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Home My WebLink AboutOCPB agenda 0507141 ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD ORANGE COUNTY WEST CAMPUS OFFICE BUILDING 131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004) HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, May 7, 2014 Regular Meeting – 7:00 pm No. Page(s) Agenda Item 1. CALL TO ORDER 2. 5-6 7-10 INFORMATIONAL ITEMS a. Planning Calendar for May and June b. May 27, 2014 Quarterly Public Hearing – 7:00 p.m. on May 27 @ Dept. of Social Services – Draft Legal Ad Attached for Information (Planning Board Attendance Required) 3. 11-20 APPROVAL OF MINUTES April 2, 2014 Regular Meeting 4. CONSIDERATION OF ADDITIONS TO AGENDA 5. PUBLIC CHARGE Introduction to the Public Charge The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land development laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in a manner which considers the present and future needs of its residents and businesses through efficient and responsive process that contributes to and promotes the health, safety, and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive governance and quality public services during our deliberations, decisions, and recommendations. Public Charge The Planning Board pledges to the residents of Orange County its respect. The Board asks its residents to conduct themselves in a respectful, courteous manner, both with the Board and with fellow residents. At any time, should any member of the Board or any resident fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 6. CHAIR COMMENTS 1 2 No. Page(s) Agenda Item 7. 21-114 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION: To review and make a recommendation on a major subdivision preliminary plat application (Triple Crown Farms), located off of Dairyland Road. Presenter: Michael Harvey, Current Planning Supervisor Note for Planning Board Members: Planning staff has 24”x36” plan sets available for any Planning Board member who would like a larger set of plans. Please contact Michael Harvey at (919) 245-2597 if you would like a large scale plan set. 8. 115-150 JOINT PLANNING LAND USE PLAN AND AGREEMENT AMENDMENT: To make a recommendation to the BOCC on County-initiated amendments to the text of the Joint Planning Land Use Plan and Agreement in regards to density in the Rural Buffer land use classification and clarifications on other topics. This item was heard at the March 27, 2014 Joint Planning Public Hearing and was previewed at the April 2, 2014 Planning Board meeting. Presenter: Michael Harvey, Current Planning Supervisor 9. 151-164 JOINT PLANNING LAND USE PLAN AND AGREEMENT AMENDMENT: To make a recommendation to the BOCC on County-initiated amendments to the text of the Joint Planning Land Use Plan and Agreement in regards to allowing appropriate agricultural support enterprises in the Rural Buffer land use classification. This item was heard at the March 27, 2014 Joint Planning Public Hearing and was previewed at the April 2, 2014 Planning Board meeting. Presenter: Perdita Holtz, Planning Systems Coordinator 10. 165-257 2030 COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS: To make a recommendation to the BOCC on government-initiated amendments to the text of the UDO to establish a zoning program commonly referred to as Agricultural Support Enterprises (ASE) within the Rural Buffer land use classification. This item was heard at the February 24, 2014 quarterly public hearing. The text amendments can be adopted by the BOCC only if the Joint Planning Land Use Plan and Agreement (item #9 above) is adopted by all three local governments (Orange County, Chapel Hill, and Carrboro). Presenter: Perdita Holtz, Planning Systems Coordinator 2 3 No. Page(s) Agenda Item 11. COMMITTEE/ADVISORY BOARD REPORTS a. Board of Adjustment b. Efland-Mebane Small Area Plan Implementation Focus Group (community meeting on April 7 regarding proposed Efland zoning overlay districts) 12. ADJOURNMENT IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR PERDITA HOLTZ (919-245-2578). 3 4 *Planning Board Member Attendance Required SuMoTuWeThFrSa 12345678910111213141516171819202122232425262728293031 May 2014 SuMoTuWeThFrSa 123456789101112131415161718192021222324252627282930 June 2014May 2014 Ap r 2 7 - M a y 3 Apr 27 28 29 30 May 1 2 3 7:30pm Carrboro Planning Board for JPA Items (OWASA Building) Ma y 4 - 1 0 4 5 6 7 8 9 10 7:00pm Chapel Hill Planning Board for JPA Items (Town Operations Center) 7:00pm *PLANNING BOARD MEETING (West Campus Office Bldg ) 7:00pm BOCC Reg Meeting (Department of Social Services) Ma y 1 1 - 1 7 11 12 13 14 15 16 17 7:30pm Board of Adjustment CANCELLED 7:00pm BOCC Work Session (Southern Human Services) 7:00pm BOCC Budget Work Session (Southern Human Services) Ma y 1 8 - 2 4 18 19 20 21 22 23 24 7:00pm BOCC Reg Meeting (Southern Human Services) 7:00pm OUTBoard Meeting CANCELLED 7:00pm BOCC Budget Public Hearing (Dept of Social Services) Ma y 2 5 - 3 1 25 26 27 28 29 30 31 HOLIDAY 7:00pm *Quarterly Public Hearing (Dept of Social Services) 7:00pm BOCC Budget Public Hearing (Southern Human Services) Sun Mon Tue Wed Thu Fri Sat 5 *Planning Board Member Attendance Required SuMoTuWeThFrSa 123456789101112131415161718192021222324252627282930 June 2014 SuMoTuWeThFrSa 12345678910111213141516171819202122232425262728293031 July 2014June 2014 Ju n 1 - 7 Jun 1 2 3 4 5 6 7 7:00pm BOCC Reg Meeting (Department of Social Services) 7:30pm Town of Carrboro Alderman Meeting for JPA (Town Hall) 7:00pm *PLANNING BOARD MEETING (West Campus Office Bldg ) 7:00pm BOCC Budget Work Session (Southern Human Services) Ju n 8 - 1 4 8 9 1011 12 13 14 7:30pm 7:00pm BOCC Budget Work Session (Link Gov't Services) 7:00pm BOCC Budget Work Session (Southern Human Services) Ju n 1 5 - 2 1 15 16 17 18 19 20 21 7:00pm BOCC Reg Meeting (Southern Human Services) 7:00pm OUTBoard Meeting (West Campus Office Bldg) Ju n 2 2 - 2 8 22 23 24 25 26 27 28 Ju n 2 9 - J u l 5 29 30 Jul 1 2 3 4 5 Sun Mon Tue Wed Thu Fri Sat 6 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 8, 2014 Action Agenda Item No. SUBJECT: Legal Advertisement for Quarterly Public Hearing – May 27, 2014 DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Proposed Legal Advertisement 2. Location Map INFORMATION CONTACT: Perdita Holtz, Planning Systems Coordinator, 919-245-2578 Craig Benedict, Planning Director, 919- 245- 2592 PURPOSE: To consider the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for May 27, 2014. BACKGROUND: The Board of County Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. The following items are scheduled for the May 27, 2014 Quarterly Public Hearing. Applications: 1. Class A Special Use Permit request submitted by Sunlight Partners LLC, SunDurance Energy, and Shelia Bishop, Michael Bishop, and Annie Nunn seeking to develop a 5 megawatt solar array/public utility station on two parcels of property, totaling approximately 50 acres in area, off of Mt. Sinai Road near Cascade Drive in Chapel Hill Township. (See map in Attachment 2 for location). County Initiated: 2. Unified Development Ordinance (UDO) Text Amendments to change the existing public hearing process for Comprehensive Plan-, UDO-, and Zoning Atlas-related projects/amendments. This item was on the February 24, 2014 quarterly public hearing agenda but was postponed to the May 27th hearing due to time constraints. The legal advertisement in Attachment 1 provides additional information regarding these items. The BOCC approved the Amendment Outline Form for item 2 at its October 15, 2013 meeting. FINANCIAL IMPACT: Other than advertising costs, which are included in the FY 2013-14 Budget, there are no direct financial impacts associated with the approval of this item. RECOMMENDATION(S): The Manager recommends the Board approve the proposed May 27, 2014 Quarterly Public Hearing legal advertisement. 7 NOTICE OF JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD A joint public hearing will be held at the Department of Social Services, Hillsborough Commons, 113 Mayo St., Hillsborough, North Carolina, on Tuesday, May 27, 2014 at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or against the following items: 1. Application for a Class A Special Use Permit: In accordance with the provisions of Section 2.7 Special Use Permits and Section 5.9.6 of the Orange County Unified Development Ordinance (UDO), Sunlight Partners LLC, SunDurance Energy, and Shelia Bishop, Michael Bishop, and Annie Nunn have submitted a Class A Special Use Permit application seeking to develop a solar array/public utility station on two parcels of property, totaling approximately 50 acres in area, off of Mt. Sinai Road near Cascade Drive in Chapel Hill Township. Sunlight Partners LLC intends to lease the parcels, with Parcel Identification Numbers (PIN) of 9881-38-8874 and 9881-49-3072, to develop a 5 megawatt facility involving the erection of individual solar arrays. The properties in question are zoned Rural Buffer (RB) and are located within the Rural Buffer land use category as denoted on the Future Land Use Map of the Comprehensive Plan and the Rural Designated Area as denoted on the Growth Management System Map. Purpose: To review the item and receive public comment on the application. 2. Unified Development Ordinance (UDO) Text Amendment: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated amendments to the text of the Unified Development Ordinance (UDO). The purpose of the amendments is to change the existing public hearing process for Comprehensive Plan-, UDO-, and Zoning Atlas-related items/amendments. The following Sections are proposed for amendments: 2.1, 2.3, 2.7, 2.8, 5.10.2. The proposed amendments would replace the existing joint Board of County Commissioners (BOCC)/Planning Board quarterly public hearings with a minimum of eight (8) BOCC-only public hearing dates per year. The Planning Board would make its recommendation to the BOCC after the public hearing but a quorum of Planning Board members would no longer be necessary to hold a public hearing. Discussion on when a public hearing is closed to additional comments is likely to take place at the May 27, 2014 public hearing and changes to the proposed language may occur as a result of such discussion. Attachment 1 8 This item was on the February 24, 2014 quarterly public hearing agenda but was postponed due to time constraints. Purpose: To review the item and receive public comment on the proposed amendments. Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. Accommodations for individuals with physical disabilities can be provided if the request is made to the Planning Director at least 48 hours prior to the Public Hearing by calling the one of the phone numbers below. The full text of the public hearing items may be obtained no later than May 16, 2014 at the County website www.co.orange.nc.us at the Meeting Agendas link. Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and you will be directed to a staff member who will answer your questions. PUBLISH: The Herald Sun News of Orange May 14, 2014 May 14, 2014 May 21, 2014 May 21, 2014 9 Orange County Planning and Inspections Department 01/10/2014 VICINITY MAP - SUNLIGHT PARTNERS LLCCLASS A SPECIAL USE PERMIT REQUEST FA L L S D R B R I S B A N E D R CAPREA CT C A S C A D E D R CE D R O N E L L A R D CHARL O C K C T MT S I N A I R D 1 inch = 400 feet 0 500 1,000Feet· Parcels Township Boundary City Limits ETJ2010 ImagesRGB Red: Band_1 Green: Band_2 Blue: Band_3 I 4 0 E I 4 0 W NC 57 I 85 S N C 8 6 N NC 54 W US 70 W NC 49 US 1 5 5 0 1 S SUBJECT PARCELPIN 9881-38-8874 RURAL BUFFER (RB) ZONING SUBJECT PARCELPIN 9881-49-3072 RURAL BUFFER (RB) ZONING 10 D R A F T 1 MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 APRIL 2, 2014 3 REGULAR MEETING 4 5 6 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Herman Staats, At-Large, Cedar 7 Grove Township; Paul Guthrie, At-Large Chapel Hill Township; Tony Blake, Bingham Township Representative; 8 Andrea Rohrbacher, At-Large Chapel Hill Township; James Lea, Cedar Grove Township Representative 9 10 11 MEMBERS ABSENT: Lisa Stuckey, Chapel Hill Township Representative; Buddy Hartley, Little River Township 12 Representative; Maxecine Mitchell, At-Large Bingham Township; Vacant- Eno Township Representative; Vacant- 13 Hillsborough Township Representative; Vacant- At-Large; 14 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, 17 Special Projects Coordinator; Ashley Moncado, Special Projects Planner; Tina Love, Administrative Assistant II 18 19 20 OTHERS PRESENT: Brent Niemann, Louis Iannone, Beth Trohes, Rich Kirkland 21 22 23 HANDOUTS: Email from Louis Iannone to Mrs. Wise 24 25 26 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 27 28 29 AGENDA ITEM 2: INFORMATIONAL ITEMS 30 a) Planning Calendar for April and May 31 32 Perdita Holtz: We are having a public information meeting in Efland next Monday at 5:30 at Efland Cheek 33 Elementary School on the Efland Overlay District. 34 35 36 AGENDA ITEM 3: APPROVAL OF MINUTES 37 MARCH 5, 2014 REGULAR MEETING 38 39 Tina Love: I have one correction, the adjournment was left off and I have added it. Paul Guthrie moved to adjourn 40 and Tony Blake seconded. 41 42 MOTION by Tony Blake to approve the March 5, 2014 Planning Board minutes with correction. Seconded by Paul 43 Guthrie. 44 VOTE: UNANIMOUS 45 46 47 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 48 49 50 AGENDA ITEM 5: PUBLIC CHARGE 51 52 Introduction to the Public Charge 53 11 D R A F T 2 The Board of County Commissioners, under the authority of North Carolina General Statute, 54 appoints the Orange County Planning Board (OCPB) to uphold the written land development 55 laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 56 harmonious development. OCPB shall do so in a manner which considers the present and 57 future needs of its citizens and businesses through efficient and responsive process that 58 contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 59 will make every effort to uphold a vision of responsive governance and quality public services 60 during our deliberations, decisions, and recommendations. 61 62 AGENDA ITEM 6: CHAIR COMMENTS 63 64 Pete Hallenbeck: I would like to thank Buddy Hartley for chairing the quarterly public hearing and thank Lisa for 65 chairing the Planning Board meeting. 66 67 AGENDA ITEM 7: CLASS A SPECIAL USE PERMIT: To make a recommendation to the BOCC on a Class A Special 68 Use Permit application seeking to develop a solar array/public utility station on two parcels of 69 property, totaling approximately 52 acres in are, off of Redman Road between the railway and 70 Interstate 85/40 in Cheeks Township. This item was heard at the February 24, 2014 quarterly 71 public hearing and was discussed at the March 5, 2014 Planning Board Meeting . 72 Presenter: Michael Harvey, Current Planning Supervisor 73 74 Michael Harvey: Reviewed abstract. 75 76 Pete Hallenbeck: I have a comment. We have a letter regarding the fields that might be emitting from this and I 77 would like to state I am an electrical engineer, I’ve done a great deal of work in radio and radio fields and other field 78 work to pass FCC specs, and I am comfortable with the statement being submitted. 79 80 Michael Harvey: It is appropriate for a member of the Board to make a motion to approve staff findings beginning on 81 page 22 through page 34 finding in the affirmative as recommeded by staff and then begin deliberation on the 82 information provided on the pages 35 through 37. On page 38, staff has recommended seven conditions on this 83 project. 84 85 MOTION made by Tony Blake to approve the staff findings on pages 22 through 34 to find in the affirmative and non-86 applicable where indicated. Seconded by Herman Staats. 87 VOTE: Unanimous 88 89 MOTION made by Herman Staats to approve Section 5.3.2 on page 35 keeping in mind the conditions on page 38. 90 Seconded by Tony Blake. 91 VOTE: Unanimous 92 93 MOTION made by Tony Blake that the proposal will abide by Section 5.3.2 (A) (2) (b) with the inclusion of the seven 94 recommendations from staff on page 38. Seconded by James Lea. 95 VOTE: Unanimous 96 97 MOTION made by Tony Blake that the proposal will abide by Section 5.3.2 (A) (2) (c) with the inclusion of the seven 98 recommendations from staff on page 38. Seconded by Herman Staats. 99 VOTE: Unanimous 100 101 MOTION made by James Lea to recommend approval of the project with the seven conditions with further indication 102 that we have found there is no competent material or substantial evidence in the record proving the applicant does 103 not meet the UDO. Seconded by Tony Blake. 104 VOTE: Unanimous 105 106 107 12 D R A F T 3 AGENDA ITEM 8: 2030 COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT 108 AMENDMENTS: To make a recommendation to the BOCC on government-initiated amendments 109 to the text of the UDO to establish a zoning program commonly referred to as Agricultural 110 Support Enterprises (ASE) outside of the Rural Buffer land use classification. This item was 111 heard at the February 24, 2014 quarterly public hearing. 112 Presenter: Perdita Holtz, Special Projects Coordinator 113 114 Perdita Holtz: Reviewed abstract. 115 116 Tony Blake: You are talking about ground water, you are not talking about a farm pond used for watering animals or 117 irrigation? 118 119 Pedita Holtz: Correct. We are talking about a well being drilled. If it would be more clarifying to put in ‘ground water 120 accessed via a well’, we can put that in the language. 121 122 Tony Blake: I am out of my area of knowledge. 123 124 Paul Guthrie: Are we comfortable with the 240 figure that is used through most of this dialogue as the baseline. 125 126 Perdita Holtz: A recharge study done in the 1990’s found the recharge rate was over 300 gallons per day per acre of 127 land. We are comfortable that the average single family home uses 240 gallons per day. It is an average. 128 129 Paul Guthrie: I speak from experience and getting three gallons a minute at 270 feet and in those days the well up 130 the street was 80 feet so it varies so much. 131 132 Perdita Holtz: It is true that in Orange County, the structure of the underground geology is you can have your well 133 and your neighbor’s well literally 50 feet away could have to be at a different depth. That is one of the purposes of 134 ground water studies. 135 136 Pete Hallenbeck: I think someone trying to set up an enterprise, thinking they could get more than that, they are 137 smart enough to not depend on the water. I think this is a reasonable number. 138 139 MOTION made by Paul Guthrie to accept the planning director’s recommendation. Seconded by James Lea. 140 VOTE: Unanimous 141 142 143 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT – HOME OCCUPATION: To review 144 certain aspects of the Planning Board- and Planning Director-initiated amendments to the 145 Unified Development Ordinance (UDO) regarding Home Occupations. At the February 18, 146 2014 BOCC meeting, the BOCC referred this item back to the Planning Board and staff for 147 further consideration. 148 Presenter: Ashley Moncado, Special Projects Planner 149 150 Ashley Moncado: Reviewed abstract. 151 152 Paul Guthrie: If everybody read the minutes of the last meeting, I won’t repeat those. I am concerned, while I 153 understand from a practical standpoint how this proposal is organized, it is visualized as protection of residential 154 neighborhood but in many cases, it will be governing places that under no definition would be a residential 155 neighborhood. I understand this is a practical problem of how you define things; it tends to make it easier for people 156 with larger properties and more money to own those properties in order to get into some of the businesses this tends 157 to regulate. I have some concern about that as you get into rural areas because I think that is an unfair balance we 158 don’t need to get in to. In many cases, this will be a case of selective enforcement because I don’t think the planning 159 department, even in its best day, can totally enforce this because the number of instances that may be used without 160 going through the permitting process so I am always concerned about government regulations where it will be 161 13 D R A F T 4 impractical to totally enforce. After reading this I read the intergovernmental sections which suggests to me that parts 162 if not all of this may be actually enforced and moderated by jurisdictions other than the County of Orange because of 163 the enforcing standards where there is contract in areas near cities, town, etc. I would like a better explanation that if 164 this is adopted who will enforce it. I think that is a fair question for the Commissioners. Finally, for a minor permit to 165 require a $90 upfront one-shot cost is pushing the creditability of the staff because the minor permit involves the 166 description of two pieces of paper that will clearly show it is or is not eligible for a minor permit. 167 168 Herman Staats: I like the comment made that the goal is try to balance use of a home as a residence versus use of 169 a home as a business. I think that is something we need to keep in mind with all the discussions we have here. We 170 need to find the balance that allows for some small business while also allowing people who have their homes 171 nearby to enjoy them. I would like to hear more discussion about the proposed changes and concerns about 172 setbacks and things and see the recommendations. 173 174 James Lea: No comment. 175 176 Andrea Rohrbacher: I don’t know how this will be enforced if someone were new to the area and decided they want 177 to start a home business, I think they would go ahead and set up an office and start doing what they do through the 178 home with a small office space and I don’t think that would have an impact as we try to address this ordinance but it 179 seems we have put a lot of work into this and there are a lot of regulations that have been thought but will it 180 accomplish what we want it to do with respect to being able to avoid the folks that were not aware and found out they 181 were in violation. 182 183 Pete Hallenbeck: So, some of your concern is for someone who had a smaller operation, one office with just 184 themselves, would they get into a situation where they were in violation and were not aware of it and how would that 185 enforcement occur and what would happen to them. Ashley, if you have one person with no employees it wouldn’t 186 be... 187 188 Ashley Moncado: It would most likely be waived, and you would not have to go through the permitting process. 189 190 Pete Hallenbeck: It would not be until you had employees showing up for work that things would kick in. 191 192 Ashley Moncado: Visitors, signage, and then these standards would be in effect. 193 194 Andrea Rohrbacher: What if you had no employees and offered craft classes and had twelve cars in front. 195 196 Ashley Moncado: Then you would have to go through this process. 197 198 Andrea Rohrbacher: How would that person know that? 199 200 Ashley Moncado: Unfortunately, we would have a difficult time reaching them. We are going to provide outreach 201 and have education to let residences know of these changes. But in the situation you described we wouldn’t know 202 unless a complaint was received or they contacted our office. 203 204 Pete Hallenbeck: Someone involved in a home business and unaware they were in violation, it will be complaint 205 driven before someone finds out. At that point, the planning staff doesn’t show up to put that person in jail but inform 206 them of the process. The goal in the planning office is that if someone complained, the person applied for the permit 207 and things would be great. The only problem would be if someone found out they were in violation and would not 208 apply for the permit then it goes to another level. 209 210 Ashley Moncado: There is no fine. 211 212 Michael Harvey: The typical proceeding is educational first; we work together to correct it. If you choose not to 213 comply, then we would do an enforcement action which states you comply or else, as with any violation with the 214 14 D R A F T 5 code. It is incumbent upon the property owner to do their due diligence and determine what regulations, if any, are 215 applicable for anything they are proposing to do. 216 217 Tony Blake: It seems the ‘structure built with suitable residential construction materials to resemble’ is subjective and 218 could use a statement that says ‘compliments’ or ‘the same as adjacent or neighborhood construction’. I think one of 219 the reasons for this is to get people who have home base businesses to come into compliance and possibly pay 220 taxes and be part of the structure than flying under the wire. I am curious as to if there is a non-conforming existing 221 use where someone has been there for a while and now with this ordinance, can you make them? 222 223 Michael Harvey: As we have stipulated during the public hearing, we do have non-conforming regulations in the 224 UDO that specify that a use that was legal at the time it was created made illegal by amendment to the code is 225 allowed to continue, there are limits. This regulation liberalizes several existing situations that make establishing a 226 home occupation easier. There are structures that already exist as part of the home occupation that may not comply 227 with setback. We will not require people to bring those structures into compliance with code if adopted. 228 229 Pete Hallenbeck: In general, you can’t shut down a currently legal operation with a zoning change. 230 231 Paul Guthrie: Has there been any consideration by the county attorney as to whether or not the way you have 232 separated this proposed ordinance that it violates the Equal Protection of Laws under the United States Constitution? 233 234 Michael Harvey: You would have to ask the county attorney but I will tell you and Ashley will confirm it, the county 235 attorney reviewed and signed off on this proposal. 236 237 Paul Guthrie: Even though two activities in two different locations and the sole difference in permitting and non-238 permitting is the size of the property they exist on. 239 240 Michael Harvey: We currently have that same distinction in zoning districts throughout the county and it doesn’t 241 violate the equal protection clause. Different zoning districts, different scenarios of the property breed different 242 standards and evaluation. That is already a constant within zoning ordinances throughout the county. 243 244 Paul Guthrie: Once the ordinance is passed, how will the organization communicate to the general public these new 245 standards? 246 247 Ashley Moncado: We will provide a source on the county website through our division with the new information to 248 contact me directly regarding questions. We will also have a press release to the local newspaper and a possible 249 outreach meeting. Based on how home occupations operate on a case-by-case basis it may be more difficult to do 250 one mass meeting because a lot will be a case-by-case basis on how it will affect an individual. If adopted we are 251 proposing a delay in implementation until July 1 to give staff time to get the information out. If it goes to May 8, we 252 are looking at a delay until July 1 for implementation. 253 254 Paul Guthrie: This is a permit fee, has there been consideration whether it could be considered tax? 255 256 Craig Benedict: It is not based on the value of the property. It is based on what the cost is to provide a review of the 257 proposal. It is based on personnel and time it is not based on property values. 258 259 Paul Guthrie: So you can document the average cost to review? 260 261 Craig Benedict: Yes. That is how we based it. 262 263 Michael Harvey: I would like to add the elected officials of the county set the fees not the planning staff. 264 265 Paul Guthrie: That is irrelevant to the question. 266 267 Michael Harvey: I disagree and I would refute that answer. 268 15 D R A F T 6 269 Paul Guthrie: As a fee it has to have some basis in fact to stand as a fee. So, if they make the judgment, unless 270 you can refute their judgment, then that brings it into jeopardy. On the other hand if you are comfortable that you 271 have data to support that fee, that makes it a different thing. I guarantee sooner or later, this will end up in court. It 272 may be later and usually when they end up in court, they are the nastiest kind of case that really isn’t what anybody 273 ever thought about before. I am saying you are going to have to manage this and the ducks need to be all in a row. 274 Many of us have been through that and I can tell you that you don’t want to get into that situation. Then you become 275 the bad guys on the block and that makes it more difficult to do all kinds of everything else here. 276 277 James Lea: On page 149, why is automotive repair services and detailing not considered a home occupation? 278 279 Ashley Moncado: That was a discussion we had at the December Planning Board meeting and those are uses that 280 are not permitted because of the nature and intensity of their uses. 281 282 James Lea: I disagree because of the fact that a lot of people in the rural area do automotive repair at their home 283 and this is saying they are not allowed to do this service at their home and it is an occupation. 284 285 Ashley Moncado: Personal use or doing work for the general public, exchanging money? 286 287 James Lea: For a living, exchanging money, and that’s how they make their living. So what this is saying is they can 288 no longer do that? 289 290 Ashley Moncado: Currently it is not permitted through this standard. This was discussed at the November Planning 291 Board meeting but a formal amendment was not presented to staff. It was also discussed at the quarterly public 292 hearing and again at the December Planning Board meeting. At that time the only items identified as the Planning 293 Board wished to see as now being permitted was building, electrical, plumbing mechanical, grading or other 294 construction contracting. The Planning Board did not cite the need to allow the remaining automotive uses to be 295 permitted as home occupation. 296 297 Pete Hallenbeck: Do you see a difference between automotive detailing and the other items in that list? 298 299 James Lea: I do see a difference because you are basically cleaning cars. If you are repairing your car or someone 300 else’s car, you should have the right to do that too. 301 302 Ashley Moncado: We are not restricting people from doing work on their personal car. When it becomes an actual 303 operation having people dropping their car and working on multiple cars that is not permitted. 304 305 James Lea: Even if they have the space? 306 307 Ashley Moncado: You are obviously operating business out of your home. 308 309 Perdita Holtz: They are not permitted as a home occupation; there are other avenues to get approval. 310 311 James Lea: If they have the land to do it. 312 313 Pete Hallenbeck: Your basic comment is when you detail a car, it is not noisy or messy, why is that on the list? 314 315 James Lea: All three of those fall in that category. 316 317 Herman Staats: I think this is an example where the size of your lot does make a difference. If you have a one acre 318 lot in the middle of town, I don’t want a body shop next door to me but if I own 50 acres out in the country and there 319 are other avenues where I could utilize to run that business there then I would like to have the opportunity to do it. I 320 think that is a good example of where the size of the lot does have an impact. 321 322 16 D R A F T 7 Pete Hallenbeck: If you went for a conditional use permit, they clearly define what you can and cannot do. The 323 process involves your neighbor’s input. 324 325 James Lea: Some of my neighbors do work at home on vehicles. I feel they have the right to take their garage and 326 service people’s cars if that is what they choose. 327 328 Paul Guthrie: We rent property in another county in this state and many times deal only by telephone and receive 329 mail back and forth about those rentals. Does that put us in a category to need a permit from Orange County to do 330 that business that takes place totally in another county? 331 332 Ashley Moncado: I would not think so. You don’t have people visit you on site and there is no advertisement on that 333 property. 334 335 Pete Hallenbeck: It has come up that large properties are favored and I think that is a natural outcome of the goal of 336 trying to have a balance because when you have a large property, you have to make a lot more noise when you are 337 on a large property. We have talked about enforcement and it is complaint driven. We have some idea of the 338 general approach or attitude of the county. Paul, I want to address your $90 fee is too much, my understanding is 339 that every time you apply for a permit in the county there is a fee and the goal is the person doing things in 340 generating pays for that as opposed to all the taxpayers subsidizing. On the $90 too much, this may be the nature of 341 the stuff I get into. There may be some businesses that are a substantial percentage you are spending to get into the 342 business but I think for a lot of people, you have a lot of other costs. I think the fee is reasonable. Herman, it is all 343 about the balance. I have read every page of these changes and I think this whole process has an incredible amount 344 of input from the Planning Board and the BOCC. I really like the major and minor home use. James, with your 345 comment, we can make a note of this and if you wish to vote against this and make a note of it, it will stand out. I like 346 the fact this protects the rural buffer by not allowing the major home occupations. I am happy to go with this 347 recommendation because it is a good step forward. There is always the opportunity to modify the UDO. 348 349 Tony Blake: Is there a regulation for home-based businesses involving hazardous material or above and beyond 350 what is stored at a residence. 351 352 Ashley Moncado: There is language in “Uses Not Permitted” that does not include all uses that would be unsuitable. 353 354 Michael Harvey: That is addressed in the UDO and other regulations. 355 356 James Lea: Comparing minor and major home occupations, I have a tax service and I am not on five acres of land 357 however, at certain times of the year, there may be 20 or more people to come to my house to get tax service, where 358 does my service fall under? 359 360 Ashley Moncado: Most likely, it would be minor. 361 362 James Lea: Then it limits the number of people who come to my house? 363 364 Ashley Moncado: Correct. You could operate the business but you could only have up to six-customer visit per day. 365 366 James Lea: Isn’t it that restrictive. This part to me is too restrictive. 367 368 Pete Hallenbeck: It gets back to the balance concept. You are concerned there may be some home occupations 369 that may have a peak load for relative short periods of time and this could keep those businesses from happening. 370 371 Andrea Rohrbacher: Where do corn mazes fit in? 372 373 Ashley Moncado: They would most likely be exempt because they are agritourism. 374 375 17 D R A F T 8 Pete Hallenbeck: At this point let’s see if anyone cares to move for a recommendation to accept the planning 376 director’s recommendation and we can take a vote on it. James, this is where you can make a decision to say no 377 and I want to emphasize that commissioners do pay attention to these. You are worried about seasonal variances 378 and you believe things related to automobiles should be allowed. 379 380 James Lea: I would like to make it part of the record that I am concerned about that. I think it should be allowed. I 381 understand if you are in the city there may be concerns. Also, with the major and minor home occupation, I have 382 problems with some of them. 383 384 MOTION made by Paul Guthrie that the proposal lie on the table. Seconded by James Lea. 385 386 Pete Hallenbeck: You are proposing that we not accept the planning director’s recommendation? Is that correct? 387 388 Paul Guthrie: That would be the ultimate outcome but that was not my motion. My motion was we leave it on the 389 table. 390 391 Pete Hallenbeck: So you are saying we should not vote on it? So we are going to take a vote to not vote on it, is 392 that correct? 393 394 Paul Guthrie: If you pass the motion then it has to be brought up new. 395 396 MOTION made by Paul Guthrie to leave the recommendation on the table. Seconded by James Lea. 397 VOTE: 2 – 4 (Pete Hallenbeck, Herman Staats, Tony Blake, Andrea Rohrbacher) Failed 398 399 MOTION made by Tony Blake with some reservation to accept the recommendation by staff on the major and minor 400 home occupation as presented and hopefully amended later. Seconded by Andrea Rohrbacher. 401 VOTE: 4 – 2 ( James Lea and Paul Guthrie) Passed 402 403 Herman Staats: The discussion was helpful. Whenever this goes to the public, if they understand staff is willing and 404 able to accomondate them as best they can, I think that is important. 405 406 Craig Benedict: Part of our outreach will include scenarios, FAQs and we will try to use this input from the Board. 407 On the face, it may seem we are restricing something but we are actually liberalizing it. 408 409 Paul Guthrie: I voted no because I think it too broad, I think it is unenforceable. I think it discourages innovation and 410 business development in small businesses. I think it runs counter to the change and nature of work in America that I 411 think is going to continue on a faster pace where work becomes more and more individualized. Finally, for the 412 planners in the room, I think Jane Jacobs would turn over in her grave. 