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HomeMy WebLinkAboutAgenda - 12-12-2000-1bORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: December 12, 2000 Action Agenda Item No. C .1. b SUBJECT: Creation of an "EDD/Special Use Entranceway Overlay District DEPARTMENT: Planning and Inspections PUBLIC NEARING: (Y/N) YES ATTACHMENT(S): EDD Entranceway Conditional Use Zoning District Draft Ordinance INFORMATION CONTACT: Craig Benedict, Planning Director, ext 2592 Robert P. Davis, Planner III, ext 2580 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: Creation of an "EDD/Special Use Entranceway Overlay District." BACKGROUND: The Orange County/Hillsborough Economic Development Districts Task Force has been working since February of this year on zoning districts that would permit certain uses by right and some uses through a special use rezoning and special use permit process. This district would include a set of general and specific standards for development to be reviewed concurrent with the special use rezoning and permit. This district would be requested by a property owner that was interested in other uses other than EDD Limited/Office such as commercial or office-flex through a concurrent special use rezoning and special use permit process. There would be three primary land use patterns that could be requested in this district through a Planned Development procedure. 1. EDD Office -Office Flex (O-OF) -Combination of office and light industrial, and distribution, manufacturing. 2. EDD Office -Medium Density Residential (O-MDR) -Combination of office and residential of 4-8 dwelling units per acre. 3. EDD -Mixed Use (EDD-MU) -Combination of office, office flex, retail and high density residential (HDR) 8-12 dwelling units per acre: This land use pattern creates an intensity that would meet the threshold of atransit-oriented development (TOD) and the focal point of the Orange County/Hillsborough EDD which is anticipated at the northeast corner of I-~0 and Old NC 86. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): Administration recommends the acceptance of staff and public input into the public hearing records and.transmittal to the Planning Board for recommendation back to the Board of County Commissioners no sooner than January 17, 2001. 2 e:\crai a\ahstracts\edd-sueod\ 12.4-00\de Proposed Economic Development District (EDD) Entranceway Conditional Use Zoning District O-OF = Office-Office Flex Space O-MDR = Office-Medium Density Residential MU -- Mixed Use [Retail, Office, High Density Residential (HDR)] EDD/ O-OF O-MDR MU OFFICE USES Office, clerical, research, and professional services Wholly inside building Customers carne to the site Yes Yes Yes Employees come to the site Medical with not more than 10,000 sf Financial Institutions with drive-in windows Yes Yes Yes OFFICE SERVICE Miscellaneous residential, rooms for rent situations Hotel Yes No Yes Restaurants No outdoor eating, drive-in, delivery, or carry out No drive-in, delivery, or carry out Yes Yes Yes Outdoor eating, delivery & carry out Outdoor eating, delivery, carry out & drive-in Dry Cleaner/Laundry Yes Yes Yes OFFICE FLEX Manufacturing, processing, creating, repairing, renovating, painting, cleaning, assembling Wholly inside building Yes No No Dollar volume done through walk-in trade Dollar volume through other than walk-in trade RETAIL Sales & rental of goods Wholly inside building High traffic volume Miscellaneous No No Yes Convenience store Low traffic volume Wholesale Yes No No Recreation, amusement, entertainment Activity within building Bowling alley, skate rink, etc. No No Yes Movie theatre Primarily outside Driving or miniature golf, skateboards, water No Yes Yes Motor vehicle related sales & service Sales with installation of motor vehicle parts & accessories Motor vehicle repair & maintenance without substantial body work No No Yes Gas sales Car wash EDD/ O-OF O-MDR MU Services related to animals Veterinarian No No Yes Public &Semi-public Post office No No Yes Open Air Markets Open=air markets No No Yes Horticultural sales with outdoor display Funeral Home - No Yes Yes COMMUNITY FACILITY Educational, cultural, religious, etc. Libraries, museums, art galleries & centers Within residence (not to exceed 3,500 sf) yes Yes Yes Other -Public fields School (public, private) Yes Emergency Services Police Fire Yes Yes Yes Rescue/ambulance . Utilities Facilities Neighborhood Yes Yes Yes Community or regional Temporary structures in connection with construction Yes Yes Yes Bus station/train station Yes Yes Yes RESIDENTIAL Mediunn Density Residential (MDR) 4-8 Dwellings per acre No Yes No Attached and detached High Density Residential (HDR) 8-12 Dwellings per acre No No Yes Attached Residential adult care facilities No Yes Yes MISCELLANEOUS Combination Uses Yes Yes Yes Planned Unit Development (PUD) No Yes Yes Planned Commerce District (PCD) ~ Yes Yes Yes This ordinance will be renumbered and reformatted after the public hearing to reflect the sequencing and cross-referencing of the Orange County Zoning Ordinance. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF ORANGE COUNTY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE ORANGE COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS: Section 1. Adding a new Section 2.16, as follows. Subsequent sections shall be re-numbered appropriately. 