HomeMy WebLinkAboutAgenda - 10-20-20; 6-a - Zoning Atlas Amendment - Master Plan Development Conditional Zoning District (MPD-CZ) for the Research Triangle Logistics Park (RTLP)ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 20, 2020
Action Agenda
Item No. 6-a
SUBJECT: Zoning Atlas Amendment - Master Plan Development Conditional Zoning
District (MPD-CZ) for the Research Triangle Logistics Park (RTLP)
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Map Denoting Buffers
2. Memorandum from Staff Responding to
Environmental Comments
3. Statement of Consistency
4. Final Draft Conditions of Approval
UNDER SEPARATE COVER
5. Letter from Applicant Concerning
Conditions (To be provided prior to or at
the meeting)
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2592
PURPOSE: To finalize review and take action on an applicant initiated Zoning Atlas
Amendments for 3 parcels west of Old NC Highway 86/south of Interstate 40 to Master Plan
Development Conditional Zoning (MPD-CZ) district. Specifically, the Board will be finalizing on
an application submitted by Terra Equity Incorporated to rezone parcels within PIN numbers
9863-71-8857, 9863-91-6573, and 9862-99-8894:
FROM: MPD-CZ (Settlers Point), Major Transportation Corridor (MTC) Overlay
District, Rural Residential (R-1), and Rural Buffer (RB).
TO: MPD-CZ (Research Triangle Logistics Park), Major Transportation Corridor
(MTC) Overlay District, Rural Buffer (RB).
As indicated at the BOCC’s October 6 regular meeting, the public comment period for this item
closed at 9:00 a.m. on September 24, 2020. The BOCC will not be accepting any further public
comment on this item.
BACKGROUND: Review of this item began at the BOCC’s September 15, 2020 BOCC regular
meeting and concluded with the closure of the public hearing on September 22, 2020. Agenda
materials from the public hearing can be accessed at:
http://server3.co.orange.nc.us:8088/WebLink/Browse.aspx?startid=61357&row=1&dbid=0.
Video from the September 15 and 22, 2020 meetings can be accessed at:
https://www.orangecountync.gov/967/Meeting-Videos.
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At its October 6, 2020 meeting, the BOCC received the Planning Board’s recommendation(s)
and began deliberation on the proposal. Agenda materials can be accessed at:
http://server3.co.orange.nc.us:8088/WebLink/0/doc/63050/Page1.aspx.
Video from the meeting can be accessed at: https://www.orangecountync.gov/967/Meeting-
Videos.
During the meeting, Board members requested the following:
1. Elimination of driveway access onto Davis Road.
STAFF COMMENT: As indicated by the applicant on October 6, the proposed
drive access had been eliminated with all traffic utilizing Service Road. The
intersection would be improved to handle traffic flow, including installation of a
signal light.
A driveway cut is proposed for Davis Road for emergency/public utility vehicle use
only (i.e. no commercial or passenger vehicles).
2. Establish a 100 ft. perimeter land use buffer adjacent to residentially zoned parcels.
STAFF COMMENT: During Chair/Vice-Chair review of the agenda, staff was
requested to provide a map denoting required floodplain buffers and the
recommended 100 ft. perimeter buffer. This map is contained in Attachment 1.
The applicant has requested modification of the requested 100 ft. perimeter buffer
as follows:
• Reduce the buffer along the western property line to 50 ft. in areas where
there is established floodplain. This reduction would extend approximately
750 ft. along the common property line following the established floodplain
(map below):
PIN 9863718857
PIN 9863936843
50 ft. perimeter buffer
along identified
floodplain area
Approximately
750 ft.
Buffer increases to
100 ft. in width at
this point.
2
• Reduce the buffer along the southern property line to 50 ft. in order to
accommodate a roadway (map taken from Attachment 1). The reduction
would run approximately 750 ft. in length as noted on the aforementioned
map:
The Director had indicated his willingness to approve requested
modifications.
3. BOCC members wanted additional response(s) from staff addressing public comments
on the presence of protected and/or endangered species on the Property.
STAFF COMMENT: Staff’s response in contained in Attachment 2.
4. Establish uniform height measurement standards for the Project. As part of this
condition, BOCC members wanted to limit building height to 40 ft. for structures built on
the Davis Road property.
STAFF COMMENT: As staff has previously indicated, the Project will abide by
height requirements as detailed in the UDO. The condition(s) have been revised
and agreed to by the applicant, including limiting building height on the Davis Road
parcel.
5. Preserve landscaping along Davis Road.
STAFF COMMENT: The applicant voluntarily imposed a 120 ft. setback for
structures and a 50 ft. setback for driveways/access roads from Davis Road. No
parking will be allowed within 120 ft. from Davis Road.
6. Preserve a minimum of 30% open space for the Project.
STAFF COMMENT: Applicant agreed to this requirement.
7. Clarify language within the condition(s) associated with Energy Star certification and
incorporation of LED lighting.
STAFF COMMENT: Requested language has been added clarifying
recommended conditions.
8. Several BOCC members asked for condition(s) addressing the idling of vehicles.
STAFF COMMENT: Language has been included within the final draft list of
conditions as contained in Attachment 4.
9. Address interior lot line setback requirements.
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Staff has recommended the imposition of several conditions designed to address potential
impacts of the Project as well as concerns expressed by the general public. As previously
indicated, these conditions must mutually be agreed to by the applicant. Attachment 5 contains
a letter from the applicant on the proposed conditions.
Planning Director’s Recommendation: The Planning Director recommends approval of the:
1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable
and in the public interest as contained in Attachment 3.
2. Ordinance amending the Zoning Atlas, as well as imposing development conditions,
for the identified parcels as contained in Attachment 4.
Effect of Denial or Withdrawal: In the event the rezoning application is denied or withdrawn, it
should be noted that Section 2.2.8 of the UDO states that no application for the same or similar
amendment, affecting the same property or portion thereof, may be submitted for a period of
one year. The one year period begins on the date of denial or withdrawal.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services. Costs associated with advertising,
including the public hearing notice and mailings, were paid by the applicant in accordance with
the adopted Orange County Fee Schedule.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION: The Manager recommends the Board:
1. Review and discuss the conditions as necessary;
2. Approve the Statement of Consistency (Attachment 3), and
3. The Resolution Amending the Zoning Atlas and imposing conditions (Attachment 4).
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6
1
SERVICERD
Parcels
Regulatory floodway
1% Annual Chance ofFlooding (Previouslyreferred to as the 100-year flood zone)
0.2% Annual Chance ofFlooding (Previouslyreferred to as the 500-year flood zone)
Stream Buffer 80ft
Floodplain Buffer 80ft
Water Body Buffer 80ft
Water Body
USGS Stream
Soils Survey Stream
OC Updated Stream
±0 440 880220 Feet
1 in = 400 ft
100 ft. perimiter land use bufferand building/vehicle setback
100 ft. perimiter land use bufferand building/vehicle setback
100 ft. perimiter land use bufferand building/vehicle setback
100 ft. perimiter land use bufferand building/vehicle setback
Red hatched area denotes reductionof buffer to 50 ft. to accomodate accessroad.
