HomeMy WebLinkAboutAgenda - 09-12-2016 - D.4 - Unified Development Ordinance Text Amendment – Modify Use Standards 410
ORANGE COUNTY
BOARD OF COMMISSIONERS
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 12, 2016
Action Agenda
Item No. DA
SUBJECT: Unified Development Ordinance Text Amendment — Modify Use Standards
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. Approved July 6, 2016 Ordinance
Review Committee Notes
5. Draft August 3, 2016 Planning Board
Minutes
PURPOSE: To hold a public hearing on a Planning Director initiated text amendment to the
Unified Development Ordinance (UDO) that would establish standards to allow certain principal
uses to include a small component of other specific uses in the O/RM (Office/Research and
Manufacturing) zoning district.
BACKGROUND: In working with site selection specialists and the Economic Development
Department for various economic development projects, Planning staff has noted that the
County could be more competitive in attracting economic development projects if the UDO were
to include a by-right process that allows for mixed use developments. Currently, an office,
research, and manufacturing business park which includes, for example, 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 to allow for additional uses to be
permitted in conjunction with, but not before, a specific identified principal use (Industrial (Light),
Research Facility, or Research and Manufacturing Facility) as part of an overall project
development plan.
This amendment will allow for uses that primarily serve and support the needs of the business,
facility, and employees involved in the principal use without overpowering the intended purpose
of the O/RM zoning 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, for example, a restaurant serving onsite
employees and the general public to be permitted by-right in the O/RM zoning district.
411
Originally, this text amendment package was envisioned to establish and permit secondary uses
in the UDO. Following a recommendation from the Orange County Attorney's Office, Planning
staff revised the amendment in order to permit the uses initially proposed as secondary uses in
a more concise manner. In essence, adding these support uses directly to the specific principal
use standards. As a result, the secondary use concept will not be established in the UDO;
however, the same outcome is expected to be achieved by amending the use standards
contained in Article 5.
The proposed amendment was presented for review and comment at the July 6, 2016
Ordinance Review Committee (ORC) meeting. Agenda materials from that meeting are
available at http://www.co.orange.nc.us/planning/planningboard.asp. Summary notes from this
meeting are included in Attachment 4.
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.
Planning Director's Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 2 and proposed amendment package contained in Attachment 3.
Planning Board Recommendation: At its August 3, 2016 meeting, the Board voted unanimously
to recommend approval of the Statement of Consistency and the amendment package. Draft
minutes from this meeting are included in Attachment 5. Agenda materials from the August 3,
2016 Planning Board meeting can be viewed at:
http://www.orangecountync.gov/8.3.16PIanningBoardAgendaPacket.pdf.
Following the August 3rd Planning Board meeting, County Attorney staff completed their review
of the proposed text amendments. As a result of the review, edits were made to the proposed
amendments. The edits made after the August 3rd meeting are identified with yellow
highlighting in Attachment 3. Due to the edits made to the proposed text amendment package
following Planning Board recommendation, the Orange County Attorney's Office determined the
amendments would need to be presented to the Board at the September 7, 2016 Planning
Board meeting for a second review and recommendation before the September Quarterly Public
Hearing. Planning staff will present a summary of the Planning Board's discussion and
recommendation for the BOCC at the September Quarterly Public Hearing. Agenda materials
from the September 7, 2016 Planning Board meeting can be viewed at:
http://www.orangecountync.gov/SeptemberPlanningBoardPacket.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
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.
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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.
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.
d. Deny the proposed amendments. (Note: Section 2.2.8 Effect of Denial on
Subsequent Applications of the UDO states that no application for the same or
similar amendment may be submitted for a period of one year. The one year
period begins on the date of denial.)
Attachment 1
413
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO /Zoning-2016-09
Modify Use Standards
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 5.14, Standards for Manufacturing, Assembly, and
Processing
Section 5.17, Standards for Miscellaneous Uses
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 that would establish use standards to allow certain
principal uses (Industrial (Light), Research Facility, or Research and Manufacturing
Facility) to include a small component of other specific uses in the O/RM
(Office/Research and Manufacturing) zoning district. This amendment will allow for
uses that primarily serve and support the needs of the business, facility, and
employees involved in the principal use without overpowering the intended purpose
of the O/RM zoning district.
1
414
2. Analysis
In working with site selection specialists for various economic development projects,
Planning staff has noted that the County could be more competitive in attracting
economic development projects if the UDO were to include a by-right process that
allows for mixed use developments. Currently, an office, research, and manufacturing
business park which includes, for example, a restaurant primarily serving onsite
employees, but is 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 to allow for additional uses to be permitted in conjunction with, but not
before, a specific identified principal use as part of an overall project development
plan.