2.16 Entranceway Special Use District a) There is hereby established an Entranceway Special Use (ESU) district. The purpose of this district is to provide for the development of well planned and fully integrated projects containing a diverse mixture of commercial, office, and employment uses along the primary entrances to the Town of Hillsborough. b) The ESU district shall be a special use district authorized under N.C.G.S. 160A-382. As such, property may be placed within this district only in response to a petition by the owner(s) of the property to be included. c) Froperty may be rezoned to the ESU district only when the property proposed for such rezoning: 1) Is adjacent to and has frontage along a street classified as an arterial or higher that leads into the Hillsborough area; and 2) If so located in relationship to existing or proposed public streets that traffic generated by the development of the tract proposed for rezoning can be accommodated without endangering the public health, safety, or welfaze; and 3) Will be served by Hillsborough water and sewer lines when developed. d) Nothing in this section is intended to limit the discretion of the board of commissioners to deny an application to rezone property to an ESU district if it determines that the proposed rezoning is not in the public interest. e) When an ESU rezoning application is submitted (in accordance with Section 20 of this ordinance). The applicant shall simultaneously submit either (i) a special use permit application for a specific use or combination of uses listed as Special Uses in the Table of permissible Uses for the ESU district in accordance with the Special Use Permit provisions in this ordinance, or (ii) an application for approval of a master plan for a planned or mixed use development of at least 20 acres in size. 1) The master plan shall show, through a combination of graphic means and text (including without limitation proposed conditions to be included in the special use permit for the proposed development): a. The location, types, and maximum floor azeas and impervious surface azeas far non-residential uses; b. The location and orientation of buildings, parking azeas, recreational facilities, and open spaces; c. Access and circulation systems for vehicles, bicycles, and pedestrians; d. How the development plans to use design and architectural controls as well as screening and landscaping to ensure that the design flexibility provided in this district produces a high quality development. Colors shall be diverse and harmonious and a palette of colors shall be submitted for approval. One color should not dominate any palette and bright colors should be used as accents only; e. How the development proposes to minimize or mitigate any adverse impacts on neighboring properties and the environment, including without limitation impacts from traffic and stormwater runoff; and f How the development proposes to satisfy the objectives of this district as set forth in Subsection (A). g. How the development proposes to minimize or mitigate any adverse impacts on neighboring properties. and the environment, including without limitation impacts from traffic and starmwater runoff. h. How the development proposes to comply with Subsection (C). 2) The planning board (and other advisory boards to which the board of commissioners may refer the application) shall review the proposed master plan or special use permit application at the same time it considers the applicant's rezoning request. In response to suggestions made by the planning board (or other advisory boards), the applicant may revise the master plan or special use permit application before'it is submitted to the board of commissioners. 3) If the applicant submits a proposed master plan, (rather than a special use permit application) with the ESU rezoning application, then subject to section 7 below; a. The rezoning application and master plan proposal shall be reviewed concurrently by the board of commissioners according to the same procedures and in accordance with the same standards applicable to other zoning amendments; and b. The Board may not approve the ESU rezoning application ,unless it simultaneously approves the master plan for the development of the property, subject to such reasonable modifications and conditions as the Board may impose in the exercise of its legislative discretion. 4) If the applicant submits a special use permit application (rather than a proposed master plan) with the ESU rezoning application, then: a. The rezoning application and special use permit application shall be reviewed concurrently by the board of commissioners according to the same procedures and in accordance with the same standards applicable to other special use permit applications; and b. The Board may .not approve 'the ESU rezoning application unless it simultaneously approves the special use permit application for the development of the property, which special use permit may be approved subject to reasonable conditions and requirements as set forth in Section 4. 5) If an ESU rezoning application is approved with a master plan (rather than a special use permit), approval of the master plan under this section does not obviate the need to obtain a special use permit far the individual "pods" or buildings shown on the master plan in accordance with the special use permit provisions Section 4 of this chapter. a. In addition to other grounds for denial of a special use permit application under this chapter, a special use permit may be denied on the basis that the application is inconsistent with the approved master plan. However, if the special use permit is approved, the board of commissioners shall be deemed to have amended the master plan to bring it into conformity with~the special use permit. b. No special use permit for a site governed by a master plan may be denied for reasons set forth in Section 4.2 (Findings of Fact for Special Use Permit) if the basis for such denial involves an element or effect of the development that has previously been specifically addressed and approved in the master plan approval process, unless (i) it can be demonstrated that the information presented to the board of commissioners at the master plan approval stage was materially false or misleading, (ii) conditions have changed substantially in a manner that could not reasonably have been anticipated, or (iii) a basis ' for denial for reasons set forth in Section 4.2 (Findings of Fact for Special Use Permit) is demonstrated by clear and convincing evidence. 