As detailed in the legend, this hatchedblue line represents the floodplainbuffer per Section 6.13 of the UDO
As indicated in legend, theYellow area represents 0.2% Annual Chance of Flooding (floodplain buffermeasured from 1% Annual Chance offlooding area).
Required buffer (floodplain) obsecured by 0.2% Annual Chance of Flooding area.
Approximately 950 ft. ofundisturbed (protected) area
Approximately 990 ft. ofundisturbed (protected) area
Red hatched area denotes reductionof buffer to 50 ft. to accomodate accessroad and/or parking area.
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MEMORANDUM
TO: Board of County Commissioners
CC: Bonnie Hammersley, County Manager
Travis Myren, Deputy County Manager
Steve Brantley, Economic Development Director
FROM: David Stancil, DEAPR Director
Craig N. Benedict, Planning & Inspections Director
DATE: October 12, 2020
SUBJECT: BOCC Request for Clarification of Environmental Comments
Including Water Quality Measures and Natural Areas
During consideration of the Research Triangle Logistics Park Conditonal Zoning (RTLP-CZ),
both residents and interest organizations have commented on two primary environmental
concerns:
1) protection of a portion of a Natural Heritage Site located on the proposed RTLP
property; and
2) protection of water quality in an unnamed tributary to Cates Creek that is also located
within the project boundaries.
In response to these concerns, the Board of Commissioners requested that the Planning and
Development Department coordinate with the Department of Environment, Agriculture, Parks
and Recreation to further examine the extent to which the current project proposal protects these
existing natural features.
Natural Heritage Site
Natural Heritage Site E09 (Cates Creek Hardwood Forest) was originally identified in the 1988
Inventory of Natural Areas and Wildlife Habitats. The boundaries of this site were adjusted in
2004 to decrease the size of the Site to a total of 80.3 acres to reflect timber harvesting.
A portion of the Natural Heritage Site (5.6 acres) remains inside the southern and western
borders of the proposed RTLP project. Based on feedback from the Board of Commissioners,
Planning staff has worked with the developer to preserve a 100-foot vegetated buffer along the
southern and western boundaries of the RTLP site adjacent to the Natural Heritage area. This
100 foot, no build buffer will help to mitigate impacts on the Natural Heritage site located on and
adjacent to the RTLP site.
The Natural Heritage Program also recently provided notice of a State – listed threatened
freshwater mussel, the Notched Rainbow (Villosa constricta), to the north of the RTLP property
but within the unnamed tributary of Cates Creek that continues off the site. The floodplain and
stream buffer requirements contained in the RTLP conditons will provide a layer of protection
for the freshwater mussel species.
Water Quality in the Unnamed Tributary to Cates Creek
The RTLP MPD-CZ conditions provide three primary water quality protections onsite as well as
within the broader watershed.
Attachment 2 6
• The required floodplain and stream buffers will prevent any disturbance of land in an area
that is 200-500 feet from the stream. In total, these buffers represent 30 acres of
contiguous preserved space.
• The RTLP MPD-CZ proposal also requires a variety of stormwater control measures to
protect water qualtiy, and the applicant has agreed to install additional rain basins to
further prevent runoff into the tributary.
• Finally, low-impact design or “green growth” design standards will be required as part of
the County’s site plan review process to minimize impact on environmental conditions
and natural resources.
Thank you for this opportunity to further analyze the impact this development could have on
existing environmental features and to describe the regulatory measures that are in place to
mitigate the potential negative impacts.
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STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant initiated amendment to the Zoning Atlas to rezone 3 parcels as follows:
Parcel
Identification
Number
(PIN)
Township Owner of
Record
Current Zoning District Proposed Zoning District
9863-71-8857 Hillsborough Suzanne
McGrady
Master Plan Development
Conditional Zoning (MPD-
CZ) Settlers Point;
Major Transportation
Corridor (MTC) Overlay
District
Master Plan Development
Conditional Zoning (MPD-CZ)
Research Triangle Logistics
Park;
Major Transportation Corridor
(MTC) Overlay District.
9863-91-6573 Hillsborough Christy Bailey
– ETAL
John Clayton
Master Plan Development
Conditional Zoning (MPD-
CZ) Settlers Point;
Economic Development
Hillsborough Limited
Office (EDH-2) - north of
Interstate 40
Major Transportation
Corridor (MTC) Overlay
District
Master Plan Development
Conditional Zoning (MPD-CZ)
Research Triangle Logistics
Park;
Economic Development
Hillsborough Limited Office
(EDH-2) – north of Interstate
40
Major Transportation Corridor
(MTC) Overlay District.
9862-99-8894 Hillsborough Facility Care
Services Inc.
Rural Residential (R-1)
Rural Buffer (RB) –
approximately 26,000
sq.ft. along Davis Road
Master Plan Development
Conditional Zoning (MPD-CZ)
Research Triangle Logistics
Park;
Rural Buffer (RB) –
approximately 26,000 sq.ft.
along Davis Road
The BOCC finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• 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
Attachment 3
8
Orange County’s population and economy consistent with other
Comprehensive Plan element goals and objectives.
The County and Town of Hillsborough have engaged in
numerous studies/joint planning efforts over the last 20 years
identifying area viable for the extension of utilities (i.e. water
and sewer) in support of high intensity residential and non-
residential land uses.
In 2017, these efforts led to the adoption of the Town of
Hillsborough and Orange County Central Orange
Coordinated Area (COCA) Land Use Plan.
This plan indicates the area in question is intended to
support ‘Employment’ and ‘Suburban Office Complex’ land
use categories, specifically areas that are best suited to
allow for the development of light industrial/manufacturing,
office, research/development, and service/warehousing
operations.
The requested rezoning will allow development consistent
with the overall spirit and intent of the adopted
Comprehensive Plan as well as applicable joint planning
efforts completed by the County and the Town.
• Objective LU-1.1: Coordinate the location of higher intensity / high
density residential and non-residential development with existing or
planned locations of public transportation, commercial and
community services, and adequate supporting infrastructure (i.e.,
water and sewer, high-speed internet access, streets, and
sidewalks), while avoiding areas with protected natural and cultural
resources. This could be achieved by increasing allowable
densities and creating new mixed-use zoning districts where
adequate public services are available. (See also Economic
Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and
Wastewater Objective WW-2.)
The atlas amendment is consistent with this goal and
objective with the approval of a rezoning of property creating a
district allowing for the development of high density non-
residential land uses in an area of the County designated for
the location of adequate supporting infrastructure (i.e. water
and sewer).
c. The amendment is reasonable and in the public interest because it:
1. Expands economic development prospects within the County while
continuing to protect adjacent and nearby land uses.
The atlas amendment involves the approval of a master plan
establishing a detailed list of allowable non-residential land uses to
aid in the marketing on an area designated within the
Comprehensive Plan as being suitable for high intensity non-
residential development.