413 414 James Lea: I just voted no because I believe it is too restrictive instead of promoting small business it is restricting 415 small business and I think it would be restrictive to a lot of people who are already in business. I don’t think it is fair. 416 417 Pete Hallenbeck: I understand Paul and James’ concerns but also I think we are going from incredibly restrictive to 418 less restrictive because it lets you do a lot more and that is a good step to take. It is important to get your concerns 419 noted but I hope that the whole thing doesn’t get thrown out. James, with regard to the seasonal variance, we have 420 this concept about the art tour and the ability to come through and the farms having tours, it seems interesting to me 421 that we have this concept of this seasonal event that occurs where you have above normal traffic but that we are not 422 able to accommodate a tax business so perhaps the same spirit that allow for the annual art tours that is being 423 allowed could be applied to this. 424 425 426 AGENDA ITEM 10: JOINT PLANNING LAND USE PLAN AND AGREEMENT: To receive educational information on the 427 Joint Planning Land Use Plan and Agreement, a joint planning effort between Orange County 428 and the Towns of Chapel Hill and Carrboro that was adopted in the mid-1980s. The purpose 429 18 D R A F T 9 of this item is to familiarize the Planning Board with the plan and agreement in anticipation of 430 recommendation the Planning Board will be asked to make in regards to Agenda Items 11 and 431 12. 432 Presenter: Perdita Holtz, Special Projects Coordinator 433 434 Perdita Holtz: Reviewed background. 435 436 Paul Guthrie: Given the nature of the Annexation laws in this state, does the annexation plan really have any 437 relevance to the process? 438 439 Craig Benedict: Yes, a joint planning agreement is more effective now under new annexation laws because the 440 ability for a city to annex an area not contiguous is more difficult. This gives them the opportunity to have some 441 control of what may eventually be urban environment when the annexation does allow so there is more consistency. 442 In many cases, where people want to have a future annexation area or control land use and zoning, they ask the 443 state to expand their ETJ. 444 445 Perdita Holtz: Not by people, municipalities. 446 447 Craig Benedict: That still happens across North Carolina. This was a hybrid solution as opposed to an ETJ 448 expansion. 449 450 Perdita Holtz: Water quality issues were also part of it with the University Lake being the sole source of water then. 451 The town has a vested interest in the water quality and wanted to have a say is what is happening. 452 453 Tony Blake: Is Obey Creek still in the county in the southern triangle area? 454 455 Craig Benedict: No, that is part of the town. 456 457 Tony Blake: The state seems to be amenable to developers requesting annexation more than the towns so I 458 wondered what happens when a developer goes in there. 459 460 Paul Guthrie: Actually that property is more difficult to articulate because the Town of Chapel Hill is at the end of the 461 park at Southern Village but I am not sure how far Chapel Hill jurisdiction goes into the woods on the other side 462 where Obey Creek is. Chapel Hill annexed the right of way on Mount Carmel further but a lot of that land between 463 Obie and Mount Carmel is not in Chapel Hill. 464 465 Andrea Rohrbacher: Chapel Hill is going through a restructuring of their boards and commissioners and the current 466 Planning Board allows two ETJ members and there is a proposal to make that one ETJ member because the amount 467 of ETJ is not significant. 468 469 470 AGENDA ITEM 11: JOINT PLANNING LAND USE PLAN AND AGREEMENT AMENDMENT: To receive information on a 471 proposed amendment to the Joint Planning Land Use Plan and Agreement in regards to 472 density in the Rural Buffer land use classification and clarifications on other topics. The item is 473 scheduled for public hearing at the March 27, 2014 Joint Planning Public Hearing and it is 474 expected that the Planning Board will be asked to make a recommendation on the proposed 475 amendment at its May 7, 2014 meeting. 476 Presenter: Michael Harvey, Current Planning Supervisor 477 478 Michael Harvey: Reviewed abstract. 479 480 Tony Blake: If I had a two-acre lot that was not currently subdivided, I could not build a house on it? 481 482 19 D R A F T 10 Michael Harvey: You have a two acre lot that is the minimum lot size currently required by our zoning ordinance that 483 would be considered a conforming lot. If you had a one-acre lot in this portion that existed prior to 1990, it would still 484 be recognized as a legal conforming lot but you can’t take a two-acre lot in this area and subdivide it because the 485 minimum lot size and the density wouldn’t allow for it. 486 487 488 AGENDA ITEM 12: JOINT PLANNING LAND USE PLAN AND AGREEMENT AMENDMENT: To receive information on a 489 proposed amendment to the Joint Planning Land Use Plan and Agreement in regards to 490 allowing appropriate agricultural support enterprises in the Rural Buffer land use classification. 491 The item is scheduled for public hearing at the March 27, 2014 Joint Planning Public Hearing 492 and it is expected that the Planning Board will be asked to make a recommendation on the 493 proposed amendment at its May 7, 2014 meeting. 494 Presenter: Perdita Holtz, Special Projects Coordinator 495 496 Perdita Holtz: Reviewed information. 497 498 Pete Hallenbeck: There is a constraint that these JPA documents have to be cleaned up before the UDO 499 amendments can be adopted 500 501 Perdita Holtz: Yes. If the JPA amendment is not done to allow agricultural support uses in the rural buffer, the 502 BOCC cannot adopt the UDO amendment. 503 504 Tony Blake: On page 215, that sentence that was merged, “which will remain rural, contain low density, residential 505 uses, agricultural uses and agricultural support uses and not require the urban services”, seems that it should read, 506 “low density residential, agricultural and agricultural support uses and not require urban services”. 507 508 Perdita Holtz: We are trying to make minimal changes. 509 510 511 AGENDA ITEM 13: COMMITTEE/ADVISORY BOARD REPORTS: 512 a. Board of Adjustment 513 Board of Adjustment will meet on April 22. 514 b. Orange Unified Transportation 515 Did not meet. 516 517 518 AGENDA ITEM 14: ADJOURNMENT: 519 520 MOTION by Tony Blake to adjourn. Seconded by Herman Staats. 521 VOTE: UNANIMOUS 522 20 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 7, 2014 Action Agenda Item No. 7 SUBJECT: Major Subdivision Preliminary Plat Application – Triple Crown Farms DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENTS: INFORMATION CONTACT: 1. Application Package 2. Property and Vicinity Map Michael D. Harvey, Planner III (919) 245-2597 Patrick Mallett, Planner II (919) 245-2577 3. Staff Generated Correspondence 4. Fiscal Impact Analysis Craig Benedict, Director (919) 245-2575 5. Excerpt of Approved November 6, 2013 Planning Board Meeting Minutes PURPOSE: To review and make a recommendation on a Major Subdivision Preliminary Plat application proposing a 20 lot single-family residential subdivision in accordance with the provisions of Section 2.15 and Article 7 Subdivisions of the Unified Development Ordinance (UDO). BACKGROUND: The basic facts concerning the current application are as follows: Applicant(s): 16 Parkside Lane, LLC 2807 Homestead Road Chapel Hill, NC 27516 Owner: 16 Parkside Lane, LLC 2807 Homestead Road Chapel Hill, NC 27516 Agent(s): Michael A. Neal and Associates, PLLC 105 W Corbin St Hillsborough, NC 27278 Location: Dairyland Road - Please refer to Attachment 2 for a vicinity map of the parcel. Parcel Information: a. PIN: 9850-91-0030 b. Size of parcel: 104.25 acres in area c. Zoning of parcels: Rural Buffer (RB) and University Lake Protected Overlay District (UNIV-PW). d. Township: Chapel Hill 21 e. School District: The project is split between the Chapel Hill/Carrboro County Schools and Orange County Schools. Please refer to Attachment 2 for additional information. f. Future Land Use Map Designation: Rural Buffer g. Growth Management System Designation: Rural h. Joint Land Use Plan Designation: Rural Buffer – University Lake category i. Existing Conditions/Physical Features: Varying topography with heavy vegetation, primarily mixed hardwoods, throughout. There are streams running through the property with varying slopes. Stream corridor width varies from 120 feet to 250 feet. The property is encumbered by floodplain along Dairyland Road. j. Roads: Vehicular access to the parcel is through Dairyland Road, a state-maintained road and Triple Crown Drive, a private road that is in the process of being accepted by NCDOT for addition to the State maintained system. k. Water and Sewer Service: The property is not located within a primary public utility service area according to the Water and Sewer Management Planning Boundary Agreement (WASMPBA). Proposed lots are to be served by individual well and septic systems. Surrounding Land Uses: a. NORTH: Single family residences Zoned RB b. SOUTH: Single-family residences zoned RB c. EAST : Single-family residences zoned RB d. WEST: Single-family residence zoned RB Development Process, Schedule, and Action: The typical cadence for the review of a major subdivision is as follows: • First Action – Planning staff schedules a Neighborhood Information Meeting (NIM). Staff Comment – DONE. This meeting was held on October 3, 2013. • Second Action – The Planning Board reviews and takes action on the Concept Plan application approving either the ‘conventional’ or ‘flexible development’ layout. Staff Comment – DONE. The Concept Plan application package was approved at the November 6, 2013 Planning Board meeting with a ‘flexible development’ layout. Agenda materials for this meeting can be viewed at: http://www.co.orange.nc.us/planning/documents/PBAgendaNov2013-web.pdf. Minutes from this meeting are contained in Attachment 5. • Third Action – Once a concept plan is approved, the Planning Board reviews and makes a recommendation on the approval of the Preliminary Plat for the project. 22 Staff Comment. This review will begin at the May 7, 2014 Planning Board meeting. • Fourth Action – The BOCC reviews and take action on the Preliminary Plat application. • Fifth Action – Once all construction activities have been completed, or appropriate bonds have been approved, staff will sign off and allow the recordation of a Final Plat allowing for the individual lots to be created. Proposal: The petitioner has submitted a Major Subdivision Preliminary Plat application package, consistent with the approved Concept Plan, proposing to develop a Conservation Cluster Flexible Development Subdivision with 20 single-family residential lots at a density of 1 dwelling unit per every 5 acres of land area with approximately 38 acres of dedicated open space. The following modification(s) have been made to the Preliminary Plat application in an effort to address staff, Planning Board, and adjacent property owner comments associated with the approved Concept Plan: i. A Pedestrian Open Space Access (POSA) has been added between lot(s) 17 and 18 with 6,374 sq. ft. of accessible space. ii. The applicant has added a 6’ wide natural walking trail within POSA and Secondary Open Space (south side of stream). iii. Additional information has been provided about the proposed recreation area denoted on the preliminary plat. iv. The applicant indicates they will make a payment in lieu the County addressing recreation requirements for the project in accordance with Section 7.11.3 of the UDO. v. The required stream buffer has been properly denoted on the preliminary plat. vi. Open space has been increased by 2.28 acres. As previously indicated the applicant has decided to submit a conservation cluster flexible development layout with proposed lots adhering to the 1 acre lot size and proposing approximately 36.25 acres of open space. A summary of the proposal is as follows: Subdivision Type Number of Lots Average Lot Size Area in Open Space Open Space Percentage Flexible Development Plan 20 (density is 1 dwelling unit for every 5 acres of property) 3 acres 38.53 acres in open space 37% open space proposed (33% required by the UDO) 23 STAFF COMMENT – SUBDIVISION TYPES: The proposal is in accordance with the anticipated densities for properties located within the Rural Buffer land use category as defined within the adopted Comprehensive Plan, Rural Designated area as denoted on the Growth Management Systems Map, and the requirements of the Joint Planning Land Use Plan. Roads: The applicant is proposing the creation of two private roads serving the proposed lots. Per Section 7.8.5 of the UDO the roads will have to be constructed to NC Department of Transportation (DOT) public road standards. Specifically, the plan calls for: • Two cul-de-sac roadways. The first roadway will provide access to lots 12 through 20. The second roadway will provide access to lots 1 through 9. • Both roads will require stream crossings and the crossings will be engineered to meet NC DOT standards. STAFF COMMENT - ROADS: Staff has determined that the proposed roadway layout is consistent with the requirements of the UDO. The draft Road Maintenance Agreement, contained within Attachment 1, incorrectly indicates the roads will be constructed and maintained to a Class A road standard. This will have to be revised to comply with the provisions of the UDO. In reviewing the matter with Mr. D’Angelo Jones of NC DOT, staff has been informed there are no concerns over the two proposed roadways gaining access from Triple Crown Drive once it is accepted into the state maintained system. It was indicated that the roads could be potentially accepted for state maintenance if they are constructed to DOT standards. This development does not lend itself to a requirement of extending proposed right-of-way to adjacent properties in an effort to promote street connectivity. Adjacent parcels, to the north, south, and west are already developed. Further, requiring extension of proposed right-of- way could impact environmentally sensitive areas. Utilities – Water and Sewer: The applicant is proposing to serve the project with individual wells and septic systems developed on each lot. STAFF COMMENT - UTILITIES: Orange County Environmental Health has approved the Preliminary Plat layout identifying septic and well locations for each proposed lot. Please refer to Attachment 3 for additional information. Stormwater Drainage: Drainage will be engineered according to Best Management Practices (BMP) at the time of permit application for construction. The property is subject to recently adopted stormwater management guidelines limiting total nitrogen runoff of 2.2 pounds per acre annually and 0.82 pounds per acres annually for total phosphorus. STAFF COMMENT - STORMWATER: Orange County Erosion Control has indicated the applicant will need to submit a detailed stormwater management plan for the project for review and approval prior to the commencement of land disturbing activities. The project will also require an Erosion Control permit. Please refer to Attachment 3 for additional information. 24 Open Space: The flexible development plan denotes the maintenance of a 30-foot natural buffer along Dairyland Road and a 100-foot building setback along the perimeter of the project. Open space is identified open space in and around the existing streams. The total area reserved as open space is approximately 1,678,305 square feet of land area or 38.53 acres. The proposed open space is composed of existing, mature, vegetation and trees with an approximate height of between 50 to 70 feet. STAFF COMMENT – OPEN SPACE: Staff has determined the proposed open space and land use buffers meet the requirements of the UDO. Land Use Buffer: The site plan indicates there will be a 30-foot buffer along Dairyland Road comprised of existing, dense, vegetation composed of existing, mature, shrubs and trees with an approximate height of between 50 to 70 feet. STAFF COMMENT – LAND USE BUFFER: Section 6.8.6 (D) of the UDO requires that this project maintain a thirty (30) foot land use buffer separating the project from adjacent roadways. Staff has determined the proposed open space and land use buffers meet the requirements of the UDO. Staff Generated Correspondence: Attachment 3 contains the various comments for this project as of the date of abstract preparation. JPA Review: In accordance with the Joint Planning Area Agreement, this project was sent to the Towns of Chapel Hill and Carrboro for review and comment on September 13, 2013 and March 21, 2014. As of this date staff has not received any comments. Analysis: As required under Section 2.15.2 (E) of the UDO, the Planning Director is required to: ‘prepare and submit a recommendation’ on the concept plan to the Planning Board for consideration. In analyzing this request, the Planning Director offers the following: 1. The Preliminary Plat application has been deemed complete in accordance with the requirements of Section 2.2 and 2.15.2 of the UDO. 2. Staff has determined that the property is of sufficient size to support the proposed subdivision. 3. The proposal appears consistent with the various goals outlined within the Comprehensive Plan concerning development, including: a. 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. b. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. c. 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. 4. Staff has determined that the proposed subdivision is consistent with the provisions and goals of the Joint Planning Land Use Plan and Joint Planning Agreement. 25 FINANCIAL IMPACT: Attachment 4 provides a financial impact for the project, as a whole, on County services. Staff has determined the project would not require augmentation of County budgetary outlays to support services and that anticipated revenues from property taxes should supplement increases in cost. RECOMMENDATION: The Planning Director recommends the Board: 1. Receive the Preliminary Plat application, 2. Deliberate on the proposal, and 3. Recommend approval of the proposal. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Chapel HillTownship Bingham Township 9850629329 9850617854 9850713989 9850727501 9850601669 9850802060 9850609056 9860002037 9759793932 9860018537 9850910030 9759993504 9860014265 9860006709 9759997580 9759997199 975999933297597992899759997215 9759883947 9850607981 9759982935 9769097946 9759897833 9759697456 9759999681 9759799532 9759886702 9759984796 975998698697597839149759880979 97690829459759797084976909304597598829179759995082 9759982519 97599865789759983479 9759988741 97690836959759889418 97599888469759980741975978862597598836919759881603 9850709232 9759794574 9769091146 9759886702 9759987950 9759786760 97599867029759789675 9759882640 9850706156 97690927469769094731 97599963229759897467 97599950179759799052 9759894081 9759991041 97599838299759889841 9860025969 9860113147 98507340399850633083 9850824401 9850932203 9850828371 9850939251 9850939251 9850827174 9850828868 9850819953 9850916993 9850828274 9850912910 9850738227 9850817856 9860020368 9850835145 9850819986 9850823689 9850928914 9850916609 98509246829850829673 9850921206 9850924997 RB R O L LIN G W OOD R DMEADOWLN KEIT H C T BRIGHTS W AY KEIT H L N STA L L I N G S R D TR IP LECROWNDR DA I R Y L A N D R D TWISTEDOAKDR W H I R L AWAYLN ye s no no no no no no no n o University LakeProtectedWatershed 93 94 95 96 MEMORANDUM TO: D. MICHAEL KELLY, PLANNING TECHNICIAN, ORANGE COUNTY CURRENT PLANNING DIVISION FROM: JEFF SCOUTEN, ORANGE COUNTY SOLID WASTE MANAGEMENT SUBJECT: APRIL 17, 2014 DATE: TRIPLE CROWN FARMS – PRELIMINARY PLAT REVIEW COMMENTS – PLANS DATED 9/3/13 AND REVISED THROUGH 3/26/14 I have completed my review of the subject plans and the following comments must be satisfactorily addressed before I can offer my recommendation for approval:  Solid Waste Management Plan – This document must be completed and returned to me for review and approval.  Plan Sheet 3 (Preliminary Plat Plan) – The radii for both of the proposed cul-de-sacs must be a minimum of 33’ to edge of pavement to allow recycling/garbage collection trucks to turn around. The plan shows that the radii are 50.0’ but I believe that is measured to the R-O-W/property lines and not EP. Note that the Fire Marshal may require a different (or larger) radius but the larger between the two of us will prevail. Please show the radii to EP on the plan.  General Comment – Garbage collection for this project will be by private contractor (same as in first phase) and recycling collection will be eligible for Orange County Community Recycling’s Rural (curbside) Route (first phase is currently on this route). The applicant/owner will have to contact Orange County Community Recycling’s supervisor (Kristina Witosky, 919-968-2788 x 224) to request service. Thank you for the opportunity to review this plan and please do not hesitate to contact me with any questions or to discuss this matter further. 97 98 1 Michael Harvey From:Janine Schreyack <janine@manaengineers.com> Sent:Monday, April 28, 2014 10:38 AM To:Patrick R. Mallett Cc:Michael A Neal; Michael Harvey Subject:RE: Triple Crown Comments Mr. Mallett: For the stormwater management plan stabilization under NCG01, there is a 7/14 day stabilization required per NCDENR depending upon the site area description. We have revised Note 2 under the Grading Notes on Sheet 1: Title Sheet to reflect this. Under the Grading comments on the Title Sheet of the plans we mention a pre‐construction meeting. We acknowledge that a stormwater management plan and sediment and erosion control plan will need to be included as well as 401/404 Permits obtained if the threshold is met during the construction design phase. Thanks. Janine Schreyack, PE Michael A. Neal & Associates, PLLC 105 W. Corbin Street, Suite 201 Hillsborough, NC 27278 919‐644‐1277 From: Michael A Neal [mailto:mneal@manaengineers.com] Sent: Monday, April 28, 2014 9:46 AM To: Janine Schreyack Subject: FW: Triple Crown Comments -----Original Message----- From: Patrick R. Mallett [mailto:pmallett@orangecountync.gov] Sent: Monday, April 28, 2014 9:36 AM To: Michael A Neal Cc: Michael Harvey; Steve J Kaltenbach; Wesley Poole Subject: FW: Triple Crown Comments Michael, See the comments below from Erosion Control. Please feel free to coordinate with Wes and Steve as needed desired. Very Respectfully, Patrick R. Mallett, Planner II Orange County Planning & Inspections Department 99 2 Phone: (919) 245‐2577 Fax: (919) 644‐3022 E‐mail: pmallett@orangecountync.gov Orange County Planning Website: http://www.orangecountync.gov Address: 131 W. Margaret Lane, Suite 201 P.O. Box 8181 Hillsborough, NC 27278 Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. From: Steve J Kaltenbach Sent: Monday, April 28, 2014 9:21 AM To: Patrick R. Mallett Cc: Wesley Poole Subject: Triple Crown Comments Patrick, On Sheet 1 Grading: 2. DENR 7‐14 day time frame for stabilization needs to be referenced. 3. Project will require pre ‐ construction conference. The project will need an erosion control and storm water plan. If the threshold of 150 linear feet is reached for the stream crossings they will need to acquire 404/ 401 permits from the ACE & DWR. Steve Kaltenbach Orange County Planning and Inspections Division 919‐245‐2588 100 RESIDENTIAL FISCAL IMPACT TEMPLATE: SERVICE STANDARD METHOD Bureau of Economic & Business Research - University of Florida Modified 10/31/13 - Orange County, NC Planning Department SECTION 1 - PROJECT DATA:ENTER THE FOLLOWING DATA FOR EACH PROJECT: PROJECT:Triple Crown Farms TOWNSHIP:Bingham/Chapel Hill CONSTRUCTION PERIOD:2015 to 2017 Beginning Year:2015 Ending Year:2018 Inflation Rate:2.00% CHARACTERISTICS OF HOUSEHOLDS: Persons/House: ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW.2.47 Children/House: ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW.0.36 % Non-Elderly:70.00% HOME SALES DATA: Average Distribution Number of Sales Price of Units Year Homes ($)by Year 2015 2 600,000 33.33% 2016 2 600,000 33.33% 2017 2 600,000 33.33% SCHOOL DISTRICT DATA: ENTER "1" IN ( ) BESIDE SCHOOL DISTRICT IN WHICH PROJECT IS TO BE LOCATED TO GENERATE STUDENT DISTRIBUTION BY SCHOOL TYPE. School District: School Attendance: Orange County (1) Elementary School 45% Middle School 23% Chapel Hill-Carrboro (0) High School 32% SECTION 2 - LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA BUDGET YEAR:2013-2014 COUNTY POPULATION:(NC Demo)for July 2013 137941 SCHOOL DISTRICT STUDENT POPULATION:7402 COUNTY EMPLOYMENT:POSITIONSPER CAPITA General Services plus Governing, and Management 174 0.0013 Public Safety 265 0.0019 Community & Environment plus Culture & Recreation 96 0.0007 Human Services 290 0.0021 Education (School District)900 0.0065 SCHOOL DISTRICT EMPLOYMENT:POSITIONSPER STUDENT Total 900 0.1216 COUNTY PER CAPITA REVENUES ($):REVENUESPER CAPITA Taxes - Other Than Property 19,829,148 143.75 Intergovernmental 19,614,941 142.20 Charges for Service 18,647,923 135.19 Licenses/Permits, Investments, Miscellaneous + Transfers 2,580,877 18.71 101 COUNTY PER CAPITA EXPENDITURES ($):EXPENDITURESPER CAPITA General Services plus Governing, and Management 38,371,550 278.17 Public Safety26,713,604193.66 Community & Environment plus Culture & Recreation13,736,09099.58 Human Services36,976,478268.06 Education (Recurring Capital)69,657,252504.98 Non-Departmental (i.e. Debt Service and transfers)31,683,072229.69 COUNTY PER EMPLOYEE EXPENDITURE ($):EXPENDITURESPER EMPLOYEE General Services plus Governing, and Management38,371,550220526.15 Public Safety26,713,604100806.05 Community & Environment plus Culture & Recreation13,736,090143084.27 Human Services36,976,478127505.10 Education (School District)69,657,25277396.95 SCHOOL DISTRICT PER STUDENT EXPENDITURES ($):EXPENDITURESPER STUDENT County Government25,060,1543385.59 School District17,308,6492338.37 State and Federal45,528,7176150.87 SCHOOL DISTRICT PER EMPLOYEE EXPENDITURES ($):EXPENDITURESPER EMPLOYEE County Government25,060,15427844.62 School District17,208,64919120.72 State and Federal45,528,71750587.46 TAX DATA:ENTER APPLICABLE ASSESSMENT RATIO AND ELDERLY EXEMPTION: County Tax Rate ($)0.9460 Per $100 Assessed Valuation School District Tax Rate ($)0.0000 Per $100 Assessed Valuation Assessment Ratio100.00 Elderly Exemption0 $11,000 Where Applicable SECTION 3 - DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA YEAR201520162017 HOUSING UNITS246 POPULATION51015 SCHOOL CHILDREN Elementary0.320.650.97 Middle0.170.330.50 High School0.230.460.69 TOTAL112 COUNTY GOVERNMENT ADDITIONAL EMPLOYEES General Government0.010.010.02 Public Safety0.010.020.03 Public Works0.000.010.01 Human Services0.010.020.03 TOTAL0.030.060.09 SCHOOL DISTRICT0.030.060.10 102 ADDITIONAL EMPLOYEES SECTION 4 - PROJECTED FISCAL IMPACT OF PROJECT ON COUNTY GOVERNMENT YEAR201520162017 TAX BASE ($1000)1,2002,4243,672 REVENUES ($) Property Tax 11,35222,93134,742 Other Taxes 7101,4492,216 Intergovernmental 7021,4332,193 Service Charges 6681,3622,084 Miscellaneous 92189288 TOTAL ($)13,52527,36441,524 EXPENDITURES ($) General Government 1,3742,8034,289 Public Safety 9571,9522,986 Public Works 4921,0041,535 Human Services 1,3242,7014,133 Education 4,93210,06215,394 Non-Departmental 1,1352,3153,541 TOTAL ($)10,21420,83631,880 NET FISCAL IMPACT ($)3,3116,5279,644 SECTION 5 - PROJECTED FISCAL IMPACT OF PROJECT ON SCHOOL DISTRICT YEAR 201520162017 REVENUES ($) County 4,93210,06215,394 School District 000 State 4,4299,03413,823 TOTAL ($)9,36119,09629,217 EXPENDITURES ($) County 4,93210,06215,394 School District 000 State 4,4299,03413,823 TOTAL ($)9,36119,09629,217 103 NET FISCAL IMPACT ($)0 0 0 SECTION 6 - SUMMARY OF PROJECTED DEMOGRAPHIC/FISCAL IMPACTS YEAR 201520162017 HOUSING UNITS 2 4 6 POPULATION 5 10 15 SCHOOL CHILDREN Elementary 0 1 1 Middle 0 0 0 High School 0 0 1 TOTAL 1 1 2 COUNTY EMPLOYEES 0.030.060.09 SCHOOL EMPLOYEES 0.030.060.10 TAX BASE ($1000)1,2002,4243,672 COUNTY BUDGET ($) Revenues 13,52527,36441,524 Expenditures 10,21420,83631,880 BALANCE 3,3116,5279,644 SCHOOL DISTRICT BUDGET ($) Revenues 9,36119,09629,217 Expenditures 9,36119,09629,217 BALANCE 0 0 0 COMBINED BUDGETS ($) Revenues 22,88646,46070,741 Expenditures 19,57539,93261,097 BALANCE 3,3116,5279,644 SECTION 7 - SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS SCHOOL DISTRICT DATA: School District: School Attendance: Orange County YES ) Elementary School 45% Middle School 23% Chapel Hill-Carrboro NO ) High School 32% YEAR 201520162017 2018 2019 SCHOOL CHILDREN Elementary 0 1 1 5 5 Middle 0 0 0 3 3 High School 0 0 1 4 4 TOTAL 1 1 2 11 11 SCHOOL CAPACITIES - ALL SCHOOLS CURRENT ENROLLMENT - ALL SCHOOLS Elementary 3,694 Elementary 3,403 Middle 2,166 Middle 1,684 High School 2,439 High School 2,315 TOTAL 8,299 TOTAL 7,402 104 YEAR 2008-092009-102010-112011-122012-13 (Est) PROJECTED ENROLLMENT Elementary 3,3373,3353,435 3,438 3,403 Middle 1,7081,7511,732 1,716 1,684 High School 2,2542,2982,258 2,278 2,315 TOTAL 7,2997,3847,425 7,432 7,402 105 RESIDENTIAL FISCAL IMPACT TEMPLATE: SERVICE STANDARD METHOD Bureau of Economic & Business Research - University of Florida Modified 10/31/13 - Orange County, NC Planning Department SECTION 1 - PROJECT DATA:ENTER THE FOLLOWING DATA FOR EACH PROJECT: PROJECT:Triple Crown Farms TOWNSHIP:Bingham/Chapel Hill CONSTRUCTION PERIOD:2015-2018 Beginning Year:2015 Ending Year:2018 Inflation Rate:2.00% CHARACTERISTICS OF HOUSEHOLDS: Persons/House: ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW.2.56 Children/House: ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW.0.36 % Non-Elderly:70.00% HOME SALES DATA: AverageDistribution Number ofSales Priceof Units YearHomes($)by Year 20152 600,00014.29% 20164600,00028.57% 20174600,00028.57% 20184600,00028.57% SCHOOL DISTRICT DATA: ENTER "1" IN ( ) BESIDE SCHOOL DISTRICT IN WHICH PROJECT IS TO LOCATED TO GENERATE STUDENT DISTRIBUTION BY SCHOOL TYPE. School District: School Attendance: Orange County 0) Elementary School46% Middle School23% Chapel Hill-Carrboro (1) High School31% SECTION 2 - LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA BUDGET YEAR:2013-2014 COUNTY POPULATION:(NC Demo)for July 2007137941 SCHOOL DISTRICT STUDENT POPULATION:11959 COUNTY EMPLOYMENT:POSITIONSPER CAPITA General Services, Governing, and Management1740.0013 Public Safety 2650.0019 Community & Environment + Culture & Recreation960.0007 Human Services2900.0021 Education (School District)1,9000.0138 SCHOOL DISTRICT EMPLOYMENT:POSITIONSPER STUDENT Total 1,9000.1589 COUNTY PER CAPITA REVENUES ($):REVENUESPER CAPITA Taxes - Other Than Property19,829,148143.75 Intergovernmental19,614,941142.20 Charges for Service18,647,923135.19 106 Miscellaneous 2,580,877 18.71 COUNTY PER CAPITA EXPENDITURES ($):EXPENDITUREPER CAPITA General Services, Governing, and Management 38,371,550 278.17 Public Safety 26,173,604 189.74 Community & Environment + Culture & Recreation 13,736,090 99.58 Human Services 36,976,478 268.06 Education (Recurring Capital)69,657,252 504.98 Non-Departmental 31,683,072 229.69 COUNTY PER EMPLOYEE EXPENDITURE ($):EXPENDITUREPER EMPLOYEE General Services, Governing, and Management 38,371,550220526.15 Public Safety 26,173,60498768.32 Community & Environment + Culture & Recreation 13,736,090143084.27 Human Services 36,976,478127505.10 Education (Recurring Capital)69,657,25236661.71 SCHOOL DISTRICT PER STUDENT EXPENDITURES ($):EXPENDITUREPER STUDENT County Government 40,019,0983346.36 School District 21,466,1341794.98 State & Federal 68,445,0505723.31 SCHOOL DISTRICT PER EMPLOYEE EXPENDITURES ($):EXPENDITUREPER EMPLOYEE County Government 40,019,09821062.68 School District 21,466,13411297.97 State 68,445,05036023.71 TAX DATA:ENTER APPLICABLE ASSESSMENT RATIO AND ELDERLY EXEMPTION: County Tax Rate ($)0.8590 Per $100 Assessed Valuation School District Tax Rate ($)0.2084 Per $100 Assessed Valuation Assessment Ratio 100.00 Elderly Exemption 0 $11,000 Where Applicable SECTION 3 - DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA YEAR 2015201620172018 HOUSING UNITS 2 6 10 14 POPULATION 5152636 SCHOOL CHILDREN Elementary 0.330.991.662.32 Middle 0.170.500.831.16 High School 0.220.671.121.56 TOTAL 1 2 4 5 COUNTY GOVERNMENT ADDITIONAL EMPLOYEES General Government 0.010.020.030.05 Public Safety 0.010.030.050.07 Public Works 0.000.010.020.02 includes district tax rate 107 Human Services 0.010.030.050.08 TOTAL 0.030.090.150.21 SCHOOL DISTRICT 0.070.210.350.49 ADDITIONAL EMPLOYEES SECTION 4 - PROJECTED FISCAL IMPACT OF PROJECT ON COUNTY GOVERNMENT YEAR 2015201620172018 TAX BASE ($1000)1200362460968618 REVENUES ($) Property Tax 10308311305236974032 Other Taxes 736225238295360 Intergovernmental 728222837875302 Service Charges 692211836015041 Miscellaneous 96293498698 TOTAL ($)12560380216408490433 EXPENDITURES ($) General Government 14244358740910373 Public Safety 971297350547075 Public Works 510156026523713 Human Services 1372420071409995 Education 4995152842598336377 Non-Departmental 1176359961188565 TOTAL ($)10449319745435576097 NET FISCAL IMPACT ($)21116048972814336 SECTION 5 - PROJECTED FISCAL IMPACT OF PROJECT ON SCHOOL DISTRICT YEAR 2015201620172018 REVENUES ($) County 4995152842598336377 School District 250175521270517961 State 4121126102143630011 TOTAL ($)11616354466012584348 EXPENDITURES ($) County 4995152842598336377 School District 1292395567239412 State 4121126102143630011 108 TOTAL ($)10408318495414375800 NET FISCAL IMPACT ($)1208359859828549 SECTION 6 - SUMMARY OF PROJECTED DEMOGRAPHIC/FISCAL IMPACTS YEAR 2015201620172018 HOUSING UNITS 2 6 10 14 POPULATION 5152636 SCHOOL CHILDREN Elementary 0122 Middle 0011 High School 0112 TOTAL 1245 COUNTY EMPLOYEES 0.030.090.150.21 SCHOOL EMPLOYEES 0.070.210.350.49 TAX BASE ($1000)1200362460968618 COUNTY BUDGET ($) Revenues 12560380216408490433 Expenditures 10449319745435576097 BALANCE 21116048972814336 SCHOOL DISTRICT BUDGET ($) Revenues 11616354466012584348 Expenditures 10408318495414375800 BALANCE 1208359859828549 COMBINED BUDGETS ($) Revenues 2417673468124208174781 Expenditures 2085763822108498151897 BALANCE 332096451571122884 SECTION 7 - SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS SCHOOL DISTRICT DATA: School District: School Attendance: Orange County NO ) Elementary School 46% Middle School 23% Chapel Hill-Carrboro YES ) High School 31% YEAR 201520162018 SCHOOL CHILDREN Elementary 0 1 2 5 5 Middle 0 0 1 3 3 High School 0 1 1 4 4 TOTAL 1 2 4 11 11 SCHOOL CAPACITIES - ALL SCHOOLS CURRENT ENROLLMENT - ALL SCHOOLS Elementary 5244 Elementary 5543 Middle 2840 Middle 2785 109 High School 3875 High School 3796 TOTAL 11959 TOTAL 12124 YEAR 2008200920102,011 2012 PROJECTED ENROLLMENT Elementary 5142527353895,541 5654 Middle 2622268627722,833 2902 High School 3628368737323,789 3878 TOTAL 11392116461189312,163 12434 110 1 2 3 4 MINUTES 5 ORANGE COUNTY PLANNING BOARD 6 NOVEMBER 6, 2013 7 REGULAR MEETING 8 9 10 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township 11 Representative; Maxecine Mitchell, At-Large Bingham Township; Tony Blake, Bingham Township Representative; 12 James Lea, Cedar Grove Township Representative; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, 13 Little River Township Representative; 14 15 16 MEMBERS ABSENT: Johnny Randall, At-Large Chapel Hill Township; Andrea Rohrbacher, At-Large Chapel Hill 17 Township; Stephanie O’Rourke, Eno Township Representative; Herman Staats, At-Large, Cedar Grove Township; 18 Vacant- Hillsborough Township Representative; 19 20 21 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, 22 Special Projects Coordinator; Ashley Moncado, Special Projects Planner; Jennifer Leaf, Planner I; Tina Love, 23 Administrative Assistant II 24 25 26 OTHERS PRESENT: Danny Jones; Michael Neal; Pam Jones; Laney Jones; Harrison Jones; Chris Hagenberger; Dean 27 Shangler; Janine Schreyack; Patti Szogas 28 29 30 Agenda Item 7: Major Subdivision Concept Plan – To review and make a decision on a major subdivision 31 concept plan application (Triple Crown Farms), located off Dairyland Road. 32 Presenter: Jennifer Leaf, Planner I and Michael Harvey, Current Planning Supervisor 33 34 Michael Harvey: Reviewed the synopsis of the cadence with respect to review of a major subdivision on page 22 of 35 the abstract. 36 37 Jennifer Leaf: Reviewed abstract. 38 39 Paul Guthrie: Does the runoff go to Morgan Creek? 40 41 Mike Neal: I believe it does go into Morgan Creek. I will have to check to be sure. 42 43 Paul Guthrie: Is there any determination on how this development will affect the water flow into Morgan Creek or 44 Phil’s Creek and will that have any effect on the supply capacity to University Lake? 45 46 Michael Harvey: It is always good to bring these issues up at concept plan so the applicant and staff can think 47 about it. My honest answer is based on the preliminary stormwater designs for the project, we don’t anticipate any 48 problem with respect to compliance with our code. We do not anticipate a higher increased level of water flow 49 beyond what can be handled as the result of this development. We also don’t anticipate a flow problem as far as 50 water supply issues. The applicant can provide guidance on that when we get to the preliminary plat stage but we 51 don’t see any issues in talking with Orange County Erosion Control Stormwater management. 52 53 Paul Guthrie: I assume the conversations will blossom and will include OWASA. 54 55 Attachment 5 – Excerpt of Approved November 6, 2013 Planning Board Minutes 111 Michael Harvey: Typically, there is not a conversation with OWASA concerning water flow or management; that is 56 obviously the purview of the stormwater manager of Orange County. OWASA is not a required primary partner 57 related to the review of a subdivision project. If you would like for the planning staff to have that conversation with 58 OWASA, I don’t see a reason why we could not do that. 59 60 Paul Guthrie: At some point it might be appropriate. 61 62 Michael Harvey: We have submitted this to our joint planning partners for review as required by the joint planning 63 agreement. We do anticipate comments as we move forward. 64 65 Paul Guthrie: Waste disposal on the property, it is probably too early to know how that is planned to be done but I 66 think that is something we need to continue to give attention to. 67 68 Jennifer Leaf: Each lot will be served individually by onsite septic. It is prohibited in the rural buffer to have 69 connection to water and sewer so they have to be done on site and they have done preliminary soil analysis on 70 some of the lots as indicated by the stippled boxes. 