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

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Article 3: Base Zoning Districts 18 Section 3.7: Economic Development Districts MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved through a Special Use Permit, Class A process regardless of use. 8. All zoning lots greater than 2.0 acres shall only bc approved through a Spccial Use Permit, CI=A proccs& regardless of use.3 9. Any nonresidential use within two hundred feet of a residential subdivision a lot smaller than 2 acres in size with an existing dwelling unit shall require a Special Use Permit, Class A.4 10. Direct driveway access to an arterial or major collector shall be prohibited. A frontage or service road shall bc dedicated and constructed to provide access along all arterials or major collectors. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no-rise certification from the NC Department of Public Safety National Flood Insurance Program of, b)be located on a slope greater than 15%, or c) disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.5 No drive through facilities may be constructed in this district.6 A justification for any deviation to development standards must state a public benefit or purpose. 13. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 14. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 15. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 16. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. s In order to promote economic development opportunities, Staff is suggesting deletion of standards 7 and 8 which require a Class A Special Use Permit for projects above a certain size. Staff notes that standard#9 is suggested to remain in place;this standard requires a Class A Special Use Permit for any nonresidential use located within 200- feet of an existing residential use on a smaller lot size. Typically,SUPs are used to require that a specific type of use(e.g., utility substations or wireless communication towers) be required to prove, in a quasi-judicial setting, that the use will meet the standards found in Section 5.3.2 of the UDO. It is unusual to require any use that reaches a certain size or that is located on a lot smaller or larger than a certain size be required to obtain a SUP. It should be noted the deletion of standards 7 and 8 will cause the automatic renumbering of the remainder of the list below 8(e.g., existing#9 will become#7 if 7 and 8 are deleted,and so on). 4 The Attorney's office has advised that the term "residential subdivision" is vague and should be revised to a more definitive standard, particularly since the idea in#9 is proposed to be applied to EDH-3. The lot size suggested (2 acres or smaller) is being suggested because the vast majority of existing residential uses near EDH zoning boundaries are located on lots smaller than 2 acres in size. It should also be noted that Section 6.8.12(C) requires additional landscaped buffers at the perimeter of the EDDs and adjacent to interstates and certain roadways. 5 Staff is suggesting revised language because existing language provides no by-right flexibility to the requirement for frontage(or backage) roads in cases where site features might warrant flexibility in the requirement. The terms limited access street and marginal access street are existing terms and definitions in the UDO. Additionally, staff will bring an Amendment Outline Form to the BOCC after the summer break to receive authorization to develop an Access Management Plan for Hillsborough EDD. Section 2.5.3(V)of the UDO requires that site plan be in compliance with adopted access management plans; having an adopted access management plan will allow staff to require that parcels reserve access easements for future connectivity. 6 Deletion of this standard will cause the automatic renumbering of standards currently below it. Orange County, North Carolina—Unified Development Ordinance Page 3-55