The expansion is consistent with County and Town of Hillsborough
plans outlining those parcels suitable for service by water/sewer
that are prime for high intensity non-residential development.
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Further, the approved master plan establishes mandatory land use
buffers and setbacks for development within the project to ensure
off-site impacts are mitigated.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
______________________ ________________________
Penny Rich, Chair Date
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AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition submitted by
Terra Equity Incorporated (hereafter ‘the Applicant’) seeking to amend the Orange County
Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development
Ordinance (UDO); and
WHEREAS, This petition seeks to rezone 3 parcels totaling approximately 161 acres
of property to Master Plan Development Conditional Zoning District (MPD-CZD) for the
purpose of developing the Research Triangle Logistics park (RTLP) development (hereafter
‘the Project); and
WHEREAS, The properties subject to this rezoning are identified, utilizing Orange
County Parcel Identification Numbers (PIN), as:
i. A 90.37 acre tract of land PIN# 9863-71-8857,
ii. Approximately 60 acres of land PIN# 9863-91-6573, and
iii. A 12 acre parcel of land PIN 9862-99-8894,
hereafter ‘the Property’; and
WHEREAS, The applicant has voluntarily chosen to establish development and land
use limitations on the Project to address potential conflicts with surrounding properties; and
WHEREAS, This petition has been submitted in concert with a formal master plan in
accordance with the provisions of Section 2.9.2 (C) of the UDO; and
WHEREAS, the requirements of Section 2.8 and 2.9.2 of the UDO have been
deemed complete; and
WHEREAS, the Board has found the proposed zoning atlas amendment to be
reasonably necessary to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the
Orange County Zoning Atlas is hereby amended to rezone aforementioned 3 parcels of
property to Master Plan Development Conditional Zoning (MPD-CZ) and allow
development of the Project as detailed within the submitted application.
BE IT FURTHER ORDAINED THAT The terms and conditions contained herein
shall encumber the Property and bind the owners and lessees thereof, their successors
Ordinance #: ORD-2020-022 Attachment 4
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in title and interest. The development of the Project as well as all necessary site
improvements, both internal and external to the Project, shall be reviewed, approved, and
developed in accordance with:
a. The applicable provisions of the Orange County Unified Development
Ordinance (UDO),
b. Any and all applicable Federal, State, and local regulations, and
c. The application package as submitted/modified by the Applicant and as
approved by the Orange County Board of Commissioners on October 20, 2020.
This includes the revised/updated traffic impact analysis (TIA) reviewed and
approved by the County Planning Department and NC Department of
Transportation on October 2, 2020.
BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.2 (F) of the
UDO the approval of this Conditional Zoning applicant is subject to the following mutually
agreed to conditions:
I. GENERAL:
a. Approval of the Project does not constitute an explicit guarantee for utility
services (i.e. water and sewer) by the Town of Hillsborough. Provision of
services shall be consistent with applicable Town utility connection policies
and the utility agreement between the Town and Orange County;
b. The Project shall be composed of 3 individual properties totaling
approximately 161 acres of land area further defined as follows:
i. PIN 9863-71-8857: An approximately 90 acre parcel currently zoned
MPD-CZ (Settlers Point) and Major Transportation Corridor (MTC)
Overlay District;
NOTE: MTC Overlay district boundaries not impacted by this
approval.
ii. PIN 9863-91-6573: An 80 acre parcel currently zoned:
1. Approximately 60 acres (south of Interstate 40) zoned MPD-
CZ (Settlers Point);
2. Approximately 20 acres (north of Interstate 40) zoned
Economic Development Hillsborough Limited Officer (EDH-2).
This portion of the property will remain zoned EDH-2 and shall
be developed consistent with that general use zoning
designation.
3. Major Transportation Corridor (MTC) Overlay District.
NOTE: MTC Overlay district boundaries not impacted by this
approval. EDH-2 zoned portion of property, north of Interstate
40, is not impacted by this approval and will remain zoned
EDH-2.
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iii. PIN 9862-99-8894: An approximately 12 acre parcel currently split
zoned Rural Residential (R-1) and Rural Buffer (RB).
NOTE: The RB zoned portion of property, along Davis Road,
is not impacted by this approval and will remain zoned RB.
This area shall remain either in undisturbed open space, used
to support required utility improvements consistent with Town
of Hillsborough or County requirements, or to support external
roadway improvement(s) consistent with County and NC
Department of Transportation requirement(s).
c. The Zoning Atlas for Orange County shall be designated MPD-CZ.
Development shall be in accordance with the approved application packet,
master concept plan, and the conditions detailed herein.
II. SITE PLAN: In addition to the requirements of Section 2.5 Site Plan Review of
the UDO, development applications within the Project shall provide the following
additional information as part of the site plan application process:
a. All site plans proposing development within the Project shall be reviewed
by Town of Hillsborough staff as part of existing courtesy review
agreements;
b. All site plans shall provide detail denoting the anticipated daily water and
sewer needs for proposed land use(s);
c. Consistent with existing inter-local utility agreements between Orange
County and the Town of Hillsborough, the Project has a utility allotment of
108,000 gallons a day of water/sewer service. Site plans proposing
development/land uses exceeding this daily allotment shall be required to
provide documentation from the Town of Hillsborough indicating there is
sufficient water and sewer capacity to serve the proposed development.
A lack of water and/or sewer capacity shall result in the denial of the site
plan;
d. Prior to the approval of a site plan allowing development within the Project,
the County shall require documentation from the Town of Hillsborough
indicating there is sufficient water and sewer capacity to serve the project.
A lack of water and/or sewer capacity for a proposed use shall result in the
denial of the site plan;
e. The Orange County and Town of Hillsborough Fire Marshal(s), in
consultation with the Town of Hillsborough Utility Director, shall review and
approve location(s) of proposed water and sewer lines prior to the initiation
of land disturbing activity;
f. The Orange County and Town of Hillsborough Fire Marshal(s) shall review
and offer comment on:
i. Road layout and construction methodology,
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ii. Location of fire lanes,
iii. Location of fire hydrants, and
iv. Location of the proposed stand-pipe(s).
as part of all site plan review.
g. Each site plan shall be required to demonstrate compliance with Section
6.16 Environmental Assessment of the UDO as well as the approved master
plan and environmental assessment completed for the Project. In those
cases where development exceeds established thresholds, a formal
Environmental Impact Statement (EIS) may be required allowing for site
plan approval;
h. Each site plan shall be required to demonstrate compliance with required
traffic improvements detailed within the approved application, traffic impact
analysis, and the condition(s) detailed herein.