71 72 Paul Guthrie: That doesn’t tell me what system we are talking about. 73 74 Jennifer Leaf: Each individual system will be sized at the time the building permit is….. 75 76 Pete Hallenbeck: Paul, are focusing on whether the soil they found was suitable for conventional or low pressure 77 pump, what type of system. 78 79 Paul Guthrie: I was looking for information to draw from my own experience as to what the likely impact would be. 80 There are a number of ways to do this. 81 82 Jennifer Leaf: As the preliminary plat stage of this project the applicant will apply to Environmental Health for a 83 comprehensive review of soil suitability. At this point they have not been involved in finding or evaluating soil types 84 with respect to the location of septic systems. After the concept plan is approved, that is when Environmental 85 Health will be contacted and the official perk sites will go out and be located. 86 87 Pete Hallenbeck: This will be part of the preliminary site plan you are supplying is to have more details about the 88 soil test for septic, etc. 89 90 Mike Neal: Sure. We have had a soil scientist come out and look at the soil and there is a shading on the drawing 91 that shows what areas perk on the lot. We have these stipple boxes, we knew those were the size for a 92 conventional system. We knew the soils were acceptable for a conventional system so we ensured that each lot 93 had an area for conventional system and a repair area. When the lots are sold, we know they can put in a 94 conventional system and that will work and the homeowner may choose another system. 95 96 Tony Blake: How large is this acreage? 97 98 Jennifer Leaf: 104 acres. 99 100 Tony Blake: I have a recombination map that shows almost 200 acres. Is it the acreage that constitutes a major 101 subdivision as opposed to a minor subdivision? 102 103 Jennifer Leaf: The number of lots. One new lot up to five is a minor and then six and above is a major. 104 105 Tony Blake: I am still confused about this huge map that shows a recombination of four tracts and it is 200 acreage 106 not 100. 107 108 Michael Harvey: All we can tell you is this is a 104 acre tract by the current tax record. 109 110 112 Jennifer Leaf: This does have a label of 104 acres on it, the recombination plat, so the plat that was recorded in 111 2005, they shifted some boundary lines so that is how that lot ended up being 104 acres. 112 113 Tony Blake: Some lots are in the rural buffer and in the Chapel Hill school system and some are in the Orange 114 County School system and it appears as if they have already accounted for the impact fees and I wanted to 115 comment about that. 116 117 Michael Harvey: That is on page 36. There will be six lots potentially served by Orange County and 14 lots served 118 by Chapel Hill Carrboro. 119 120 Tony Blake: Since tracts two through four are owned by the same development company that ultimately these 121 tracts will be developed as well? 122 123 Jennifer Leaf: Those tracts are currently developed. 124 125 Pete Hallenbeck: It seems like it meets the requirements and staff is happy with it. Streams are getting good 126 protection and the soils are good enough for conventional. Is there anyone else from the public to comment on 127 this? 128 129 Christine Hagelburger: I share a 1,400 foot long boundary with the project. Please go to the vicinity map. Pointed 130 to the common line on the map. Four of these lots are going on our line which is a more significant impact to our 131 property than to the other properties and it seems you could draw those lines differently than they are on this plat at 132 this time and have less impact on that perimeter of the property. They are the smallest lots and four of them are on 133 my line. I would like to see it drawn more equitably so I do not get the brunt of the impact. 134 135 Dean Shangler: We own a couple of lots to the south. My concern is at the neighborhood information meeting, I 136 had asked about the boundary line along that creek and understood planning staff to say the creek is entirely 137 contained within the land owned by the developers and if that is correct, that is a concern to me because that is not 138 correct as a matter of deed record. My understanding is the lot line should be the center line in the creek. Would 139 we all agree that is correct? If you look at the site analysis, you could see that the property line is the center line is 140 the creek. 141 142 Pete Hallenbeck: When a plan for this is developed, you would like to make sure there is attention paid to exactly 143 where that boundary is in regard to the creek. 144 145 Dean Shangler: Yes. I would like that to be clear. 146 147 Pete Hallenbeck: Do you know how long it was surveyed with regard to using the creek? 148 149 Dean Shangler: I don’t know. In some of the older deeds, people who laid our subdivisions in some of the deeds 150 they go, it was mentioned. 151 152 Pete Hallenbeck: When the applicant makes that plan that is something they will be aware of. 153 154 Craig Benedict: The plat in your package is an appropriate survey of it and it does show that the boundary line 155 (showed map). The entire stream is not on that property, there is some on the other properties. (Reviewed map). 156 We will clarify that survey. 157 158 Dean Shangler: On our map, we show the stream buffer only on our property and do not show it on the adjacent 159 properties. It looks like the stream is on our property. The stream itself is the boundary line and it was traversed in 160 2006. I have another concern. I know you said there is a standard 100 foot setback, it is a rural and natural 161 preserve around the creek, could we request making the setback 150 feet to enhance the protection? 162 163 Pete Hallenbeck: That would tie into the density and impact of the houses being close. 164 165 113 Patty Zogust: When it was going to be developed before, my understanding it that it was because they were flood 166 plains and now there are not, how does that happen? 167 168 Jennifer Leaf: FEMA does modeling so they have much better technology now to model. As a result of work done 169 in 2007 the majority of the floodplain was removed from this property. 170 171 Patty Zogust: So between then and now, they got better technology? 172 173 Michael Harvey: In 2007, FEMA released new maps which we adopted and that removed a lot of flood plain from 174 this property. 175 176 MOTION by Buddy Hartley to approve the concept plan as submitted. Seconded by Lisa Stuckey. 177 VOTE: UNANIMOUS 178 114 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 7, 2014 Action Agenda Item No. 8 SUBJECT: Joint Planning Land Use Plan and Agreement Amendments – Revisions to Existing Language Ensuring Agricultural Activities are Allowed Throughout the Rural Buffer as well as Density and Minimum Lot Size Clarification(s) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENTS: INFORMATION CONTACT: 1. Joint Public Hearing Materials 2. Excerpt of Draft Minutes from April 2, 2014 Planning Board Meeting Michael D. Harvey, Planner III, (919) 245-2597 Craig Benedict, Director, (919) 245-2592 PURPOSE: To make a recommendation to the BOCC on proposed amendments to the Joint Planning Land Use Plan (Plan) and Joint Planning Agreement (JPA) modifying language to ensure agricultural activities are allowed throughout the Rural Buffer and clarify required densities and minimum lot sizes within, and outside of, the University Lake Watershed Area. BACKGROUND: In the mid-1980s Orange County and the Towns of Chapel Hill and Carrboro adopted a Joint Planning Land Use Plan that provided land use planning for the area of the county commonly referred to as the Rural Buffer. In 1987 the participating entities adopted the JPA establishing parameters for the review and approval of development projects within the area. The full Plan and JPA is available at: http://orangecountync.gov/planning/Documents.asp. A Joint Planning Area Public Hearing was held on March 27, 2014 to review proposed modifications to the Plan and JPA to address issues associated with the use of property for agricultural purposes as well as to clarify allowable density and lot sizes throughout the area covered by the Plan. Attachment 1 is the agenda materials for the joint public hearing and includes the proposed text amendments. This item was previewed at the April 2, 2014 Planning Board meeting to familiarize Planning Board members with the Plan and JPA. As detailed at the April 2, 2014 Planning Board meeting, staff is proposing to amend the Plan and JPA as follows: i. Combine the existing Rural Residential and Agricultural Areas land use categories into 1 category and add language indicating agricultural activities are permitted throughout the area covered by the Plan. ii. Add language establishing a density of 1 dwelling unit for every 2 acres for property located within the Rural Residential land use category. 115 iii. Allow for cluster subdivisions within the Rural Residential category so long as proposed density requirements (i.e. 1 unit for every 2 acres) are adhered to. iv. Change language within the Plan denoting the required minimum lot size for parcels in the University Lake Watershed Area is 2 acres consistent with the adopted JPA and existing County regulations. Draft minutes from this meeting are contained in Attachment 2. 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 FY2013-14 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget has accomplished the work required to process this amendment. RECOMMENDATION: The Planning Director recommends the Board: 1. Deliberate as necessary on the proposed amendments to the Plan and JPA, 2. Make a recommendation to the BOCC on the proposed amendments in time for the June 3, 2014 BOCC meeting. 116 ORANGE COUNTY BOARD OF COMMISSIONERS TOWN OF CHAPEL HILL COUNCIL TOWN OF CARRBORO BOARD OF ALDERMEN JOINT PLANNING AREA (JPA) JOINT PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: March 27, 2014 Action Agenda Item No. C.1 SUBJECT: Text Amendments to the Joint Planning Land Use Plan and Agreement - Revise Existing Language to Ensure Agricultural Activities are Allowed Throughout the Rural Buffer, Clarify Density and Allow Cluster Subdivisions Outside of the University Lake Watershed Area, and Clarify the Minimum Required Lot Size Within the University Lake Watershed Area. DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: (919) Pages of Joint Planning Land Use Plan and Agreement Proposed for Amendment (includes Agreement in its entirety for reference) Michael Harvey, Orange County Planning, (919) 245-2597 Craig Benedict, Orange County Planning, (919) 245-2592 J.B. Culpepper, Town of Chapel Hill Planning, (919) 968-2728 Trish McGuire, Town of Carrboro Planning, (919) 918-7324 PURPOSE: To receive public comment on a proposal to amend the Joint Planning Land Use Plan and Joint Planning Agreement modifying language to ensure agricultural activities are allowed throughout the Rural Buffer and clarify required densities and minimum lot sizes within, and outside of, the University Lake Watershed Area. BACKGROUND: In October 1986 Orange County and the Towns of Chapel Hill and Carrboro adopted a Joint Planning Land Use Plan (hereafter ‘the Plan’) outlining acceptable levels of development within what became the County’s Rural Buffer general use zoning district. In 1987 the participating entities adopted a Joint Planning Agreement (hereafter ‘JPA’) establishing parameters for the review and approval of development projects within the area. The Plan envisions two (2) distinct types of development areas, namely: • Transition Areas: Areas of future urban growth administered by the Towns of Chapel Hill and Carrboro under their individual land use and zoning regulations in accordance with the Plan. The County’s role in the Transition Areas is to review and comment on development proposals, as well as text and atlas amendments, as detailed within the JPA. • Rural Buffer: Areas outside of the aforementioned Transition Areas under County regulatory control intended to remain rural in character where annexation is prohibited 117 and urban services (i.e. water and sanitary sewer) are not a necessary component to support development. As previously indicated, this area corresponds to the Rural Buffer Land Use Classification as detailed within the adopted 2030 Orange County Comprehensive Plan and the Rural Buffer (RB) general use zoning district as defined within Section 3.3 of the Orange County Unified Development Ordinance (UDO). The Town’s also review development proposals and text/atlas amendments occurring within this area in accordance with the JPA. These are broad categories of land uses composed of additional sub-categories of defined development areas allowing for varying intensities of development and land uses. The Rural Buffer area is currently broken down into eight separate land use categories, specifically: a. Resource Protection Areas, b. Public/Private Open Space Areas, c. New Hope Creek Corridor Open Space Areas, d. Agricultural Areas, e. University Lake Watershed Area, f. Rural Residential, g. Retail Trade Areas, and h. Extractive Use. ISSUE(S): In completing a recent assessment of the Plan and JPA, County Planning staff noted the following concern(s): 1. The Agricultural Areas land use category is not depicted on the various maps contained within the Plan and, to staff’s knowledge, no properties were ever designated as being within this category. While staff is unsure why no properties were delineated, recent changes in State regulations as well as planning practice no longer lend credence to the notion that agricultural activities can somehow be limited or restricted with respect to their location in the areas covered by the Plan. 2. The Rural Residential land use category does not specify a density limit. While it does require a minimum lot size of 2 acres, there is no mention of a maximum permissible density within the category. It should be noted staff has always interpreted there is a 1 dwelling unit for every 2 acres of land area density for parcels located within the category. 3. The clustering of lots, through the County’s subdivision process, is not viable in the Rural Residential land use category. The existing process allows for the reduction of required lot sizes, not below 1 acre in area, so long as 33% of a parcel is preserved in open space and established density limits are observed. The technique is utilized throughout the county, including the University Lake Watershed Area, but is not feasible within the Rural Residential land use category due to existing language within the Plan and JPA. While clustering of lots may be allowed within the category, the minimum lot size shall be 2 acres. There little incentive to convince a developer to go through the process of preserving 33% of the property in perpetual open space. Developers will therefore choose to go through the conventional subdivision process where the preservation of 118 open space, exclusive of what is captured within the proposed individual lots, is not a requirement. 4. Language within the Plan indicates the minimum lot size for parcels within the University Lake Watershed Area is 5 acres. The minimum lot size for parcels within the area, as detailed within the JPA and County regulations, is 2 acres with a density limit of 1 dwelling unit for every 5 acres of property. This contradiction needs to be corrected. For those familiar with the Town of Carrboro’s regulations, the Town requires a 5 acre minimum lot size for properties located within its Extraterritorial Jurisdictional boundary (ETJ) for parcels located within its University Lake Watershed district. As indicated above, the County’s regulations require a 2 acre minimum lot size, consistent with language in the JPA, within its jurisdictional portion of the University Lake watershed. Staff is proposing to address these issues as follows: i. Combine the existing Rural Residential and Agricultural Areas land use categories into 1 category and add language indicating agricultural activities are permitted throughout the area covered by the Plan. ii. Add language establishing a density of 1 dwelling unit for every 2 acres for property located within the Rural Residential land use category. iii. Allow for cluster subdivisions within the Rural Residential category so long as proposed density requirements (i.e. 1 unit for every 2 acres) are adhered to. iv. Change language within the Plan denoting the required minimum lot size for parcels in the University Lake Watershed Area is 2 acres consistent with the adopted JPA and existing County regulations. FINANCIAL IMPACT: Costs to hold a public hearing on this item have been paid from FY 2013-14 funds budgeted for this purpose. Necessary work has been accomplished using existing staff. Enactment of the amendments is not expected to have a direct financial impact on the local governments. RECOMMENDATION: The Planning Staffs recommend that the governing boards: 1. Hear public comment on the proposed amendments to the Joint Planning Land Use Plan and Agreement. 2. Close the public hearing. 3. Refer the matter to the local governments for decision in accordance with the following schedule: a. Orange County Orange County Planning Board for recommendation – May 7, 2014 Board of County Commissioners for possible action – June 3, 2014 b. Chapel Hill Chapel Hill Planning Board for recommendation – May 6, 2014 Town Council for possible action – June 9, 2014 c. Carrboro Carrboro Planning Board for recommendation – May 1, 2014 Board of Aldermen for possible action – June 3, 2014 119 Old Landfill Greene Tract: Housing/Recreation/ Open Space/County Use Landfill Neville Tract: Non-landfill County Use Orange County - Chapel Hill - CarrboroJOINT PLANNING AREA - LAND USE PLAN Old Landfill Greene Tract: Housing/Recreation/ Open Space/County Use Landfill Neville Tract: Non-landfill County Use ChapelHill Carrboro Print Date: 3/25/04 Orange CountyPlanning DepartmentInformation Services Division Map DisclaimerThis map was produced using the GIS resources ofthe Orange County Planning Department to provide support for countywide planning. This map iincludes information from multiple sources. Source information used for this map may have been collected at different scales, times or definitions, resulting in inconsistencies among features represented together on this map. Therefore, it should be used as an approximate illustration not to supercede actual data. Refer to the appropriate authorities, official maps and ordinances for complete accuracy.The GIS Division of the Orange County Planning Department assumes no liability for damages caused by inaccuracies in this map or supporting data. The Orange County Planning Department makes no warranty, expressed or implied, as to the accuracy of the information presented, nor does the fact of distribution constitute such a warranty. Orange County Planning and Inspections DepartmentPrinted February, 2014 . 012345Miles Rural Residential Municipal Jurisdiction University Lake Critical Area Planning Jurisdiction Chapel Hill TransitionTransition Area 1, CarrboroTransition Area 2, Carrboro Public/Private Open SpaceResource ProtectionUniversity Lake WatershedParcels Future UNC Development Retail TradeMixed Use, Office Emphasis Disposal UseExtractive Use 120 PAGE 57 – JPA LAND USE PLAN * ORANGE COUNTY LAND USE PLAN CATEGORIES *Amended 2/3/92 (effective 2/24/92) Basic Category Land Use Plan Category DEVELOPED Urban Existing Urban Activity Node Proposed Activity Node TRANSITION Ten-Year Transition Twenty-Year Transition Commercial Transition Activity Node Commercial-Industrial Transition Activity Node COMMUNITY Rural Community Activity Node RURAL Rural Buffer Rural Residential Agricultural-Residential Rural Neighborhood Activity Node Rural Industrial Activity Node CONSERVATION Public Interest District Water Supply Watershed Water Quality Critical Area New Hope Creek Corridor Open Space ***************************************************************************************************************** *JOINT PLANNING AREA LAND USE PLAN CATEGORIES *Amended 4/2/90 2/3/92 (effective 2/24/92) Major Class Subclass Land Use Plan Category TRANSITION Transition Resource Protection Transition I Public-Private Open Space Transition II New Hope Creek Corridor Open Space Suburban Residential Urban Residential Office-Industrial Future UNC Development Retail Trade Light Industrial Disposal Use RURAL Rural Buffer University Lake Watershed CONSERVATION Resource Protection Public-Private Open Space New Hope Creek Corridor Open Space Agricultural Rural Residential and Agricultural 1 1 Staff is recommending combining the terms together and creating a new land use category. 121 Retail Trade Extractive Use PAGE 57-a – JPA LAND USE PLAN 122 PAGE 60 – JPA LAND USE PLAN *Suburban Residential Areas are designated for housing densities ranging from one (1) to five (5) dwelling units per acre. Such areas are located where land is changing from rural to urban, suitable for urban densities, and to be provided with public utilities and services. Housing types range from single-family to duplexes to multi-family dwellings. *However, densities may be lower than one dwelling unit per acre in Suburban Residential Areas. Chapel Hill as part of its Southern Small Area Plan has identified certain areas in the Southern Triangle as being suitable for densities not exceeding one (1) unit per acre for areas immediately east of U.S. 15-501 and densities not exceeding one (1) unit per five (5) acres for areas immediately west of Old Lystra Road. *Amended 2/1/93 Urban Residential Areas are similar to Suburban Residential Area in terms of both housing types and public services availability. However, densities are higher, ranging from six (6) to thirteen (13) dwelling units per acre. Office-Institutional Areas is a category consisting of establishments which offer an array of financial, insurance, real estate, legal, medical, and business services. Such areas generally have public utilities and services available and are located adjacent to heavily traveled streets. Future UNC Development is a category established for lands owned by the University of North Carolina, including Horace Williams Airport and adjacent parcels. Such lands are contemplated for expansion of the UNC campus, provided the Airport is relocated. Retail Trade Areas are limited in Transition Areas, including existing establishments at Starpoint and Calvander. Modest room for expansion was projected in Transition Areas. Light Industrial Areas are singular, consisting of the Chapel Hill Industrial Park on Eubanks Road and the proposed site between Eubanks Road and Homestead Road are included in this category. Disposal Use Areas consist of landfill sites, either existing or future. The existing landfill on Eubanks Road and the proposed site between Eubanks Road and Homestead Road are included in this category. *Rural Buffer and Conservation *Amended 4/2/90 2/3/92 (effective 2/24/92) The basic categories of Rural Buffer and Conservation have been combined in the Joint Planning Area Land Use Plan to form a single land use classification – Rural Buffer. 123 PAGE 60-a – JPA LAND USE PLAN The Rural Buffer is defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural, contain low-density residential uses, and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses as well as agricultural uses The Rural Buffer and consists of the following Joint Planning Area Land Use Plan categories: Rural Residential and Agricultural; Agricultural; 2 Public-Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rural Residential and Agricultural Areas are low-density areas consisting of single-family homes situated on large lots two acres in size or greater with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire subdivision are maintained. 3 In that respect, Rural Residential Areas are identical to the definition of the Rural Buffer. The area includes property supporting farming operations, including forestry activities, established in accordance with the provisions of the North Carolina General Statutes. Agricultural Areas include land areas currently in use for farming and forestry operations and which qualify for, or are listed for, use value taxation purposes.4 Public-Private Open Space Areas include major land areas owned or controlled by public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government lands associated with Jordan Lake, the 100-foot buffer along I-40, and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through research, educational, forest management, and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e., floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Map) which provided the framework within which other land uses are situated. New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and a portion of the Public/Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the Rural Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro. 2 County governments do not have the authority to restrict the location of agricultural activities while municipalities can regulate farms located within their corporate limits. Agricultural activities, as defined within State law, are allowed in all areas subject to the Plan. Staff is clarifying existing language accordingly and eliminating references to ‘Agricultural Areas’ as being a separate Plan land use category and combining it with the Rural Residential Land Use Category. 3 Cluster subdivisions are allowed throughout the County, including the University Lake Watershed Area, with the exception of the Rural Residential area of the Rural Buffer. We are modifying existing language to allow cluster subdivisions in the Rural Buffer, outside of the University Lake Watershed Area, so long as a density limit of 1 dwelling unit per 2 acres is maintained. This proposed amendment does not impact existing density limits in the University Lake Watershed Area, which only allows 1 dwelling unit for every 5 acres of land area. Staff has incorporated comments received by the County Attorney’s office as well as Chapel Hill and Carrboro Planning staff. 4 This information has been captured within the renamed ‘Rural Residential and Agricultural Areas’ land use category. 124 Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer – Blackwood station on N.C. Highway 86. PAGE 60-b – JPA LAND USE PLAN *University Lake Watershed Area *Amended 4/2/90 The University Lake Watershed Area includes all lands which drain into the University Lake reservoir. Density within this area is limited to 1 dwelling unit for every 5 acres with a required minimum lot size of 2 acres. Based on a preferred watershed protection strategy of land use controls as recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low-intensity residential uses are permitted. A minimum lot size of five (5) acres and a maximum density of one (1) unit per five (5) acres is required for any development. 5Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed so long as density limits are adhered to. There is an allowance for as well as the creation of a limited number of 5 lots (5) of two-acre lots at a density of 1 unit per 2 acres for property legally in existence as of October 2, 1989.6 Additional lots shall be allowed consistent with the 1 unit per 5 acre density as detailed herein. 5 The minimum lot size in the Rural Buffer is 2 acres. Density (i.e. how many residences are allowed on a given property) has always been limited to 1 dwelling unit for every 5 acres of property. With this amendment staff is moving density language to the front portion of the description so that it is understood what the limit is. We are also indicating the required minimum lot size for the area is 2 acres to ensure consistency with the Joint Planning Agreement. 6 Staff is adding the specific date a lot has to have existed on to qualify for the 2 acre density allowance. This date is consistent with the existing requirements of Orange County’s Unified Development Ordinance (UDO) specifically Section 4.2.4. 125 PAGE 61 – JPA LAND USE PLAN LOCATION STANDARDS The principal task in formulating a land use plan is determining where specific land uses will be located. The primary elements feeding into this step include the operating principles outlined previously and a defined set of location standards. The location standards proposed for the preparation of the Joint Planning Area Land Use Plan are based upon previously enumerated background elements – natural environment and compatibility with existing land use patterns. On the accompanying page, there elements are listed on the horizontal axis of the Location Standards Matrix. Included in the matrix, but not previously defined are various street classifications listed under Transportation Accessibility. These classifications are defined as follows: STREET CLASSIFICATIONS STREET TYPE FUNCTION SPEED ROW DAILY VOLUME TRIP LENGTH ACCESS TRAVEL LANES INTERSTATE Movement 55 mph 200-300’ >40K >3 mi. Limited 4 ARTERIAL Movement 45 mph 120-150’ 10K-25K >1 mi. Unlimited 4 COLLECTOR Movement/A ccess 35 mph 60-70’ 800-3K <1 mi. Unlimited 2 LOCAL Access 25 mph 50’ 75-200 <1/2 mi. Unlimited 2 Listed on the vertical axis are the general land use planning categories. By locating the desired land plan category on the vertical axis, it is possible to read from left to right and identify by the “X” symbol desired locations for each land use type. CONCEPTS AND STRATEGIES Following the November Public Information Meeting, four alternative strategy maps were prepared with illustrated various development scenarios for the Joint Planning Area. The four maps sought to identify those areas which would be classified as urban, transition, and rural buffer without identifying specific 10 and 20 year growth areas. The four maps are reproduced in sketch form on the following pages. The basis premises governing each alternative are listed below. 126 0 - 7 ½ % 7 ½ - 1 5 % 1 5 % + S L I G H T M O D E R A T E S E V E R E C L E A R F O R E S T W E T L A N D R U R A L S U B U R B A N U R B A N H I G H U R B A N O F F I C E R E T A I L P U B L I C / Q U A S I - P U B L I C I N D U S T R I A L R E C R E A T I O N A L A G R I C U L T U R A L F O R E S T R Y I N T E R S T A T E A R T E R I A L C O L L E C T O R L O C A L RESIDENTAIL Rural and Agricultural xxxxxxxxx xxx xxxx x Suburban xxxxxxxxx xx xx Urban x x x xxxxxxx xxx COMMERCIAL Office xxx x xxxxxx xxx Retail xxxxx xxxxx xxx INDUSTRIAL x x x x xxx RESOURCE-CONSERVATION Recreational xxxxxxxxxxxxxxxx xx Agricultural x x x x x x x x x x x x x x Forestry xxxxxxxx xxxxxxx LAND USE CLASSIFICATION ACCESSIBILITYRESIDENTIALCOMMER.OPEN AREASLOPESOIL STABILITY VEGETATION LOCATION STANDARDS MATRIX STAFF NOTE: We are recommending deleting existing references to the ‘Agricultural’ category and combining them with the existing ‘Residential’ category. Staff has denoted those locations where ‘x’ has been added in red underlined text to preserve the locational criteria for agricultural uses within the ‘Residential’ category. 127 128 PAGE 81 – JPA LAND USE PLAN *THE RURAL BUFFER *Amended 4/2/90 2/3/92 (effective 2/24/92) Eight Seven categories of Rural Buffer land use have been depicted on the Land Use Plan. These categories include Resource 129 PAGE 82 – JPA LAND USE PLAN Protection Areas, Public-Private Open Space Areas, Agricultural Areas 1, Rural Residential and Agricultural Areas, Retail Trade Areas, Extractive Uses, and the overlay category designated University Lake Watershed Area. Resource Protection Areas As was the case with Transition Areas, Resource Protection Areas have been designated on the Land Use Plan to include flood plains, and wetlands along drainage tributaries and steep slope areas (15% or greater). These areas form the basis for a comprehensive parks and open space system which provides the framework within which other land use categories are to function. Parks have been generally located throughout the Joint Planning Area using a neighborhood park one-half mile service radius. The parks, as well as portions of Duke Forest, are linked together by a system of greenways extending along drainageways, and pedestrian routes (sidewalks) along thoroughfares. Public/Private Open Space Areas Major land areas owned or controlled by both public and private interests in the Joint Planning Area have been designated on the Land Use Plan. These areas include the following: 1. Duke Forest; 2. University of North Carolina lands (excluding Horace Williams Airport and adjacent properties); 3. U.S. Government lands associated with conservation areas around the Jordan Lake Reservoir; 4. Orange Water and Sewer Authority lands associated with conservation areas around University Lake and raw water storage in the former quarry site on NC Highway 54: and 5. Camp New Hope conference and recreational center. A Public/Private Open Space Area has also been designated along Interstate 40 to recognize the Major Transportation Corridor (MTC) district established to provide a 100-foot buffer along that route. The Plan recommends utilization of portions of the buffer to link proposed park and greenway areas together. While the status of such holdings as Duke Forest, UNC lands and Camp New Hope is uncertain in the future, their continued existence appears likely during the planning period. This is due to the research, educational, forest management and recreational functions related to such areas. If decisions are made to change the use of such large tracts of land, negotiations should be initiated to secure the use of all or portions of the tracts for recreation and/or open space purposes. Such areas contribute greatly to the natural setting of the Joint Planning Area and every effort should be made to retain such features. New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and a portion of the Public/Private 1 As previously indicated, County governments do not have the authority to restrict the location of agricultural activities. Agricultural activities, as defined within State law, are allowed in all areas that are subject to this Plan. Staff is clarifying existing language accordingly and eliminating references to ‘Agricultural Areas’ as being a separate Plan land use category and combining it with the Rural Residential Land Use Category. 130 PAGE 83 – JPA LAND USE PLAN Open Space Areas which are designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. The New Hope Corridor Open Space Master Plan describes these areas in detail and makes specific recommendations as to how they should be protected or utilized for environmental, educational, and/or recreational purposes. Agricultural Areas 2 During the compilation of background information, a land use survey was conducted of the Joint Planning Area. The survey indicated those land areas currently in use for agricultural purposes. This information was further verified through the Orange County Tax Office to determine those farms which were qualified and listed for use value taxation purposes. The Land Use Plan designated those farms and agricultural uses which are anticipated to continue in the same status during the planning period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low-density nature and will generally consist of farm dwelling and outbuildings. *University Lake Watershed Area *Amended 4/2/90 The University Lake Watershed Area includes all lands which drain into the University Lake reservoir. Density within this area is limited to 1 dwelling unit for every 5 acres with a required minimum lot size of 2 acres. Based on a preferred watershed protection strategy of land use controls as recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low-intensity residential uses are permitted. A minimum lot size of five (5) acres and a maximum density of one (1) unit per five (5) acres is required for any development. 3Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed so long as density limits are adhered to. There is an allowance for as well as the creation of a limited number of 5 lots (5) of two-acre lots at a density of 1 unit per 2 acres for property legally in existence as of October 2, 1989.4 Additional lots shall be allowed consistent with the 1 unit per 5 acre density as detailed herein.5 2 Some of this information has been relocated to the renamed Rural Residential and Agricultural section of the Plan and is denoted in green underlined bold text on the next page. 3 The minimum lot size in the Rural Buffer is 2 acres. Density (i.e. how many residences allowed on a given property) has always been limited to 1 dwelling unit for every 5 acres of property. With this amendment Staff is moving density language to the front portion of the description so that it is understood what the limit it. We are also indicating the required minimum lot size for the area is 2 acres. 4 Staff is adding the specific date a lot has to have existed on to qualify for the 2 acre density allowance. 5 Staff has ensured the language describing the University Lake Watershed Area is consistent throughout the Plan. 131 *Rural Residential and Agricultural *Amended 4/2/90 The Rural Residential category is a low-density area consisting of single-family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. two acres in size or greater. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as long as density limits for the entire subdivision are maintained 6. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low-density residential uses and agricultural uses; and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low -density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low- density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low-density residential and agricultural uses are anticipated. For this reason, residential Development will continue to rely on wells and septic tanks for water supply and sewage disposal. The remaining area designated for Rural Residential and Agricultural development is the Southern Triangle area in the extreme southeastern portion of the County. The area drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is also characterized by environmental constraints such as steep slopes, flood plains and soils with poor stability, so low-density development is projected. There are approximately 9,260 acres of land designated for Rural Residential and Agricultural purposes in the Land Use Plan. If developed at an average density of one dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census figure for population per household (2.6), the estimated population would be 10,231. 