STAFF REPORT & CONSISTENCY STATEMENT

Transcription

1 STAFF REORT & ONSISTENY STATEMENT To: From: cc: ity of Boiling Spring Lakes Board of ommissioners Nicole Morgan; lerk to the Board Jeff Repp, ity Manager; Ruth Bek, hief ode Enforcement Officer; Bill Lathrop, ode Enforcement Officer Date: February 9, 09 Re: General UDO Updates The lanning Board unanimously recommended approval of several updates to the Unified Development Ordinance at a Special all meeting held on February th, 09, after a review of Article ; Zoning Districts, Article ;, and Article 9; Development Review rocess. The attached report includes strikethrough (language proposed for deletion) and underline (new language) formatting. UNIFIED DEVELOMENT ORDINANE UDATES Following is an overview of the ordinance updates recommended for approval: Inclusion of Mixed Use as a permitted use in the A ommercial/service District (mixed use definition: a principal structure where one or more dwelling units are located on an upper floor over a non-residential use) Deletion of section headings in the Table of ermitted/onditional (table will be reformatted in alphabetical order upon adoption) Inclusion of additional uses in the & A zoning districts (indoor/outdoor flea markets, warehouses, etc.) Reduction in the number of onditional Use requirements General updates to Article ; (section title updates, reduction of fence height requirement in Outdoor Storage, inclusion of construction equipment & materials in Outdoor Storage, etc.) Requirement for final as-built surveys Update to plot plan procedure for single-family & two-family residential development ARTILE Section. rimary Zoning Districts (I) A ommercial/service District: This zoning district is intended for commercial/retail/office/trades and associated crafts in accordance with Section. Table of ermitted/onditional. allows exclusively for non-residential uses. Trades and associated crafts are permitted in accordance with Section. Table of ermitted/onditional. This district also allows for Mixed Use, in accordance with Section. Table of ermitted/onditional.

2 Section. Table of ermitted/onditional (uses with recommended updates have been highlighted) A I- ON RE Residential and Related Single-family dwelling S S S S S S S Section.8 Two-family dwelling (duplex) S S S Section.8 Manufactured home - single wide S S Section.7 Manufactured home - double wide S S Section.7 Multi-family residential, including townhouses S S S Section.0 Accessory Accessory Dwelling Unit S S S S S S S Section. Accessory buildings S S S S S S S S S S S S Section. Bank teller machines (ATM), attached Bulk hazardous/flammable material storage S Section. emeteries and mausoleums S Section. Docks/piers/bulkheads and waterside structures Section 7.7 Home occupation S S S S S S S Section.9 In-Home Adult/Daycare enter S S S S S S S Section. Outdoor Storage (includes open storage) S S S S Section. Outdoor Display S S S S S Section. roduce stand Recycling center, municipal S S S S S S S S S S S S Section. Residential domestic and farm animals S Section. Satellite dish antennas S S S S S S S Section.8 Self-service Ice Vending Machines S Section.9 Swimming pool S S S S S S S S S S Section. Storage units/containers S S S S S S S S S S S Section.,.,. Temporary construction buildings S S S S S S S S S S S Section. Non-Residential Accounting agencies Adult businesses S Section.

3 A I- ON RE Adult care home Advertising agencies Alcoholic beverages, retail Agriculture Animal Shelter Section. Antique shop Arboretums & botanical gardens Arcades Archery range, indoor/outdoor S S Art galleries Assisted Living Residence Attorneys S S Section.9 Auction House S S S S Section. Audio & video production services Automobile dealerships, new & used S S S Section. Automobile lubrication shop S S S Section. Automobile/motorcycle repair shop S S S Section. Automobile parts and supply Bakery (retail) Banks S S Section.7 Bank teller machines (ATM), freestanding Barber & beauty shops Bed & breakfasts S S S Section.8 Boat ramp (motorized and unmotorized) Section.9 Boat sales, repairs S S S Section.0 Bodywork therapy (see massage therapist) Book & periodical store Bowling alley or skating rink ar wash S Section. rematory hiropractic Religious Institutions S S Section.