Lack of compliance or consistency with required internal/external traffic
improvement(s) shall result in the denial of the site plan;
i. In addition to the standards detailed in Section 2.5 of the UDO, all
landscaping plans shall include information denoting the proposed method
of care (i.e. underground sprinklers, maintenance personnel, etc.) for the
development;
j. For all site plans submitted for the Project the Orange Rural Volunteer Fire
Department shall be considered a member of the County Development
Advisory Committee (DAC) as outlined in Section 1.9 of the UDO to review
a projects compliance with applicable development standards including, but
not necessarily limited to: land use regulations, conditions of MPD-CZ
approval, applicable State fire/building codes.
k. Site plans shall contain documentation outlining proposed and/or existing
cumulative impervious surface area as well as building/open space ratios
within the Project.
III. DIMENSIONAL STANDARDS:
a. The Project shall observe a building square footage limit of 2,400,000 sq.ft.
consistent with the submitted and approved application and Traffic Impact
Analysis (TIA) as approved by the NC Department of Transportation on
October 2, 2020.
Additional floor area may be developed with the submittal of a revised,
updated, master plan development conditional zoning district application
and TIA processed and reviewed in accordance with the provisions of the
UDO. 1
1 Yellow highlight denotes modification to proposed condition(s) consistent with the applicant’s presentation at
the September 15 and 22, 2020 public hearing and the October 6, 2020 BOCC regular meeting limiting the
allowable building square footage for the Project.
14
b. Height: Consistent with the definition of building height in Article 10
Definitions 2 and Section(s) 6.2.2 and 6.5 3 of the UDO, the following height
limitations shall be observed within the Project:
i. Principal structures:
i.1. PINs 9863-71-8857 and 9863-91-6573 shall abide by a
height limit of 60 ft.
1.2. PIN 9862-99-8894 shall abide by a height limit of 40 ft.
This height limit shall not include architectural features utilized
to screen rooftop equipment, consistent with the provisions of
the UDO.4
5
No structure shall be erected fronting on the Davis Road parcel
which exceeds 40 ft. in height above the highest elevation of the
adjoining portion of Davis Road exceeding 40 ft. in height, as
measured from the highest elevation of the adjoining portion of
Davis Road to the roof deck of the building from the highest
elevation of Davis Road where said building has frontage.;6
2 As was discussed at the October 6, 2020 BOCC meeting, existing regulation(s) establish building height as being
measured from: the mean elevation of the proposed or completed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck lines of mansard roofs, and to the mean height between eaves
and ridge for gable, hip and gambrel roofs. Staff has included example(s) illustrating how various roof types are
measured to address BOCC concerns.
3 As a reminder, per Section 6.5.1 (C) (8) of the UDO, rooftop mechanical equipment is required to be screened.
4 New language to address BOCC comment(s) from the October 6, 2020 meeting. Staff is attempting to address
BOCC interest in limiting development on the Davis Road property to a 40 ft. height limit while address applicant
requests for use of architectural features to screen rooftop equipment (i.e. HVAC, vents, ducts, telcom equipment,
etc.). Staff has added language referencing allowable screening limit(s) within the UDO.
5 Staff has added a visual aid to detail how building height shall be calculated consistent with existing definitions.
6 Yellow highlight denotes a suggested modification to proposed conditions made by the applicant and discussed at
the October 6, 2020 BOCC meeting. Staff has attempted to address comment(s) in a revised condition detailed
herein.
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ii. Accessory Structures: Water tower shall not exceed 90 ft. 7
c. Setbacks:
i. Structures shall observe:
1. 100 ft. setback from exterior property lines abutting
residentially zoned property;
1.2. and the120 ft. setback from Davis Road right-of-way;8
2.3. 50 ft. setback from property exterior lines abutting non-
residentially zoned property and the Service Road right-of-
way.
ii. Vehicular use areas shall observe:
1. 50 ft100 ft. setback from exterior property lines abutting
residentially zoned property except as defined below;
a. Access road/parking area along the western boundary
line, adjacent to PIN 9863-53-9059, shall be permitted
observing a 50 ft. setback; and
1.b. An access road along the southern property
line, affording interior access from the Project to PIN
9862-99-8894, shall be permitted observing a 50 ft.
setback. 9
2. 50 ft. setback for access roads/drives running parallel with
Davis Road;10
2.3. 25 ft. setback from property lines abutting non-
residentially zoned property and the Service Road right-of-
way.
iii. Interior lot line setbacks: 11
1. Structures: 20 ft. from all interior property lines;
7 Staff is recommended a 90 ft. height limit for proposed water towers. The application submittal makes no
reference to any additional use that would need to exceed established height limits.
8 Language suggested/recommended by the applicant to address setbacks for structures erected on the Davis Road
property.
9 The applicant has requested modification of vehicular use setbacks as detailed herein. In the first instance, the
area adjacent to the Project on PIN 9863‐53‐9059 is heavily encumbered by floodplain and required buffers. The
applicant suggests allowing for an access road/parking in this area will not impact development on the adjacent
parcel as same is already limited due to the presence of mapped floodplain. In the second instance, the applicant
is seeking to reduce the required land use buffer to allow for the location of an access road in an area that will
have the least impact on existing floodplain. If the applicant is required to observe a 100 ft. buffer in this area, the
required roadway crossing could have more environmental impact on the floodplain and floodplain buffers in the
area.
10 Language suggested/recommended by the applicant to address access management issues along Davis Road.
While no parking is intended within this area, driveway access will be necessary.
11 A new condition designed to address BOCC comments from the October 6, 2020 meeting seeking clarification on
internal setback requirements.
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2. Vehicular use areas: 10 ft. from all interior property lines.
d. Open Space: 41 acres (25%) 48.3 acres (30%) 12 of land within the Project
shall be preserved as open space area.
IV. ACCESS AND TRANSPORTATION: In addition to the requirements of Section
6.10 Roadway Improvements and Multi-modal Transportation of the UDO the
following standards shall apply:
a. Internal roadways shall be developed in accordance with Section 6.10 (A)
of the UDO and shall be privately maintained;
b. External roadway construction/improvements shall be completed or
appropriately bonded prior to the issuance of a Certificate of Compliance (C
of C) allowing the occupancy of a structure triggering completion of same;
c. External roadway improvements shall be constructed in accordance with
NC Department of Transportation requirements and guidelines, approved
Traffic Impact Analysis (TIA), and the standards outlined herein;
d. The right-of-way for Service Road shall be extended to the western edge of
the PIN 9863-71-8857 to serve as a future access point for adjacent land
area to the west.
Applicant and/or their successors shall not bear financial responsibility for
the construction of additional roadway in this extended portion of the
Service Road right-of-way nor shall they bear any financial responsibility for
any required roadway improvements at the intersection of Service Road and
Old NC Highway 86 necessary to accommodate additional traffic resulting
from development external to the Project;
e. Consistent with the approved traffic impact analysis for the Project, all
passenger and commercial vehicle traffic shall utilize Service Road for
ingress/egress;
f. Vehicular ingress/egress to the Project from Davis Road shall be limited to:
i. Life safety vehicles;
ii. Fire, ambulance, rescue and emergency vehicles;
iii. Municipal and law enforcement vehicles; and
iv. Public utility vehicles.