6 As previously indicated we are modifying existing language to ensure required minimum lot sizes and density limits are observed. As previously indicated staff has incorporated comments from the County Attorney’s office and the Towns of Carrboro and Chapel Hill into this section. 132 1 September 22, 1987 Amended April 2, 1990 Amended September 30, 1998 Amended February 2, 1999 Amended August 20, 2002 Amended June 24, 2003 JOINT PLANNING AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of November, 1987, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, the TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations duly created and existing under the laws of North Carolina. WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE, LINKAGE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County-Chapel Hill-Carrboro Joint Planning Area, as defined herein. Section 1.2 Definitions A. Joint Planning Area. The area within the Rural Buffer and Transition Areas designated on the Joint Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Chapel Hill and Carrboro. 133 2 B. Joint Planning Area Land Use Plan. The Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan dated April, 1986, adopted by Orange County August 19, 1986 (revised October 13, 1986), amended May 4, 1987 and as it may be amended from time to time. C. Joint Planning Area Land Use Map. The Orange County-Chapel Hill-Carrboro Joint Planning Area Land Use Map, adopted August 19, 1986 (revised October 13, 1986) and as it may be amended from time to time. D. Carrboro Joint Development Review Area (CJDA). The area lying generally west of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. E. Chapel Hill Joint Development Review Area (CHJDA). The area lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this 134 3 agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I-40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Agricultural 1, Public/Private Open Space, Resource Conservation, Extractive/Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are maintained.2 The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low-density residential uses and agricultural uses and not require urban services (public utilities and other town services). H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services) are now provided to this area or are projected to be provided to this area. The portion of the Transition Area located in the CJDA shall be 1 We are combining the existing ‘Agricultural’ land use category with the ‘Rural Residential’ category as part of amendments to the Plan The agreement is beiong updated accordingly. 135 4 further divided into Transition Area I and Transition Area II on the Joint Planning Area Land Use Map. The Joint Planning Area Land Use Plan shall provide that, within Transition Area II, no tract may, after the effective date of this Agreement, be approved for development at a density that exceeds one (1) housing unit per gross acre until at least 75% of the gross land area of Transition Area I consists of any combination of: 1. lots containing one acre or less; 2. residential developments approved for development at a density of at least one unit per acre; 3. streets, roads and utility easements located outside of lots containing one acre or less; 4. lots or tracts that are used for commercial, industrial, institutional or governmental purposes; 5. tracts that are owned by the University of North Carolina or other non-profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro’s Northern Study Area. I. Development Permit. Major subdivision preliminary plat approval and any discretionary permit (whether called conditional or special use permit or some other term) issued by the Orange County Board of Commissioners, the Chapel Hill Town Council, or the Carrboro Board of Aldermen. 2 Incorporating modifications within the Plan into the Agreement 136 5 J. Involuntary Annexation. Annexation authorized or undertaken pursuant to G.S. 16OA-31, Article 4A, Part 3. K. Voluntary Annexation. Annexation authorized or undertaken pursuant to G.S. Chapter 16OA-31 or G.S. Chapter 160A, Article 4A, Part 4. Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective on the effective date of an Orange County ordinance (1) adopting this Agreement (after it has been approved by Chapel Hill and Carrboro); (2) amending Orange County's Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement; (3) amending the Joint Planning Area Land Use Plan to reflect the existence of Transition Area I and Transition Area II; and (4) amending the Joint Planning Area Land Use Map to show the location of Transition Area I and Transition Area II as indicated on Exhibit A. Any previously adopted Agreements shall become null and void upon this date. The Appendix to this Agreement shall become effective upon the execution of this Agreement. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notices to the other parties within thirty (30) days of the public hearing. The withdrawal shall be effective 137 6 one (1) year following receipt by the other party of the written notice. Withdrawal of one party shall not invalidate the Agreement with respect to remaining parties. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner and without unnecessary delay, all steps (including but not limited to preparation and adoption of Zoning maps, appointment of Transition Area representatives to Planning Boards and Boards of Adjustment, and all required land use ordinance amendments) required to cause this Agreement to become effective, and will notify the other parties when those steps have been taken. Orange County will notify the Towns by resolution when this Agreement becomes effective. This Agreement may become effective as to two parties pending completion of steps necessary to make effective a 3-party Agreement. Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Water and Sewer Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is Exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. ARTICLE 2. ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2.1 Standards Within the Transition Area 138 7 A. Chapel Hill shall prepare a Zoning Map for that portion of the Transition area that lies within the CHJDA and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection C of this Section, shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond to the text of the Chapel Hill Land Development Ordinance and which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CHJDA. B. Carrboro shall prepare a Zoning Map for that portion of the Transition area that lies within the CJDA and shall recommend its adoption by Orange County, which upon approval and adoption as prescribed in Subsection C of this Section, shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CJDA. Transition Area II shall have density limited pursuant to Section 1.2H. C. Upon completion of the Zoning Maps referred to in Section 2.lA and B above, Orange County shall amend its Zoning Atlas in accordance with said Maps. Orange County shall also adopt by reference (i) the Chapel Hill Land Development Ordinance and make its provisions applicable to that portion of the Transition area located within the CHJDA, and (ii) the Carrboro Land Use Ordinance and makes its provisions applicable to that portion of the Transition area located within the CJDA. 139 8 Section 2.2 Standards Within the Rural Buffer Within the Rural Buffer, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 2.6 of this Agreement. Section 2.3 Permit Administration Within the Transition Area A. Except as otherwise provided in Sections 2.5 and 2.6, the Town of Chapel Hill and the Town of Carrboro, respectively, shall perform all functions related to the administration of the ordinances referenced in Section 2.1C. Subject to the remainder of this Section, Chapel Hill and Carrboro shall administer the referenced ordinances just as if the land were located within the respective Towns' planning jurisdictions. Administration shall include, but not be limited to, the following: 1. Receipt and processing of applications; 2. Issuance of any required permits and certifications; 3. Review and approval of required site/construction plans; 4. Conducting necessary site/building inspections; 5. Enforcement of all standards; 6. Any other acts or things necessary to administer the Ordinances; and shall be carried out in a manner so as to insure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by the respective towns. The towns may also charge fees for processing applications, conducting site/construction plan reviews, and carrying out site/building inspections in accordance with fee schedules applicable within their respective planning jurisdictions. 140 9 B. Whenever Chapel Hill or Carrboro receives an application for a development permit as defined in this Agreement relating to land within their respective portions of the Transition area, it shall forward copies of the application to Orange County for review. The towns shall establish timetables to insure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County's regularly scheduled meeting dates. To the extent possible, the timetables of the County and the towns shall provide for simultaneous review to expedite application processing; provided, however, the towns may not vote to issue or deny a permit until they have received the recommendations of Orange County or until the expiration of forty-five (45) days after orange County has received the application, whichever comes first. C. From time to time a development moratorium is appropriate in order to address exigent circumstances or the results of a study of density designations, plan classifications or other matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning Area Land Use Map or any of the land use ordinances of the Town of Chapel Hill or the Town of Carrboro. To preserve the status quo pending the consideration of a land use ordinance amendment designed to address exigent circumstances or the results of a study, the Town of Carrboro or the Town of Chapel Hill may propose the adoption of a development moratorium pending consideration of the ordinance amendment. With respect to the CJDA, any proposed moratorium shall not be effective until adopted by the Town of Carrboro and approved by Orange County following a public hearing conducted by the Town of Carrboro. With respect to the CHJDA, any proposed moratorium shall not be effective until adopted by the Town of Chapel Hill and approved by Orange County 141 10 following a public hearing conducted by the Town of Chapel Hill. Any such adopted and approved moratorium shall initially be no more than six months in duration and may be extended one time for no more than six months for the reasons and following the procedures prescribed here. Section 2.4 Permit Administration in the Rural Buffer A. Except as otherwise provided in Section 2.6 and the remaining provisions of this Section, Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2 .2 in the same manner as if the land were located outside the Joint Planning Area. B. Whenever Orange County receives an application for a development permit relating to land located within the CHJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the application to Chapel Hill for review. Similarly, whenever Orange County receives an application for a development permit relating to land located within the CJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the application to Carrboro for review. The County shall establish timetables to insure that the towns have an opportunity to make recommendations regarding such applications within the framework of their respective regularly scheduled meeting dates. To the extent possible, the timetables of the respective towns and the County shall provide for simultaneous review to expedite application processing; provided, however, Orange County may not vote to issue or deny a permit until it has received the recommendations of the respective Towns or until the expiration of forty-five (45) days after the respective towns have received the application, whichever occurs first. 142 11 C. From time to time a development moratorium is appropriate in order to address exigent circumstances or the results of a study of density designations, plan classifications or other matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning Area Land Use Map or any of the land use ordinances of Orange County. To preserve the status quo pending the consideration of a land use ordinance amendment designed to address exigent circumstances or the results of a study, Orange County may propose the adoption of a development moratorium pending consideration of the ordinance amendment. Any proposed moratorium shall not be effective until adopted by Orange County following a public hearing conducted by Orange County. Any such adopted moratorium shall initially be no more than six months in duration and may be extended one time for no more than six months for the reasons and following the procedures prescribed here. Section 2.5 Enforcement Remedies. A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original permit. B. Within those portions of the Joint Planning Area where the ordinances specified in Section 2.lC are administered by the respective towns, enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be initiated by the respective towns. The towns shall have the duty to defend at their own expense and shall indemnify and hold harmless, to the extent they can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boards and staffs, in their official and individual capacities, from any and all claims, actions, proceedings, 143 12 expenses, damages or liabilities, including attorneys' fees and courts costs, resulting from the towns' administration of the ordinances specified in Sections 2.1(C). C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and/or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. B. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinances that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. 144 13 C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period may be reduced to not less than ten (10) days. Unless Orange County files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment by the respective town shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2.1C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the town may continue to enforce within its portion of the Transition area the same standards that it enforces within its own planning jurisdiction. In the event of objection by Orange County as provided herein, no such amendment shall be effective within the Joint Planning Area until it is adopted by Orange County. D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to the Transition areas (i.e., those ordinances adopted by reference pursuant to Section 2.lC). Amendments to the ordinances referenced in Section 2.lC by Orange 145 14 County may be accomplished only pursuant to subsection C above (including adoption by Orange County following a request to do so by the applicable town). Any petitions or request to amend these ordinances received by the County or initiated by the County shall be referred to the respective Towns. E. With respect to property that is located within the CHJDA Transition area, changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Chapel Hill following a joint public hearing by the two governing bodies. With respect to property that is located within the CJDA Transition area, changes in zoning classifications, including the creation of or changes to the ‘floating’ conditional use districts designed to implement the recommendations of the ‘Facilitated Small Area Plan for Carrboro’s Northern Study Area’ (Village Mixed Use conditional use districts or Office/Assembly conditional use districts) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies. Requests for rezonings within the Transition areas that are filed with the County shall be referred to the respective towns to initiate the amendment process. F. Proposed amendments to the text of this Agreement shall not become effective until approved by the towns and an Orange County ordinance adopting the amendment is adopted by Orange County. 146 15 Section 2.7 Representation of Transition Area Residents Chapel Hill shall revise its Land Development Ordinance and Carrboro shall revise its Land Use Ordinance to provide that at least one resident of each town's respective Transition area shall be appointed to each town's respective planning board and board of adjustment, in the same manner as representation of extraterritorial planning area residents is provided for in each Town's ordinance. ARTICLE 3. LIMITATIONS ON ANNEXATIONS Section 3.1 No Annexation Into Rural Buffer Except pursuant to the written consent of all parties to this Agreement, neither Chapel Hill nor Carrboro may annex into the Rural Buffer (whether by voluntary or involuntary annexation or any other method authorized by law) nor shall any party seek special legislation accomplishing such annexation. Section 3.2 No Annexation by One Town Into Another Town's Transition Area Except pursuant to the written consent of the other town, neither Chapel Hill nor Carrboro may annex into the other's Transition area (whether voluntary or involuntary annexation) or any other method authorized by law, nor shall either Town seek special legislation accomplishing such annexation. 147 16 - This page intentionally left blank - 148 D R A F T 1 1 2 3 4 5 6 MINUTES 7 ORANGE COUNTY PLANNING BOARD 8 APRIL 2, 2014 9 REGULAR MEETING 10 11 12 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Herman Staats, At-Large, Cedar 13 Grove Township; Paul Guthrie, At-Large Chapel Hill Township; Tony Blake, Bingham Township Representative; 14 Andrea Rohrbacher, At-Large Chapel Hill Township; James Lea, Cedar Grove Township Representative 15 16 17 MEMBERS ABSENT: Lisa Stuckey, Chapel Hill Township Representative; Buddy Hartley, Little River Township 18 Representative; Maxecine Mitchell, At-Large Bingham Township; Vacant- Eno Township Representative; Vacant- 19 Hillsborough Township Representative; Vacant- At-Large; 20 21 22 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, 23 Special Projects Coordinator; Ashley Moncado, Special Projects Planner; Tina Love, Administrative Assistant II 24 25 26 OTHERS PRESENT: Brent Niemann, Louis Iannone, Beth Trohes, Rich Kirkland 27 28 AGENDA ITEM 11: JOINT PLANNING LAND USE PLAN AND AGREEMENT AMENDMENT: To receive information on a 29 proposed amendment to the Joint Planning Land Use Plan and Agreement in regards to 30 density in the Rural Buffer land use classification and clarifications on other topics. The item is 31 scheduled for public hearing at the March 27, 2014 Joint Planning Public Hearing and it is 32 expected that the Planning Board will be asked to make a recommendation on the proposed 33 amendment at its May 7, 2014 meeting. 34 Presenter: Michael Harvey, Current Planning Supervisor 35 36 Michael Harvey: Reviewed abstract. 37 38 Tony Blake: If I had a two-acre lot that was not currently subdivided, I could not build a house on it? 39 40 Michael Harvey: You have a two acre lot that is the minimum lot size currently required by our zoning ordinance that 41 would be considered a conforming lot. If you had a one-acre lot in this portion that existed prior to 1990, it would still 42 be recognized as a legal conforming lot but you can’t take a two-acre lot in this area and subdivide it because the 43 minimum lot size and the density wouldn’t allow for it. 44 45 Attachment 2 – Excerpt of Draft April 2, 2014 Planning Board Minutes 149 150 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 7, 2014 Action Agenda Item No. 9 SUBJECT: Joint Planning Land Use Plan and Agreement Amendments – Agricultural Support Enterprises Within the Rural Buffer Land Use Classification DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENTS: INFORMATION CONTACT: 1. Joint Public Hearing Materials Informational Attachments: 2. Map Showing Properties in the Joint Planning Area Currently Enrolled in the Present-Use Value Tax Program 3. Chart of Basic Zoning Program Informational Attachment Under Separate Cover: 4. Proposed Comprehensive Plan and Unified Development Ordinance Amendments (this information is included in Planning Board agenda item #10) Perdita Holtz, Planner III, (919) 245-2578 Craig Benedict, Director, (919) 245-2592 PURPOSE: To make a recommendation to the BOCC on proposed amendments to the Joint Planning Land Use Plan and Agreement to allow for the possibility of locating appropriate Agricultural Support Enterprises within the Rural Buffer land use classification. BACKGROUND: In the mid-1980s Orange County and the Towns of Chapel Hill and Carrboro adopted a Joint Planning Land Use Plan and accompanying Agreement that provided land use planning for the area of the county commonly referred to as the Rural Buffer. Other geographic areas, such as Transition Areas, are also covered in the plan. The full plan and agreement is available at: http://orangecountync.gov/planning/Documents.asp. A Joint Planning Area (JPA) Public Hearing was held on March 27, 2014 to review proposed modifications to the Land Use Plan and Agreement in order to allow appropriate agricultural support enterprise uses in the Rural Buffer land use classification. Attachment 1 is the agenda materials for the joint public hearing and includes the proposed text amendments. This item was previewed at the April 2, 2014 Planning Board meeting to familiarize Planning Board members with the Joint Planning Land Use Plan and Agreement and to review this item. The Planning Board is familiar with the Unified Development Ordinance (UDO) amendments regarding Agricultural Support Enterprises (which were part of the February 24, 2014 quarterly public hearing agenda: http://orangecountync.gov/occlerks/140224.pdf). The amendments to 151 the joint planning area documents are necessary before the UDO amendments pertaining to the Rural Buffer can be adopted. At the March 27, 2014 joint public hearing, a Carrboro Board of Aldermen member requested information on the location of farms in the Rural Buffer. Attachment 2 is a map depicting parcels in the Present-Use Value taxation program. Of the 37,248 acres of land in the Rural Buffer, 10,172 acres (345 parcels, comprising ~ 27% of the area) are in the use value program. It should be noted that some of these parcels are likely being managed for timber resources, which is considered a farming activity under State statutes. Commissioner Alice Gordon also requested at the JPA public hearing that the UDO text amendments be included with the materials the Planning Boards/Elected Officials review when deciding upon the Joint Planning Land Use Plan and Agreement amendments. Attachments 3 and 4 are included for this purpose. 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 FY2013-14 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget has accomplished the work required to process this amendment. RECOMMENDATION: The Planning Director recommends the Board: 1. Deliberate as necessary on the proposed amendments to the Joint Planning Land Use Plan and Agreement, 2. Make a recommendation to the BOCC on the proposed amendments in time for the June 3, 2014 BOCC meeting. 152 ORANGE COUNTY BOARD OF COMMISSIONERS TOWN OF CHAPEL HILL COUNCIL TOWN OF CARRBORO BOARD OF ALDERMEN JOINT PLANNING AREA (JPA) JOINT PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: March 27, 2014 Action Agenda Item No. C.2 SUBJECT: Text Amendments to the Joint Planning Land Use Plan and Agreement – Revise Existing Language to Allow for the Possibility of Locating Appropriate Agricultural Support Enterprises in the Rural Buffer Land Use Classification. DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: (919) Pages of Joint Planning Land Use Plan and Agreement Proposed for Amendment Perdita Holtz, Orange County Planning, 245- 2578 Craig Benedict, Orange County Planning, 245- 2592 J.B. Culpepper, Town of Chapel Hill Planning, 968-2728 Trish McGuire, Town of Carrboro Planning, 918-7324 PURPOSE: To receive public comment on a proposal to amend the Joint Planning Land Use Plan and Agreement to allow for the possibility of locating appropriate agricultural support enterprises in the Rural Buffer land use classification. Please note: The Orange County Unified Development Ordinance (UDO) text amendments that would implement the concept of allowing appropriate agricultural support enterprises in the Rural Buffer are not the focus of this public hearing. The UDO text amendments were heard at the County’s February 24, 2014 quarterly public hearing and the process prescribed in the Joint Planning Agreement for UDO text amendments affecting the Rural Buffer was followed. The UDO amendments cannot be adopted by Orange County unless the Joint Planning Land Use Plan and Agreement are amended to allow these types of uses in the Rural Buffer. The draft UDO text amendments are part of the quarterly public hearing materials available at: http://orangecountync.gov/occlerks/140224.pdf. BACKGROUND: In the mid-1980s Orange County and the Towns of Chapel Hill and Carrboro adopted a Joint Planning Land Use Plan and accompanying Agreement that provided land use planning for the area of the county commonly referred to as the Rural Buffer. Other geographic areas, such as Transition Areas, are also covered in the plan. The full plan and agreement is available at: http://orangecountync.gov/planning/Documents.asp. 32 153 Orange County has been working on a zoning program known as “Agricultural Support Enterprises” (ASE) intermittently since 2001. The concept and necessary UDO text amendments were discussed at the November 21, 2013 Assembly of Governments (AOG) meeting (agenda materials are at: http://orangecountync.gov/occlerks/131121.pdf) and, as a result of discussion at the AOG meeting, a determination was made that text changes to the Joint Planning Land Use Plan and Agreement would be necessary in order for the County to adopt Unified Development Ordinance text changes that would allow appropriate agricultural support uses in the Rural Buffer. The purpose of the ASE program is to augment allowable agricultural-related uses farmers throughout Orange County’s planning jurisdiction, which includes the Rural Buffer, can pursue in order to generate additional farm-related income and to potentially allow farming support/related uses in rural areas. The program seeks to minimize any adverse impacts on adjoining property by applying special standards for specific uses and the development standards in the County’s UDO required for all projects. One of the main ideas behind the program is that by better enabling farmers to stay in the business of farming, the rural, farming heritage of Orange County will continue to be preserved and pressure to sell farmland for conversion to residential uses may be lessened. Completion of the ASE project is identified in the County’s adopted Agricultural Development and Farmland Protection Plan (available at: http://orangecountync.gov/ercd/documents/farmland%20protection/Orange%20County%20ADF PP%20Adopted%2011-17-09.pdf) as an important step in continuing the economic viability of farming in Orange County. As noted above, the actual UDO text amendments that would allow appropriate agricultural support uses in the Rural Buffer are not the topic of this public hearing. However, it is pertinent to note that the UDO text amendments propose very few additional uses as “permitted outright” in the Rural Buffer and these uses are of a small scale, low impact nature and must conform to use-specific standards in addition to the development standards Orange County requires for all development projects. Larger ASE uses or those with a greater possibility of adverse impacts would be permitted only through a Special Use Permit or Conditional Zoning process. These processes allow consideration of uses on a site-specific, case-by-case basis after a public hearing conducted by the County with the Board of County Commissioners making the final approval or denial decision. These County processes are similar to the conditional use permit processes the Towns of Chapel Hill and Carrboro use when reviewing development applications. As per the Joint Planning Agreement, all projects within the Rural Buffer are sent to Town planning staffs for review and comment. The Rural Buffer is divided into either Carrboro or Chapel Hill review areas with a small geographic area being reviewed by the staffs of both Towns (see map at: http://orangecountync.gov/planning/documents/JPAReviewAreas.pdf). The pages in the attachment contain the necessary amendments to the Joint Planning Land Use Plan and Agreement to allow for the possibility of locating appropriate ASE uses in the Rural Buffer. The ASE-related changes are shown in blue text. In instances where there is overlap between the ASE-related changes and the changes proposed in a separate item on the Joint Public Hearing agenda, the changes proposed in the separate item are shown in red text. This differentiation was done in order to be clearer in sentences of the plan/agreement where overlap occurs. 33 154 FINANCIAL IMPACT: Costs to hold a public hearing on this item have been paid from FY 2013-14 funds budgeted for this purpose. Necessary work has been accomplished using existing staff. Enactment of the amendments is not expected to have a direct financial impact on the local governments. RECOMMENDATION: The Planning Staffs recommend that the governing boards: 1. Hear public comment on the proposed amendments to the Joint Planning Land Use Plan and Agreement. 2. Close the public hearing. 3. Refer the matter to the local governments for decision in accordance with the following schedule: a. Orange County Orange County Planning Board for recommendation – May 7, 2014 Board of County Commissioners for possible action – June 3, 2014 b. Chapel Hill Chapel Hill Planning Board for recommendation – May 6, 2014 Town Council for possible action – June 9, 2014 c. Carrboro Carrboro Planning Board for recommendation – May 1, 2014 Board of Aldermen for possible action – June 3, 2014 34 155 PAGE 60-a – JPA LAND USE PLAN The Rural Buffer is defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural, contain low-density residential uses, and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses, as well as agricultural uses, and agricultural support uses 1. The Rural Buffer and consists of the following Joint Planning Area Land Use Plan categories: Rural Residential and Agricultural; Agricultural; Public-Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rural Residential and Agricultural Areas are low-density areas consisting of single-family homes situated on large lots two acres in size or greater with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire subdivision are maintained. In that respect, Rural Residential Areas are identical to the definition of the Rural Buffer. The area includes property supporting farming operations, including forestry activities, established in accordance with the provisions of the North Carolina General Statutes. Agricultural Areas include land areas currently in use for farming and forestry operations and which qualify for, or are listed for, use value taxation purposes. Public-Private Open Space Areas include major land areas owned or controlled by public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government lands associated with Jordan Lake, the 100-foot buffer along I-40, and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through research, educational, forest management, and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e., floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Map) which provided the framework within which other land uses are situated. New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and a portion of the Public/Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the Rural Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro. Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer – Blackwood station on N.C. Highway 86. 1 Red text is related to a separate amendment that is proposing to amend the same paragraph. The amendment necessary for Agricultural Support uses is shown in blue text. 35 156 PAGE 83 – JPA LAND USE PLAN *Rural Residential and Agricultural 1 *Amended 4/2/90 The Rural Residential category is a low-density area consisting of single-family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. two acres in 1 Red text is related to a separate amendment that is proposing to amend the same section. The amendment necessary for Agricultural Support uses is shown in blue text. Text above the section proposed for amendment has been removed. 36 157 PAGE 84 – JPA LAND USE PLAN size or greater. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as long as density limits for the entire subdivision are maintained. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low- density residential uses, and agricultural uses, and agricultural support uses; and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low-density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low- density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low-density residential and agricultural uses are anticipated. For this reason, residential Development will continue to rely on wells and septic tanks for water supply and sewage disposal. The remaining area designated for Rural Residential and Agricultural development is the Southern Triangle area in the extreme southeastern portion of the County. The area drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is also characterized by environmental constraints such as steep slopes, flood plains and soils with poor stability, so low-density development is projected. There are approximately 9,260 acres of land designated for Rural Residential and Agricultural purposes in the Land Use Plan. If developed at an average density of one dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census figure for population per household (2.6), the estimated population would be 10,231. Text below the section proposed for amendment has been removed. 37 158 agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. A. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I-40 and shown as such on Exhibit A. B. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Agricultural, Public/Private Open Space, Resource Conservation, Extractive/Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are maintained. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low-density residential uses, and agricultural uses, and agricultural support uses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the County’s Unified Development ordinance as allowable in the RB (Rural Buffer) general use zoning district or those permitted through the ASE-CZ conditional zoning district. C. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in Red text is related to a separate amendment that is proposing to amend the same section. The amendment necessary for Agricultural Support uses is shown in blue text. 38 159 Town ofChapel Hill Town ofCarrboro ?ª !"_$ ?o ?o Ir KÊ Ir KÊ AË Chatham Durham Parcels in Use Tax Value Rural Buffer (FutureLand Use Category) Usevalue > 0 City Limits ETJ ·Orange County Planning and InspectionsBrian Carson (4/17/2014) 00.5Miles 1 in = 1.33 miles 160 Agricultural Support Enterprises Basic Zoning Program (highlighting added on 4/22/14 for JPA Information Item) Notes: 1. Some uses listed below already exist within the UDO; of these, some are proposed for changes (predominantly addition of use- specific standards) while others are not proposed for changes (see footnote below for key). This table is intended to show the full range of uses that have been considered “Agricultural Support Enterprises” through the years and are subject to zoning regulations. Uses that are highlighted in yellow are either currently allowed in the Rural Buffer or are proposed to be added as potentially allowable uses in the Rural Buffer through one of the review/approval methods (primarily through the conditional zoning process as an ASE-CZ). 2. All uses are subject to the development standards contained in Article 6 of the UDO (Landscaping, Buffers, Parking, Loading, Signage, Lighting, etc.) and any other applicable section. 3. All uses are subject to any applicable Environmental Health (well, septic, food service, etc.) and Building Code regulations. These types of regulations are adopted at the State level and the local government cannot change them. 4. There may be other State or Federal requirements applicable to specific uses (e.g., meat processing for public consumption). DEAPR or Cooperative Extension staff can assist people with understanding other types of requirements. 5. A pre-development meeting is available free of charge to all persons proposing projects. All relevant County staff members (from all involved departments, depending on project proposed) are in attendance at the meeting to assist potential applicants in understanding all requirements for the potential project and the relevant processes. Prospective applicants are highly encouraged to take advantage of this service. Type of Use 1 General Use Zoning Districts in which Allowed 2 Conditional Zoning Districts in which Allowed Standards Section for Specific Use Agricultural Processing Facility AS, I1, I2, I3 ASE-CZ, MPD-CZ 5.13.2 1 What is it? Check the definition section of the amendment packet to see how it’s defined. 2 Check Article 3 of UDO for explanation of zoning districts: http://orangecountync.gov/planning/Ordinances.asp *: Use type currently exists in the UDO and is not proposed for modification. ^: Use type currently exists in the UDO and is proposed for modification. 