Originally, this text amendment package was envisioned to establish and permit
secondary uses in the UDO. Following a recommendation from the Orange County
Attorney's Office, Planning staff revised the amendment in order to permit the uses
initially proposed as secondary uses in a more concise manner. As a result, the
secondary use concept will not be established in the UDO; however, the same
outcome is expected to be achieved by amending the use standards contained in
Article 5. Proposed standards will allow additional uses (banks, beauty and barber
shops, laundry and dry cleaning services, restaurants, etc.) to be permitted in the
O/RM zoning district when the principal use type is Industrial, Light, Research
Facility, or Research and Manufacturing Facility and the cumulative additional uses
do not exceed 25% of the total square footage of all structures.
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.
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.
2
415
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
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)
September 7, 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
September 7, 2016 — Recommendation to the BOCC
3
416
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 for a previous amendment
which included the "secondary use" concept 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:
❑ 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 allow for additional uses that serve and
support permitted principal uses in the O/RM zoning district. As a result, mixed use
developments which include a principal use type of Industrial (Light), Research Facility,
or Research and Manufacturing Facility and identified additional uses will be permitted
by right on a parcel allowing for a faster review process than would currently be
required.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 3
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado @orangecountync.gov
4
417
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) in order to modify use standards to allow certain principal uses to include a small
component of other specific uses in the O/RM (Office/Research and Manufacturing) zoning
district.
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
418
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. Reduces barriers for future mixed use projects while expanding economic
development opportunities in the county.
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 3 419
Ordinance # ORD-2016-031
AN ORDINANCE AMENDING
THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE
Whereas, the County determined existing language in the Unified Development Ordinance
(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 County identified necessary amendments to the UDO to establish standards
to allow certain principal uses to include a small component of other specific uses in the
O/RM zoning district in order to serve the needs of a specific principal use without
overpowering the intended purpose of the zoning district, and
Whereas, the requirements of 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
Unified Development Ordinance is 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.
420
WITNESS my hand and the seal of said County, this day of
, 2016.
SEAL
Clerk to the Board of Commissioners
421
UNIFIED DEVELOPMENT ORDINANCE AMENDMENT PACKET NOTES:
The following packet details the proposed text amendment regarding the modification of
existing use standards. The amendment package will modify Sections 5.14 and 5.17 of the
Unified Development Ordinance (UDO).
As the number of affected pages/sections of the existing UDO 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.
• Red Highlighted Text: Denotes revisions made after the August 3rd Planning Board
meeting.
Only those pages of the UDO 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 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.
Article 5:
Section 5.14: Standards For Manufacturing,Assembly&Processing
from the property line.
(3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p. .
(4) Site shall have direct access to a major road, as classified in the Ora .e County
Comprehensive Plan, and shall use said road as the primary acces-, unless
approved otherwise in the permit.
5.14.4 Winery, pros • ction only
(A) Standar• , for Class B Special Use Permit or ASE-CZ Zonin• 'istrict
(1) If located in an AR or RB zoning district, the winery ' st be located on a bona
fide far '.
(a) A •nery, production only, that is locate on a bona fide farm, and which
utiliz- primarily crops produced on .ite is considered a bona fide
farming se and is not subject to ening regulations.
(b) A winery, p eduction only, tha does not utilize primarily crops produced
on-site, regare ess of whet -r it is located on a bona fide farm, is not
considered a b..a fide f. ing use and is subject to the regulations
contained in this • din ce.
(2) If located adjacent to resid: t :11y zoned property, all buildings shall be located a
minimum of 100 feet fro ► the pre serty line.
(3) Application materials : all include a omprehensive groundwater study, for
facilities expected . use more groune■ ater on an annual basis than an average
single family res..ence (which uses 240 .-lions of water per day) built at the
highest densi the existing zoning district ,.uld allow. For example, if the
existing zo g district allows a residential de ity of 1 unit for 2 acres and the
propose. se is on a six acre parcel (which cou • yield 3 residences), the
propos-d use(s) may use three times the water u d by an average single family
resie -nce (or 720 gallons per day, on an annualized oasis) before a
co prehensive groundwater study is required. The wa :r usage rates of any
•xisting use subject to zoning regulations located on the -.me lot shall be taken
into account when determining if a comprehensive ground :ter study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, w--kly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use ar-
expected to be affected by withdrawals made by the proposed use.
5.14.5 Industrial, Light
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Industrial, Light and adhere to the standards of Section
5.14.5(A)(2):
(a) Banks & Financial Institutions
(b) Beauty& Barber Shops
(c) Laundry& Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
Orange County, North Carolina—Unified Development Ordinance Page 5-132
Article 5: U9
Section 5.15: Standards for Automotive/Transportation Related Uses
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.14.5(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
(b) The Principal Use type of Industrial, Light must be established on the
site.