6) Subject to Section E.S.a above, master plan approved under this section may only be amended in accordance with the provisions applicable to a rezoning of the property in question. 7) Not withstanding the foregoing provisions, if the Boazd of Commissioners finds during its review of a request for approval of an ESU rezoning and master plan that sufficiently detailed information has been submitted, the Board may approve the master plan as a special use permit for individual site or the entire development. For purposes of this subsection, the phrase "sufficiently detailed information" means that . type and degree of information which allows the Boazd to understand and approve all of the major discretionary design elements of the project, leaving mostly technical or engineering matters to be approved by the staff. If a master plan is approved as a special use permit in this way, the approval process shall follow the same procedures and standards applicable to other special use permit applications. ,Any lot that is subdivided out of a tract for which a master plan has been approved as a special use permit under this subsection may then be developed after a zoning compliance permit has been secured. S) When an ESU rezoning application is approved, and the tract that is subject of this rezoning is proposed to be subdivided, all provisions of the Hillsborough Subdivision Regulations shall be satisfied. a) The applicant may obtain approval of the subdivision simultaneously with the approval of the rezoning or at a later time. b) The subdivision shall be consistent with the terms of the master plan or special use permit (as applicable) that is approved along with the rezoning. c) If the master plan or special use permit that is approved along with the rezoning establishes density, floor area, impervious surface, or similar limitations on the tract that is rezoned or any portion thereof, the subdivision final plat that creates lots out of any portion of the tract so encumbered shall indicate on the face of the plat with respect to each lot such limitations or restrictions as are necessary to ensure compliance with the master plan or SUP. For example, if the master plan or SUP shows a ten acre portion of the tract approved for retail development with a maximum floor azea of 100,000 square feet, then if that ten acre area is subdivided, each lot so created -shall show on the face of the plat the maximum buildings area that can be constructed on that lot. Section 2. Amend 3.4.2 to add the provisions for the Entranceway Special Use District as follows: Entranceway Special Use HoteUmotel SUP Sales & rental of goods Wholly inside building SUP With outside display/storage of retail items SUP Office, clerical, research, and services Class T, wholly inside building SUP Class lZ, wholly inside building SUP Outside permitted SUP Medical facilities SUP Manufacturing, processing, creating, repairing, renovating, painting, cleaning, assembling Wholly inside building SUP Libraries, museums, art galleries & centers SUP Recreation, amusement, entertainment Activity within building SUP Primarily outside SUP Restaurants Accessory cafeteria within another use SUP All other SUP Motor vehicle related sales & service Sales and rental of motor vehicles SUP Parts sales with installation parts &. accessories SUP Motor vehicle repair/maintenance w/out substantial SUP body work SUP Gas sales SUP Car wash Veterinarian SUP Emergency Services SUP Post office SUP Dry Cleaner/Laundry SUP Utilities Facilities Neighborhood SUP Community or regional SUP Open Air markets Open-air markets SUP Horticultural sales with outdoor display SUP Funeral Home SUP Bus station/train station SUP Combination Uses SUP Planned/mixed use development SUP/MP Section 3. Amend Section 3.5.2 to add the provisions for the Entranceway Special Use District as follows: Entranceway Sp. Use Minimum Lot Area 4 ac 2 ace Minimum Lot Width (in feet) 200 ac 1002 Minimum Side Yazd Width (in feet) 20' Minimum Rear Yard Width (in feet) 20' Minimum Front Setback (in feet) 50' Maximum Impervious surface (percent of gross lot) 50% Maximum Building Height (in feet) 60 ' or height of the building whichever is greater z if part of a master plan rezoning Section 4. Add Sections 4.38 - 4.48 as follows: 4.38 Special Use Permit Intent Special Uses (SU) because of their inherent nature, extent of development, or external effects, require special care in the control of their location, design and methods of operation, in order to insure protection of the public health, safety and welfare. It is the intent of this Section to set forth the additional information required for submittal and consideration of SU and to state the standards by which each application shall be judged. Special Use Permits are submitted simultaneously with a rezoning request to a Special Use District. Hearings on both matters are held concurrently. The Boazd of Commissioners must act on the rezoning request before it acts on the permit request. if the rezoning request is denied, the permit request is moot. 4.39 General Standards and Findings of Fact 4.39.1 Subject to 4.39.2, the Board of Commissioners shall issue the requested permit unless it concludes, based upon the information submitted at the hearing that: a) The requested permit is not within its jurisdiction according to the Table of Permissible Uses, or b) The application is incomplete, or c) If complete as proposed iri the application the development will not comply with one or more requirements of this chapter (not including those the applicant is not required to comply with under the circumstances specified in Non-Conformities) 4.39.2 Even if the permit-issuing boards fmds that the application complies with all other provisions of this chapter, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably that not: a) Will materially endanger the public health or safety, or b) Will substantially injure the value of adjoining or abutting property, or c) Will not be in harmony with the area in which it is to be located, or d) Will not be in general conformity with the land-use plan, thoroughfare plan, or other plan officially adopted by the council. 