1 161 Type of Use 1 General Use Zoning Districts in which Allowed 2 Conditional Zoning Districts in which Allowed Standards Section for Specific Use Agricultural Processing Facility, Community RB, AR, LC1, NC2, AS, I1 ASE-CZ, CUD 5.13.3 Agricultural Services Uses* AS ASE-CZ, MPD-CZ, CUD None Botanical Gardens/Arboretum* All districts except EC5 and EI ASE-CZ None Cold Storage Facility AS (w/ SUP-A), I1, I2, I3 ASE-CZ, MPD-CZ, CUD 5.13.4 Community Farmers’ Market RB, AR, LC1, NC2, CC3, GC4, AS ASE-CZ, MPD-CZ, CUD 5.13.5 Composting Operation, no grinding AS (w/ SUP-A) ASE-CZ, CUD 5.13.6 Composting Operation, with grinding AS (w/ SUP-A) ASE-CZ 5.13.6 Cooperative Farm Stand RB, AR, LC1, NC2, AS ASE-CZ, MPD-CZ, CUD 5.13.7 Country Store LC1, NC2, AS ASE-CZ, MPD-CZ, CUD 5.6.15 Equestrian Center AR (w/ SUP-A) ASE-CZ, CUD 5.13.8 Farm Equipment Rental, Sales and Service^ GC4, EC5, AS, I2, I3 ASE-CZ 5.13.9 Farm Supply Store LC1, NC2, CC3, GC4, AS ASE-CZ, MPD-CZ, CUD 5.13.10 Feed Mill^ AS, I2, I3 ASE-CZ, MPD-CZ 5.13.11 Garden Center* LC1, NC2, CC3, GC4, AS ASE-CZ, MPD-CZ, CUD 5.6.3 Greenhouses with On Premises Sales^ AR, NC2, CC3, GC4, EC5, AS ASE-CZ, MPD-CZ, CUD 5.13.12 Guest Ranch none ASE-CZ 5.7.6 Kennels, Class I* RB, AR, R1, CC3, GC4, AS ASE-CZ None Kennels, Class II* w/ SUP-B only: RB, AR, R1, CC3, GC4, AS ASE-CZ 5.6.5 Meat Processing Facility, Community RB, AR ASE-CZ, CUD 5.13.13 Meat Processing Facility, Regional AS (w/ SUP-A) ASE-CZ 5.13.14 Metal Fabrication Shop Not explicit (would fall under one of the Industrial classifications) ASE-CZ 5.14.1 Microbrewery, production only I1, I2, I3 w/ SUP-B only: RB, AR ASE-CZ, MPD-CZ, CUD 5.14.2 Microbrewery with Minor Events w/ SUP-B only: RB, AR, I1, I2, I3 ASE-CZ, MPD-CZ, CUD 5.6.10 2 162 Type of Use 1 General Use Zoning Districts in which Allowed 2 Conditional Zoning Districts in which Allowed Standards Section for Specific Use Microbrewery with Major Events none ASE-CZ, MPD-CZ 5.6.11 Non-Farm Use of Farm Equipment RB, AR, AS ASE-CZ, CUD 5.13.15 Rural Guest Establishment: Bed & Breakfast* RB, AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.7 Rural Guest Establishment: Bed & Breakfast Inn* w/ SUP-B only: AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.8 Rural Guest Establishment: Country Inn* w/ SUP-A only: AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.9 Rural Heritage Museum w/ SUP-B only: RB, AR, LC1, NC2, AS ASE-CZ, CUD 5.17.7 Rural Special Events RB, AR, AS ASE-CZ, MPD-CZ, CUD 5.17.8 Sawmill^ AS ASE-CZ 5.14.3 Stables, Commercial^ w/ SUP-B only: RB, AR, R1, CC3, GC4, AS ASE-CZ, MPD-CZ 5.13.16 Stockyards / Livestock Markets^ AS ASE-CZ 5.13.17 Studio (Art)* LC1, NC2, CC3, GC4, OI, I1, I2, I3 MPD-CZ, REDA-CZ-1, CUD None Taxidermy LC1, NC2, CC3, GC4, I1 w/ SUP-B only: AR ASE-CZ, CUD 5.6.12 Veterinary Clinic LC1, NC2, CC3, GC4, EC5, OI, AS, I1, I2, I3 w/ SUP-B only: AR ASE-CZ, MPD-CZ, CUD 5.16.1 Veterinary Clinic, mobile LC1, NC2, CC3, GC4, EC5, OI, AS, I1, I2, I3 w/ SUP-B only: AR, R1 ASE-CZ, MPD-CZ, CUD 5.16.2 Veterinary Hospitals^ CC3, GC4, EC5, OI, AS, I2, I3 ASE-CZ, MPD-CZ, CUD 5.16.3 Winery, production only I1, I2, I3 w/ SUP-B only: RB, AR ASE-CZ, MPD-CZ, CUD 5.14.4 Winery with Minor Events w/ SUP-B only: RB, AR, I1, I2, I3 ASE-CZ, MPD-CZ, CUD 5.6.13 Winery with Major Events none ASE-CZ, MPD-CZ 5.6.14 3 163 Bona Fide Farming Activities Bona fide farming activities are exempt from local zoning regulations, but may be subject to environmental health and building codes and regulations in the UDO that are not considered “zoning”. Examples of bona fide farming activities are: • Production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock (including horses), and poultry. Includes the use of greenhouses. • Planting and production of trees and timber • Aquaculture • Marketing and selling of agricultural products produced on-site (e.g., can have a farm stand or store building on the bona fide farm and farm products can include raw and value added products). • On-site agritourism • Storage and use of products and materials for on-site agricultural purposes • Packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural products produced on-site • Production of nonfarm product that the Department of Agriculture and Consumer Services recognizes as a “Goodness Grows in North Carolina” product, if produced on a farm subject to a conservation agreement in an enhanced voluntary agriculture district • Sawmill for timber produced on-site • Farm employee housing • Teaching classes related to agriculture on the farm • Winery (using predominantly grapes produced on-site) • Microbrewery (using predominantly crops produced on-site) 4 164 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 7, 2014 Action Agenda Item No. 10 SUBJECT: Comprehensive Plan and Unified Development Ordinance Text Amendments for Agricultural Support Enterprises Within the Rural Buffer Land Use Classification DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan/UDO Amendment Outline Form (UDO/Zoning 2013-10) 2. Proposed UDO and Comprehensive Plan Text Amendments 3. February 24, 2014 Quarterly Public Hearing Minutes Perdita Holtz, 919-245-2578 Craig Benedict, 919-245-2592 PURPOSE: To make a recommendation to the BOCC on Planning Director initiated text amendments to the Comprehensive Plan and Unified Development Ordinance to implement a program commonly referred to as “Agricultural Support Enterprises” within the Rural Buffer land use classification. BACKGROUND: The form in Attachment 1 contains additional information and analysis regarding these County initiated amendments that will implement a program that has been in development since 2001. The proposed amendments are contained in Attachment 2. The amendments necessary to apply the Agricultural Support Enterprises (ASE) program to the Rural Buffer land use classification are relatively few and are depicted in orange text in Attachment 2. The Planning Board made a recommendation to approve the ASE-related text amendments, as they pertain to areas outside of the Rural Buffer land use classification, at its April 2, 2014. The various color coding still exists in the materials in Attachment 2 because the BOCC is not scheduled to considered the text amendment until its May 20, 2014 meeting, so the text is still unadopted. Advisory Board Review The “Amendment Outline Form” (Attachment 1) for these amendments was approved by the BOCC at its September 5, 2013 regular meeting. The amendments have been reviewed three times by the Agricultural Preservation Board and twice by the Planning Board’s Ordinance Review Committee (ORC) (see Section C.2.b in Attachment 1 for more information) and comments made by these boards have been incorporated into the proposed amendments. Both advisory boards are supportive of moving forward with the ASE program. 165 At the BOCC work session on May 14, 2013, the BOCC asked staff to get input from the advisory boards, especially the Agricultural Preservation Board, on whether removing the more intensive uses from the new conditional zoning district (ASE-CZ) would be acceptable. Both the Agricultural Preservation Board and the ORC are supportive of allowing applicants to apply for as many agriculturally-related uses as possible since the new ASE-CZ enables projects to be considered on a site-specific, case-by-case basis. There is acknowledgement that a project that may not be suitable on a 3-acre parcel immediately adjacent to a residential subdivision may be an appropriate use on a 20-acre parcel with limited neighbors. The new conditional zoning district would give the Board of Commissioners discretion in deciding these types of situations. It should be noted that some uses, as depicted in the Table of Permitted Uses for Conditional Zoning Districts, cannot be approved in the Rural Buffer land use classification. Information about the ASE program, including the public information meeting, was posted on the Planning Department’s website (http://orangecountync.gov/planning/AgriculturalSupportEnterprises.asp) on January 24, 2014. Public Hearing The proposed UDO amendments were heard at the February 24, 2014 joint public hearing. Attachment 3 is the minutes of the public hearing. Procedural Information In accordance with Section 2.8.8 of the Unified Development Ordinance, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board’s recommendation. Additional oral evidence may be considered by the Planning Board only if it is for the purpose of presenting information also submitted in writing. The public hearing is held open to a date certain for the purpose of the BOCC receiving the Planning Board’s recommendation and any submitted written comments. Planning Director’s Recommendation The Planning Director recommends approval of the proposed Comprehensive Plan and UDO amendments on the basis that these amendments further the following Goals and Objectives of the Comprehensive Plan: Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and regional agriculture. Objective AG-3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. FINANCIAL IMPACT: See Section C.3 in Attachment 1. 166 RECOMMENDATION: The Planning Director recommends the Planning Board: 1. Deliberate as necessary on the proposed UDO amendments; 2. Consider the Planning Director’s recommendation to approve the Comprehensive Plan and UDO amendments contained in Attachment 2; and, 3. Make a recommendation to the BOCC on the proposed UDO text amendments in time for the September 4, 2014 BOCC meeting. 167 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2013-10 Agricultural Support Enterprises Within the Rural Buffer Land Use Classification A. AMENDMENT TYPE Map Amendments Land Use Element Map: From: To: Zoning Map: From: To: Other: Text Amendments Comprehensive Plan Text: Section(s): Appendix F: Land Use and Zoning Matrix UDO Text: UDO General Text Changes UDO Development Standards UDO Development Approval Processes Section(s): Sections 3.8, 5.2, 5.13, 5.14, and 5.17 (it should be noted that most of these sections are not currently adopted but are part of the proposed “Agricultural Support Enterprises Outside of the Rural Buffer” text amendments, which is a separate text amendment) Other: B. RATIONALE 1. Purpose/Mission To complete the Agricultural Support Enterprises (ASE) project that has been in development since 2001. The purpose of ASE is to enable bona fide farmers to Attachment 1 168 2 engage in uses related to agriculture on their farmland in order to generate additional farm income with the intent of better enabling farmers to keep farming, thereby preserving an important part of Orange County’s heritage. Use-specific and general development standards are also proposed in order to minimize any adverse impacts on adjoining and nearby properties. The ASE program within the Rural Buffer land use classification will potentially allow for development of more agriculturally-related uses in the geographic area of the county designated “Rural Buffer” by utilizing a new conditional zoning district (ASE-CZ) and by expanding agriculturally-related uses in the Rural Buffer general use zoning district. 2. Analysis Readers are encouraged to also view the companion Amendment Outline Form for “Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification” to gain more information about the entire ASE program (available as part of item #8 on the April 2, 2014 Planning Board agenda: http://orangecountync.gov/planning/documents/4.2.14PBPacketWeb.pdf). Because a text amendment to the Joint Planning Area Land Use Plan and Agreement is necessary in order to apply the ASE program to the Rural Buffer, this Comprehensive Plan/UDO text amendment is being proposed separately from the companion text amendment which, if adopted, would apply to the County’s planning jurisdiction that is not designated “Rural Buffer.” The required amendments to the Joint Planning Area documents were heard at the March 27, 2014 joint planning public hearing and processing the proposed amendments to the joint planning documents is underway and expected to be complete in June 2014. This topic, as it pertains to the Rural Buffer, was discussed at the November 21, 2013 Assembly of Government meeting. Meeting materials are available at: http://orangecountync.gov/occlerks/131121.pdf As required under Section 2.8.5 of the UDO, the Planning Director is required to: ‘cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners’. The following information is offered: The Rural Buffer is a geographic area of the county, under Orange County’s planning jurisdiction, that is also part of the Joint Planning Area (JPA) Agreement which is an agreement between Orange County and the Towns of Chapel Hill and Carrboro (see http://www.orangecountync.gov/planning/Documents.asp for links to JPA documents and maps). Agricultural uses are located in the Rural Buffer and “Agriculture,” as a type of use, was “folded” in to the Rural Buffer land use category in the JPA Land Use Plan when the plan was developed/adopted. The Rural Buffer is “further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres.” The anticipated changes to the JPA documents will make it clear that agriculture and appropriate uses that support agriculture are allowable, or potentially allowable (in the case of utilizing a conditional zoning district), uses in the Rural Buffer. The County UDO amendments for “ASE within the Rural Buffer” cannot be considered for adoption until 169 3 after the amendments to the Joint Planning Area Land Use Plan and Agreement are adopted by all three local governing bodies. The analysis that follows for the proposed Comprehensive Plan and UDO amendments presume that necessary changes will be made to the JPA documents before adoption consideration of the Comprehensive Plan and UDO amendments. It is noteworthy that the existing Rural Buffer (RB) zoning district includes the following Purpose statement: The purpose of the Rural Buffer (RB) District is to provide locations for rural residential developments and agricultural, silvicultural or horticultural uses which serve to buffer or separate more intensively planned and/or developed portions of Orange County. Development within the Rural Buffer (RB) District is at very low densities (the minimum lot size per dwelling unit is two acres) and relies on individual wells and ground absorption systems for domestic water supply and sewage disposal, respectively. The RB purpose statement shows that agricultural uses were envisioned to be allowed/included in the Rural Buffer. The policy decision to be made is whether appropriate uses that support agriculture, thereby enhancing the continued viability of agriculture, should also be allowed in the Rural Buffer. The proposed text amendment would add the following agriculturally-related uses/activities as “permitted by right” in the RB general use zoning district, subject to the use-specific standards proposed in Article 5 and the general development standards in Article 6: • Agricultural Processing Facility, Community • Community Farmers’ Market • Cooperative Farm Stand • Community Meat Processing Facility • Non-Farm Use of Farm Equipment • Microbrewery with Minor Events (requires Class B SUP) The proposed text amendment also would allow application of a new conditional zoning district, ASE-CZ in the Rural Buffer. Conditional zoning districts allow applicants to apply for a rezoning that can be considered on a case-by-case basis, taking into account the suitability of a particular parcel of land for a proposed use(s). Mutually agreed upon development or operational conditions can also be applied to the rezoning action. Conditional districts are a regulatory tool that help local governments allow appropriate uses on a site-specific basis while also allowing the imposition of conditions that may help ease nearby residents’ concerns about a particular use. Because of the uniqueness of the Rural Buffer, some of the uses applicants may • Winery with Minor Events (requires Class B SUP) • Microbrewery, production only (requires Class B SUP) • Winery, production only (requires Class B SUP) • Rural Heritage Museum (requires Class B SUP) • Rural Special Events 170 4 apply for as an ASE-CZ rezoning request will not be available for properties located in the Rural Buffer land use classification. The following uses have been deemed too intensive to be considered for the Rural Buffer: • Composting operation, with grinding • Stockyards / Livestock Markets • Meat Processing Facility, Regional • Sawmills Use-specific development standards for most of the new uses are proposed in Article 5. The standards are intended to mitigate any adverse impacts a proposed use may cause to adjacent properties. Additionally, the development standards applicable to all development in Orange County (Article 6 of the UDO) will apply to the uses included in this amendment; examples of the standards in Article 6 are: land use buffers, parking, signage, stream buffers, and performance standards such as noise. The Land Use and Zoning Matrix in the Comprehensive Plan is proposed to be amended to show that the ASE-CZ zoning district could be applied in the Rural Buffer land use classification. If the amendments are adopted, a manual for the layperson to use will be developed by DEAPR and Planning staff. Completion of the ASE zoning program is included in the County’s adopted (2009) Agricultural Development and Farmland Protection Plan available at: http://www.orangecountync.gov/ercd/documents/farmland%20protection/Orange%20 County%20ADFPP%20Adopted%2011-17-09.pdf 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and regional agriculture. Objective AG-3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. 4. New Statutes and Rules N/A 171 5 C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed September 5, 2013 b. Quarterly Public Hearing February 24, 2014 c. BOCC Updates/Checkpoints May 14, 2013 - work session September 9, 2013 - special work session November 21, 2013 - Assembly of Governments meeting (issues related to Rural Buffer) February 4, 2014 – approve legal ad for quarterly public hearing March 27, 2014 – joint public hearing for JPA-related amendments June 3, 2014 – decision on JPA-related amendments September 4, 2014 - receive Planning Board recommendation on UDO amendment package within the Rural Buffer d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements and additional outreach as described below. a. Planning Board Review: October 2, 2013 – ORC Meeting November 6, 2013 – ORC Meeting (continued) - Comments were incorporated into the proposed amendments and the Planning Board stated it was ready for the proposal to be heard at a public hearing. The ORC agrees that removing the most intensive uses in the ASE-CZ zoning district from consideration in the Rural Buffer is likely the most feasible way to proceed. May 7, 2014 – for recommendation b. Advisory Boards: Agricultural Preservation Board (APB) reviewed and discussed the entire ASE program at its October 16, November 20, 2013, and January 15, 2014 meetings The consensus of the APB is that the Board is supportive of moving forward with the proposed ASE program and would like farmers to have the ability to apply for as many types of agriculturally-related uses as possible. The Board agrees that removing the most intensive uses in the ASE-CZ zoning district from 172 6 consideration in the Rural Buffer is likely the most feasible way to proceed. c. Local Government Review: November 21, 2013 AOG Meeting to Present to Elected Officials August 13, 2013 - Planning staff informally notified Chapel Hill and Carrboro Planning Directors of work in progress and anticipated AOG item Proposed amendment package formally sent to JPA partners on January 17, 2014. To date, no comments have been received. December 5, 2013 - Planning staff notified Chapel Hill and Carrboro Planning Directors of the need for a joint planning public hearing on March 27, 2014 to consider text amendments to the JPA plan and agreement to allow ASE uses in the Rural Buffer d. Notice Requirements Item was included in the legal advertisement for the February quarterly public hearing which was published in The Herald Sun and the News of Orange on February 12 and 19, 2014. e. Outreach: 3. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement will be paid from FY2013-14 Departmental funds budgeted for this purpose. Existing County staff included in Departmental staffing budgets will accomplish the work required to process this amendment. General Public: The Public Information Meeting scheduled for February 13, 2014 had to be rescheduled to February 17 due to inclement weather. The meeting was advertised in the legal ad, press release, and posted flyers in government buildings/facilities and businesses in the county. The press release was published in the print version of the News of Orange on January 29, 2014. Small Area Plan Workgroup: Other: Planning staff has worked with DEAPR staff and the Agricultural Preservation Board to ensure the “agricultural community” is informed of the amendments. 173 7 D. AMENDMENT IMPLICATIONS These amendments would allow for appropriate agriculturally-related uses either by right, with a special use permit, or via a conditional zoning district (ASE-CZ) in the Rural Buffer land use classification, subject to use-specific standards (Article 5) and the general development standards (Article 6) that apply to all development. Please also see section B.2 above for additional information. E. SPECIFIC AMENDMENT LANGUAGE See Attachment 2. Primary Staff Contact: Perdita Holtz Planning & Inspections 919-245-2578 pholtz@orangecountync.gov 174 Amendment Package for “Agricultural Support Enterprises” Within the Rural Buffer Notes The pages that follow contain the amendments necessary to the Unified Development Ordinance (UDO) text and Comprehensive Plan text to adopt changes related to “Agricultural Support Enterprises” (ASE). The changes are consistent with the general program that has been in development since 2001. The purpose of the ASE project is to augment allowable uses farmers throughout Orange County’s planning jurisdiction can pursue in order to generate additional farm-related income and to potentially allow farming support/related uses in rural areas while minimizing any adverse impacts on adjoining property by applying special standards for specific uses and the development requirements in the County’s UDO for all projects. By better enabling farmers to stay in the business of farming, the rural, farming heritage of Orange County will continue to be preserved and pressure to sell farmland for residential development may be lessened. Because applying the ASE concept in the Rural Buffer requires text amendments to the Joint Planning Area Land Use Plan and Agreement, the program has been divided into 2 separate text amendments: 1) to consider/adopt the Comprehensive Plan and UDO amendments necessary to apply the ASE program outside of the Rural Buffer (these proposed amendments are scheduled for adoption consideration by the Board of County Commissioners on May 20, 2014), and 2) to consider/adopt the Comprehensive Plan and UDO amendments necessary to apply the ASE program within the Rural Buffer land use classification (these proposed amendments were heard at the County’s February 24, 2014 quarterly public hearing but since amendments to the Joint Planning Land Use Plan and Agreement are necessary before the UDO and Comprehensive Plan amendments can be adopted, they are not scheduled for adoption consideration until September 8, 2014). Proposed additions/changes to existing text are depicted in red; text in red is unchanged from text presented at the February 24, 2014 quarterly public hearing. Text in blue was presented at the quarterly public hearing as proposed changes to the originally proposed language. Text in green are changes proposed after the quarterly public hearing to correct errors, clarify intent (in response to questions asked at the public hearing), or to address issues of legal sufficiency raised by the County Attorney’s office at the public hearing. The text in red, blue, and green is applicable to the County’s ASE program outside of the Rural Buffer. Text shown in orange are the amendments necessary to apply the ASE program within the Rural Buffer. Some of the proposed changes utilize footnotes to provide a brief explanation as to rationale. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://orangecountync.gov/planning/Ordinances.asp Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Some text on the following pages has a large “X” through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it 04/22/14 175 is on the same page as text proposed for amendment. Text with a large “X” is not proposed for deletion; proposed deletions are shown in strikethrough text. 04/22/14 176 Article 2: Procedures Section 2.4: Zoning Compliance Permits not be issued until the aforementioned permit has been issued by the responsible board in accordance with the review and approval procedures detailed herein. (B) Issuance of a Special Use or Conditional Use Permit does not negate the requirement for a Zoning Compliance Permit. (C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and complete construction or change the use/occupancy of a lot or building should regulations change subsequent to issuance of said permit. (D) Application for Zoning Compliance Permit shall specify the method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity. Open burning of trees, limbs, stumps, and/or construction debris associated with the permitted activity is expressly prohibited. (E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been issued shall be used or occupied until the Building Inspector has, after final inspection, issued a Certificate of Occupancy indicating compliance with all the provisions of this Ordinance. (F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been issued shall be used or occupied until the Orange County Health Department has approved the water supply and sewage disposal systems serving that use. (G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water supply and sewage disposal system by the Health Department shall in no case be construed as waiving any provision of this Ordinance. (H) Zoning Compliance Permits shall become null and void after 18 months from the date of issuance if a building permit is not applied for or land disturbing activities are not commenced in accordance with the provisions of this Ordinance. 2.4.3 Plot Plan Specifications (A) For development types requiring a plot plan rather than a site plan, the plot plan shall contain the following: (1) A scaled drawing denoting the length of all property lines, (2) A north arrow denoting the orientation of the lot and all proposed structures, (3) The location of all existing structures, driveways, and areas of impervious surface1, (4) The location of the proposed structure(s) and distances from all property lines, (5) The location of the proposed driveway, (6) The location of the proposed septic system and proposed drain lines on the property, (7) The location of the proposed well, and (8) The location of any protected features on the property (i.e. stream buffers, flood plain, wetlands, etc)., and (9) The location and dimensions of proposed parking areas. 1 Staff recommends adding this language to the requirements for a plot plan. This section seems to have been written only with new construction in mind. However, denoting the location of these items has always been asked by staff or else impervious surface could not be calculated for a lot. Additionally, some structure types are required by the building code to be a certain distance from other structures so without the information on the plot plan, it would be impossible for staff to determine compliance. Orange County, North Carolina – Unified Development Ordinance Page 2-8 177 Article 2: Procedures Section 2.5: Site Plan Review (B) Base plot plans are available from the Planning Department and can be printed for a fee in accordance with the established fee schedule. Applicants may also use other sources of base plot plans provided the requirements of this Section are met. (1) Planning staff is available to discuss compliance matters but shall not complete plot plans. SECTION 2.5: SITE PLAN REVIEW 2.5.1 Review and Approval Flow Chart The review and approval process for a Site Plan is shown in the procedure’s flowchart. 2.5.2 Application Requirements (A) Each site plan shall be prepared and sealed by an appropriately licensed professional with the following exceptions. The following are exempt from this requirement but must provide a plot plan pursuant to Section 2.4.3.2: (1) Proposed additions to existing permitted non-residential structures where the use of the structure and lot has not changed and the floor area is not increased more than 25%. (2) Accessory structures to existing permitted non-residential structures where vehicular use area is not extended and changes to existing grade are not more than one foot in elevation. (3) Large day care homes, as defined in Article 10, Definitions. (4) Rural Guest Establishments with three guestrooms or less - Bed & Breakfasts. (5) Cooperative Farm Stand. (6) Rural Special Events. (7) Non-Farm Use of Farm Equipment. (B) The applicant shall submit to the Planning and Inspections Department: (1) Three copies of the site plan prepared in accordance with the provisions detailed in this Section. Additional copies may be required depending on the nature and location of the proposed development);. (2) The completed site plan application form; (3) A copy of the Orange County tax map with the subject property identified; 2 Staff recommends this additional language to provide more clarity that a plot plan is (and has always been) required for the uses in this list. Planning Director Review and Final Decision: Approval, Approval with Conditions, or Denial [1] [1] If Plan is approved with conditions, no zoning permit authorization or building permit issued until conditions satisfied Completed Application Distributed to Applicable Agencies, Development Advisory Committee, and Other Departments for Review Determination of Completeness By Planning Director Site Plan Application Submittal Orange County, North Carolina – Unified Development Ordinance Page 2-9 178 Article 3: Base Zoning Districts Section 3.8: Conditional Districts (D) A rezoning request to a Conditional District is a voluntary procedure that is intended for firm development proposals. 3.8.3 Districts Established (A) Conditional Zoning Districts (1) Conditional Zoning (CZ) Districts are floating zoning districts, permitted within most land use designations allowing for the development of specific land uses, in accordance with established standards. (2) A CZ requires the approval of a rezoning by the Board of County Commissioners, approval of a site plan or Master Plan, and may include agreed-upon conditions of development. (3) The following CZ districts are hereby established: (a) Agricultural Support Enterprises (ASE-CZ) (b) Mobile Home Park (MHP-CZ) (c) Master Plan Development (MPD-CZ) (d) NC Highway 57 Speedway Area Rural Economic Development Area (REDA-CZ-1) (4) Land uses permitted within CZ districts shall be those uses detailed within Section 5.2 of this Ordinance. (5) Development standards for each district are located in Article 6 of this Ordinance. (B) Conditional Use Districts (1) Conditional Use Districts allow for the development of a specific land use, or land uses, listed on the Table of Permitted Uses in Section 5.2 of this Ordinance, even if such use is not listed as a permitted use or special use under the current zoning designation of the subject property. (2) Conditional Use Districts shall conform to all applicable development regulations, including uses, for the corresponding general use zoning district, as well as any specific use standards and development standards established in Articles 5 and 6 of this Ordinance. (3) A Conditional Use District requires the approval of a rezoning by the Board of County Commissioners, approval of a site plan, the issuance of a Class A Special Use Permit, and may include agreed-upon conditions of development. 3.8.4 Where Permitted (A) Conditional Districts are permitted in any Land Use classification and shall be located consistent with the existing general development pattern and the objectives of the adopted Comprehensive Plan and any adopted small area plan(s). (B) Conditional Districts are permitted within areas subject to the Joint Planning Agreement (JPA) between Orange County the Towns of Carrboro and Chapel Hill, subject to the terms and standards of the JPA. (C) Conditional Districts are permitted within the University Lake, Cane Creek, and Upper Eno Protected and Critical Watershed Overlay Districts. Orange County, North Carolina – Unified Development Ordinance Page 3-63 179 Article 3: Base Zoning Districts Section 3.8: Conditional Districts ASE-CZ AGRICULTURAL SUPPORT ENTERPRISES DIMENSIONAL AND RATIO STANDARDS 3 Lot size, min., per use (square feet) 40,000 [1] Lot Width, min. (feet) 150 PURPOSE Front Setback from ROW, min. (feet) 40 The purpose of the Agricultural Support Enterprises (ASE-CZ) District is to provide for agriculturally-related activities that are not considered bona fide farming activities within the County’s planning jurisdiction. Side Setback, min. (feet) 20 [2] Rear Setback, min. (feet) 20 [2] APPLICABILITY Height, max. (feet) 45 [3] The district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties, thus insuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Therefore, when evaluating an application for this district, emphasis shall be given to the location of the proposed development, the relationship of the site and site development plan to adjoining property, and the development itself.4 This district shall not be applied in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.5 Floor Area Ratio, max No requirement [4] Required Open Space Ratio, min. No requirement [4] Required Livability Space Ratio, min. No requirement [4] Required Recreation Space Ratio, min. No requirement [4] DIMENSIONAL STANDARDS NOTES:6 [1] Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. [2] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the adjacent residential district. [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] The overall development will be evaluated to ensure compatibility with surrounding properties and with planning objectives. Required Pedestrian / Landscape Ratio, min. No requirement [4] ASE-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS 7 1. Uses shall be restricted to those indicated for the ASE-CZ District in Section 5.2. Certain uses shall not be approved on parcels located within the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan (refer to Section 5.2.3 for these uses). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all 3 These standards are consistent with other existing zoning districts such as AR and AS and/or are consistent with how other CZ districts are handled. 4 This statement is consistent with the statements made for other CZ districts. 5 This sentence needs to be removed in order to allow certain ASE-CZ uses in the Rural Buffer land use classification. 6 Consistent with how similar uses/zoning districts are written. 7 These are typical of other zoning districts and seek to direct users to other applicable sections of the UDO. #3 also clarifies that residential uses in the ASE-CZ district are incidental. Orange County, North Carolina – Unified Development Ordinance Page 3-64 180 Article 3: Base Zoning Districts Section 3.8: Conditional Districts applicable development standards detailed in Article 6 of this Ordinance. 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property). The ASE-CZ district is not intended for residential uses such as subdivisions. Any residential uses are to be occupied by the operator of the associated farm or the proprietor of the approved use. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. Orange County, North Carolina – Unified Development Ordinance Page 3-65 181 Article 5: Uses Section 5.1: Establishment of Use Regulations (C) In addition to the listing of such uses, the Board of County Commissioners intends that the general standards and the more specific requirements established herein, shall be used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as appropriate, to direct deliberations upon application or the approval of Special Uses. (D) It is the express intent of the Board of County Commissioners to delineate the areas of concern connected with each Special Use and to provide standards by which applications for such Special Use shall be evaluated. (E) Establishment of Classes of Special Uses; Authority To Approve or Disapprove There are hereby established the following classes of Special Uses which shall be approved or disapproved as shown: (1) Class A - Approved or disapproved by Board of County Commissioners (2) Class B - Approved or disapproved by Board of Adjustment 5.1.4 Conditional Uses (A) The Board of County Commissioners is mindful of its responsibility to protect the public health, safety and general welfare of the residents of Orange County and intends to encourage development within the County consistent with that purpose. (B) The Board of County Commissioners also recognizes that certain uses are appropriate for development in Orange County but their location and site development specifics cannot be predetermined or regulated through the use of a general zoning district designation and conventional standards. (C) Conditional Uses and Conditional Use Districts are hereby established and shall be reviewed in accordance with the provisions of this Ordinance. (D) Permitted Uses (1) Any use listed as Permitted by Right or by Special Use Permit on the Table of Permitted Uses may be approved as a Conditional Use within a Conditional Use District, unless expressly excluded in Section 5.1.4(E) of this Ordinance. (2) Permitted uses are subject to all general and specific standards of approval for that use, as established within this Section. (E) Exclusions (1) Unless otherwise noted in Section 5.2, the following uses shall not be considered or approved as a Conditional Use District within the Commercial-Industrial Transition Activity Node or Economic Development Transition Activity Node land use classifications, as designated by the adopted Comprehensive Plan: (a) Airports, General Aviation, Heliports, S.T.O.L, (b) Class II Kennels, (c) Commercial Feeder Operation, (d) Composting Operation with grinding, (e) Crematoria, (f) Extraction of Earth Products, (g) Junkyards, (h) Landfills (less than 2 acres), (i) Landfills (2 acres or more), (j) Meat Processing Facility, Regional, Orange County, North Carolina – Unified Development Ordinance Page 5-2 182 Article 5: Uses Section 5.1: Establishment of Use Regulations (k) Military Installations (National Guard & Reserve Armory), (l) Residential Hotel (Fraternities, Sororities, and Dormitories), (m) Riding Stables, Commercial, (n) Sawmills, (o) Stockyards / Livestock Markets, and (p) Waste Management Facility; Hazardous & Toxic (2) For all land use classifications other than the Commercial-Industrial Transition Activity Node or Economic Development Transition Activity Node, the following uses shall not be considered or approved as a Conditional Use District: (a) Agricultural Processing Facility (b) Airports, General Aviation, Heliports, S.T.O.L, (c) Bus Terminals & Garages, (d) Class II Kennels, (e) Commercial Feeder Operation, (f) Composting Operation with grinding, (g) Crematoria, (h) Drive-In Theaters, (i) Extraction of Earth Products, (j) Farm Equipment Rental, & Sales and Service, (k) Feed, Seed, Storage & Processing Mill, (l) Funeral Homes, (m) Health Services: Over 10,000 square feet, (n) Hospitals, (o) Hotels & Motels, (p) Industrial, Light, (q) Industrial, Medium, (r) Industrial, Heavy, (s) Junkyards, (t) Landfills (less than 2 acres), (u) Landfills (2 acres or more), (v) Meat Processing Facility, Regional, (w) Military Installations (National Guard & Reserve Armory), (x) Motor Freight Terminals, (y) Motor Vehicle Maintenance & Repair (Body Shop), (z) Motor Vehicle Repair Garage, (aa) Petroleum Products: Storage & Distribution, (bb) Research Facility, (cc) Residential Hotel (Fraternities, Sororities, and Dormitories), (dd) Riding Stables, Commercial, Orange County, North Carolina – Unified Development Ordinance Page 5-3 183 Article 5: Uses Section 5.1: Establishment of Use Regulations (ee) Sawmills, (ff) Stockyards / Livestock Markets, (gg) Storage of Goods, Outdoor, (hh) Waste Management Facility; Hazardous & Toxic, and (ii) Wholesale Sales. Orange County, North Carolina – Unified Development Ordinance Page 5-4 184 Article 5: Uses 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 Δ = SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) AGRICULTURAL USES Agricultural Processing Facility ~ * * * * Agricultural Processing Facility, Community ^ * * * * * * Agricultural Services Uses * * Cold Storage Facility A * * * Commercial Feeder Operation ~9 * * * Community Farmers’ Market ^ * * * * * * * Composting Operation, no grinding A Composting Operation, with grinding ~ A Cooperative Farm Stand ^ * * * * * Equestrian Center A Farm Equipment Rental, & Sales and Service ~ * * * * * Farm Supply Store * * * * * Feed, Seed, Storage & Processing Mill ~ * * * Greenhouses with (On Premises Sales) ^ 10 * * * * * * 8 It should be noted that the pre-2010 ASE work proposed that many of the ASE-related uses would also be allowed in the R-1 (Rural Residential) zoning district. Planning staff is recommending that farming-related uses not be added to the R-1 zoning district as permitted uses because the stated purpose of the R-1 zoning district is “to provide for rural non-farm residential development…” (emphasis added). Farming ventures currently located in an R-1 zoning district can apply to have property rezoned to either AR (Agricultural Residential) or ASE-CZ if there is interest in pursuing additional uses on the farmed property. 9 This is considered a bona fide farm under State Statutes and cannot be regulated with zoning so it is being recommended for deletion by staff. 10 Moved from “Commercial Uses” section Orange County, North Carolina – Unified Development Ordinance Page 5-5 185 Article 5: Uses 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 Δ = SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Meat Processing Facility, Community ^ * * * * * * Meat Processing Facility, Regional ~ A Non-Farm Use of Farm Equipment ^ * * * Riding Stables, Commercial ~ B B B B B B Stockyards / Livestock Markets ~ * CHILD CARE & EDUCATIONAL FACILITIES Center in a Residence for 3 to 12 Children * * * * * * * * * * * * * * Child Care Facilities B B B B B B B B B * * * * * * Libraries * * * * * Non-Profit Educational Cooperative A Schools: Dance, Art & Music * * * * * * Schools: Elementary, Middle & Secondary A A A A A A A A A A Schools: Vocational * * * * * Universities, Colleges & Institutes * * * * * * COMMERCIAL USES Banks & Financial Institutions * * * * * Beauty & Barber Shops * * * * * Rural Guest Establishment: Bed & Breakfast ^ 11 * * * Rural Guest Establishment: Bed & Breakfast Inn ^ B B Rural Guest Establishment: Country Inn ^ A A Country Store * * * Drive In Theaters ~ * 11 The three “Rural Guest Establishment” types will be moved to alphabetical order within the list as well. Orange County, North Carolina – Unified Development Ordinance Page 5-6 186 Article 5: Uses 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 Δ = SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Funeral Homes ~ * * Garden Center (On Premises Sales) * * * * * Greenhouses (No On Premises Sales)12 * * * * * * * * Greenhouses (On Premises Sales)13 * * * * * * Hotels & Motels ~ * * Junkyards ~ A A A Kennels, Class II ~ ^ B B B B B B Laundry & Dry Cleaning Services * * * * * Massage, Business of * * Microbrewery with Minor Events ^ B B B B B Nightclubs, Bars, Pubs * * * Offices & Personal Services, Class 1 * * * * * * * * * Offices & Personal Services, Class 2 * * * * * * * Offices & Personal Services, Class 3 * * * * Repair Service Electronic & Appliance * * * * Restaurants: Carry Out * * * * Restaurants: Drive In * * * Restaurants: General * * * * Retail, Class 1 * * * * * Retail, Class 2 * * * * Retail, Class 3 * * 12 This is a bona fide farm use and cannot be regulated by zoning 13 Moved to “Agricultural Uses” section Orange County, North Carolina – Unified Development Ordinance Page 5-7 187 Article 5: Uses 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 Δ = SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Storage of Goods, Outdoor ~ * * * * Storage of or Warehousing: Inside Building 14 * * * * * * Studio (Art) * * * * * * * * Taxidermy ^ B * * * * * Tourist Home * * * * * Wholesale Trade ~ * * * * * * * Winery with Minor Events ^ B B B B B EXTRACTIVE USES Extraction of Earth Products ~ A A A A A GOVERNMENTAL USES Governmental Facilities & Office Buildings * * * * * * * * * * * * * * * * * * Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments * * * * * * * * * * * * * * * * * * Military Installations (National Guard & Reserve Armory) ~ * * * * MANUFACTURING, ASSEMBLY & PROCESSING Assembly and Packaging Operations Including Mail Order Houses, But Excluding On-Premises Retail Outlets * * * * * Industrial, Heavy ~ * Industrial, Light ~ * * * * Industrial, Medium ~ * * Microbrewery, production only ^ B B * * * 14 Staff is suggesting this typographical error be corrected as part of this UDO amendment. Orange County, North Carolina – Unified Development Ordinance Page 5-8 188 Article 5: Uses 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 Δ = SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Printing & Lithography * * * * * * Sawmills ~ * Winery, production only ^ B B * * * MEDICAL USES Animal Veterinary Hospitals; Veterinarians 15 * * * * * * * Health Services: Over 10,000 Sq. Ft. ~ * Health Services: Under 10,000 Sq. Ft. * * * * * Hospitals ~ * * Veterinary Clinic B * * * * * * * * * * Veterinary Clinic, mobile B B * * * * * * * * * * RECREATIONAL USES Botanical Gardens & Arboretums * * * * * * * * * * * * * * * * * * * Camp/Retreat Center B B B Golf Driving and Practice Ranges B * * * Parks, Public & Non-Profit * * * * * * * * * * * * * * * * * * Recreational Facilities (Non-Profit) B B B B B B B B B B B B B B B B B Recreational Facilities (Profit) * * * Golf Course A A A A A A A A A A A A A A A A A RESIDENTIAL USES Dwelling; Mobile Home * * * * * * * * * * * Dwelling; Multiple Family * * * * * * * * * Dwelling; Single-Family * * * * * * * * * * * * * 15 Will be moved to alphabetical order within this section Orange County, North Carolina – Unified Development Ordinance Page 5-9 189 Article 5: Uses 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 Δ = SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Dwelling; Two-Family * * * * * * * * * * * * Family Care Home * * * * * * * * * * * * * * * Group Care Facility B B B B B B B B B B B B B B B Rehabilitative Care Facility * * * Residential Hotel (Fraternities, Sororities, and Dormitories) ~ A A A A A Rooming House * * * * * TELECOMMUNICATIONS Telecommunication Tower – Stealth (75 feet or shorter) * * * * * * * * * * * * * * * * * * * * * Telecommunication Towers (Over 75 feet and under 200 feet) B B B B B B B B B B B B B B B B B B B B B Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A TEMPORARY USES Buildings, Portable B B B B B B B B B B B B B B Temporary Mobile Home (Custodial Care) B B B B B B B B B B Temporary Mobile Home (Use during construction/installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy) * * * * * * AUTOMOTIVE / TRANSPORTATION Bus Passenger Shelter * * * * * * * * * * * * * * * * * * * Bus Terminals & Garages ~ * * * * Motor Freight Terminals ~ * * * Motor Vehicle Maintenance & Repair (Body Shop) ~ * * * Motor Vehicle Repair Garage ~ * * Orange County, North Carolina – Unified Development Ordinance Page 5-10 190 Article 5: Uses 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 Δ = SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Motor Vehicle Sales / Rental (New & Used) Δ1 * * * * * * Motor Vehicle Services Stations * * * * * Parking As Principle Principal Use, Surface or Structure 16 * * * Petroleum Products: Storage & Distribution ~ * * * Postal & Parcel Delivery Services * * * UTILITIES Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B Public Utility Stations & Sub-Stations, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants A A A A A A A A A A A A A A A A A A A A Electric, Gas, and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B Water & Sanitary Sewer Pumping * * * * * * * * * * * * * * * * * * * * Solar Array – Large Facility B B B B B B B B B B B B B B B B B B B Solar Array – Public Utility A A A A A A A A A A A A A A A A A A A WASTE MANAGEMENT Landfills (2 Acres or More) ~ A A A A A A A Landfills (Less Than 2 Acres) ~ B B B B B B B Waste Management Facility; Hazardous & Toxic ~ A A A MISCELLANEOUS Accessory Uses * * * * * * * * * * * * * * * * * * * * * Airports, General Aviation, Heliports, S.T.O.L ~ A A A A A A Assembly Facility Greater Than 300 * * 16 Staff is suggesting this typographical error be corrected as part of this UDO amendment. 1 See Section 5.14.1 5.15.1 for special standards Orange County, North Carolina – Unified Development Ordinance Page 5-11 191 Article 5: Uses 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 Δ = SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID ~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Assembly Facility Less Than 300 * * Cemetery B * B B B B B B B Church * * * * * * * * * * * * * * * * * * * Clubs or Lodges; Social; Fraternal or Union Clubhouses * * * * * * * * Community Center B B B B B B B B B * * * * Crematoria ~ * * * Historic Sites Non-Residential/Mixed Use A A A Kennels, Class I * * * * * * Research Facility ~ * * * * * * * Research Lands & Installations, Non-profit * Rural Heritage Museum B B B B B Rural Special Events ^ * * * Special Events (Less than 150) * * * Orange County, North Carolina – Unified Development Ordinance Page 5-12 192 Article 5: Uses Section 5.2: Table of Permitted Uses 5.2.3 Table of Permitted Uses – Conditional Zoning Districts TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS * = PERMITTED USE USE TYPE CONDITIONAL ZONING DISTRICTS ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. AGRICULTURAL USES Agricultural Processing Facility * * Agricultural Processing Facility, Community * Agricultural Services Uses * * Cold Storage Facility * * Commercial Feeder Operation 17 Community Farmers’ Market * * Composting Operation, no grinding * Composting Operation, with grinding ^ * Cooperative Farm Stand * * Equestrian Center * Farm Equipment Rental, & Sales and Service * Farm Supply Store * * Feed, Seed, Storage & Processing Mill * * Greenhouses with (On Premises Sales) 18 * * Meat Processing Facility, Community * Meat Processing Facility, Regional ^ * Non-Farm Use of Farm Equipment * Riding Stables, Commercial * * 17 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff. 18 Moved from “Commercial Uses” section. Orange County, North Carolina – Unified Development Ordinance Page 5-22 193 Article 5: Uses Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS * = PERMITTED USE USE TYPE CONDITIONAL ZONING DISTRICTS ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Stockyards / Livestock Markets ^ * CHILD CARE & EDUCATIONAL FACILITIES Center in a Residence for 3 to 12 Children Child Care Facilities * Libraries * * Non-Profit Educational Cooperative Schools: Dance, Art & Music * Schools: Elementary, Middle & Secondary * Schools: Vocational * Universities, Colleges & Institutes * COMMERCIAL USES Banks & Financial Institutions * Beauty & Barber Shops * * Rural Guest Establishment: Bed & Breakfast 19 * * Rural Guest Establishment: Bed & Breakfast Inn * * Construction (Sector 23) * Contractors, Building & Trade * * Rural Guest Establishment: Country Inn * * Country Store * * Finance & Insurance (Sector 52) * Funeral Homes * Garden Center with (On Premises Sales) * * 19 The three “Rural Guest Establishment” types will be moved to alphabetical order within the list as well. Orange County, North Carolina – Unified Development Ordinance Page 5-23 194 Article 5: Uses Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS * = PERMITTED USE USE TYPE CONDITIONAL ZONING DISTRICTS ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Greenhouses (No On Premises Sales)20 * Greenhouses (On Premises Sales) * Hotels & Motels * Insurance Carriers & Agents * Junkyards Kennels, Class I * Kennels, Class II * Laundry & Dry Cleaning Services * Management of Companies & Enterprises (Sector 53) * Massage, Business of * Metal Fabrication Shop * Microbrewery with Minor Events * * Microbrewery with Major Events * * Nightclubs, Bars, Pubs * Offices & Personal Services, Class 1 * * Offices & Personal Services, Class 2 * Offices & Personal Services, Class 3 * Professional, Scientific & Technical Services (Sector 54) * Real Estate Agents & Brokers * * Repair Service Electronic & Appliance * Restaurants: Carry Out * Restaurants: Drive In * 20 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff. Orange County, North Carolina – Unified Development Ordinance Page 5-24 195 Article 5: Uses Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS * = PERMITTED USE USE TYPE CONDITIONAL ZONING DISTRICTS ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Restaurants: General * Retail, Class 1 * Retail, Class 2 * Retail, Class 3 * Storage of Goods, Outdoor * * * Storage or Warehousing: Inside Building * * Studio (Art) * * Taxidermy * Theater, Indoor or Outdoor (including Drive-ins) * * Tourist Home Wholesale Trade * Winery with Minor Events * * Winery with Major Events * * EXTRACTIVE USES Extraction of Earth Products GOVERNMENTAL USES Governmental Facilities & Office Buildings * Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments * Military Installations (National Guard & Reserve Armory) Public Administration (Sector 92) * MANUFACTURING, ASSEMBLY & PROCESSING Assembly and Packaging Operations Including Mail Order Houses, But Excluding On-Premises Retail Outlets * Industrial, Heavy * Orange County, North Carolina – Unified Development Ordinance Page 5-25 196 Article 5: Uses Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS * = PERMITTED USE USE TYPE CONDITIONAL ZONING DISTRICTS ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Industrial, Light * Industrial, Medium * Manufacturing (Sector 31-33) * Microbrewery, production only * * Pharmaceutical Products * Printing & Lithography * Sawmills ^ * Winery, production only * * MEDICAL USES Animal Veterinary Hospitals; Veterinarians 21 * * Health Services: Over 10,000 Sq. Ft. * Health Services: Under 10,000 Sq. Ft * Hospitals * Veterinary Clinic * * Veterinary Clinic, mobile * * RECREATIONAL USES Arts, Entertainment & Recreation (Sector 71) Botanical Gardens & Arboretums * Camp/Retreat Center * Golf Driving and Practice Ranges * Guest Ranch * Parks, Public & Non-Profit * * 21 Will be moved to alphabetical order within this section. Orange County, North Carolina – Unified Development Ordinance Page 5-26 197 Article 5: Uses Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS * = PERMITTED USE USE TYPE CONDITIONAL ZONING DISTRICTS ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Recreational Facilities (Non-Profit) * Recreational Facilities (Profit) * Golf Course * * Race Track (Motorized, etc.) and Go-Kart Track Facilities * RESIDENTIAL USES Dwelling; Mobile Home * * Dwelling; Multiple Family * Dwelling; Single-Family * * Dwelling; Two-Family * Family Care Home Group Care Facility * Rehabilitative Care Facility * Residential Hotel (Fraternities, Sororities, and Dormitories) Rooming House TELECOMMUNICATIONS Telecommunication Tower – Stealth (75 feet or shorter) * * Telecommunication Towers (150 feet in height or shorter) * * Telecommunication Towers (greater than 150 in height) * * TEMPORARY USES Buildings, Portable * Temporary Mobile Home (Custodial Care) * Temporary Mobile Home (Use during construction/installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy * TRANSPORTATION Orange County, North Carolina – Unified Development Ordinance Page 5-27 198 Article 5: Uses Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS * = PERMITTED USE USE TYPE CONDITIONAL ZONING DISTRICTS ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. Bus Passenger Shelter * Bus Terminals & Garages * Motor Freight Terminals * Motor Vehicle Maintenance & Repair (Body Shop) * Motor Vehicle Repair Garage * Motor Vehicle Sales Rental (New & Used) * Motor Vehicle Services Stations * Parking As Principle Principal Use, Surface or Structure22 * Petroleum Products: Storage & Distribution * Postal & Parcel Delivery Services * * UTILITIES Elevated Water Storage Tanks * * Public Utility Stations & Sub-Stations, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants * * Electric, Gas, and Liquid Fuel Transmission Lines * * Water & Sanitary Sewer Pumping * * Solar Array – Large Facility * * Solar Array – Public Utility * * WASTE MANAGEMENT Landfills (2 Acres or More) Landfills (Less Than 2 Acres) Waste Management Facility; Hazardous & Toxic 22 Staff is suggesting this typographical error be corrected as part of this UDO amendment. Orange County, North Carolina – Unified Development Ordinance Page 5-28 199 Article 5: Uses Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS * = PERMITTED USE USE TYPE CONDITIONAL ZONING DISTRICTS ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval ^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. MISCELLANEOUS Accessory Uses * * * * Airports, General Aviation, Heliports, S.T.O.L. Assembly Facility Greater Than 300 Occupants * * Assembly Facility Less Than 300 Occupants * * * Cemetery Church * * Clubs or Lodges; Social; Fraternal or Union Clubhouses * * Community Center * * Crematoria (4) * Historic Sites Non-Residential/Mixed Use * * Information (Sector 51) * Research Facility * Research Lands & Installations, Non-profit * Rural Heritage Museum * Rural Special Events * * Orange County, North Carolina – Unified Development Ordinance Page 5-29 200 Article 5: Uses Section 5.3: Application of Use Standards SECTION 5.3: APPLICATION OF USE STANDARDS 5.3.1 In General In addition to the general standards applied to uses in each zoning district and in accordance with the Table of Permitted Uses, Sections 5.4 through 5.1517 establish additional standards for specific Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning Districts. 5.3.2 Special Uses (A) General Standards Before any application for a Special Use Permit shall be approved: (1) The applicant shall have the burden of establishing, by competent material and substantial evidence, in the form of testimony, exhibits, documents, models, plans and other materials, that the application meets the requirements for approval of a Special Use; and (2) The Board of County Commissioners or Board of Adjustment shall make written findings certifying compliance with the specific rules governing such individual Special Use and that the use, which is listed as a Special Use in the district in which it is proposed to be located, complies with all required regulations and standards including the following general conditions: (a) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (b) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (c) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. (B) Specific Standards In addition to the general standards stated in Section 5.3.2(A), the following specific standards shall be addressed by the applicant before the issuance of a Special Use Permit: (1) Method and adequacy of provision of sewage disposal facilities, solid waste, and water. (2) Method and adequacy of police, fire and rescue squad protection. (3) Method and adequacy of vehicular access to the site and traffic conditions around the site. (4) Other use specific standards as set forth herein. (C) Specific Standards for Class A Special Use Permits Within Hillsborough EDD In addition to the general and specific standards for all Special Use Permits, the following standards shall be addressed by the applicant before the issuance of a Class A Special Use Permit within the Hillsborough Economic Development District: (1) General Provisions Section number update Orange County, North Carolina – Unified Development Ordinance Page 5-30 201 Article 5: Uses Section 5.6: Standards for Commercial Uses In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) A description of the type facility planned, the number of occupants, and the development schedule. (b) A site plan showing existing and proposed contours. Proposed buildings, parking, access, service, recreation, landscaped and screened areas. (c) Other criteria as set forth in sections 6.2.11 and 6.3. (d) A statement concerning the provision of public services which shall include fire, police and rescue protection. (2) Standards of Evaluation – (a) Adequate parking, access and service areas are provided for the site. (b) Parking, service areas and buildings are adequately screened from adjacent residential uses. (c) Improved recreational facilities are provided for occupants. (d) Other criteria as set forth in sections 6.2.11 and 6.3. (e) Letters from public service agencies attesting to the adequacy of the provision of public services such as fire, police and rescue. SECTION 5.6: STANDARDS FOR COMMERCIAL USES 5.6.1 Nightclubs, Bars and Pubs (A) General Standards for Evaluation (1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a residence. 5.6.2 Massage Business (A) General Standards for Evaluation (1) Must comply with the Ordinance for the Control of Massage and Massage Establishments (2) The submittal of construction plans for all existing and proposed buildings housing the massage business. The construction plans shall include floor plans and cross sections showing the proposed use of all portions of such buildings. (3) For existing buildings, certification by the Orange County Building Inspector that the structure(s) complies with the North Carolina Building Code and all related construction codes. 5.6.3 Garden Center (A) General Standards for Evaluation (1) Outdoor display and storage of goods will be permitted. (2) Outdoor storage of bulk goods shall be located to the rear or side of the primary building and screened on three sides by an eight foot high opaque wall or fence. (3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of the zoning lot. Orange County, North Carolina – Unified Development Ordinance Page 5-47 202 Article 5: Uses Section 5.6: Standards for Commercial Uses (4) Land use buffers shall be provided in accordance with the requirements of Section 6.8.23 5.6.4 Junkyards (A) Standards for Class A Special Use Permit (1) Submittal Requirements – In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) Detailed plans and specifications for the site screening proposed. (b) Description of type and number of motorized machines to be employed upon site. (c) Indicate on the site plan the extent of area to be used for the storage of junked or wrecked motor vehicles (2) Standards for Evaluation - (a) The site shall be screened from adjacent property by a minimum of an eight foot high solid fence or equal, uninterrupted except for required vehicle access points. (b) No materials shall be stored closer than 50 feet to the public right of way or 30 feet to the property lines. (c) Site is of adequate size to protect adjacent properties from adverse effects of the junkyard. 5.6.5 Kennels (Class II) (A) Standards for Class B Special Use Permit (1) Submittal Requirements – In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all kennels, exercise yards, dog runs, pens and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (2) Standards of Evaluation – (a) The site is of adequate size to protect adjacent properties from adverse effects of the kennel. (b) No part of any building, structure, dog run, pen, or exercise yard in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the kennel. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. 23 Staff is recommending this be removed as it is redundant with requirements of the UDO – all uses must meet the buffer requirements. Calling this out as a separate item for this particular use can cause confusion as to applicability to other uses; this is a remnant of duplicity staff attempted to catch when incorporating the previous zoning ordinance into the UDO but this instance was missed at the time. Orange County, North Carolina – Unified Development Ordinance Page 5-48 203 Article 5: Uses Section 5.6: Standards for Commercial Uses (c) Any kennel, including primary enclosures or runs, which is not wholly enclosed within a building shall be enclosed by a security fence at least six feet in height. (d) The site plan shows parking, access areas and screening devices for all buildings and animal boarding facilities existing or proposed for the property. (e) The site plan shall be reviewed by the Orange County Animal Services Department, and found in conformance with the Animal Control Ordinance. (f) Building plans for all kennel facilities shall be reviewed and approved by the Orange County Animal Services Department prior to issuance of any building permits. (g) A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain the names, addresses, and telephone numbers where persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with dimensional requirements as set forth within this Ordinance. (h) A Class II Kennel Permit shall be obtained from Orange County Animal Services within the first 30 days of occupancy. Failure to obtain and maintain a valid Class II Kennel Permit or other related permits which may be required by the USDA or Wildlife Resources Commission will result in revocation of the Special Use Permit. 5.6.6 Riding Stables 24 (A) Standards for Class B Special Use Permit (1) Submittal Requirements – In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all barns, boarding facilities, exercise yards, riding arenas, and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (2) Standards of Evaluation – (a) The site is of adequate size to protect adjacent properties from adverse effects of the riding stable. (b) No part of any building, structure, exercise yard, or riding arena, in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the facility. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. (c) The site plan shows parking, access areas and screening devices for buildings, riding arenas, and boarding facilities. (d) A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain the names, addresses, and telephone numbers where persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with dimensional requirements as set forth within this Ordinance. 24 Moved to Section 5.13.16. Orange County, North Carolina – Unified Development Ordinance Page 5-49 204 Article 5: Uses Section 5.6: Standards for Commercial Uses 5.6.7 Rural Guest Establishment: Bed & Breakfast (A) General Standards (1) Submittal Requirements (a) A site plan, prepared in accordance with the requirements of Section 2.5, containing the following: (Per Section.2.5.2 professional design and certification is not required for Rural Guest Establishments with three guestrooms or less—bed & breakfasts.) (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (iii) Boundaries of the site. (iv) Location of well and septic system. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an “existing tree line” is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. (i) Any bed & breakfast establishment that is not located on a state maintained road shall furnish a copy of the deed establishing the ingress/egress easement to the Planning Director. Such documentation shall not be limited to the easement deed, but may also include copies of road maintenance agreements as determined by the Planning Director. Orange County, North Carolina – Unified Development Ordinance Page 5-50 205 Article 5: Uses Section 5.6: Standards for Commercial Uses (l) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. 5.6.8 Rural Guest Establishment: Bed & Breakfast Inn (A) Standards for Class B Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (iii) Location of well and septic system. (iv) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an “existing tree line” is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. Orange County, North Carolina – Unified Development Ordinance Page 5-52 206 Article 5: Uses Section 5.6: Standards for Commercial Uses (l) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. (n) The minimum lot size for a Bed & Breakfast Inn using a private well and septic system shall be no less than five acres. A Bed & Breakfast Inn may be permitted on lots of less than five acres if the tract is currently served by public water and sewer, subject to the review and approval of the appropriate agencies and the Staff Engineer. (3) Expiration and Re-Approval of SUP (a) The Class B Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of Adjustment after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. (b) The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (c) The Board of Adjustment shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. (d) If the Board of Adjustment does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (e) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.6.9 Rural Guest Establishment: Country Inn (A) Standards for Class A Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (iii) Location of well and septic system. (iv) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. Orange County, North Carolina – Unified Development Ordinance Page 5-54 207 Article 5: Uses Section 5.6: Standards for Commercial Uses (d) If the Board of County Commissioners does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (e) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.6.10 Microbrewery with Minor Events (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail:25 (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. 25 This standard and requirement is consistent with a similar requirement for uses in the REDA-CZ zoning district. 240 gallons per day was used as the “cut off” because it is the average amount used by a single family residence. The amount of water used by an average single family residence, constructed at the density the existing zoning district allows, is used as the baseline standard because residences are the predominant land uses in the county and the most likely “by right” uses to be constructed. Text shown in blue was presented as a change to the proposed text at the February 24, 2014 quarterly public hearing. Text shown in green is clarifying text added after the quarterly public hearing in response to questions at the public hearing. PLEASE NOTE THAT THIS FOOTNOTE PERTAINS TO ALL PROPOSED USES THAT INCLUDE THIS PROPOSED REQUIREMENT. Orange County, North Carolina – Unified Development Ordinance Page 5-57 208 Article 5: Uses Section 5.6: Standards for Commercial Uses (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. 5.6.11 Microbrewery with Major Events (A) Standards for ASE-CZ or MPD-CZ Zoning Districts (1) (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. Orange County, North Carolina – Unified Development Ordinance Page 5-58 209 Article 5: Uses Section 5.6: Standards for Commercial Uses (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) The permit m ay limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.6.12 Taxidermy (A) Standards for Class B Special Use Permit (1) Enterprises located in an AR zoning district must be located on a bona fide farm. (2) If located adjacent to residentially zoned property, all buildings, structures, facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100 feet from the property line. 5.6.13 Winery with Minor Events (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken Orange County, North Carolina – Unified Development Ordinance Page 5-59 210 Article 5: Uses Section 5.6: Standards for Commercial Uses into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. 5.6.14 Winery with Major Events (A) Standards for ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may Orange County, North Carolina – Unified Development Ordinance Page 5-60 211 Article 5: Uses Section 5.6: Standards for Commercial Uses use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) The permit may limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.6.15 Country Store (A) General Standards for Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (5) Parking shall not be located in the front yard space. Orange County, North Carolina – Unified Development Ordinance Page 5-61 212 Article 5: Uses Section 5.7: Standards for Recreational Uses (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. SECTION 5.7: STANDARDS FOR RECREATIONAL USES 5.7.1 Recreational Facilities (A) General Standards of Evaluation (1) The standards included herein shall be applied to the following for-profit recreational facilities: (a) Tennis clubs, (b) Swim clubs, (c) Racquet ball, (d) Squash clubs, (e) Pitch and putt courses, (f) Amusement areas, (g) Bowling alleys, (h) Skating rinks, (i) Shooting ranges, (j) Billiard and pool halls, (k) Indoor athletic facilities and (l) Other similar uses. (2) The minimum lot area shall be two acres. (3) No building shall be closer than the minimum requirements of the district or 20 feet to the public right of way or private property line, whichever is greater. (B) Standards for Class B Special Use Permit (1) Submittal Requirements Orange County, North Carolina – Unified Development Ordinance Page 5-62 213 Article 5: Uses Section 5.8: Standards for Childcare & Educational Facilities County Fire Marshal shall approve a pollution incident prevention plan for the storage facility prior to final occupancy permits. (O) If additional or accessory land uses are desired, the facility owner shall cause a new site plan to be created outlining the location and nature of the proposed new land use, demonstrating compliance with this Ordinance. (P) The County shall approve a construction schedule to complete the items listed above. 5.7.6 Guest Ranch (A) Standards for ASE-CZ Zoning District (1) Minimum lot size: 25 acres. (2) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. (3) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (4) All structures, facilities, storage areas, and parking areas shall be located a minimum of 100 feet from all property lines. (5) Special events are not allowed unless approved in the permit and may be limited in duration, frequency, number of people in attendance, or other aspects. (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. SECTION 5.8: STANDARDS FOR CHILDCARE & EDUCATIONAL FACILITIES 5.8.1 Daycare Center in a Residence (A) Submittal Requirements (1) In addition to the information required by Section 2.4.3, the plot plan shall show the following: Orange County, North Carolina – Unified Development Ordinance Page 5-75 214 Article 5: Uses Section 5.8: Standards for Childcare & Educational Facilities (h) All buildings associated with the operation of the cooperative shall be designed to be harmonious with the character of the zoning district and neighborhoods in which it is proposed to be located. (i) The applicant must demonstrate its compliance with the definition of "Non-Profit Educational Cooperative" as contained in Article 10 of this Ordinance. 