No other traffic (i.e. passenger vehicles, commercial vehicles, etc.) shall be
permitted to utilize this access, which will be blocked by a gate or bollards
to prevent unrestricted access; 13
12 Consistent with applicant statements to the BOCC on October 6, 2020, the Project will preserve approximately
30% of the property as open space.
13 Consistent with the discussion that occurred at the October 6, 2020 BOCC meeting, access from/to the Project
using Davis Road will be limited to emergency and utility vehicles. Staff is also recommending the access be
blocked to prohibit use inconsistent with suggested condition(s).
17
d.g. Final roadway layout, including pavement widths and driveways,
shall be approved by the Town of Hillsborough and Orange County Fire
Marshal’s office as part of the final site plan review process;
e. Signage shall be placed directing vehicles to turn left onto Davis Road in
order to access Interstate 40/85;14
f.h. Site plan submittals shall be required to demonstrate internal/external traffic
improvements necessary to address development impacts consistent with
the submitted Transportation Impact Analysis (TIA);
g.i. Any and all internal streets, sidewalks, bicycle lanes, etc. shall be
designated for public access/use for employees/customers/visitors to the
site;15
h.j. Driveway permits, when required, shall be applied for and issued by the
North Carolina Department of Transportation;
i.k. Orange County and North Carolina Department of Transportation shall
approve the location of all proposed external utility poles housing street
signals prior to installation. All street signals shall be erected on metal
poles;
j.l. Segregated entrances and exists for pedestrian, construction vehicle, and
non-construction vehicular traffic shall be developed to avoid conflict during
construction activities;
k.m. Any required or requested bus pullouts and/or transit shelters shall
be constructed to serve the Project consistent with transit plans adopted by
Orange County and shall be developed in accordance with the following:
i. Each transit stop shall be a covered and enclosed on 3 sides to
shield users from the elements,
ii. Kiosks shall be developed to provide transit information, including
schedule and route information, and shall be illuminated to five (5)
average maintained foot-candles.
l.n. In addition to the standards contained within Section 6.10 (A) (2) of the
UDO, the following additional requirements shall apply to the development
of crosswalks:
i. Signals shall be installed, where stoplights are located, providing
assistance to deaf and visually impaired individuals announcing
when it is safe to cross roadways
14 Condition is no longer necessary as vehicle access onto Davis Road is limited to emergency and public utility
vehicles.
15 Yellow highlighted text denotes a modification, suggested by the applicant, approved by the BOCC at its October
6, 2020 meeting.
18
m.o. Traffic directional signage shall be required for all internal and
external roadway as directed by Orange County and the North Carolina
Department of Transportation including but not limited to:
i. Stop signs,
ii. Yield signs,
iii. Bus parking and unloading informational signs
iv. Lane ends,
v. Merge signs,
vi. Caution Pedestrian Traffic – Yield Signs,
vii. Traffic safety signs designed to direct construction traffic throughout
the site,
viii. Traffic warning signs indicating the location of private driveways and
forbidding public access to the various properties, and
ix. Through traffic signs.
n.p.
Heavy Trucks, as hereinafter defined, shall be prohibited from exiting
the Project on to Davis Road. Heavy Trucks are defined as those
vehicles that:
i. Have a gross vehicle weight rating of 33,001 pounds or more;
ii. Are required under North Carolina law to be registered;
iii. Are designed to operate on public highways; and
i. Are powered by a diesel engine. 16
q. Driveway access onto Davis Road shall be designed to limit traffic existing
the project to only a left turn thereby directing traffic towards Old NC
Highway 86 excluding local traffic and emergency vehicles. 17
o.r. Entry into the Project from Davis Road shall be designed and
restricted to the following:
i. Life safety vehicles;
ii. Fire, ambulance, rescue and emergency vehicles;
iii. Municipal and law enforcement vehicles;
iv. Public utility vehicles; and
16 Text was proposed as part of the conditions reviewed by the BOCC at its October 6, 2020 meeting. Condition
was revised to capture applicant suggested condition(s) and moved to subsection(s) e and f above. Consistent with
the applicant’s suggested condition(s), all passenger and commercial vehicle traffic shall be required to utilize
Service Road. Driveway access onto Davis Road shall be reserved for emergency and public utility vehicles only.
17 Ibid.
19
v. Vehicles under 33,001 pounds. 18
s. At the time development within the Project exceeds allowable traffic trips
for the preservation of the left turn movement from Service Road onto Old
NC Highway 86, as detailed in the Projects traffic impact analysis and/or as
determined by the NC Department of Transportation consistent with
external roadway improvements, an alternative traffic
alignment/improvement shall be required to serve the Project allowing for
both left and right turn access onto Old NC Highway 86.
This alternative shall be reviewed and approved by Orange County and the
NC Department of Transportation and shall be installed in conjunction with
the proposed development project generating the need for said alternative
traffic alignment/improvement.
This shall be reviewed as a modification to the Project requiring the public
hearing approval process detailed within the County Unified Development
Ordinance (UDO). 19
V. PERFORMANCE STANDARDS:
a. The Project shall comply with Section(s) 6.4.2 through 6.4.7 of the UDO
inclusive;
b. Solid Waste Management: The following specific standards shall apply:
i. External space for collection of solid waste and recyclable materials.
Materials collected shall be consistent with the County’s Solid Waste
Management ordinance.
ii. Waste collection areas shall be located in such a manner as to
provide convenient access for users of the facility and safe passage
for service vehicles.
iii. The following additional notes shall be provided on any submitted
site plan:
1. Gate design will include gate retainers.
2. Parking shall be prohibited from blocking access to waste
receptacles. 20
3. Orange County will not be responsible for any pavement
damage that may result from service vehicles.
18 Ibid.
19 Text was proposed as part of the conditions reviewed by the BOCC at its October 6, 2020 meeting. Condition
was eliminated consistent with a revised/updated traffic impact analysis submitted by the applicant and approved
by staff and NC DOT on October 2, 2020. Further, language under Dimensional standards, specifically Section III (a)
of this document, makes the condition as originally recommended by staff moot.
20 Yellow highlighted condition modified to address BOCC approval of staff recommendation made at the October
6, 2020 regular meeting.
20
4. In cases where waste collection areas are located across
property lines or district lines for shared areas, the developer
shall prepare and record a joint access agreement (and a
shared dumpster agreement) to assure that (both parties may
use) the proposed trash/recycling area and that it can be
serviced across property lines.
5. The developer shall reserve space within all solid waste
collection areas for segregated grease rendering/recycling
collection facilities and shall provide space for segregated
food waste collection near the delivery entrance for any
building that houses, proposes to include, or may at some
future date incorporate a restaurant, cafeteria, bar, or other
food service facility at any time.