4.40 Burden of Presenting Evidence a) The burden of presenting a complete application to the permit-issuing board shall be upon the applicant. However, unless the board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application, the application shall be presumed to be complete. b) Once a completed application has been submitted, the burden of presenting evidence to the permit-issuing board sufficient to leas it to conclude that the application should be denied for any reasons stated in 4.2.1 shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application. c) The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this chapter remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any other reasons set for in 4.2.2 rests on the parry or parties urging the requested permit should be denied. 4.41 Procedures for Approval of Special Use Permits 4.41.1 Pre-application conference Applicants are encouraged to meet with planning staff before filing a SUP application to go over specific permit and application requirements. 4.41.2 Application Submittal Requirements Applications for SUP shall be filed with the Planning Department. The Planning Director shall prescribe the form(s) on which applications are made, as well as any other material that may reasonably be required to make the determinations called for in the particular case, with 20 copies. The staff shall accept no application unless it complies with such requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application. 4.41.3 Staff analysis On acceptance of a complete application, the staff shall analyze the application in conjunction with qualified representatives of the Town and such other, agencies or officials as appear appropriate in the circumstances of the case, to determine conformity with the Land Use Plan, the provisions of this Ordinance, and other regulations applicable in the case. 4.41.4 Analysis shared with applicant; Dppartunity for Application Amendments The staffs analysis shall be shared with the applicant along with a written list of any deficiencies found in the proposed development. Such notification shall also state the willingness of the staff to confer for the purpose of assisting the applicant in bringing the proposed development into conformity. If the applicant joins in such conferences, change may be made in the original application, further conferences may be held, and additional material may be requested to guide determinations. In the course of such preliminary conferences, any recommendations for changes shall be recorded in writing along with the reasons therefore. Such recommendations shall become part of the record in the case. Applicants shall indicate, in writing, their agreement or disagreement with such recommendations, and the reasons thereof. Such responses by applicants shall also be included in the record in the case. 4.41.5 Notice of Public Hearing Required for all Special Use Permits Notice of the public hearing shall be given once a week for two (2) consecutive calendar weeks in a newspaper of general circulation in Orange County. The notice shall be published the first time not less than ten (10) days no more that twenty-five (25) days before the date fixed for the hearing. In computing such period, the day of publication is not to be such period, the day of publication is not to be included but the day of the hearing shall be included. Written notice shall be sent to all adjacent property owners not less than ten (10) days before the hearing date. Adjacent property owners are those whose property lies within five hundred (500) feet of the affected property and whose names and addresses aze currently listed in the Orange County tax records. 4.41.6 Public Hearing After notice in accordance with Section 4.4.5 is given the Board of Commissioners and the Planning Board shall hold a joint public hearing on the application at the next quarterly joint hearing. The public hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of reasonable and equitable limitations on the presentation of evidence and arguments and the cross- examination of witnesses so that the application may be heazd without undue delay. All persons who intend to present evidence at the public hearing shall be swam. When the applicant presents evidence that the proposed development will conform to all specific provisions applicable to that SU, persons opposed to the granting or members of the Board shall have the burden of presenting evidence contrary to the applicant's evidence or evidence that the proposed development will violate any of the general standazds set forth in Section 4.3. If no such evidence is submitted, the applicant shall be granted the permit. If evidence is submitted, the applicant shall have the burden of overcoming that evidence with further evidence of his/her own. A record of the proceedings of the hearing shall be made and shall include all application materials and documentary evidence presented at the hearing. 4.41.7 Planning Board Action The Planning Board shall consider the Special Use Permit at their next regular meeting following the public hearing and shall prepare a recommendation for the consideration of the Boazd of Commissioners. 4.41.8 Baard of Commissioners Action The Board of Commissioners shall review the record of the public hearing, the Planning Board's recommendation, and the Planning staffs report and shall take action on the application based on findings of fact as to the determinations required in Section 4.2, and the applicable subsection for the specific SU. All findings shall be based on competent evidence presented at the public heazings. 