5.8.4 Schools: Elementary, Middle and Secondary (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Sections 2.7.3 and 5.3.2, the following information shall be submitted as part of the application: (a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of this Ordinance and with the following additional information shown on the plan: (i) Total student capacity of school as designed; (ii) Total number of employees at time of greatest shift; (iii) Number and dimensions of designated parking spaces for school buses; (iv) Number of designated parking spaces for employees; (v) Number of visitor parking spaces; (vi) Number of student parking spaces; (vii) Location of student drop off points with stacking spaces identified; (viii) Location of all proposed and future athletic fields and structures, including: a. Total number of seats for spectators, and b. Location of concession stands, if any anticipated; (ix) Proposed public roadway improvements; and (x) Existing and proposed infrastructure improvements (water and sewer). (b) 26 copies of a Landscape and Tree Preservation Plan prepared in accordance with Section 6.8 of this Ordinance. (c) 26 copies of photometric plans prepared in accordance with Section 6.11 of this Ordinance. (d) Estimated water usage for structures, landscaping and athletic fields. (e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance. (f) A Biological Inventory, prepared in accordance with Section 5.1517.6(A)(2)(b)of this Ordinance. (g) A Resources Management Plan, prepared in accordance with the Resources Management Plan definition in Article 10 of this Ordinance. (2) Standards of Evaluation Within Economic Development Districts (EDD) If located within an EDD, the application must meet the EDD design standards established in Article 6 of this Ordinance. (3) Standards of Evaluation in Zoning Districts other than an Economic Section reference update Orange County, North Carolina – Unified Development Ordinance Page 5-79 215 Article 5: Uses Section 5.13: Standards for Agricultural Uses (k) The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with extraction. (l) No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same. Within the 250 foot setback area, existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer. No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads. Where vegetation within the 250 foot setback does not exist, the applicant shall be required to provide a dense, evergreen buffer consistent with the purpose cited above. The buffer shall be in place prior to the initiation of any excavation activities. (m) The applicant shall submit operational reports, prepared on an annual basis, detailing the amounts of materials extracted, extent of extractive area, depth of extractive area, and results of groundwater test borings. (n) Annual inspections of the operation shall be conducted by the Planning Director following submittal of the annual operations reports to determine compliance with the provisions of the Special Use Permit. (o) In cases of abandonment or termination of operations for a period of 12 consecutive months, application for a new Special Use Permit is required. (p) The Board of County Commissioners shall require for all extractive uses a performance guarantee to insure that the provisions of the Rehabilitation Plan are met. Such performance guarantee shall be in a form approved by the County Attorney. The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the State. If the rehabilitation cost exceeds the amounts required by the State then the difference shall be made up in a bond to Orange County. SECTION 5.13: STANDARDS FOR AGRICULTURAL USES 5.13.1 Commercial Feeder Operation 26 (A) General Standards Property to be utilized for poultry raising, cattle feeding, hog feeding, or other similar uses that are not a part of a bona fide farm may be established in accordance with the Table of Permitted Uses subject to the following conditions: (1) All structures, buildings or enclosed areas, used for housing of poultry, hogs, cattle or other livestock, shall be a minimum of 100 feet from all property lines. (2) No structures, buildings or enclosed areas, housing poultry, hogs, cattle or other livestock shall be less than 120 feet from any residence. (3) Care shall be exercised that odor is kept to a minimum level through frequent cleaning of the area. 26 This is a bona fide agricultural use and cannot be regulated by zoning so staff is suggesting it be removed from the UDO. Orange County, North Carolina – Unified Development Ordinance Page 5-120 216 Article 5: Uses Section 5.13: Standards for Agricultural Uses (4) Prior to making this exception, the applicant shall receive from the Orange County Health Department a letter stating that the applicant has reviewed the Health Department's requirements for operation of a feeder type facility and understands the health requirements that must be met. Any violation of a Health Department regulation shall be considered a violation of this Ordinance. 5.13.2 Agricultural Processing Facility (A) General Standards for Evaluation (1) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. (2) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (3) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 5.13.3 Agricultural Processing Facility, Community (A) General Standards for Evaluation (1) If located in an AR or RB zoning district, facility shall be located on the bona fide farm of one of the cooperative farm partners or must be permitted as an ASE-CZ. (2) The building shall not exceed 10,000 square feet in size. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: Orange County, North Carolina – Unified Development Ordinance Page 5-121 217 Article 5: Uses Section 5.13: Standards for Agricultural Uses (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. (4) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (5) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 5.13.4 Cold Storage Facility (A) General Standards for Evaluation (1) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (2) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. 5.13.5 Community Farmers’ Market (A) General Standards for Evaluation (1) The minimum lot size shall be 3 acres unless permitted as an ASE-CZ. (2) If located adjacent to residentially zoned property, all buildings and vendor areas shall be located a minimum of 100 feet from the property line. 5.13.6 Composting Operation (A) General Standards for Evaluation (1) The minimum lot size shall be 10 acres unless permitted as an ASE-CZ. (2) All operations shall be located a minimum of 150 feet from all property lines. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (4) Outdoor storage areas shall be screened from view of adjacent properties and the road right-of-way. (5) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (6) Compost piles shall not exceed 15 feet in height. (7) Operations that include grinding shall adhere to the following: (a) Grinding shall be permitted only during the hours of 7 a.m. and 7 p.m., or as otherwise specified on the permit. (b) Grinding area shall be located a minimum of 1,000 feet from any existing dwelling unit located on adjacent properties. (c) Grinding area shall be located a minimum of 300 feet from all property lines. Orange County, North Carolina – Unified Development Ordinance Page 5-122 218 Article 5: Uses Section 5.13: Standards for Agricultural Uses (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.13.7 Cooperative Farm Stand (A) General Standards for Evaluation (1) If located in an AR or RB zoning district, stand shall be located on the bona fide farm of one of the cooperative farm partners.27 (2) 28In addition to the application materials required in Sections 2.5.2 and 2.4.3, the following shall also be required: (a) The number of and location of participating cooperative farm partners. (b) A description of the facility, including size of structure(s) and access locations. (c) Number of employees, if any. (d) Frequency and hours of operation. (3) Sales of any products not produced on the farm(s) of one of the cooperative farm partners shall be incidental, related to, and a subordinate component of farm stand sales in scale and profit. 5.13.8 Equestrian Center (A) Standards for Class A Special Use Permit or ASE-CZ Zoning District (1) Minimum lot size: 15 acres. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) All structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. 27 The County Attorney’s office has advised that this standard is legally insufficient and must be removed. Removal of this standard means that within the AR zoning district, a cooperative farm stand can be located, subject to standards, on parcels that are not considered bona fide farms. 28 Renumbering will automatically occur after (1) is removed. Materials presented at public hearing showed “or RB” as part of proposed amendment. Proposed standard #1 has been designated for deletion at the direction of the County Attorney’s office due to issues of legal sufficiency related to bona fide farms. Orange County, North Carolina – Unified Development Ordinance Page 5-123 219 Article 5: Uses Section 5.13: Standards for Agricultural Uses (4) Parking area(s) shall include sufficient space for parking and maneuvering trucks and horse trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.13.9 Farm Equipment Rental, Sales and Service (A) General Standards for Evaluation (1) Outdoor display and storage of equipment shall be permitted in the side and rear yards of the primary structure and shall be screened from view of adjacent properties. (2) Service bays shall be located at the side or rear of a structure and shall not be visible from adjacent residential property or the road right-of-way. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (4) Parking shall not be located in the front yard space. (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: Orange County, North Carolina – Unified Development Ordinance Page 5-124 220 Article 5: Uses Section 5.13: Standards for Agricultural Uses (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.13.10 Farm Supply Store (A) General Standards for Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.13.11 Feed Mill (A) General Standards for Evaluation (1) The minimum lot size shall be 3 acres, unless permitted as an ASE-CZ. (2) All structures, equipment, and outdoor storage areas shall be located a minimum of 100 feet from all property lines. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CZ. (4) Outdoor storage shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. Orange County, North Carolina – Unified Development Ordinance Page 5-125 221 Article 5: Uses Section 5.13: Standards for Agricultural Uses (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.13.12 Greenhouses with On Premise Sales (A) General Standards for Evaluation (1) If located in an AR zoning district, the minimum lot size shall be 3 acres, unless permitted as an ASE-CZ. (2) If located in an AR zoning district, outdoor storage shall be located in the side or rear yards and shall be setback a minimum of 100 feet from the property line. 5.13.13 Meat Processing Facility, Community (A) General Standards for Evaluation (1) If located in an AR or RB zoning district, facility shall be located on the bona fide farm of one of the cooperative farm partners.29 (2) 30The building shall not exceed 10,000 square feet in size. (3) If located adjacent to residentially zoned property, all buildings, outdoor storage areas, and animal pens shall be located a minimum of 100 feet from the property line. (4) Outdoor storage of products shall be permitted in to the rear yard of the primary structure and shall be screened from view of adjacent properties. (5) In addition to the application materials required in Section 2.5 or 2.9, as applicable, the following shall also be required: (a) The number of location of participating cooperative farm partners. (b) Number of employees, if any. (c) Frequency and hours of operation. (d) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an 29 The County Attorney’s office has advised that this standard is legally insufficient and must be removed. Removal of this standard means that within the AR zoning district, a community meat processing facility can be located, subject to standards, on parcels that are not considered bona fide farms. 30 Renumbering will occur automatically after (1) is removed. Materials presented at public hearing showed “or RB” as part of proposed amendment. Proposed standard #1 has been designated for deletion at the direction of the County Attorney’s office due to issues of legal sufficiency related to bona fide farms. Orange County, North Carolina – Unified Development Ordinance Page 5-126 222 Article 5: Uses Section 5.13: Standards for Agricultural Uses annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.13.14 Meat Processing Facility, Regional (A) Standards for Class A Special Use Permit or ASE-CZ Zoning District (1) The minimum lot size shall be 15 acres. (2) If located adjacent to residentially zoned property, all buildings, outdoor storage areas, and animal pens shall be located a minimum of 300 feet from the property line. (3) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (4) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (5) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (6) In addition to the information required by Sections 2.7 or 2.9, as applicable, application materials shall also include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and Orange County, North Carolina – Unified Development Ordinance Page 5-127 223 Article 5: Uses Section 5.13: Standards for Agricultural Uses (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.13.15 Non-Farm Use of Farm Equipment (A) General Standards for Evaluation (1) Use shall be located on a bona fide farm.31 (2) 32Equipment shall be screened from view from adjacent properties and road(s). (3) Outdoor storage of materials such as gravel, dirt, or plants shall be limited in both area and duration. (4) On-site retail sales shall not be permitted. 5.13.16 Riding Stables, Commercial 33 (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) Submittal Requirements – In addition to the information required by Sections 2.7 or 2.9, as applicable, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all barns, boarding facilities, exercise yards, riding arenas, and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (c) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 31 The County Attorney’s office has advised that this standard is legally insufficient and must be removed. Removal of this standard means that farm equipment could be stored, subject to standards, on parcels that are not considered bona fide farms. 32 Renumbering will occur automatically after (1) is removed. 33 Language shown in black text (existing) is proposed to be moved from existing Section 5.6.6. Orange County, North Carolina – Unified Development Ordinance Page 5-128 224 Article 5: Uses Section 5.13: Standards for Agricultural Uses (2) Standards of Evaluation – (a) The site is of adequate size to protect adjacent properties from adverse effects of the riding stable. Minimum lot size: 5 acres for up to 10 horses, increasing by ½ acre for each horse over 10. (b) No part of any building, structure, exercise yard, or riding arena, in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the facility. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. (c) The site plan shows parking, access areas and screening devices for buildings, riding arenas, and boarding facilities. (d) A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain the names, addresses, and telephone numbers where persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with dimensional requirements as set forth within this Ordinance. 5.13.17 Stockyards / Livestock Markets (A) General Standards for Evaluation (1) The minim um lot size shall be 10 acres. (2) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) All structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Parking area(s) shall include sufficient space for parking and maneuvering trucks and stock trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) If located adjacent to residentially zoned property, all animal pens shall be located a minimum of 300 feet from the property line. (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: Orange County, North Carolina – Unified Development Ordinance Page 5-129 225 Article 5: Uses Section 5.14: Standards for Manufacturing, Assembly & Processing8F (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. SECTION 5.14: STANDARDS FOR MANUFACTURING, ASSEMBLY & PROCESSING34 5.14.1 Metal Fabrication Shop (A) Standards for ASE-CZ Zoning District (1) Facility must be located on a bona fide farm. (2) Minimum lot size: 3 acres. (3) Maximum building size: 3,000 square feet. (4) If located adjacent to residentially zoned property, all buildings and operations must be located a minimum of 200 feet from the property line. 5.14.2 Microbrewery, production only (A) Standards for Class B Special Use Permit or ASE-CZ Zoning District (1) If located in an AR or RB zoning district, the microbrewery must be located on a bona fide farm. (a) A microbrewery, production only, that is located on a bona fide farm, and which utilizes primarily crops produced on-site is considered a bona fide farming use and is not subject to zoning regulations. (b) A microbrewery, production only, that does not utilize primarily crops produced on-site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. (2) If located adjacent to residentially zoned property, all buildings shall be located a minimum of 100 feet from the property line. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); 34 New section will require subsequent sections in Article 5 to be renumbered. Orange County, North Carolina – Unified Development Ordinance Page 5-130 226 Article 5: Uses Section 5.14: Standards for Manufacturing, Assembly & Processing8F (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.14.3 Sawmills (A) General Standards for Evaluation and ASE-CZ Zoning District (1) Minimum lot size: 5 acres. (2) All structures, equipment, and storage shall be located a minimum of 100 feet from the property line. (3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m. (4) Site shall have direct access to a major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. 5.14.4 Winery, production only (A) Standards for Class B Special Use Permit or ASE-CZ Zoning District (1) If located in an AR or RB zoning district, the winery must be located on a bona fide farm. (a) A winery, production only, that is located on a bona fide farm, and which utilizes primarily crops produced on-site is considered a bona fide farming use and is not subject to zoning regulations. (b) A winery, production only, that does not utilize primarily crops produced on-site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. (2) If located adjacent to residentially zoned property, all buildings shall be located a minimum of 100 feet from the property line. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. Orange County, North Carolina – Unified Development Ordinance Page 5-131 227 Article 5: Uses Section 5.15: Standards for Automotive/Transportation Related Uses SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED USES 5.15.1 Motor Vehicle Sales / Rental (New & Used) in the NC-2 Zoning District (A) Standards for the NC-2 Zoning District (1) This use shall only be permitted within the Commercial Transition Activity or Commercial-Industrial Transition Activity Node land use classifications, as designated on the Land Use Element Map of the adopted Comprehensive Plan. (2) The site shall have direct access onto a State maintained roadway. (3) A maximum of 12 cars may be stored or displayed on-site. SECTION 5.16: STANDARDS FOR MEDICAL USES 5.16.1 Veterinary Clinic (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District (1) In the AR zoning district, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall be located a minimum of 100 feet from the property line. 5.16.2 Veterinary Clinic, mobile (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District (1) In the AR and R-1 zoning districts, this use is intended to be located on the same property as the operator’s residence. The mobile clinic shall be parked to the side or rear of the residence, not in front of the residence, unless permitted otherwise in the permit. (2) For all zoning districts in which this use is permitted, observation shelters for up to three large or small animals shall be considered an accessory use. The permit may specify a greater number of observation shelters and may limit the maximum number of days an individual animal may be observed. (3) If adjacent to residentially zoned property, all mobile clinic operations shall be located a minimum of 100 feet from the property line. (4) Veterinary services whereby the public brings their animal to the mobile clinic location shall not be permitted, unless specifically permitted in the permit. 5.16.3 Veterinary Hospital (A) Standards for ASE-CZ Zoning District (1) In the ASE-CZ zoning district, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall be located a minimum of 100 feet from the property line. SECTION 5.17: STANDARDS FOR MISCELLANEOUS USES 5.17.1 Churches (A) General Standards Orange County, North Carolina – Unified Development Ordinance Page 5-132 228 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses (b) The site shall have direct access to a collector or arterial street (c) There shall be adequate space within the site for the parking and maneuvering of funeral cartilages (d) No interments shall take place within 30 feet of any lot line. 5.17.4 Historic Sites Non Residential Reuse/Mixed Use (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2.7, the following shall be supplied as part of the application: (a) The site plan, prepared by an appropriately licensed professional, shall also contain the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation. (ii) Location and dimensions of all on site signage. (iii) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. Description of how the historical style and character of the building and/or property is to be enhanced. (d) Landscape and tree preservation plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) Evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina as places of historic interest. (h) The proposed development schedule for the site. (2) Standards of Evaluation (a) The site plan submitted meets all requirements specified in sections 2.7 and 5.5.1417.4(A)(1). Section reference update Orange County, North Carolina – Unified Development Ordinance Page 5-134 229 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses a. Subdivisions with more than 40 lots outside of transition areas, and b. Subdivisions with more than 80 lots within transition areas. (ii) The study shall include an analysis of the need for public road improvements, including pedestrian-oriented enhancements, for on-site and off-site improvements as said improvements relate to the level of service impacted by the development. (iii) The traffic impact study shall be prepared in accordance with the requirements of Section 6.17. (3) Standards of Evaluation (a) The project meets all applicable design standards and other requirements of this Ordinance. (b) The project meets all service provision criteria as set forth below: (i) Fire – identifies the primary and secondary responders and the source(s) of water. (ii) Police – identifies the primary and secondary responders. (iii) Rescue services – identifies the primary and secondary responders. (iv) Water Supply – source and capacity of water supply. (v) Wastewater Treatment Methods – provider and capacity of wastewater treatment source. (c) Habitats shall be identified and evaluated in the biological inventory required by Section 5.1517.6(A)(2)(b)and are subject to the following: (i) An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory. Buffer width shall be determined by site evaluation in consultation with the applicant’s biologist and County staff; (ii) Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction. Examples include: a. Preserving, planting, and maintaining a variety of native vegetation (also dead trees and snags); b. Installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species; or c. Creating wetlands; (iii) Conservation easements or other acceptable means such as dedication to a public agency, or conservancy or a homeowner’s association are required to protect wetlands and other habitats while insuring proper long-term maintenance; and (iv) Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be allowed if proposed in a sensitive manner for environmental education purposes. (d) Landscaping and Buffers Section reference update Orange County, North Carolina – Unified Development Ordinance Page 5-139 230 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses (i) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; (ii) The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and (iii) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. (i) Habitat Maintenance (i) Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and/or a conservation easement agreement; and (ii) Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non- native) plant species, and keeping drainage ways functioning properly. (j) Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County. (k) Maintenance of Improvements (i) All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. (ii) Maintenance specifications, if any, for on-going site management (including provisions for handling of storm debris in open space areas) shall be submitted as part of the Resources Management Plan and incorporated into Homeowners’ Association documents. 5.17.7 Rural Heritage Museum (A) Standards for Class B Special Use Permit or ASE-CZ Zoning District (1) If located adjacent to residentially zoned property, all buildings, facilities, and parking areas shall be located a minimum of 100 feet from the property line. (2) The maximum building size in an AR or RB zoning district shall be 5,000 square feet. 5.17.8 Rural Special Events (A) General Standards for Evaluation or ASE-CZ or MPD-CZ Zoning Districts (1) Must be located on a bona fide farm. (2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following information shall be submitted with the application materials: Orange County, North Carolina – Unified Development Ordinance Page 5-141 231 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of parking area(s). (c) A map depicting surrounding uses and the distance to residential structures. (3) The temporary or seasonal commercial activities that comprise the special event must pertain to agricultural or rural-related activities. (4) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (5) Events permitted by right in the AR, RB and AS zoning districts shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. Events exceeding these limits must be approved as an ASE-CZ or MPD-CZ. (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (8) Food services are not allowed unless approved in the permit. (9) Documentation shall be submitted from the Fire Marshal and Building Inspections Department stating that all areas open to the public meet state regulations. Orange County, North Carolina – Unified Development Ordinance Page 5-142 232 Article 6: Development Standards Section 6.2: Lot & Building Standards Orange County, North Carolina – Unified Development Ordinance Page 6-2 (1) Minimum lot area, lot width, and setback requirements as specified in Article 3 of this Ordinance may be reduced for lots created as part of a Flexible Development subdivision as provided in Section 7.13 of this Ordinance. (C) Flag Lots (1) Flag lots as defined in Article 10 are accommodated for as provided in Section 7.7 of this Ordinance. 6.2.3 Clustering (A) UNIV-CA & UNIV – PW Watershed Protection Overlay Districts (1) Clustering of residential lots is permitted in accordance with Section 7.12 of this Ordinance. (2) Each lot shall contain a minimum of one acre. (B) All Other Overlay Districts Clustering of residential lots is permitted in accordance with Section 7.13 of this Ordinance. 6.2.4 Irregular Lots Any irregular lot of record at the time these regulations became effective may be subdivided in compliance with applicable subdivision regulations and improvement requirements, to create additional regular lots, provided that such lots meet all requirements of the district and that no residual substandard lots remain as a result of such action. 6.2.5 Principal Uses There shall be no more than one principal use on any zoning lot except where: (A) Permitted as a CU District or CZ District; or (B) The parcel is located within an Economic Development District, Commercial Transition Activity Node, Commercial-Industrial Transition Activity Node, Rural Neighborhood Activity Node, or Rural Community Activity Node, as designated by the Comprehensive Plan; or (C) The parcel is less than 2 acres in size, and non-residential multiple uses are proposed within a single principal structure; or (D) One of the uses is an unstaffed telecommunications tower subject to a year-to-year or other short term lease; or (E) The use(s) is/are marked with ^ in the Table of Permitted Uses (Section 5.2.1) and is/are located on a bona fide farm. 6.2.6 Principal Structures (A) Residential (1) There shall be no more than one principal structure permitted on any residential zoning lot, with the exception of the following: (a) Multi-family developments which have received approval as a CU District or CZ District, or (b) Temporary use of mobile homes for custodial care approved in accordance with the provisions of Section 5.4.4(B), or (c) During the installation or construction of a permanent unit on the same lot, as provided in Section 5.4.4 of this Ordinance, or 233 Article 6: Development Standards Section 6.2: Lot & Building Standards Orange County, North Carolina – Unified Development Ordinance Page 6-3 (d) Duplexes, on lots that have twice the required lot area of the zoning district. (B) Non-Residential (1) There shall be no more than one principal structure permitted by right on any non-residential zoning lot greater than two acres in size, unless: (a) pPermitted as a CU District or CZ District, or (b) tThe zoning lot is located within an Economic Development District, Commercial Transition Activity Node, Commercial-Industrial Transition Activity Node, Rural Neighborhood Activity Node, or Rural Community Activity Node, as designated by the Comprehensive Plan.; or (c) The structure(s) is/are located on a bona fide farm and is/are utilized for a use(s) that is/are marked with ^ in the Table of Permitted Uses (Section 5.2.1). 6.2.7 Corner Lot Setback on the Side Street Any corner lot of record in a residential zoning district abutting a side street shall meet the minimum required setbacks of the zoning district in which it is located; provided, however, that this requirement does not reduce the width of area suitable for building to less than 25 feet. Figure 6.2.7: Corner Lot Setbacks on Side Street 6.2.8 Additional Setbacks Required in for Non-Residential Lots Abutting Residential Zoning Districts In all non-residential zoning districts, except I-1, I-2, I-3, and EI, required side and rear setbacks adjacent to residentially zoned land, shall be equal to the required side or rear setback of the adjacent residential district. 6.2.9 Permitted Projections Into Required Open Space (A) Certain architectural features, such as cornices, eaves and gutters, may project into the required open space as follows: 234 Article 6: Development Standards Section 6.4: Performance Standards The following general provisions are applicable to MPD-CZ applications and each permitted use, special use, accessory use, and conditional use in Economic Development Districts: (1) All uses and activities must provide secure, safe, and sanitary facilities for the storage and pickup of solid waste and recyclables. Such facilities must be convenient to collection and must be appropriate to the type and size of use or activity being served. (2) All solid waste and recyclables storage facilities must be screened in accordance with Sections 6.4 and 6.8. of this Ordinance. (3) All uses and activities must remove recyclable materials from the solid waste generated and make them available for recycling. Recyclable materials, consisting of glass, metal cans, plastic containers, corrugated cardboard and white office paper, newspapers, and motor oil, must not be mixed with or disposed of with other solid waste. (4) All uses and activities shall remove or cause to be removed all solid wastes from the site or property before harborage of such waste creates a health hazard. (5) Each Master Plan and site plan must be accompanied by Solid Waste Management Plan, including a recycling plan and a plan for the management of construction and land clearing debris. The recycling plan must provide information regarding the type and quantity of recyclable materials generated each month, and the facilities to be provided for collection and storage. Management plans for construction and land clearing debris must identify the type and quantity of debris as well as its disposal location. 6.4.10 Service & Outdoor Storage (A) General Standards (1) Building service and loading areas must be conveniently located and accessible for normal service and maintenance needs, including the provision of adequate turning radii and parking areas for service vehicles. Such areas are to be located at the side or rear of the principal building(s), and designed so that all service and loading operations occur within the confines of the building site. (2) Outdoor storage shall be located only to the side and rear of a building. No outdoor storage is permitted to the front of a building. (3) If located adjacent to residentially zoned property, outside storage areas shall be screened from view of the residentially zoned property and shall be located a minimum of 100 feet from the property line.29 (B) Additional Standards in Economic Development Districts (1) Exterior storage for materials, supplies, and equipment may only be located at the side or rear of a building and only in totally enclosed screened areas. Exterior storage areas must never be located to the front of any building unless screened from view through the use of fencing, walls and/or landscaping, in accordance with Section 6.8 of this Ordinance. 29 While not only related to ASE uses, staff is suggesting the language regarding outdoor storage be included at this time because it is a direction Orange County has been going for several years in regards to outdoor storage areas. Staff is specifically noting that including the language in this section will make it apply in all commercial, industrial, economic development, and conditional districts (See 6.4.1(B)). If not included as part of this amendment package, additional standards (Article 5) may need to be added for some uses. Orange County, North Carolina – Unified Development Ordinance Page 6-15 235 Article 6: Development Standards Section 6.8: Landscaping, Buffers & Tree Protection (2) The Planning Director may conduct inspections to monitor the health and status of the required landscaping. 