(c) The Multiple Use shall not exceed 25%of the total square footage of all
structures on the site.
SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED
USES
5.15.1 ■ •tor Vehicle Sales/ Rental (New& Used)
(A) Submittal Requirements
In addition to the information required by Section 2.5, the site . an shall show the
area for the display of vehicles for sale or rental.
(B) Gener. Standards
(1) Pro lefty shall have frontage and direct access onto . State maintained roadway.
(2) Areas • the property designated for the displa of vehicles for sale or rent shall
be impro :d with an all-weather surface (i.e. 'oncrete, asphalt, gravel) and shall
not be used or any other purpose.
(3) Additional vehic :s, other than those o "ered for sale, rent or staff/customer
designated parkins .s required und- Section 6.9 of this Ordinance, can be
stored on-site and sh. I be scree,-d from view from adjacent properties and
public rights-of-way. S ve les shall not be included in the display limit
calculation.
(C) Standards for the NC-2, EC-5, .nd Zoning Districts
(1) The display of vehic -s outdoors s .11 be limited to 32 vehicles per acre of
property.
(D) Standards for GC-4, -1, 1-2, 1-3, EDB-1, EDB-2, .nd EDE-2
(1) The displ- of vehicles outdoors shall be lima -d to 45 vehicles per acre of
proper -.
SECTION 5.16: STANDARDS FOR MEDICAL USES
5.16.1 Veterinary C is
(A) andards for Class B Special Use Permit or ASE-CZ or MPD-CZ -oning District
(1) In the AR and ASE-CZ zoning districts, this use is intended prima for large
animal facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facile .-s shall
be located a minimum of 100 feet from the property line.
Orange County, North Carolina—Unified Development Ordinance Page 5-133
Article 5: 49
Section 5.17: Standards for Miscellaneous Uses
5.17.9 Research Facility
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Research Facility and adhere to the standards of Section
5.17.9(A)(2):
(a) Banks & Financial Institutions
(b) Beauty& Barber Shops
(c) Laundry& Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.17.9(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
(b) The Principal Use type of Research Facility must be established on the
site.
(c) The Multiple Use shall not exceed 25%of the total square footage of all
structures on the site.
5.17.10 Research and Manufacturing Facility
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Research and Manufacturing Facility and adhere to the
standards of Section 5.17.10(A)(2):
(a) Banks & Financial Institutions
(b) Beauty& Barber Shops
(c) Laundry& Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.17.10(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
(b) The Principal Use type of Research and Manufacturing Facility must be
established on the site.
(c) The Multiple Use shall not exceed 25%of the total square footage of all
structures on the site.
Orange County, North Carolina—Unified Development Ordinance Page 5-144
Excerpt of Notes Attachment 4 425
Approved 8/3/2016
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 JULY 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-At-Large Chapel Hill Township(Chair); Tony Blake, Bingham Township
9 Representative (Vice-Chair); Paul Guthrie,At-Large Chapel Hill Township; Maxecine Mitchell,At-Large Bingham
10 Township; Kim Piracci,At-Large; Buddy Hartley, Little River Township Representative;
11
12 STAFF PRESENT: Craig Benedict, Planning Director; Tom Altieri, Current Planning Supervisor; Perdita Holtz, Planning
13 Systems Supervisor;Ashley Moncado, Special Projects Planner; Meredith Pucci Administrative Assistant;
14
15 ******
16
17 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE(U DO)TEXT AMENDMENTS-MODIFY USE STANDARDS
18
19 To review and comment upon proposed amendments to the UDO that would establish use
20 standards to allow certain principal uses to include a small component of other specific uses in
21 the 0/RM (Office/Research and Manufacturing)zoning district.
22
23 Presenter:Ashley Moncado, Special Projects Planner
24
25 Ashley Moncado delivered presentation.
26
27 Tony Blake: Does this now permit drive-thrus? I think I remember that there were no drive-thrus.
28
29 Ashley Moncado: I believe that is correct.
30
31 Tony Blake: I kind of drew this thing on the board when we took the 0/RM blob there and divided up into the three
32 possible primary uses and then the secondary uses.The language that I'm missing here is where it talks about multi-
33 family there's a line in there that says, "The multi-family use is part of an overall site plan that includes at least 1 other
34 permitted..."That language is missing here for me.That language that says we need an overall site plan and what
35 I'm afraid to end up with is 25% here and 25% here and 25% here and 25% here, as opposed to a central master
36 plan. It seems to lend itself more towards this cut up view. Now maybe that's on purpose but that was what struck me
37 when reading this.