4.41.9 Imposed Conditions The Boazd of Commissioners may impose such reasonable conditions upon approval of a SUP as will afford protection of the public health, safety, and general welfare, ensure that substantial justice is done, and equitable treatment provided. Any conditions based on time must be consistent with the provisions in Section 23 on vested rights. Such conditions shall run with the land and use and shall be binding on the original applicant(s) as well as all successors, assigns, and heirs. If the Board of Commissioners denies the permit, the reasons for its action shall be recorded in the minutes of the meeting. 4.41.10 Native of Decision and Issuance of Conditional Use Permit The staff shall cause notice of the disposition of the application to be delivered by certified mail to the applicant and any aggrieved party who has filed a written request for a copy with the Board at the time of the hearing, and shall cause a copy of the decision to be filed in the Planning Department. In the case of approval or approval with conditions, the staff shall issue the necessary SUP in accordance with the action of the Boazd of Commissioners and the applicant shall record it in the office of the Orange County Register of Deeds within ten (10) days of receipt. 4.41.11 ~ Establishment of Vested Right A vested right pursuant to Section 23 is established by the issuance of a special use permit pursuant to this section. 4.42 Effect of Denial or Withdrawal on Subsequent Applications When the Board of Commissioners shall have denied an application or the application shall have been withdrawn, by written notice, after publication of the first public hearing notice required in Subsection 4.4.6, the Planning staff shall not accept another application for the same or similaz SU, affecting the same property or a portion thereof, until the expiration of one year from the date of denial or withdrawal. 4.43 Appeal of Decision An aggrieved party may appeal a decision by the Boazd of Commissioners on an application far a SUP only to the Superior Court. Such appeal shall be in the nature of certiorari and must be filed within thirty (30} days of filing of the decision in the Planning Office or the delivery of the notice required in Subsection 4.4.10, whichever is later. 4,.44 Minor Changes and Modifications to Approved Special Use Permits After issuance of a SUP, and in accord with subsection 4.7.1, the Planning staff is authorized to approve minor changes in the approved plans of Special Uses, as long as they are in harmony with action of the Board of Commissioners, but shall not have the power to approve changes that constitute a modification of the approval. A modification shall require approval of the Board of Commissioners. 4.44.1 Modifications defined The following items are all modifications to a permit. For the purposes of this section, the term "substantial" shall apply to changes of 5%(or more) for projects with a building square footage of 100,000 or more and changes of 10% (or more) for projects with a building square footage of less than 100,000. a) Any change in a condition imposed during the approval of a SUP b) Any change in use or combination of uses c) Any substantial change in size or intensity of use an authorized use. Increases in the number of dwelling or lode are examples of an increase in intensity of use. d) Structural alterations that substantially affect the basic size, form, style, ornamentation; and/or character of the building shown on the approved site plan or described in the applicant's narrative. e) Substantial change in the amount and/or location of open space, recreation facilities or landscape screening. f) Any increase in the size or number of approved signs. g) Any change in parking areas resulting in an increase or reduction of ten (10) percent or more in number of spaces. Reductions caused by shared parking among uses are not considered modifications. h) Substantial changes in pedestrian and/or vehicular access or circulation. i) Any change in a setback required by the provision of this Ordinance or imposed as a condition of approval. j) Any change in the location or extent of street and utility improvements or rights-of- way, including water, sewer, and storm drainage facilities, which would provide a different level of service. k) Any combination of minor changes that in the determination of the planning staff are, taken together, substantial in nature. 4.44.2 Review of Record Required The Planning staff shall, before making a determination as to whether a proposed action is a minor change or modification, review the record of the proceedings on the original application for approval of the SU. The determination shall be based upon the request of the applicant, the review of the approval records of the original request and the Planning staff s findings under the criteria of Section 4.7.1. 4.44.3 Actfon Required on Proposed Minor Changes or Modifications The Planning staff shall, if it is determined that the proposed action is a minor change, state the fmdings in writing to the applicant. The applicant shall file with the Planning staff an amended site plan, or written statement, outlining in detail the minor change(s) proposed. The Planning staff shall file the amended site plan or written statement with the originally approved site plan. If it is determined that the proposed action is a modification, the Planning staff shall require the applicant to submit a request for modification of the approved SUP. The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. The Planning staff shall submit the request to the Board of Commissioners. If the Board finds the modification substantial in its impact, or wishes to have additional public input, it may set a public hearing to receive testimony concerning the modification request. Any public heazing called pursuant to a request for a modification. of an approved SUP shall be held in conformity with the requirements of Section 4.3.5 - 4.3.6. The Boazd may approve, approve with conditions or disapprove the application for a modification. The Planning staff shall file the Board's action as an amendment to the original application. 