) process or Conditional Use
District process. In order make the County more competitive in the site selection
process for these types of multi-use projects, Planning staff is proposing that the
concept of a "secondary use" be added to the UDO.
The secondary use concept would permit certain types of uses to be coupled with
specific, identified principal uses as secondary uses permitted as part of an overall
project development plan. This amendment would establish secondary uses in the
UDO and would also modify the O/RM zoning district by allowing specific uses to
operate as secondary uses on parcels zoned O/RM. Minor revisions to existing
accessory use standards are also proposed for clarification purposes.
The proposed amendment was previously included as part of a combined
amendment package with the O/1 text amendments which were presented at the May
23 Quarterly Public Hearing. Following a recommendation from the Orange County
Attorney's Office, Planning staff separated the original amendment allowing for
secondary uses to be presented as a second amendment package. This amendment
is seeking to allow for secondary uses only in the O/RM zoning district. Planning staff
is analyzing whether to propose secondary uses in other zoning districts such as the
Hillsborough Area Economic Development 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
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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.
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
June 7, 2016
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b. Quarterly Public Hearing
September 12, 2016
c. BOCC Updates/Checkpoints
July 6, 2016 — Ordinance Review Committee (receive materials)
August 3, 2016 — 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.
a. Planning Board Review:
July 6, 2016 — Ordinance Review Committee
August 3, 2016 — Recommendation to the BOCC
b. Advisory Boards:
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. Eleven people attended the meeting. No
concerns about the proposal were expressed by attendees.
❑ Small Area Plan Workgroup:
n 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 FY2016-17 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 establish secondary uses and allow for the
review and permitting of these uses in the O/RM zoning district. As a result, mixed use
developments which include a principal use type of Industrial (Light), Research Facility,
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or Research and Manufacturing Facility and permitted secondary uses will be permitted
by right on a parcel allowing for a faster review process than would currently be
required.
E. SPECIFIC AMENDMENT LANGUAGE
Will be available at a later date if staff is authorized to procced with the amendment.
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado @orangecountync.gov
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