4 A I- ON RE lub omputer sales & repair ommunity center ommunity garden ontinuing care facility ontractors offices rafts & hobby shops (toy & games) Dancing & bingo Daycare, Adult and children s S Section.0 Deli Dinner theaters Dog grooming Drug stores Dry cleaning & laundromats Electrical equipment sales & repair Electronic Game Operations S Section. Electrical repair or contractor Engine repair (small, including motorcycle) Engineering/surveying/architectural services Exercise & physical fitness centers Exterminating service Farm Building Farm & garden supply Farmers market Financial services Fire stations Firing Range S S Section. Flea market, indoor Flea market, outdoor Flower shops Food stores Funeral home Furniture retail

5 A I- ON RE Gas station & convenience stores Section. General contractors Gifts & souvenirs Golf course, club house/pro shop/driving range, golf course restaurant, bar, banquet, catering & meeting S S S S Section.7 Golf courses (including driving ranges) S S S S Section.7 Governmental offices and buildings Section.8 Greenhouse and plant nursery (retail) Grocery Store Gunsmith, including repair Handicapped/aged/infirmed services Hardware Heating and air condition installation and repair Home appliance repair) Home appliance dealers Home building supply (retail-contractor) Hospital S S Section.0 Hotels & motels Ice cream stand or store Indoor theaters or auditoriums Insurance office Interior decorating service Jewelry Junkyard/salvage yard S Section. Kindergarten/nursery schools S S S Section. Landscaping service Leather goods S S S S Section. Library (renamed Alcoholic beverages ) Locksmith Manufacturing, artisan Manufacturing, general Manufacturing, intensive

6 A I- ON RE Manufacturing, limited Massage therapist (licensed per GS 90-) Meat butcher Medical & dental offices/clinics S S S Section. Medical & dental offices/clinics (greater than 0,000 sf) S S Section. Medical support offices (testing labs) Metal working Microbrewery/microdistillery S S S S Section.7 Mini storage units (indoor) S S Section.8 Miniature golf Mixed Use S S S Section.9 Multi-unit Housing with Services Museum Music studio Musical instrument and service Novelty shops Nursing homes S S Section. Office complex Office, general Opticians Outdoor storage S Section. aint/glass/wallpaper awn hotography studios icture framing lumbing repair contractor ool hall ostal shipping & receiving ottery products rint shop (quick copy, cards, letterheads, etc.) rivate clubs or lodges (operated for the members and not for profit)

7 ropane/acetylene Wholesale/ Retail or Distribution sychological services A I- ON RE ublic & private schools, colleges, and universities S S Section. ublic parks and recreation areas ublic utility, excluding sewer treatment facilities Radio/TV station Real estate office/appraisal Recreational Vehicle ampground S Section. Recycling center S Section. Rental equipment Research and development business S S Section. Restaurants (drive through/in) S Section.7 Restaurants (eat in, no drive through) Retail complex mini unit center/mini mall Retail trade Seafood markets Sewer treatment facilities Shoe store or repair p Solar farms S Section.0 Spas & health clubs Specialty training schools (driving, modeling, flying, photography, etc.) Sporting goods and services Stationary Substations/pump/telephone stations S S S S S S S S Section. Swimming pool S S S S Section. Tailor/dressmaker/seamstress Taverns Tattoo and body piercing (See Wireless Telec.) Tobacco shop Travel agencies 7

8 A I- ON RE Upholstery furniture repair Veterinarian animal clinics (excluding kennels) Warehouses wholesale use (enclosed) Wireless Telecommunication Facility or omplex, Freestanding and Substantial Modifications Wireless Telecommunication Facility, ollocation or ollocated Small/Micro Wireless Facility S S S Section. S S S S S S S S S S S S S Section. Woodworking (retail) Youth center S S S S Section. 8