4.45 Expiration of Special Use Permit An approved Special Use Permit expires 24 months from the date of approval if the project approved has not begun construction or received an extension by the Board of Commissioners. Extensions may be in the form or a longer expiration time approved with the initial SUP, or a sepazate request made in writing before the expiration of the standard 24 months. For the purposes of this section "begun construction" shall mean that the walls of any building to be built for the project are under construction. 4.46 Revocation of Special Use Permit The Board of Commissioners may revoke a SUP after a finding of the existence of any one of the fallowing conditions: a) That the physical construction or activity authorized by a SUP has not commenced within the time limit set in Section 4.8. b) That the governmental licensees or permits required for the activity authorized by a SUP have not been obtained or have subsequently been terminated; or c) That any of the applicable requirements of this Section or any conditions attached to the SUP or modification of SUP have been violated. The Board of Commissioners may consider reapplication for a SUP on property on which a previous permit has been revoked provided that all of the standards which are set forth in this Ordinance aze met. 4.47 General Requirements The following additional information is required for all Special Use Applications. Twenty (20) copies of a complete application prepared by the appropriate combination of the following professionals: land surveyor, engineer, landscape architect, architect, or attorney, which shall contain the following items. Staff may determine that same requirements are not applicable to all applications. a) Scaled site-specific development plan indicating the locations of all buildings, parking lots, landscaping, display, storage, and service areas, dumpsters, air handling units, signage, and other permanent fixtures. b) Survey of property boundaries c) Legal documents indicating unified control over site d) List of anticipated uses for each building (from permitted use table), expected number of employees, hours of operation, and build-out schedule for each. e) Architectural elevations of all proposed structures and signs including materials and colors f) Transportation plan including internal traffic flow, impacts at external connections and impacts on & improvements to existing facilities g) Utilities plan (location, size, existence, and off site improvements) h) Stormwater management plan i) Landscaping plan, including perimeter and/or interior buffers j) Exterior lighting plan (fixture type, intensity, and intensity at property line) k) Land suitability analysis including topography, soil types, hydrology, vegetated azeas 1) Environmental protection plan indicating how items in (k) are protected m) Locations and widths of all easements and rights-of--way within or adjacent to the site. n) Names and addresses of owners and applicants. o) A fee, as set by the Board of Commissioners. - 4.48 Performance standards This section establishes criteria pertaining to appearance in the design of a site, buildings and structures, landscaping, signs, and other miscellaneous features that aze observed by the public. Aesthetic criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which result in creative solutions that will promote visual appeazance within the city and county, preserve taxable values, and promote the public health, safety and welfare. 4.48.2 Standards generally a) Harmonious and eff cient organization. The site plan shall be organized harmoniously and efficiently in relation to existing topography, the size and type of plot, the chazacter of adjoining property, and the type and size of buildings. The site will be developed to facilitate orderly development of surrounding property and with minimal disturbance to the natural environment. b) Preservation of natural state. Desirable vegetation or other unique natural features shall be preserved in their natural state when practical. The Environmental Protection Plan shall include the locations of all existing trees 12" diameter four feet above the ground. c) Enhancement of residential privacy. The site plan shall provide reasonable visual, lighting, and sound privacy for all adjacent dwelling units. d) Emergency access. Structures and other site features shall be arranged to permit practical emergency vehicle access to all sides of buildings. e) Access to public ways. Every structure and dwelling unit shall have access to a public street, walkway or other area dedicated to common use. f) Nan-motorized circulation. Anon-motorized circulation system shall be provided which is direct, efficient, and pleasant.. The system shall be complementary to, but independent of the vehiculaz circulation system. g) Design of access and egress drives. The location, size, and numbers of ingress and egress drives to a site will be strictly limited to minimize the negative impacts on public streets and on adjacent property. This shall include formal entryways and access to outpazcels from inside the development only. h) Coordination wfth off-site circulation systems. The arrangement of rights-of--way or easements for circulation shall coordinate with the pattern of existing and planned streets, pedestrian and/or bicycle pathways and transit routes in the area. Connection to adjacent properties is encouraged where possible. i) Stormwater control. Protective measures shall ensure that removal of stormwater runofF will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made for construction of wastewater facilities including grading, gutters, and piping to direct stormwater and prevent erosion. Surface water on all paved areas shall be collected at intervals that do not obstruct