38
39 Perdita Holtz: It's not;that language is part of the next item though.We can probably just put in language indicating
40 that it needs to be part of an overall site plan.
41
42 Tony Blake:And that's what I was thinking. Because you could conceivably have all three of these different uses
43 inside this 0/RM and you don't know. Say this guy builds industrial and then they want to start building these
44 accessory uses.You don't know what the overall square footage is going to be in this whole thing so you can't say
45 what 25%of that is.And it just starts to get complicated and hard to figure out for a developer.
46
47 Craig Benedict: I think that would help during this site plan process to allocate an area of the site that maybe they're
48 not building retail in phase 1 but they could say here's part of the site.
49
50 Paul Guthrie: In terms in whether it's language or not,whether you can describe in a neat form that's understandable
51 of what you've just gone through. I'm wondering if the way to deal with the kind of would be to say that after the initial
52 development or something of the whole area any future, additional changes for some of these accepted uses inside
53 the area must go through the whole process again to make sure that they are not more than 25% of the area.
54
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55 Perdita Holtz:The intent of this was for a cohesive development project overall site plan.
56
57 Paul Guthrie: I understand that, but I think that's one of my worries through the whole paper.All of this is the initial
58 thing.What's going to happen ten years from now? Because the natural order of things in development is that you
59 devolve, and then you re-develop, and then you re-develop if you can't get land outside to do it all over again.And
60 I'm wondering if somehow there could be a clause that the lawyers would accept that at a certain point you have to
61 basically reinterpret this whole original area that was zoned that way and developed in that definition.
62
63 Craig Benedict:When we do a site plan,for let's say a ten acre site, but they're only using six acres, but yet that
64 original site was a ten acre site and somebody wants to develop something we call that a site plan modification. So
65 that we're still including what happened in phase 1 so maybe something along those lines.
66
67 Tony Blake: I'm trying to stay with the overall purpose and background,which is to streamline things.To make it
68 easier to develop and I know a lot of times you guys come up with a conceptual plan for something but the developer
69 wants to move things around and that's when the real discussions happen. But, if the thing is based on square
70 footage it seems like that's a cumbersome method of doing it and if you wanted to streamline the process you would
71 make it based on square acres or land or something.
72
73 Craig Benedict:We've considered the square footage versus acreage and some projects could use up a lot more
74 acreage by not keeping it to square footage so we don't want a lot of our economic development zones to have too
75 much residential so the square footage is a value. So for now we're going square footage and we'll evaluate this as it
76 comes through.
77
78 Tony Blake:Would food trucks be permitted?
79
80 Craig Benedict:Yes.
81 ******
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Excerpt of Minutes Attachment 5
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Draft
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 AUGUST 3,2016
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Lydia Wegman (Chair), Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill
8 Township; Buddy Hartley, Little River Township Representative; Tony Blake (Vice-Chair), Bingham Township
9 Representative; Lisa Stuckey, Chapel Hill Township Representative; Patricia Roberts, Cheeks Township
10 Representative; Laura Nicholson, Eno Township Representative; Kim Piracci,At-Large;
11
12
13 MEMBERS ABSENT: Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine Mitchell, At-Large Bingham
14 Township;
15
16
17 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz,
18 Planning Systems Coordinator; Ashley Moncado, Special Projects Planner; Patrick Mallett, Planner II; Rachel
19 McCook, Planner I; Molly Boyle, Planning Technician; Meredith Pucci,Administrative Assistant II.
20
21 OTHERS PRESENT: Sharon Mace; Dan Way; Austin Seifts; Annie Seifts; Nathan Robinson; Chris Cole; Franklin
22 Garland; Jimmy Garland;Javier Latre Gorbe; George Horton; Jim Parker.
23
24 ******
25
26 Agenda Item 11: Unified Development Ordinance(UDO)Text Amendment: To make a recommendation to
27 the BOCC on government-initiated amendments to the text of the UDO that would establish
28 use standards to allow certain principal uses to include a small component of other specific
29 uses in the 0/RM (Office/Research and Manufacturing) zoning district. This item is
30 scheduled for the September 12, 2016 quarterly public hearing.
31 Presenter: Ashley Moncado, Special Projects Planner
32
33
34 Ashley Moncado reviewed abstract.
35
36 MOTION by Laura Nicholson to approve the Statement of Consistency. Seconded by Lisa Stuckey.
37 VOTE: UNANIMOUS
38
39 MOTION by Laura Nicholson to recommend approval of the proposed text amendment. Seconded by Lisa Stuckey.
40 VOTE: UNANIMOUS
41
42 ******
1