6.8.6 Land Use Buffers (A) Purpose Land use buffers are intended to screen and buffer lower intensity/density uses from incompatible higher intensity/density land uses. Buffers reduce adverse visual effects, as well as noise, dust, and odor. (B) Applicability Land use buffers will be required based on the zoning district of the proposed use and the zoning district of the adjacent uses. (C) Location (1) Required land use buffers shall be located along the interior or street lot lines nearest the adjacent streets, land uses and/or zoning designations. Buffers shall not be located on any portion of an existing or proposed street right of way, drainage or utility easement. (2) No building or structure of any type shall be erected, constructed or installed in a required land use buffer. (D) Land Use Buffer Table TABLE 6.8.6.D: LAND USE BUFFERS ZONING OR USE OF ADJACENT PROPERTIES RB , AR , RI R- 2, R- 3 R- 4, R- 5 R- 8, R- 13 MH P -CZ O/ I, NC -2, LC -1 CC -3, G C -4, EC - 5 EI , I- 1, I- 2, I- 3, PI D INT E R S T A T E HIG H W A Y ART E R I A L STR E E T COL L E C T O R STR E E T ACT I V E FAR M / AGR I C U L T U R E Zo n i n g o r U s e o f S u b j e c t P r o p e r t y 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 R-4 & R-5 A A - B F C E E F C B B R-8 & R-13 B B B - F B D D F C B B MHP-CZ F F F F - F F F F F F F O/I, NC-2, LC-1 E D C B F - - - F B B D CC-3, GC-4, EC-5 F F E D F - - - F B B D EI, I-1, I-2, I-3, PID F F E E F - - - F B B D AS, ASE-CZ 30 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 30 The AS zoning district does not currently appear on this chart. Staff is suggesting the AS zoning district be added to the chart to require that property zoned AS is also required to provide a buffer. Orange County, North Carolina – Unified Development Ordinance Page 6-43 236 Article 6: Development Standards Section 6.8: Landscaping, Buffers & Tree Protection (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. TABLE 6.8.6.F: BUFFER TYPES BUFFER TYPE MINIMUM WIDTH OPTION 1 MIXED OPTION 2 DECIDUOUS OPTION 3 EVERGREEN OPTION 4 OVERHEAD UTILITY Plant Material Required Per 100 Linear Feet A 20 1 Canopy Tree 0 Evergreen Tree 1 Deciduous Understory 2 Evergreen Understory 13 Shrubs Tree 2 Canopy Tree 0 Evergreen Tree 2 Deciduous Understory 0 Evergreen Understory 12 Shrubs Tree 0 Canopy Tree 2 Evergreen Tree 0 Deciduous Understory 3 Evergreen Understory 13 Shrubs Tree 0 Canopy Tree 0 Evergreen Tree 3 Deciduous Understory 2 Evergreen Understory 10 Shrubs Tree B 30 1 Canopy Tree 0 Evergreen Tree 1 Deciduous Understory 2 Evergreen Understory 13 Shrubs Tree 2 Canopy Tree 0 Evergreen Tree 2 Deciduous Understory 0 Evergreen Understory 12 Shrubs Tree 0 Canopy Tree 2 Evergreen Tree 0 Deciduous Understory 3 Evergreen Understory 13 Shrubs Tree 0 Canopy Tree 0 Evergreen Tree 3 Deciduous Understory 2 Evergreen Understory 10 Shrubs Tree C 40 3 Canopy Tree 1 Evergreen Tree 2 Deciduous Understory 5 Evergreen Understory 40 Shrubs Tree 3 Canopy Tree 1 Evergreen Tree 2 Deciduous Understory 5 Evergreen Understory 40 Shrubs Tree 0 Canopy Tree 4Evergreen Tree 0 Deciduous Understory 9 Evergreen Understory 38 Shrubs Tree 0 Canopy Tree 0 Evergreen Tree 7 Deciduous Understory 5 Evergreen Understory 30 Shrubs Tree D 50 6 Canopy Tree 1 Evergreen Tree 4 Deciduous Understory 9 Evergreen Understory 70 Shrubs Tree 7 Canopy Tree 0 Evergreen Tree 10 Deciduous Understory 0 Evergreen Understory 67 Shrubs Tree 0 Canopy Tree 7 Evergreen Tree 0 Deciduous Understory 16 Evergreen Understory 68 Shrubs Tree 0 Canopy Tree 0 Evergreen Tree 12 Deciduous Understory 9 Evergreen Understory 53 Shrubs Tree Orange County, North Carolina – Unified Development Ordinance Page 6-44 237 Article 6: Development Standards Section 6.8: Landscaping, Buffers & Tree Protection TABLE 6.8.6.F: BUFFER TYPES BUFFER TYPE MINIMUM WIDTH OPTION 1 MIXED OPTION 2 DECIDUOUS OPTION 3 EVERGREEN OPTION 4 OVERHEAD UTILITY Plant Material Required Per 100 Linear Feet E 75 6 Canopy Tree 1 Evergreen Tree 4 Deciduous Understory 10 Evergreen Understory 77 Shrubs Tree 8 Canopy Tree 0 Evergreen Tree 11 Deciduous Understory 0 Evergreen Understory 73 Shrubs Tree 0 Canopy Tree 8 Evergreen Tree 0 Deciduous Understory 17 Evergreen Understory 74 Shrubs Tree 0 Canopy Tree 0 Evergreen Tree 13 Deciduous Understory 10 Evergreen Understory 58 Shrubs Tree F 100 7 Canopy Tree 1 Evergreen Tree 5 Deciduous Understory 12 Evergreen Understory 85 Shrubs Tree 10 Canopy Tree 0 Evergreen Tree 13 Deciduous Understory 0 Evergreen Understory 80 Shrubs Tree 0 Canopy Tree 10 Evergreen Tree 0 Deciduous Understory 20 Evergreen Understory 83 Shrubs Tree 0 Canopy Tree 0 Evergreen Tree 16 Deciduous Understory 12 Evergreen Understory 65 Shrubs Tree 6.8.7 Planting Requirements (A) Street Trees (1) Street trees shall be required at the rate of one canopy tree and one understory, either deciduous or evergreen, tree for every 65 feet of street frontage along existing and proposed public and private streets, not including alleys. (2) To enhance the natural appearance in the rural areas of the County, canopy and understory trees shall be planted, and clustering is encouraged. However, there must be at least one tree every 100 feet of street frontage. (3) In all developments subject to the provisions of this section, the developer shall either retain or plant trees within the front yard setback along all existing and proposed street frontages, public and private, except for alleys. (4) If a conflict exists with public utilities, alternate plantings consisting of a greater number of understory trees will be permitted. (5) Street trees shall be of a species included on the Planning Director’s list of acceptable street tree species. (B) Between Lot Plantings (1) Where a land use buffer is not required, a landscape area ten feet in width exclusive of drainage and/or utility easements shall be provided along the interior side and rear lot lines of each lot being developed. If there are no existing trees, the developer shall provide a minimum of one tree per one thousand square feet of land contained within the ten foot landscape area. Orange County, North Carolina – Unified Development Ordinance Page 6-45 238 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS AGRICULTURAL USES Agricultural Processing Facility One space per employee plus one space per 200 square feet of any accessory retail sales area Agricultural Processing Facility, Community One space per employee plus one space per 200 square feet of any accessory retail sales area Agricultural Service Uses One space per 400 square feet of gross floor area Cold Storage Facility One space per employee Community Farmers’ Market One space per 200 square feet of gross floor/selling area or a minimum of five spaces, whichever is greater Composting Operation One space per employee Cooperative Farm Stand One space per 200 square feet of gross floor/selling area or a minimum of five spaces, whichever is greater Equestrian Center One space per horse stall plus one space per employee plus one space per 4 spectator seats Farm Equipment Rental, & Sales and Service One space per 400 square feet of gross floor area Farm Supply Store One space per 300 square feet of gross floor area Feed, Seed, Storage and Processing Mill One space per employee on shift of maximum employment Commercial Feeder Operation One space per employee on shift of maximum employment Greenhouses with (On Premises Sales) One space per 400 square feet of gross floor area Meat Processing Facility One space per employee Stables, Commercial One space per three horses (or other equine) kept on site Stockyards / Livestock Markets One space per employee plus one space per 4 spectator seats OR one space per employee plus one space per 50 square feet of event area, whichever is greater CHILD CARE AND EDUCATIONAL FACILITIES Child Care Facilities One space per staff member and one space per five children Daycare Center in a Residence One space per staff member and one space per five children Schools: Elementary, Middle & Secondary One space per staff member One space per staff member and One space per four students Schools: Vocational One space per two students Schools: Dance, Art & Music One space per four students Universities, Colleges and Institutes One space per three students at design capacity of building(s) Libraries One space per four seats COMMERCIAL USES Adult Uses One space per 200 square feet of gross floor area Banks & Financial Institutions One space per 200 square feet of gross floor area; plus five stacking spaces per drive-in window Beauty & Barber Shops One space per 200 square feet Country Store One space per 300 square feet of gross floor area Drive-In Theaters no requirement Funeral Homes One space per four seats Garden Center with On Premise Sales One space per 300 square feet of gross floor area Greenhouses (No On Premises Sales) One space per employee on shift of maximum employment Greenhouses (On Premises Sales) One space per 400 square feet of gross floor area Hotels, Motels, Motor Lodges One space per lodging unit, plus one space per employee Orange County, North Carolina – Unified Development Ordinance Page 6-56 239 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Junkyards One space per employee on shift of maximum employment Kennels/Riding Stables One space per four pens or stalls Laundry & Dry Cleaning Services One space per 300 square feet of gross floor area Metal Fabrication Shop One space per employee Microbrewery with Minor Events One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area Microbrewery with Major Events One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area Night Clubs, Bars, Pubs One space per four seats Offices and Personal Services, Class 1 One space per 300 square feet of gross floor area Offices and Personal Services, Class 2 One space per 300 square feet of gross floor area Offices and Personal Services, Class 3 One space per 300 square feet of gross floor area Repair Services: Electronic & Appliance One space per 300 square feet of gross floor area Restaurants: Carry Out 15 spaces plus one space per 50 square feet of gross floor area Restaurants: Drive-In 15 spaces, plus one space per 50 square feet of gross floor area Restaurants: General One space per four seats or one space for every 50 feet of floor area for public use, whichever is greater Retail trade, Class 1 One space per 300 square feet of gross floor area Retail trade, Class 2 One space per 300 square feet of gross floor area Retail trade, Class 3 One space per 200 square feet of gross floor area Rural Guest Establishments: Bed & Breakfast One space per guest room, plus one space per employee, plus two spaces for the residence Rural Guest Establishments: Bed & Breakfast Inn One space per guest room, plus one space per employee, plus two spaces for the residence Rural Guest Establishments: Country Inn One space per guest room, plus one space per employee, plus one space for every four seats in the restaurant, plus two spaces for the residence (if applicable) Storage & Warehouse: Inside Building One space per employee Storage of Goods: Outdoor One space per employee Taxidermy One space per 400 square feet of gross floor area Tourist Home One space per lodging unit Wholesale Sales One space per employee on shift of maximum employment Winery with Minor Events One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area Winery with Major Events One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area EXTRACTIVE USES Extraction of Earth Products no requirement GOVERNMENTAL USE Governmental Protective Services One space per employee on the shift of maximum employment Police and Fire Stations no requirement Military Installations (National Guard & Reserve Armory) no requirement MANUFACTURING, ASSEMBLY & PROCESSING Industrial, Light One space per employee on the shift of maximum employment Industrial, Medium One space per employee on the shift of maximum employment Orange County, North Carolina – Unified Development Ordinance Page 6-57 240 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Industrial, Heavy One space per employee on the shift of maximum employment Metal Fabrication Shop One space per employee Microbrewery, production only One space per employee Printing and Lithography One space per employee Sawmills One space per employee Winery, production only One space per employee MEDICAL USES Animal Veterinary Hospitals; Veterinarians One space per 200 square feet of gross floor area Health Services; Under 10,000 Square Feet One space per 300 square feet of gross floor area Health Services; Over 10,000 Square Feet One space per 200 square feet of gross floor area Hospitals One space per 4 four beds Veterinary Clinic One space per employee plus one space per 300 square feet of gross floor area Veterinary Clinic, mobile One space per employee RECREATIONAL USES Amusement Areas One space per 50 square feet Athletic Field Ten spaces per field Basketball Court Five spaces per court Billiard or Pool Hall Two spaces per table Botanical Gardens & Arboretums Two spaces per acre Bowling Establishment Three spaces per lane Camp / Retreat Center Five spaces for first two acres of recreation space and one space for each additional acre thereafter Golf Courses Two spaces per tee Guest Ranch One space per guest room, plus one space per employee. Additional parking may be required based on facilities and uses proposed. Health Exercise Facility One space per 50 square feet Pitch and Putt Courses Two spaces per tee Shooting Ranges One space per target area Skating Rink One space per 200 square feet Subdivisions - Private Recreational Facilities Five off-street parking spaces for first two acres of each recreational site plus one space for each additional acre thereafter Dedicated Recreational Land Swimming Pool One space for every five patrons, based on maximum design capacity Soccer Fields, Ball Fields Eight spaces per acre Tennis, Handball, Racquet Ball Courts Two spaces per court Basketball Courts Five spaces per court Picnic Shelter Area One space for every ten patrons, based on maximum design capacity Swimming Pool One space per 140 square feet Tennis, squash, Handball or Racquet Ball Court Two spaces for every court RESIDENTIAL USES Dwelling, Multi-family: One space per dwelling unit Orange County, North Carolina – Unified Development Ordinance Page 6-58 241 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Efficiency One bedroom Two bedroom One and one-half space per dwelling unit Two spaces per dwelling unit Dwelling, Single Family One space per dwelling unit Dwelling, Two Family One space per dwelling unit Family Care Facilities One space per three residents; One space per employee on the shift of maximum employment Group Care Facilities One space per two beds; One space per employee on shift of the maximum employment Membership Lodges (Sororities and fraternities) One space per lodging resident member Mobile Homes One space per unit Rehabilitative Care Facility One space per two beds; One space per staff member Rooming House One space per lodging unit TEMPORARY USES Buildings; Portable See appropriate uses TRANSPORTATION Bus Passenger Shelters no requirement Bus Terminals and Garages no requirement Motor Freight Terminals One space per employee Motor Vehicle Maintenance & Repair (Body Shop) One space per each service bay and mechanic Motor Vehicle Sales Rental (New and Used) One space per 400 square feet of gross floor area Motor Vehicles Service Stations One space per each service bay and mechanic Parking as Principle Use Surface or Structure no requirement Petroleum Products: Storage and Distribution One space per employee Postal and Parcel Delivery Services One space per employee on shift of maximum employment and one space per 800 square feet of gross floor area UTILITIES Public Utility Stations & Substations, Pumping Stations, Switching Stations, Telephone Exchanges no requirement Radio & Television Transmitting & Receiving Towers, Water Treatment & Sanitary Sewage Treatment Plants, Elevated Water Storage Tanks no requirement Transmission Lines no requirement WASTE MANAGEMENT Landfills (2 acres or more) no requirement Waste Management Facility, Hazardous and Toxic One space per employee on shift of maximum employment MISCELLANEOUS Airport General Aviation One space per four air vehicles Assembly Facility Greater than 300 One space per two seats Assembly Facility Less than 300 One space per two seats Cemetery no requirement Orange County, North Carolina – Unified Development Ordinance Page 6-59 242 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Church One space per four seats Clubs or Lodges, Social One space per three members Community Center One space per 400 square feet of gross floor area Crematoria One space per employee Research Facility One space per employee Research Lands & Installations , Non-Profit no requirement Rural Heritage Museum One space per 400 square feet of gross floor area Rural Special Events One space per employee plus one space for 50 square feet of event area 6.9.8 Determination For Unlisted Uses The Planning Director shall make a determination of the minimum required off-street parking spaces for uses not specifically listed in this Section. In reaching the determination, the Planning Director may consider the following: (1) Requirements for similar uses, (2) The number and kind of vehicles likely to be attracted to the proposed use, and (3) Studies of the parking requirements of such uses in other jurisdictions. 6.9.9 Fractional Results When the number of parking spaces required by this Section results in a fractional space, any fraction of less than one-half may be disregarded; a fraction of one-half or more shall be counted as one parking space. 6.9.10 Off-Street Parking Design Standards (A) Standard Parking Spaces (1) Each parking space shall have a minimum area of 180 square feet and have a minimum width of 9 feet. (2) Wheel stops or curbs may be required to prevent encroachment on pedestrian ways and/or landscaping. Orange County, North Carolina – Unified Development Ordinance Page 6-60 243 DEFINITIONS Related to Agricultural Support Enterprises In an effort to minimize the number of pages for the amendment package, relevant definitions have been extracted from the UDO and proposed new definitions are listed as a group. After approval, the definitions will be inserted alphabetically into Article 10 of the UDO. Revised Definitions of Existing Terms: Commercial Feeder Operation 1 An intensive animal raising operation that takes place within a building. None of the feed is produced on the tract, and the processing is fully or partly automated. Riding Stable, Commercial A commercial facility where horses are sheltered, fed, groomed, boarded, trained, ridden, or bred. Typical accessory uses may include riding instruction, horse shows and auctions, a tack shop, and storage of feed and supplies. The operator of a riding stable shall be allowed to reside on the property to ensure the continuous care of the animals kept on-site. An establishment for boarding, breeding, training or raising of horses, ponies, mules, and/or donkeys for a fee; and/or rental of horses, ponies, mules, and/or donkeys for riding, driving, and/or instruction. Exercise rings shall be considered accessory uses to a commercial stable. Smaller scale events, such as horse shows expected to generate less than 80 traffic trips per day, may be held no more often than once per month. The operator of a commercial stable may reside on the property to ensure the continuous care of animals kept on the site. Proposed Definitions for New Terms: Agricultural Processing Facility, Community A facility utilized for the processing of produce and/or other commodities produced by no more than 5 cooperative farm partners for the consumption of others (e.g. small canning operation); Activities shall include, but may not be limited to, canning, dehydrations, washing, cutting or basic preparation of raw produce but does not include processing of live animals (see Meat Processing Facility). May include accessory retail sales of products processed on-site. Agricultural Processing Facility A facility utilized for the processing and packaging of produce and/or other commodities for transport to off-site wholesale or retail establishments. Facilities may be utilized by farm-based producers, restaurateurs, caterers, food entrepreneurs, and the like. Activities shall include, but may not be limited to, canning, dehydrations, washing, cutting or basic preparation of raw produce.prior to shipment but does not include processing of live animals (see Meat Processing Facility). May include accessory retail sales of products processed on-site. Agritourism A business directly related or incidental to agricultural activities occurring on the bona fide farm on which it is located and conducted for the enjoyment or education of the public. 1 This is considered a bona fide farm operation under State Statutes and cannot be regulated with zoning so staff is suggesting it be deleted from the UDO. 244 Cold Storage Facility A facility used to warehouse perishable foods and products prior to transport. Community Farmers’ Market An enclosed or open-air facility for the retail sale of locally produced vegetables, flowers, meats, commodities, plants, crafts, etc. For the purpose of this definition, “local” means Orange County and counties that share a border with Orange County. Composting Operation A facility designed and used for transforming food, yard waste and other organic material into soil or fertilizer through biological decomposition. This does not include backyard composting bins serving individual families. Cooperative Farm Partner A local farmer or producer of agricultural products who forms a business arrangement with other local farmers and/or producers to collectively process, market, and/or sell agricultural goods. For the purpose of this definition, “local” means Orange County and counties that share a border with Orange County. Cooperative Farm Stand An open-air facility, located on a bona fide farm, for the retail sale of produce, agricultural products, and/ or plants produced on-site and from not more than 4 other cooperative farm partners.2 Country Store An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of merchandise, which must include locally produced products. For the purpose of this definition, “local” means Orange County and counties that share a border with Orange County. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Farm Equipment, Non-Farm Use of Commercial use of the farm equipment owned/leased by, and stored on, a bona fide farm for non-farming activities away from the a bona fide farm. Examples include grading services and landscaping services.3 Farm Equipment Rental, Sales and Service An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment, including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other large, heavy-duty types of equipment used in the construction or farming industries but not including horse trailers, trucks, or other vehicles designed for use on public roads. Farm Supply Store An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products, and the like may be an ancillary activity. 2 The County Attorney’s office has advised that this language is legally insufficient and must be removed. 3 The County Attorney’s office has advised that this language is legally insufficient and must be revised as shown. 245 Feed Mill A building with machinery and apparatus for grinding and/or bagging grain. Guest Ranch A rural lodge providing overnight accommodations for transient guests seeking a vacation experience characteristic to that of a rural ranch; onsite facilities may include lodge or cabin accommodations, dining facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing holes and swimming facilities. Meat Processing Facility, Community A smaller scale facility, located on a bona fide farm, where livestock or wildlife is slaughtered, processed, and packaged for personal consumption and/or wholesale or retail sale. The livestock must be raised on the subject farm and from 1 to 4 other cooperative farm partners.4 Meat Processing Facility, Regional A larger scale facility where livestock is slaughtered, processed, and prepared for distribution for wholesale or retail sale. Metal Fabrication Shop A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale. Microbrewery, production only A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm and using primarily crops produced on-site. Microbrewery with Minor Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or off-site with limited hours for tours of the facility and tastings of the products produced on-site, and small periodic events that are expected to attract fewer than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Microbrewery with Major Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or off-site with tours of the facility, tastings of the products produced on-site, and periodic events that are expected to attract more than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Rural Heritage Museum A facility which stores and exhibits objects of historical, agricultural, and/or cultural interest for the purpose of educating the public about the rural heritage of Orange County and surrounding areas. Rural Special Event A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to attract more than 20 people at any given time. Saw Mill A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood products; not including the processing of timber for use on the same parcel of property. 4 The County Attorney’s office has advised that this language is legally insufficient and must be removed. 246 Stockyard / Livestock Market A facility where livestock are kept temporarily awaiting purchase and/or transport; such facilities may include enclosed pavilions, grandstands, paddocks, and stalls. Taxidermy The practice of preparing and preserving the skins of animals and of stuffing and mounting them in lifelike form. Veterinary Clinic A facility staffed by at least one licensed veterinarian for the care and treatment of large and/or small animals. Such facilities may include grooming and short-term boarding as incidental uses. Veterinary Clinic, mobile A mobile medical facility staffed by one or more licensed veterinarians to provide care, diagnosis, and treatment of animals in need of medical or surgical attention. Veterinary Hospital A facility staffed by at least one licensed veterinarian for the specialized treatment of large and/or small animals. Said facilities may provide emergency medical services during and outside of normal business hours. Overnight care may be provided when it is necessary for the medical treatment of the animal. Winery, production only A facility utilized for making wines for wholesale or retail sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm and using primarily crops produced on-site. Winery with Minor Events A facility utilized for making wines for consumption on- or off-site with limited hours for tours of the facility and tastings of the products produced on-site, and small periodic events that are expected to attract fewer than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Winery with Major Events A facility utilized for making wines for consumption on- or off-site with tours of the facility, tastings of the products produced on-site, and periodic events that are expected to attract more than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Relevant Existing Terms, no changes proposed: Agricultural Services Commercial activities offering goods and services which support production of agricultural products or processing of those products to make them marketable. Examples include, but are not limited to, soil preparation, animal and farm management, landscaping and horticultural services, specialized commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm/garden products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith, welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting halls, storage of agricultural supplies and products, and processing plants for agricultural products including wineries and canneries. 247 Camp A recreation use which may include locations for tents, cabins, or other recreational sleeping structures, but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not-for- profit corporation. Farming The use of land consistent with the State of North Carolina’s definition of farming, as contained in the General Statutes. Farm, Bona Fide The use of land meeting the criteria for “Farm” as defined by the State of North Carolina in the General Statutes. Garden Center Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home landscaping. Typical products include, but not limited to, decorative stone, garden ornaments, decorative pots, container plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such as Christmas trees, pumpkins and flowers are permitted in the outdoor display area. Retreat Center A new or existing facility operated by a corporation or association of persons or churches for social and recreational purposes. A retreat center may be owned by a profit or not-for-profit corporation. Rural Guest Establishments A temporary lodging facility that is compatible to the primary land use of agriculture, forestry, open space, or otherwise rural residential activities. Rural guest establishments consist of three subcategories based on intensity and permit requirements, Bed and Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below. A. Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and volume of paying guests is incidental to the primary use of the building as a private residence. One to three guestrooms are made available to transient visitors. The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Zoning Permit) B. Bed and Breakfast Inn: A business operated in a structure which is used primarily for providing overnight accommodations to the public, even though the owner or manager lives on the premises. The number of guestrooms may range from four to no more than eight. The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Class B SUP) C. Country Inn: A business, which offers accommodations and dining in a predominately rural area. Overnight accommodations are available, and a full-service restaurant provides breakfast, lunch and dinner to guests and the general public. The number of guestrooms may range from four to no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP) 248 2030 Comprehensive Plan Amendments 249 Appendix F: Land Use and Zoning Matrix Orange County Comprehensive Plan Page F-1 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-13 (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 O/I (Office/ Institutional). 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); I-2 (Medium Industrial); I-3 (Heavy 250 Appendix F: Land Use and Zoning Matrix Orange County Comprehensive Plan Page F-2 Industrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3 (Community Commercial); GC-4 (General Commercial); and O/I (Office/Institutional). 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), EDH-5 (Economic Development Hillsborough Office/Flex). RURAL LAND USE CLASSIFICATIONS RURAL BUFFER Only very low density residential and agricultural 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). 251 App en dix F: La n d Use a n d Zoning Matr ix Orange Co un ty Co mprehensi ve Pla n Page F-5 ZONING DISTRICTS RB AR R- 1 R- 2 R- 3 , R- 4 R- 5 , R - 8 , R- 1 3 LC - 1 NC -2 CC -3 GC - 4 EC - 5 0/I I- 1 I- 2 I- 3 EI ED B - 1 , E D B - 2 , E DE - 1 , ED E - 2 , E D H - 1 , ED H - 2 , ED H - 3 , E D H - 4, ED H - 5 AS Spec i a l Z o n in g O ve r l a y Dis tr i c t PI D AS E -CZ MP D -CZ MH P - C Z Land Use Classifications & Overlays Tr a n s i t i o n Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement- Contact appropriate Municipality for applicable Zoning Standards Carrboro Transition 10-Year Transition ♦ ♦ ♦ ♦ ♦ ♦ ♦ 20-Year Transitio n ♦ ♦ ♦ ♦ ♦ ♦ Commercial Transition Activ ity Node ♦ ♦ ♦ ♦ ♦ ♦ ♦ Co mmercial-Industrial Transition Activ ity Node ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Ec ono mic Dev elopment Transitio n Activ ity Node ♦ ♦ Rural Rural Buffer ♦ ♦ ♦ Rural Residential ♦ ♦ ♦ Agricultural Residential ♦ ♦ ♦ ♦ Rural Community Activity Node ♦ ♦ ♦ ♦ Rural Neig hborhood Activity No de ♦ ♦ ♦ Rural Indus trial Activ ity No de ♦ ♦ Over lay Public Interest Area ♦ 252 APPROVED 4/15/2014 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING February 24, 2014 7:00 P.M. The Orange County Board of Commissioners met with the Orange County Planning Board for a Quarterly Public Hearing on February 24, 2014 at 7:00 p.m. at the DSS Officers, Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney) COUNTY STAFF PRESENT: Interim County Manager Michael Talbert and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Planning Board members Maxecine Mitchell, Johnny Randall, Paul Guthrie, Herman Staats, Tony Blake, and H.T. “Buddy” Hartley PLANNING BOARD MEMBERS ABSENT: Chair Pete Hallenbeck, Lisa Stuckey, Andrea Rohrbacher and James Lea Chair Jacobs called the meeting to order at 7:03 pm. He reviewed the following items at the members’ places: - Booklet/Blue Sheets/Cream Sheets/PowerPoint – Item C-1 – Class A Special Use Permit - Letter – Item C-3 - Unified Development Ordinance (UDO) Text Amendment A. OPENING REMARKS FROM THE CHAIRS B. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS ********************************** 6. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text Amendments - To review government-initiated amendments to the text of the UDO to establish a zoning program commonly referred to as Agricultural Support Enterprises (ASE) within the Rural Buffer land use classification. Perdita Holtz reviewed the following PowerPoint slides: Agricultural Support Enterprises Within the Rural Buffer Land Use Classification Quarterly Public Hearing February 24, 2014 Item C.6 Excerpt of Minutes Attachment 3 253 Purpose of Amendment • Allow appropriate agricultural support enterprises within the Rural Buffer land use classification • Will augment allowable uses famers can pursue in order to generate additional farm-related income while minimizing any adverse impacts on adjoining property • Intent is to better enable farmers to keep farming which will help preserve the rural heritage of Orange County, including the geographic area that comprises the Rural Buffer • Balance between rights of property owner and rights of neighboring property owners Two Proposed ASE Amendments • Outside of Rural Buffer land use classification • Within Rural Buffer land use classification • Requires amendments to Joint Planning Area documents • Orange County, Towns of Chapel Hill & Carrboro must approve JPA amendments • March 27, 2014 joint planning public hearing • JPA documents must be amended before these proposed UDO/Comprehensive Plan changes can be adopted by Orange County • Will be on longer review/approval timeframe • The more intensive uses could not be considered in the Rural Buffer, under the current proposal Unified Development Ordinance & Comprehensive Plan Amendments • Only a few changes/additions would be necessary to the ASE text applicable outside of the Rural Buffer to allow ASE uses within the Rural Buffer • District chart in Article 3 • Additions to RB zoning district in Table of Permitted Uses for General Use Zoning Districts • Noting that some uses shall not be approved in the ASE-CZ if located in the Rural Buffer • Additions to some of the use-specific standards in Article 5 • Comprehensive Plan amendment to allow new ASE-CZ zoning district in the Rural Buffer land use category Project Review/Approval Process • Depends on use being proposed within the Rural Buffer • Three basic processes: • Staff review/approval • Special Use Permit • Class B is reviewed/approved by Board of Adjustment • Class A is reviewed/approved by Board of County Commissioners (none in RB) • Rezoning • General Use district (not applicable in the Rural Buffer) • Conditional district (including proposed ASE-CZ) • All projects within the Rural Buffer are sent to JPA partners for review and comment, in accordance with the JPA Agreement Permitted Outright vs. SUP or Conditional Zoning 254 • Less intensive uses added to the Table of Permitted Uses as permitted outright • Subject to use-specific and general development standards • Community Agricultural Processing Facility • Community Farmers Market • Cooperative Farm Stand • Community Meat Processing Facility • Non-Farm Use of Farm Equipment • Rural Special Events • Staff approval • More intensive uses must be permitted through either the Special Use Permit process or rezoned as an ASE-CZ • Class B Special Use Permit • Microbrewery with Minor Events • Winery with Minor Events • Microbrewery, Production Only • Winery, Production Only • Rural Heritage Museum • Special Use Permits are “quasi-judicial” proceedings • Public Hearing • Decided on a case-by-case basis with public input (“evidence”) Conditional Zoning District (ASE-CZ) Some of the more intensive uses that can be applied for as an ASE-CZ could not be applied for in the Rural Buffer • Composting Operation with grinding • Regional Meat Processing Facility • Stockyards/Livestock Markets • Sawmills • Both Agricultural Preservation Board and Planning Board Ordinance Review Committee agree on removing these uses from consideration in the Rural Buffer Conditional Zoning District (ASE-CZ) • Conditional zoning districts allow projects to be considered on a case-by-case, site- specific basis • Rezoning (legislative process) with public hearing • Acknowledges that there are places where a specific type of use may be appropriate whereas it would not be in a different site-specific situation • BOCC has final decision on whether a proposed use(s) is compatible with surrounding uses • Mutually agreed upon conditions can be imposed as part of the approval process • Allows tailoring of project to a specific site • Table of Permitted Uses lists the types of uses that can be applied for as an ASE-CZ JPA Review November 21, 2013 Assembly of Governments meeting to discuss with elected officials Amendment Package sent to JPA partners on January 17, 2014 • To date, no comments have been received Public Notification • Completed in accordance with Section 2.8.7 of the UDO  Newspaper legal ads for 2 successive weeks 255 • Held Public Information Meeting on February 17 (was postponed from advertised date of February 13)  Flyers posted  Press Release • Has been a topic on a few agendas in the past year  BOCC (including Assembly of Governments)  Planning Board  Agricultural Preservation Board • Planning website posting on January 24 Recommendation • Receive the proposal to amend the Comprehensive Plan and Unified Development Ordinance. • Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on the proposed amendment. • Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the September 4, 2014 BOCC regular meeting. • Adjourn the public hearing until September 4, 2014 in order to receive and accept the Planning Board’s recommendation and any submitted written comments. - - - - - - - - - - - - - - - - - Commissioner Gordon referred to the use specific standards chart and asked why this is not included in the rural buffer section. Perdita Holtz said the standards are the same in the rural buffer as they are in the agricultural residential. She referred to the amendment package, in article 5 and said any amendments in red are just adding RB to a few sections. She said the standards are the same, and there has been no re-write of standards to make it pertain to the rural buffer. Commissioner Gordon asked how the Planning Board consideration interfaces with the joint planning consideration. Perdita Holtz said, within the rural buffer, the planning board will make a recommendation on the JPA amendments as well. She said the planning board will be briefed on this in April, and information will be shared from the public hearing, planned for March 27th. She said the UDO revisions being considered tonight will be on the April planning board agenda for them to make a recommendation as well. Commissioner Gordon said the recommendation will be made with just the hearing comments, but not with the comments from the jurisdictions. Perdita Holtz said the UDO amendments are not what are being heard at the March 27th joint public hearing; this is to hear amendments to the joint planning land use plan and agreement, and there are very few amendments that need to occur. Commissioner Gordon asked for a memo listing those amendments. Perdita Holtz said this can be done. Commissioner Gordon asked when the input on the UDO from the Chapel Hill and Carrboro public officials will come. Perdita Holtz said public officials don’t comment on UDO amendments unless staff wants to bring something to their attention. Commissioner Gordon asked when these comments are due. Perdita Holtz said these were due by tonight, but these will still be accepted while the public hearing process is going on. She said written comments can be submitted as part of the JPA process. 256 Chair Jacobs asked if there are any items in this proposal that have the same issues that the attorney and staff had in the previous proposal. Perdita Holtz said this is not due to come back until September, so this is not an issue. A motion was made by Commissioner Price, seconded by Commissioner Pelissier to: 1. Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the September 4, 2014 BOCC regular meeting. 2. Adjourn the public hearing until September 4, 2014 in order to receive and accept the Planning Board’s recommendation and any submitted written comments. VOTE: UNANIMOUS *************************************** 257