vehicular or pedestrian traffic. j) Exterior lighting. Location, type, size and direction of exterior lighting shall not glare or direct illumination that interferes with adjacent properties or safety of public rights-of--way. k) Protection of property values. Elements of a site plan shall be arranged to have minimum negative impact on values of adjoining property and other on-site uses. 4.48.3 Specific standards Unless otherwise indicated here, the relevant standards for the Office Institutional district shall apply. Where actions, designs, or solutions proposed by the applicant are not literally in accord with the applicable regulations of this ordinance, but the Board of Commissioners makes a finding in the particular case that public purposes are satisfied' to an equivalent or greater degree, the Board may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the approved permit. a) Relationship of buildings to site. 1. The site shall be planned to provide for adequate planting, safe pedestrian movement, and parking areas. 2. Parking areas shall be treated with decorative elements, building wall extensions, plantings, beams, or other innovative means so as to screen parking areas from view from public ways and reduce heat generated by paved areas. 3. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. 4. A11 utility services shall be underground. b) Relationship of buildings and site to adjoining areas. 1. Attractive landscape transition to adjoining properties shall be provided. 2. Lighting intensity at the property line adjacent to residential uses shall not be greater than'/z footcandle. c) Building design. 1. Architectural style is not restricted. Evaluation of the appearance of a project shall be based on its relationship to the surroundings. Primary and pedestrian facades are encouraged to complement and reflect the characteristics of downtown Hillsborough. 2. Specific building materials are not endorsed. Evaluation of the appearance of a project shall be based on the relationship to surroundings. i. Materials and design shall be compatible with each other in multiple building projects. ii. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Utilitarian materials shall be limited to inconspicuous facades and non-public or service areas. Materials with unique or special character are encouraged. 3. Buildings and building components, such as walls, windows, doors, eaves, and parapets, shall have human proportions and relationships to one another. 4. Mechanical equipment or other utility hazdware on the roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways. This provision does not apply to the installation of electric vehicle chazging stations. 5. Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. 6. Recycling and waste removal areas, service yazds, storage yazds, and exterior work areas shall be located away from and screened from view from public ways, using materials as stated in criteria for equipment screening. Areas shall be sized to accommodate changes in technology and local refuse ordinances. 7. Vaziation of detail, form, material, and siting may be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a rnonatanous appearance. d) Landscaping and site treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utility structures. New and existing vegetation shall be maintained in a flourishing manner. 1. Natural or existing topographic patterns contributing to the beauty and utility of a development shall be preserved and developed. Modification to topography will be permitted where it contributes to good appearance and does not adversely affect significant natural features and drainageways. 2. Grades of walks, parking spaces, terraces, and other paved azeas shall provide an inviting and stable appearance. 3. Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important visual corridors, and provide shade. 4. Unity of design shall be achieved by repetition of certain plan vazieties and other materials and by correlation with adjacent developments. 5. Plant material shall be selected far its structure, texture, and color for interest and for its ultimate growth. Use of native plants is encouraged; others that will be hardy, harmonious to the design, and of good appearance can be allowed. 6. Appropriate curbs, tree guards or other devices shall be employed to protect plants susceptible to injury by pedestrian or motor traffic. 7. Pazking areas and trafficways shall be enhanced with landscaped spaces containing trees or tree groupings. 8. Service yards and other unsightly places shall be screened by use of walls, fencing and/or planting. . e) Signs 1. Every sign shall have appropriate scale and proportion in its design and in its visual relationship to buildings and surroundings. A unified signage plan shall be submitted and approved with the Special Use Permit. 2. Every sign shall be designed as an integral. architectural element of the building and the site to which it principally relates. 3. The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates. 4. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the total area of the sign face. 5. Freestanding signs shall not exceed 7 feet in height and shall not be pole- mounted. f) Maintenance, planning and design factors. 1. Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements; neglect, damage, and abuse. 2. Provisions far cleaning buildings and structures and control of dirt and refuse shall be included in the design. Configurations that tend to accumulate debris and dirt shall be avoided. - g) Transportation Network Capacity 4.48.4 Specific Standards by use a) Sales & rental of goods -With outside display/storage of retail items 1) Outside storage and display of retail items shall be clearly delineated on the site plan. 2) Outside display and storage of retail may be located in a fenced or screened area. 3) Fenced areas must be enclosed on four sides by fencing or buildings, may be open to the sky, and the fence material must be as tall as the materials - enclosed. 