9 Article : Section. Accessory and Buildings (I) ommercial Sites Moved to. &. () A portable storage unit shall not exceed forty (0) by eight (8) feet wide by nine (9) feet high. () Shall be placed on the site meeting the setback requirements of Article of the UDO and shall not be visible from the street. () If the commercial property adjoins residential property, storage containers are not permitted. Section. Residential Accessory Dwelling Unit Section. ommercial Outdoor Storage (accessory) The keeping, in an unroofed area, of any goods, junk, material, or merchandise in the same place for more than hours. (A) (B) () (D) All outdoor/open storage areas shall be fenced with a minimum of a six () foot fence. Evergreen shrubs shall be planted at a minimum of three () feet separation around the fencing perimeter for any parcel adjoining residential property or any section of fence facing a street. Such a buffer may count towards meeting any additional required landscape buffering. Where possible, all outdoor storage materials shall be kept in the rear of buildings and in no case shall outdoor storage materials be located in any required setback. A portable storage unit shall not exceed forty (0) by eight (8) feet wide by nine (9) feet high. Section. ommercial Outdoor Storage (principal) Automobile, boat, and recreational vehicle, construction equipment and related material/equipment storage shall be allowed as a principal use pursuant to the use tables provided in Section., subject to the following conditions: (A) All storage areas on the site shall be secured by a fence at least eight (8) six () feet tall, uninterrupted except for required vehicle access points to prevent unlawful entry. 9

10 (B) () All storage areas shall be screened so that a person six feet tall cannot see stored items when standing at ground level on all adjacent properties and the public right of way within 00 feet of the property line. This screening may be accomplished through an opaque fence or wall or landscaping with 00% evergreen plant material planted at a feet minimum and feet minimum at maturity at a spacing of every feet. A portable storage unit shall not exceed forty (0) by eight (8) feet wide by nine (9) feet tall. Section 9. urpose and Applicability (D) A as-built foundation survey shall be submitted to the UDO Administrator by the applicant upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work order shall be issued, and all construction shall be halted until the problem is remedied. rior to the issuance of a ertificate of Occupancy by Building Inspections, the UDO Administrator, or his designee, shall conduct a final zoning inspection. If any alterations have been made to the original approved site plan, and/or if the original approved site plan indicated the dwelling and/or any accessory structures/buildings were within two () feet or less of the required minimum setbacks, a final as-built survey, completed by a licensed surveyor shall also be required, and shall indicate the location of all site improvements. Section 9. lot lan rocedures ( ) Single-family detached and two-family residential (duplex) development. () For principal single-family and duplex development, the plot plan shall be drawn using a recent boundary survey (less than years old). The plot plan and survey shall be prepared by a licensed surveyor. NOTE: The recent survey may serve as the base whereby the proposed development is to take place. A surveyor is not required to prepare the plot plan. 0

11 LANNING BOARD ONSISTENY STATEMENT (A) X The lanning Board hereby recommends approval of the proposed amendments to the Unified Development Ordinance and finds that it (i) is consistent with policy # The ity shall update the Unified Development Ordinance (UDO) to address legislative changes, site plan review standards, subdivision regulations, dimensional standards, and other items deemed necessary by the lanning Board, Board of ommissioners, and ity staff, and (ii) that it is in the public interest because it will advance the public health, safety, and/or welfare of the ity of Boiling Spring Lakes. (B) The lanning Board hereby recommends denial of the proposed amendment to the Unified Development Ordinance and finds that (i) it is not consistent with the ity s comprehensive plan (07 Land Use lan) and all other applicable plans and policies adopted by the ity for the following reasons: and/or (ii) it is not in the public interests for the following reasons:. Motion to Recommend Approval (A) X Motion to Recommend Denial (B) (For Against 0 Abstained ) BOARD OF OMMISSIONERS ONSISTENY STATEMENT (A) (B) The Board of ommissioners hereby finds that the proposed updates to the Unified Development Ordinance (i) is consistent with policy # The ity shall update the Unified Development Ordinance (UDO) to address legislative changes, site plan review standards, subdivision regulations, dimensional standards, and other items deemed necessary by the lanning Board, Board of ommissioners, and ity staff, and (ii) that it is in the public interest because it will advance the public health, safety, and/or welfare of the ity of Boiling Spring Lakes. The Board of ommissioners hereby finds that the proposed updates to the Unified Development Ordinance (i) is not consistent with the ity s comprehensive plan (07 Land Use lan) and all other applicable plans and policies adopted by the ity for the following reasons: and/or (ii) it is not in the public interests for the following reasons:. Motion to Adopt Statement (A) Motion to Adopt Statement (B) (For Against Abstained )