File #: 14-0045    Version: 1 Name:
Type: Agendas Status: Passed
File created: 2/8/2014 In control: Board of Aldermen
On agenda: 2/18/2014 Final action: 2/18/2014
Title: Request-to-set a public hearing on Land Use Ordinance Amendments to Allow Additional Uses in the M-1 Zoning District with a Conditional Use Permit PURPOSE: The purpose of this item is for the Board to consider setting a public hearing on potential text amendments to the Land Use Ordinance to allow additional uses in the M-1 zoning district with a conditional use permit, subject to certain criteria. A draft ordinance has been prepared for the Board's consideration. A resolution setting a public hearing date for March 25, 2014 and requesting advisory board review prior to the hearing has also been prepared.
Attachments: 1. Att A - Resolution, 2. Att B - Text Amend Request, 3. Att C - Draft Ordinance_Certain Uses in M-1 District, 4. Att D - LUO Article IX-Manufacturing
TITLE: Title
Request-to-set a public hearing on Land Use Ordinance Amendments to Allow Additional Uses in the M-1 Zoning District with a Conditional Use Permit
 
PURPOSE:  The purpose of this item is for the Board to consider setting a public hearing on potential text amendments to the Land Use Ordinance to allow additional uses in the M-1 zoning district with a conditional use permit, subject to certain criteria.  A draft ordinance has been prepared for the Board's consideration.  A resolution setting a public hearing date for March 25, 2014 and requesting advisory board review prior to the hearing has also been prepared.   
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DEPARTMENT: Planning  
 
CONTACT INFORMATION: Christina Moon - 919-918-7325; Marty Roupe - 919-918-7333; Mike Brough - 919-929-3905   
 
INFORMATION:  In May of 2013, Runyon Woods of Woodhill, Inc. LLC submitted a text amendment request to allow restaurants, banks with drive-thru windows and freestanding ATM tellers within the M-1 Zoning District (Attachment B).  During the request to set a public hearing, the Board of Aldermen removed banks with drive-thru windows as a potential new use from the draft ordinance.  Staff presented the revised ordinance to Town advisory boards at the November joint review meeting.  A public hearing was held on November 19, 2013.  The Planning Board and Economic Sustainability Commission had a number of questions and suggestions for refining the draft ordinance.  The Board of Aldermen, likewise, had a number of questions during the public hearing and requested additional information.  
 
On January 14, 2014, the Board held a work session item to further discuss the implications of adding new uses to the M-1 Zoning District.  Prior to the work session, discussions relating to the text amendment have focused on allowing some higher return land uses in exchange for site improvements and/or building elements that would provide essential public infrastructure and create a more vibrant and successful community.  The Town adopted similar performance standard language as part of the establishment of the B-1(g) conditional zoning district (Section 15-141.4) in 2011.  Discussions have not included much attention toward potential ways to encourage or even require light manufacturing as a component of a development project in exchange for access to additional land uses.  The January work session was designed to facilitate such a discussion based on a series of alternatives for moving forward.  
 
The Board directed staff to modify the draft ordinance to incorporate the recommendations from the advisory boards, in particular: requiring site improvements or building elements that would contribute to a more vibrant and successful community for any percentage of additional uses and to adopt a cap the total amount of new uses (Attachment C).  The Board expressed interest in exploring ways to encourage or even requite light manufacturing as part of a future agenda item that could involve a more comprehensive analysis of the Town's long-term needs.  
 
The Board of Aldermen must receive public comment before adopting amendments to the LUO; Planning Board and Orange County review is also needed.  
 
FISCAL & STAFF IMPACT:  Public hearings involve staff and public notice costs associated with advisory board and Board of Aldermen review.  The applicant has paid the Town fee associated with processing a text amendment to the Land Use Ordinance.  
 
RECOMMENDATION:r Staff recommends that the Board of Aldermen consider the attached resolution, setting a public hearing for March 25, 2014 and referring the proposed amendment to Orange County, the Planning Board, the Transportation Advisory Board and the Economic Sustainability Commission.