Agenda - 12-13-2016 - 5-a - Unified Development Ordinance (UDO) Amendments – Hillsborough Economic Development District

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2 4. Adopt the amendments regarding residential use restrictions only and instruct staff to incorporate the proposed new EDD uses into other current text amendments. The proposed amendments may be adopted restricting certain residential uses within the EDD. The Board would not adopt the proposed new EDD uses but instruct staff to incorporate those uses into the reorganization of the Table of Permitted Uses that the BOCC will consider in 2017 (UDO/Zoning matter 2016-05 "Amendments to permitted use tables clarifying permitted and prohibited land uses"). This option is the staff recommendation shown below and is also the County Attorney's recommendation. 5. Review the newly listed land use categories for all districts. This option will require a continuance to allow staff to prepare appropriate documentation. BACKGROUND: This item was heard at the September 12 Quarterly Public Hearing where the BOCC continued the public hearing until the November 1, 2016 BOCC meeting to give staff time to incorporate suggested revisions and time for the Planning Board to review the revisions. Comments made at the September 12 hearing which resulted in revisions considered at the November 1 meeting included: • A suggestion that drive-through facilities be allowed in all EDH zoning districts. A current Development Standard in the Article 3 charts prohibits such facilities in each of the EDH districts. Based on BOCC discussion, the proposed text amendments have been modified to allow drive-throughs in all EDH districts. • Concern over certain Manufacturing uses that are listed in the North American Industry Classification System (NAICS) Code but not desired as permitted uses in the Hillsborough Economic Development District. At the November 1 meeting, additional discussion regarding uses contained in the NAICS Code occurred and the public hearing was continued until December 5 (when it was continued again until December 13) to give BOCC members time to review the NAICS Code, provide comments to staff, and for staff to incorporate comments. In the interest of limiting the length of this agenda item, the NAICS Code is not included in this agenda item as it has been included with previous agenda items and is available for viewing in the materials for the November 1 agenda item. The Ordinance in Attachment 3 is the proposal that was presented at the November 1 meeting. As staff has stated in previous meetings, a comprehensive reorganization of the Tables of Permitted Uses to bring the UDO into conformity with a recent judicial decision (Byrd v. Franklin County) is currently underway. Because of this ongoing work and the logistics and legal considerations of working with, essentially, a new Table of Permitted/Prohibited Uses, staff is recommending that the revisions to the uses allowed in the EDH districts be incorporated into the reorganization work. The reorganization project is expected to be discussed by the BOCC at a work session on February 13, 2017 (as a special work session after the Quarterly Public Hearing). Since much time and effort has been expended in considering the uses for the EDH districts during 2016, staff suggests that the BOCC direct staff to incorporate the information in Attachment 5 into the reorganization project as the expected direction the County is moving towards for uses in the Hillsborough EDD. While these use modifications would not be effective until the reorganization is adopted (the public hearing is expected for September 2017), staff