6. All solid waste containers, dumpsters, recycling bins, etc.
shall be located within an enclosure, buffered in accordance
with the standards contained herein, and meeting the
following criteria:
a. Loading areas shall be designed and situated not to
negatively affect adjacent properties.
b. Solid waste enclosures shall be so located as to not
impact internal traffic flow,
c. Loading zones shall not be located within areas
designated as housing for solid waste facilities.
c. Architectural Design: In addition to the standards detailed in Section 6.5
of the UDO, The the following specific standards shall apply to the Project:
i. Finished building materials shall be applied to all sides of a building;
ii. Exterior wall materials shall include, but not be limited to:
1. Stucco,
2. Concrete,
3. Textured concrete,
4. Wood,
5. Glass,
6. Steel,
7. Brick,
8. Stone, and
9. Masonry.
Examples of allowable exterior materials are contained in the
approved application narrative and denoted on the approved master
plan.
21
iii. Prohibited design elements include:
1. Highly reflective surfaces,
2. Exposed, untreated precision block walls;
3. Barbed wire No barbed wire products shall be installed on
the 12 acre parcel along Davis Road;21
4. “Stuck on” mansard roofs;
5. Materials with high maintenance such as stained wood
shingles.
iv. An internal architectural review committee shall be established to
ensure proposed building colors strive to be harmonious and
compatible with the natural surroundings and the general overall
palette shall be earth tones; consistent consistency with the UDO
and with the standards detailed within the approved
applicationherein. A representative of the Planning Department shall
sit on the committee and be involved in reviewing development
proposals/modifications;22
v. Consistent with the approved narrative and master plan, Ssingle,
dominant, monolithic building mass is not acceptable for the Project.
Visual breaks shall be used to provide ‘visual relief’ for long building
facades. Acceptable techniques to provide visual breaks include, but
are not limited to:
1. Changes in height and the horizontal plane,
2. Changes in Materials,
3. Changes in Textures,
4. Changes in Color,
5. Reveals and/or Jogs,
6. Utilization of other architectural enhancements. 23
vi. Primary building entries shall be readily identifiable and well defined
through the use of projections, recesses, columns, roof structures, or
other design elements.
21 Bold Green Text denoted suggested amendments provided by the applicant on October 1, 2020. At the October
6, 2020 BOCC meeting, the applicant agreed to ban the use/incorporation of barbed wire for the Project as a
whole.
22 Language modified to address staff and BOCC comment(s) from the October 6, 2020 meeting.
23 Revisions to address staff and BOCC comment(s) from the October 6, 2020 meeting. With staff now sitting on
the architectural review committee, there will be additional oversight on development proposals to ensure
compliance with applicable standards.
22
vii. Expansions to an existing buildings shall provide for continuity
between the existing building and the proposed addition. The
addition need not strictly match the existing building, but shall include
prominent design elements of the old building to provide architectural
compatibility between old and new.
STAFF COMMENT: It is unclear how this condition will be
enforced. Staff is concerned over the lack of measurable
standard.
viii. Building design/construction shall not preclude incorporation of
alternative energy systems such as solar panels. 24
ix. Equipment (i.e. HVAC, elevator overrides, etc.) shall be screened
utilizing 1 of the following methods:
1. Clad in exterior materials that are non-reflective or illuminated,
OR
2. Designed as an architectural feature of the proposed
structure, OR
3. Screened through some vegetative buffer or fencing.25
x. All buildings constructed within the Project shall utilize
equipment/appliances/etc. be energy star rated shall be Energy
Star certified at the time of construction (or in the
discontinuance of such certification, substantially in
compliance with the former certification requirements) and, after
issuance of a certificate of compliance (CoC), all installed systems
shall receive proper maintenance in the ordinance course of
businesses; 26
xi. Development within the Project shall substantially utilize LED
lighting for interior and exterior lights, or future successor
technology, except in areas where use of same could typically be
prohibited (i.e. lab space, etc.); 27
xii. Development within the Project shall utilize rain reclamation devices
collecting rainwater for irrigation purposes;28
24 Condition added to address Planning Board concern(s) identified during the August 5 and 19, 2020 regular
meeting. The applicant agreed during the meeting to the proposed language.
25 Yellow highlighted text denotes a modification, suggested by staff, approved by the BOCC at its October 6, 2020
meeting
26 Bold Green Text denotes suggested amendments provided by the applicant with a staff modification.
27 Bold Green Text denotes suggested amendments provided by the applicant on October 1, 2020 after the agenda
packet had been distributed. Staff has added language addressing these instances where LED lights may not be
required as a means of eliminating the word ‘substantially’.
28 Yellow highlighted text denotes a condition recommended by the applicant, and approved by the BOCC at its
October 6, 2020 regular meeting.
23
x.xiii. Buildings within the Project shall incorporate ‘cool roof’ systems into
their design. The cool roof system is designed to deliver higher solar
reflectance (i.e. the ability to reflect the visible, infrared and ultraviolet
wavelengths of the sun, reducing heat transfer to the building, etc.)
and higher thermal emittance (the ability to radiate absorbed, or non-
reflected solar energy) than standard designed roofing products. 29
xiv. Motion control activated lighting shall be, where safety and internal
operations permit, used for all internal building lighting to prevent
internal lights being left on indefinitely; 30
xv. Bio retention basins (i.e. rain gardens) shall be incorporated into the
Project to capture and treat runoff from truck wells within proposed
loading docks; 31
xvi. Low flow toilets and water fixtures shall be used within the Project for
all restroom or general use facilities and where not associated with a
manufacturing or research process. 32
d. Landscaping/Buffering: In addition to the standards contained in Section
6.8 of the UDO, the following specific standards shall apply to the Project:
i. All required landscaping shall be installed and maintained by the
developer or their successor in perpetuity;
ii. Existing vegetation shall be preserved in identified buffer areas as
indicated on the approved master concept plan, including a 100 ft.
perimeter buffer around external parcels zoned to an Orange County
residential general use zoning designation. In those instances where
foliage is disturbed or non-existent, landscaping shall be installed
consistent with the following schematic:
29 Ibid.
30 Ibid.
31 Ibid.
32 Ibid.
24
STAFF COMMENT: Staff recommends the minimum linear
foot of planting be reduced to 100 ft. (i.e. the number of trees
for every 100 ft. of required buffer area versus 150 ft. as
proposed by the applicant) consistent with Section 6.8.6 (F)
of the UDO. 33
Permitted breaks within this required 100 ft. perimeter buffer are
detailed within this document, specifically Section III (c) establishing
setback standards for structures and vehicular use areas, and on the
approved master plan. 34
iii. Interior landscaping shall be consistent with the following:
1. Parking lot:
a. A ten-foot vegetated buffer shall be provided between
vehicular use areas and internal access roads.
Consistent with Section 6.8.7 (D) of the UDO, this
buffer shall be composed of shrubs and flowering
plants forming a continuous opaque landscape barrier
reducing glare and visual distractions to passing
motorists. 35
33 This issue is still being discussed, based on staff’s notes. Staff had recommended minimum planting requirement
as follows: 7 canopy trees, 1 evergreen tree, 5 deciduous understory, 12 evergreen understory, 85 shrub trees to
form the recommended opaque buffer along external property lines consistent with the UDO and desire of the
BOCC.