4) Outside displays may nat encroach on pedestrian ways, fire lanes, required parking spaces, travel lanes, or landscaped areas. b) Office, clerical, research, and service --Outside permitted 1) Financial institution drive-up services shall be limited to 3 alleys per building. . 2) Sites will not have direct driveway connections to streets classified as arterial. 3) Drive-up windows shall not be located on the primary or pedestrian oriented facades. 4) Stacking space for drive-up areas shall be sufficient to not inhibit traffic flow on the site. c) Medical Facilities 1) Entrances used for ambulances and biomedical waste vehicles shall not be on the primary or pedestrian oriented facades. d) Manufacturing, processing, creating, repairing, renovating, painting, cleaning, assembling 1) Applicants shall provide expected traffic mix percentages for employees, delivery and service vehicles, and patrons. 2) Parking and accommodation areas for each type shall be appropriately sized and located. e) Recre ation, amusement, and entertainment 1) Uses shall indicate their maximum building capacity and their expected peak usage times 2) Shared parking with adjacent uses that have different usage peaks is encouraged. 3) The location of these uses should reflect consideration of their potential impact on adjacent uses. f) Restaurant 1) Outdoor eating areas shall be screened, landscaped, or otherwise located to provide a pleasant experience to the patrons. 2) Outdoor play or recreation areas shall be located on the pedestrian facade. 3) Sites will not have direct driveway connections to streets classified as arterial. 4) Changeable message signs will not be permitted. 5) Drive-up windows menu boards shall not be located on the primary or pedestrian oriented facades. 6) The location of restaurants on a site or within a development may be limited by the close proximity of similar uses. 7) Stacking space for drive-up azeas shall be sufficient to not inhibit traffic flow on the site. 8) Freestanding restaurants in the Limited Office District shall not be allowed drive-up windows. 9) Freestanding restaurants in the Limited Office District shall be located within 1000 feet of and accessible to pedestrians from 20,000 square feet of existing office space. g) Sales and rental of motor vehicles 1) Outside display of vehicles between the primary facade and the street is limited to an area not greater than 5% of the gross building square footage or 20 vehicles, whichever is less. 2) Outside displays shall not be in standard paved parking spaces, but in more creative arrangements. Vehicles in standard parking spaces shall nat be available for sale, lease, or rent. 3) Parts sales with installation of motor vehicle parts & accessories 4) Service bay doors shall not be located on the primary or pedestrian oriented facades. 5) No outside display or storage of retail goods unless approved as a combination use. h) Motor vehicle repair & maintenance without substantial body work 1) Vehicles awaiting repair will be screened from the remaining site. 2) Service bay doors shall not be located on the primary or pedestrian oriented facades. 3) No outside display or storage of retail goods unless approved as a combination use. i) Gas Sales 1) A maximum of eight vehicles may be served at one time. 2) Sites will not have direct driveway connections to streets classified as arterial or collector. 3) Changeable message signs will be permitted to display the price of fuel only and will not exceed 50% of the sign area for the use. j) Veterinarian 1) Veterinarian and animal hospital uses do not include the overnight boarding of healthy animals. 2) Other pet related services might be permitted as accessory uses. k) Combination Use 1) When a combination of two or more uses is proposed and the standards are different, the more stringent standard shall be applied. Section 5. Designate the existing pazagraph under the Section 9.5 heading as Section 9.5.1. Add Section 9.5.2 as follows: 9.5.2 Extension or Enlazgement of Nonconforming Situations in Limited Office District a) Anon-conforming use that operates within an enclosed building in the Limited Office District may expand by enlarging the buildings within which the use is conducted or by adding or enlarging an existing outdoor display area within 24 months of the effective date of this section, so long as: 1) The area of the enlargement of the non-conforming use' does not exceed twenty-five percent (25%) of the gross floor azea occupied on the effective date of this section by the nonconforming use; and 2) The volume of vehiculaz traffic associated with the enlargement of the non-conforming use will not exceed twenty-five percent (25%) of the existing (before enlargement) vehicular traffic. b) Any proposed enlargement of anon-conforming use within the Limited Office District which meets the criteria set forth in subparagraph (a) above may be approved by the Planning Staff. If, however, the proposed enlargement exceeds the standards set forth in subpazagraph (a) above, or the Planning Staff concludes that the proposed enlargement would have detrimental impacts on adjoining or abutting properties, then the enlargement may only occur upon the approval of a site plan by the Board of Adjustment or a Special Use Permit by the Board of Commissioners. Section 6. The review fee for a Rezoning to Entranceway Special Use and Special Use Permit or rezoning and master plan review shall be set at $200, the same as a regular rezoning. Modifications to Special Use permits or Master Plans shall carry a $50 fee, the same as modifications to Site Plans. Section 7. All provisions of any'town ordinance in conflict with this ordinance aze repealed. Section S. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 18`" day of January 2001. Ayes: Noes: Absent or Excused: Beverly Blythe Clerk to the Board of County Commissioners