HomeMy WebLinkAboutORD-2020-022 Ordinance Amending The Orange County Zoning Atlas Ordinance # : ORD - 202M22
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
ilia A 12 acre parcel of land PIN 9862- 99- 88941
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
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 -20
PIN 9862 - 9M894 : 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 as part of the
County' s site plan review process and 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 ,
ii . Location of fire lanes ,
Hi . Location of fire hydrants , and
iv . Location of the proposed stand - pipe ( s ) .
as part of all site plan review(s ) .
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 .
b . Height : Consistent with the definition of building height in Article 10
Definitions and Section (s ) 6 . 2 . 2 and 6 . 5 of the UDO , the following height
limitations shall be observed within the Project :
i . Principal structures :
1 . PI Ns 9863 -71 - 8857 and 9863 - 91 - 6573 shall abide by a
height limit of 60 ft .
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 .
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ii . Accessory Structures : Water tower shall not exceed 90 ft .
c . Setbacks :
i . Structures shall observe :
1 . 100 ft . setback from exterior property lines abutting
residentially zoned property ;
2 . 120 ft . setback from Davis Road right- of-way ;
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 . 100 ft . setback from exterior property lines abutting
residentially zoned property except as defined below ;
a . PIN 9863 - 71 - 8857 :
i . Along the western boundary line , adjacent to
PIN 9863 - 53 - 9059 , there shall be a reduction in
the required buffer to 50 ft . in width to
accommodate no more than 20 truck parking
spaces . This area is further described as
follows :
1 . Parking area shall be located outside of
identified special flood hazard area ,
including area located within the 1 %
annual change of inundation as depicted
on Federal Insurance Rate Map ( FIRM )
3710986300J , and required floodplain
buffers consistent with Section 6 . 13 of
the UDO ;
2 . This area is approximately. 500 ft . south if
the subject parcel ' s northern property line
adjacent to PIN 9863 - 93 -6843 .
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 .
2 . 50 ft . setback for access roads/drives running parallel with
Davis Road . No parking shall be located within this area ;
3 . 25 ft . setback from property lines abutting non - residentially
zoned property and the Service Road right- of-way .
d . Open Space : 48 . 3 acres ( 30 % ) of land within the Project shall be preserved
as open space area .
t-
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 ;
ilia 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 controlled by electronic means , with access
to those control units limited to the entities above ;
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 ;
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) ,
i . Any and all internal streets , sidewalks , bicycle lanes , etc . shall be
designated for public access/use for employees/customers/visitors to the
site ;
j . Driveway permits , when required , shall be applied for and issued by the
North Carolina Department of Transportation ;
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 ;
I . Segregated entrances and exists for pedestrian , construction vehicle , and
non - construction vehicular traffic shall be developed to avoid conflict during
construction activities ;
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 .
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
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 ,
His 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 .
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 . Externals ace for collection of solid waste and recyclable materials .
p Y
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 . 1
iii . The following additional notes shall be provided on any submitted
site plan :
I . Gate design will include gate retainers . j
2 . Parking shall be prohibited from blocking access to waste
receptacles .
3 . Orange County will not be responsible for any pavement
damage that may result from service vehicles .
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 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 .
ill . Prohibited design elements include :
1 . Highly reflective surfaces ,
2 . Exposed , untreated precision block walls ;
3 . Barbed wire ;
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 ; consistency with the UDO and the standards detailed herein .
A representative of the Planning Department shall sit on the
committee and be involved in reviewing development
proposals/modifications ;
v . Consistent with the approved narrative and master plan , single ,
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 .
vi . Primary building entries shall be readily identifiable and well defined
through the use of projections , recesses , columns , roof structures , or
other design elements .
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 .
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 .
x . All buildings constructed within the Project 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 ;
xi . Development within the Project shall 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 . ) ;
xii . Development within the Project shall utilize rain reclamation devices
collecting rainwater for irrigation purposes
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 .
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 ;
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 ;
xvi . Low flow toilets and water fixtures shall be used within the Project for
all restroom facilities and where not associated with a manufacturing
or research process .
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 :
DECIDUOUS CANOPY ( 2 )
f ' EVERGREEN SHRUBS ( 10 )
EVERGREEN UNDERSTORY ( 5 )
EVERGREEN CANOPY ( 1 )
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NOTE , BUFFER TO BE PROVIDED IN AREAS WHERE
EXISTING VEGETATION IS REMOVED .
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 .
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 .
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 . 6A (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 :
i . 1 space shall be required for every 750 sq . ft . of office space ;
ii . 1 space per 3 , 000 sq . ft . of additional indoor area ( exclusive of office
area ) .
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 . All lighting shall be full - cut off fixtures ;
H . Lighting in parking areas shall observe a height limit of 45 ft . ;
Hi . All lighting shall comply with maximum foot- candle limits at property
lines as noted in Section 6 . 11 . 6 . A of the UDO ;
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 :
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 .
istillery , cidery with tasting /sampling facilities and
HE Brewery , winery , d
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 .
A Woodworking , including cabinet makers and furniture manufacturing .
Al . 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 .
Office showroom/warehouse .
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 .
via 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 .
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
via Mail kiosks for central mail pick- up ,
vii . Elevated Water Storage Tanks .
villa 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 ;
Concrete Batching Plant ;
iv . Leather and Hide Tanning ,
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 ;
All . 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 ;
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 :
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 . All commercial freight vehicles , regardless of engine type , within the Project
shall be prohibited from idling for more than 1 consecutive minute .
The provisions of subsection ( C ) above shall not apply when :
i . A vehicle is forced to remain motionless because of traffic or
adverse weather conditions affecting the safe operation of the
vehicle ;
ii . A vehicle is being operated for emergency or law enforcement
purposes ;
Hi . The primary propulsion engine of a vehicle meets all of the
following criteria :
1 Is providing a power source . necessary for mechanical
operations other than propulsion ; and ;
2 . Involves a power take. off (PTO ) ; rn echanism , or other
mechanical device perform Ir! g � thb same function as a
PTO ; and
3 . Is powered by the engine for :
a . Loading and unloading cargo , or
b . Mixing or processing cargo , or
c . Controlling cargo temperature , or
d . Providing a mechanical extension to perform work
functions .
iv . 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 .
v . 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 McKee , seconded by Commissioner Dorosin , the
foregoing ordinance was adopted this 20th day of October , 2020 .
I , Laura Jensen , 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 October20 , 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 .
WITNESS my hand and the seal of said County , this 2nd day of June , 2022 .
17 52 Clerk to the Board of Commissioners