34 The applicant has agreed to a 100 ft. perimeter buffer, with the exception of an area near the southern
boundary line to accommodate an access road to the Davis Road property. Staff has no objection(s) to the
reduction allowing for the proposed roadway.
35 Language added to address comments from the BOCC’s October 6, 2020 regular meeting.
25
b. Shade trees shall be provided at a ratio of one (1), one
and one half-inch (1.5”) minimum caliper tree for every
ten (10) car parking spaces; Caliper size is measured
at the time of planting.
c. All site plans shall demonstrate a minimum of sixty
percent (60%) of passenger parking spaces are within
seventy-five (75) feet of the center of a shade tree. If
not, additional landscaping shall be required.
d. The minimum tree planting area shall be 200 square
feet except where tree grates are provided.
e. Where trees are planted within tree grates, and surface
paving encroaches into the planting area, then the
minimum planting area shall be sixteen (16) square
feet in area by two (2) feet in depth.
f. Screening of parking areas along the perimeter
boundary of the project shall maintain a minimum tree
spacing of sixty (60) feet.
2. Building foundation:
a. Twenty percent (20%) of a building’s perimeter shall be
landscaped while maintaining the necessary sidewalk
area.
b. These areas may consist of lawn, planters, or shrub
areas so long as the shrub areas, that have to be
twenty-four inches (24”) minimum in width, comprise a
minimum of twenty percent (20%) of the total linear
dimension along the building’s perimeter
3. With respect to internal street landscaping, there shall be one
(1) tree at a one-inch (1”) caliper provided every one hundred
(100) feet;
4. All ground level HVAC, mechanical equipment cabinets, solid
waste containers, dumpsters, recycling bins, etc. shall be
screened from view through the use of landscaping, walls,
and or fencing in accordance with Section 6.8.9 of the UDO.
iv. The Project shall comply with the provisions of Section 6.6.4 of the
UDO related to preservation of required buffers within the Major
Transportation Corridor (MTC) overlay district. This includes the
ability to create visual breaks in the buffer in accordance with Section
6.6.4 (A) (5).
e. Parking: In addition to the standards contained in Section 6.9 of the UDO,
the following specific standards shall apply to the Project:
26
i. Parking lot design and layout shall be in accordance with Section 6.9
of the UDO; 36
ii.i. 1 space shall be required for every 750 sq.ft. of office space;
iii.ii. 1 space per 3,000 sq.ft. of additional indoor area (exclusive of office
area). 37
f. Signage: In addition to the standards contained in Section 6.12 of the UDO,
the following specific standards shall apply to the Project:
i. Signs shall be permitted consistent with the approved sign master
plan for the project;
ii. Final location/size shall be reviewed/approved by staff as part of a
site plan submitted in accordance with Section 2.5 of the UDO and
the conditions contained herein.
g. Lighting: In addition to the standards contained in Section 6.11 of the
UDO, the following specific standards shall apply to the Project:
i. Lighting plans shall be prepared in accordance with Section 6.11 of
the UDO; 38
ii. All lighting shall be full-cut off fixtures;
iii. Lighting in parking areas shall observe a height limit of 45 ft.;
iv. All lighting shall comply with maximum foot-candle limits at property
lines as noted in Section 6.11.6.A of the UDO;
v. Lighting within the Project shall abide by the standards detailed in
Section 6.11.8 of the UDO. 39
h. Stream Buffers: The Project shall comply with the provisions of Section
6.13 of the UDO.
i. Stormwater regulations: The Project shall comply with the provisions of
Section 6.14 of the UDO.
j. Erosion Control regulations. The Project shall comply with the provisions
of Section 6.15 of the UDO.
k. Flood regulations: The Project shall comply with the provisions of Section
6.21 of the UDO.
VI. PERMITTED AND PROHIBITED LAND USES:
36 Yellow highlighted language makes this condition unnecessary.
37 Staff had identified concern(s) proposed parking was insufficient to address the overall parking needs for the
project. At its October 6, 2020 regular meeting, the BOCC agreed to impose the condition recommended by the
applicant and denoted with yellow highlighting.
38 Yellow highlighted language makes this condition unnecessary.
39 Ibid.
27
a. Manufacturing: Land uses category associated with assembly, repair or
servicing of industrial, business, or consumer machinery, equipment,
products, or by-products mainly by providing centralized services for
separate retail outlets. Contractors and building maintenance services and
similar uses perform services off-site.
Permitted uses, by way of example and not limitation, include the following:
i. Bottling.
ii. Brewery, winery, distillery, cidery with tasting/sampling facilities and
associated retail sales.
iii. Bus or rail transit vehicle maintenance or storage facility.
iv. Contractors storage including janitorial and building maintenance
service, exterminator, or other maintenance yard or facility, building,
heating, plumbing, landscaping or electrical contractor and others
who perform services off-site, but store equipment and materials or
perform fabrication or similar work on-site.
v. Food and beverage products.
vi. Lawn, tree or garden service.
vii. Laundry, dry-cleaning, and carpet cleaning plants.
viii. Leather and leather products except tanning.
ix. Sheet metal, welding, machine, tool repair shop or studio.
x. Stone, clay, glass, and concrete products.
xi. Woodworking, including cabinet makers and furniture manufacturing.
xii. Fabricated metal products and machinery.
xiii. Industrial sign-making.
xiv. Manufactured or modular housing sales.
xv. Primary metal manufacturing.
b. Light Manufacturing: Land use category associated with facilities
conducting light manufacturing operations within a fully-enclosed building.
Permitted uses include by way of example and no limitation, the following:
i. Clothing, textile apparel manufacturing.
ii. Facilities engaged in the assembly, design, repair or testing of:
analyzing or scientific measuring instruments; semiconductor and
related solid state devices, including but not limited to clocks,
integrated microcircuits; jewelry, medical, musical instruments,
photographic or optical instruments; and timing instruments.
iii. Office showroom/warehouse.
28
iv. Printing, publishing, and lithography.
v. Production of artwork and toys, graphic design sign-making, movie
production facility, photofinishing laboratory.
vi. Repair of scientific or professional instruments and electric motors.
c. Research and Development: Land use category associated with facilities
focused primarily on the research and development of new products. This
includes associated manufacturing operation(s) for said products.
Permitted uses include by way of example and not limitation the following:
i. Laboratories, offices and other facilities used for research and
development by or for any individual, organization or concern,
whether public or private.
ii. Prototype production facilities that manufacture a limited amount of
a product in order to fully investigate the merits of such a product.
iii. Pilot plants used to test manufacturing processes planned for use in
production elsewhere.
d. Warehousing/Storage: Land use category associated with facilities
providing separate storage areas for personal or business use designed to
allow private access by the tenant for storing or removing personal property.
Permitted uses include by way of example and not limitation the following:
i. Warehouse, self-service.
ii. Fully enclosed indoor multi-story storage.
iii. Mini-warehouse.
e. Warehousing/Distribution Services: Land use category associated with
facilities involved in the storage or movement of goods for themselves or
other firms. Goods are generally delivered to other firms or the final
consumer with little on-site sales activity to customers.
Permitted uses include by way of example and not limitation the following:
i. Bulk storage, including nonflammable liquids, cold storage plants,
including frozen food lockers, household moving and general freight
storage, separate warehouse used by retail store such as furniture
or appliance store.
ii. Commercial packing for fruits and vegetables.
iii. Distribution facility, central postal facility.
iv. Freight, service facility.
v. Parcel services.
vi. Transfer and storage business where there are no individual storage
areas or where employees or automation are the primary movers of
the goods to be stored or transferred.
29
vii. Trailer storage, drop off lot.
viii. Truck or motor freight terminal, cross-docking or service facility.
ix. Trucking operation.
x. Warehouse.
f. Wholesale Trade: Land use category associated with facilities involved in
the sale, lease, or rent of products to industrial, institutional or commercial
businesses. The use emphasizes on-site sales or order-taking and often
includes display areas. Businesses may or may not be open to the general
public. Products may be picked up on-site or delivered to the customer.
Permitted uses include by way of example and not limitation the following:
i. Mail-order house.
ii. Sale or rental of machinery, equipment, heavy equipment, building
materials, special trade tools, welding supplies, machine parts,
electrical supplies, plumbing supplies, janitorial supplies, restaurant
equipment and store fixtures.
iii. Wholesale sales of food, clothing, auto parts, building hardware and
similar products.
g. Other Facilities: including by way of example and not limitation, the
following:
i. Customary Accessory Uses to Principal land uses developed on-site
ii. Government Facilities and Office Buildings
iii. Government Protective Services
iv. Bus Passenger Shelter,
v. Surface and structure parking as principal use
vi. Mail kiosks for central mail pick-up,
vii. Elevated Water Storage Tanks.
viii. Public open space for use of on-site businesses, employees of
same, and customers rather than the general public.
ix. Natural and man-made pedestrian/bicycle paths
h. Prohibited Land Uses: The following land use categories and/or specific
land uses are expressly prohibited from developing within the Project:
i. Animal Slaughtering and Processing;
ii. Vegetable Fats/Oil Manufacturing and Processing;
iii. Concrete Batching Plant;
iv. Leather and Hide Tanning;
30
v. Petroleum and Coal Processing, Preparation, and Distribution
including but not limited to Asphalt Plants;
vi. Pulp, Paper, and Paperboard Mills;
vii. Sawmills;
viii. Mining;
ix. Landfills;
x. Body alteration (i.e. tattoo artist, body piercing, etc.);
xi. Cemetery;
xii. Crematoria;
xiii. Funeral Home;
xiv. Pawnshop/Payday Loan.
xv. Junk/Salvage yard;
xvi. Massage Business; and
xvii. Sexually Oriented Business.
VII. UTILITIES: In addition to the requirements of Section 6.20 Public Sewer
Connection of the UDO, required utility extensions and/or connections shall
abide by the following:
a. Development within the Project shall be served by public water and sewer
services as provided and maintained by the Town of Hillsborough;
additional and/or alternative water and/or wastewater systems shall not be
permitted.
b. A written, signed agreement between a developer, Orange County, and the
Town of Hillsborough shall be executed describing the timing, phasing,
design, and financing of public water distribution and public sanitary sewer
collection mains;
c. Water systems and water pressure shall comply with all applicable Town of
Hillsborough utility standards, building, and fire codes based on the
proposed land use;
d. Sizing/looping of utility lines shall be based on the proposed development,
including water flow test data and shall be reviewed and approved by
County staff, Town of Hillsborough Planning Director, and the Town of
Hillsborough Utility Director;
e. Fire-flow test(s) of all installed hydrants shall be conducted, in coordination
with the Town of Hillsborough and Orange County Emergency Services, to
ensure compliance with applicable State Fire Code standards;
31
f. The Orange County and Town of Hillsborough Fire Marshal, in consultation
with the Town of Hillsborough Utility Director, shall review and approve
location(s) of proposed water lines prior to the initiation of land disturbing
activity. Sizing of said lines shall be based on the proposed development,
including water flow test data.
VIII OTHER: 40
a. No permanent fuel or chemical storage shall occur within 30 ft. of a
floodplain/stream buffer established consistent with the provisions of
Section 6.13 of the County UDO.
b. A minimum of 2 electrical vehicle charging stations shall be installed for
every building constructed on-site. Additional stations may be proposed as
part of the site plan review process.
c. Vehicles within the Project shall be prohibited from idling for more than five
(5) consecutive minutes. This shall include any device or combination of
devices meeting all of the following criteria:
i. Designed with a gross vehicle weight rating of more than 14,000
pounds; and
ii. Required under North Carolina law to be registered; and
iii. Designed to operate on public highways; and
b.iv. Powered by a diesel engine. 41
This restriction shall not apply when:
1. A vehicle is forced to remain motionless because of
traffic or adverse weather conditions affecting the safe
operation of the vehicle;
2. A vehicle is being operated for emergency or law
enforcement purposes;
3. The primary propulsion engine of a vehicle meets all of
the following criteria:
a. Is providing a power source necessary for
mechanical operations other than propulsion; and;
40 These 2 conditions were added to address Planning Board comments from the August 5 and 19, 2020 meeting.
The applicant agreed to the imposition of these conditions.
41 Idling condition as recommended by the applicant. Staff would recommend prohibiting any/all vehicles from
idling for more than 1 consecutive minute.
32
b. Involves a power take off (PTO) mechanism, or
other mechanical device performing the same
function as a PTO; and
c. Is powered by the engine for:
i. Loading and unloading cargo, or
ii. Mixing or processing cargo, or
iii. Controlling cargo temperature, or
iv. Providing a mechanical extension to perform
work functions.
4. The primary propulsion engine of a vehicle is being
operated at idle to conform to manufacturer’s warm up
and cool down specifications, for maintenance or
diagnostic purposes, or by manufacturers engaging the
engines in testing for research and development.
5. The primary propulsion engine of a vehicle is being
operated to supply heat or air conditioning necessary
for passenger comfort/safety in those vehicles
operating for commercial passenger transportation or
school purposes up to a maximum of 30 minutes/hour.
If ambient temperatures exceed 75 degrees
Fahrenheit, passenger buses are allowed to idle up to
a maximum of 60 minutes in any 90-minute time period.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner ________________________, seconded by
Commissioner ________________________, the foregoing ordinance was adopted this
________ day of ___________________, 2020.
I, Greg Wilder, Interim Clerk to the Board of Commissioners for Orange County,
DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings
of said Board at a meeting held on ________________________, 2020 as relates in
any way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of the said Board.
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WITNESS my hand and the seal of said County, this ______ day of
______________, 2020.
SEAL
________________________________
Clerk to the Board of Commissioners
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