AGENDA ITEM COVER SHEET PUBLIC HEARING Use This Form When Submitting Items for the Town Council Agenda No

AGENDA ITEM COVER SHEET PUBLIC HEARING Use this form when submitting items for the Town Council Agenda No. 08

Meeting Date: March 19, 2019 Requesting Department: Planning Department Presenter(s): Amanda Bunce, Current Planning Manager

ITEM DESCRIPTION (Brief)

Public Hearing and possible motion regarding various amendments to the Unified Development Ordinance.

ITEM DETAIL (Expanded from Item Description) Approval Recommended? Yes By: Planning Department Yes Planning Board

The Planning Board heard these amendments at their March 11, 2019 meeting and unanimously recommended approval.

UDO Amendment Summary:

Requested by the Planning Committee:

1. Amendments to Secs. 4.2.2 Use Table; 4.3.5.A.2 Use Classifications, Commercial Uses, Adult Use, Bar or nightclub; and 4.4.5.A.2 Supplemental Standards, Commercial Uses, Adult Use, Bar or nightclub to amend the name of the use “Bar or nightclub” to “Bar, nightclub, wine bar, or taproom”, modify the definition and supplemental standards to reflect that change, and to allow that use as a Special Use within the Neighborhood Business (B1) and Downtown Business (B2) zoning districts as well as the Small Town Character Overlay District (STC).

2. Amendments to Secs. 4.2.2 Use Table; 4.3.6.B.8 Use Classifications, Industrial Uses, Production, Microbrewery; and 4.4.6.B.3 Supplemental Standards, Industrial Uses, Production, Microbrewery in order to amend the definition and supplemental standards for the use “Microbrewery” in order to remove the maximum percentage of sales from on-premise consumption, set a minimum production amount, clarify that food sales are permitted, and require that within the Downtown Business (B2) zoning district the use include a tasting room or retail space. The amendments also add the use as permitted within the Sustainable Development (SD) zoning district.

Requested by Planning Staff:

3. Amendment to Sec. 12.2 Terms Defined in order to remove ambiguity from the definition of “Critical Root Zone”.

ATTACHMENTS (Number items if more than one)

1. Staff Report 2. Ordinance

STAFF REPORT Amendments to the Unified Development Ordinance March 19, 2019 Town Council Meeting

Requested by the Planning Committee:

4.2.2 Use Table

Zoning Districts Planned Residential Business Other Standards Definition Development Use Type H H M Section M O M T P S R R L M D D M O B B P L T C S H & E N U T Section(s) A R D D S M H R 1 2 C I F B D P I C D D C F F R Adult use Bar, or nightclub, 4.3.5.A.2 S S S S S ** S* 4.4.5.A.2 wine bar, or taproom

4.3.5 Use Classifications, Commercial Uses

A) Adult Use … 2) Bar, or nightclub, wine bar, or taproom. “Bar” and “nightclub” are synonymous and mean a An non-restaurant establishment that generates more than 49% of its quarterly gross receipts from the sale of alcoholic beverages from on-premise consumption. Bars and nightclubs This use may include live bands, other music, and dancing as well as games of skill such as, but not limited to, pool or darts for use by the patrons of the establishment.

4.4.5 Supplemental Standards, Commercial Uses

A) Adult Use ... 2) Bar, or nightclub, wine bar, or taproom. A Special Use Permit (Sec. 2.3.5) shall be required for all bars, and nightclubs, wine bars, and taprooms. Outside serving areas and outside amplified sound shall be prohibited in bars and nightclubs located adjacent to any residential district except when approved according to the standards found in Sec. 4.6 Temporary Uses and Structures. Limits on service and consumption of alcoholic beverages are found in UDO Sec. 4.3.5.A.2.

4.2.2 Use Table

Zoning Districts Planned Residential Business Other Standards Definition Development Use Type H H M Section M O M T P S R R L M D D M O B B P L T C S H & E N U T Section(s) A R D D S M H R 1 2 C I F B D P I C D D C F F R Production Microbrewery 4.3.6.B.8 P P P P P P P P ** P* 4.4.5.G.17

4.3.6 Use Classifications, Industrial Uses … B) Production ... 8) Microbrewery. A small facility for the brewing of beer that produces more than 300 and less than 15,000 barrels per year. It may include a tasting room and retail space to sell the beer to patrons on the site. This use may include the on-premise sale, service, and consumption of alcoholic beverages and food. as an accessory and secondary use, provided that an establishment’s quarterly gross receipts from the sale of alcoholic beverages for on-premise consumption shall not exceed 49% of the establishment’s quarterly total gross receipts.

4.4.6 Supplemental Standards, Industrial Uses … B) Production ... 3) Microbrewery.

a) A microbrewery located in B1 or PC is permitted as an accessory use to a Restaurant, general.

b) A microbrewery located in B2 shall include a tasting room or retail space.

Requested by Staff:

3. Amendment to Sec. 12.2 Terms Defined in order to remove ambiguity from the definition of “Critical Root Zone”.

12.2 Terms Defined … Critical Root Zone A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree’s survival. For purposes of this UDO, the critical root zone is calculated by measuring the diameter of the tree at breast height (dbh); every inch of diameter is equal to one (1) foot radius of critical root zone. For example, a 12-inch diameter tree has a minimum 12-foot wide critical root zone with a radius of 12 feet. …

PLANNING STAFF RECOMMENDATION: Planning staff recommends approval of the proposed UDO amendments.

PLANNING BOARD RECOMMENDATION: The Planning Board heard these amendments at their March 11, 2019 meeting and unanimously recommended approval.

TOWN OF APEX PUBLIC NOTIFICATION POST OFFICE BOX 250 OF PUBLIC HEARING APEX, NORTH CAROLINA 27502 PHONE 919-249-3426 AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE (UDO)

Notice is hereby given of a public hearing before the Town Council of the Town of Apex for the purpose of soliciting comments relative to the following amendment(s) to the Unified Development Ordinance:

Requested by the Planning Committee:

Requested by Planning Staff:

3. Amendment to Sec. 12.2 Terms Defined in order to remove ambiguity from the definition of “Critical Root Zone”.

Public Hearing Location: Apex Town Hall 73 Hunter Street, Apex, North Carolina Council Chambers, 2nd Floor

Town Council Public Hearing Date and Time: March 19, 2019 7:00 PM

The UDO can be accessed online at: http://www.apexnc.org/233.

Dianne F. Khin, AICP Planning Director Published Dates: February 22-March 19, 2019 AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE UNIFIED DEVELOPMENT ORDINANCE

BE IT ORDAINED by the Town Council of the Town of Apex as follows:

Section 1. Sections 4.2.2, 4.3.5.A.2, and 4.4.5.A.2 of the Unified Development Ordinance are amended to read as follows with additions shown as bold underlined text and deletions shown as struck-through text:

4.2.2 Use Table

4.3.5 Use Classifications, Commercial Uses

4.4.5 Supplemental Standards, Commercial Uses

1 Section 2. Sections 4.2.2, 4.3.6.B.8, and 4.4.6.B.3 of the Unified Development Ordinance are amended to read as follows with additions shown as bold underlined text and deletions shown as struck-through text:

4.2.2 Use Table

Zoning Districts Planned Residential Business Other Standards Definition Development Use Type H H M Section M O M T P S R R L M D D M O B B P L T C S H & E N U T Section(s) A R D D S M H R 1 2 C I F B D P I C D D C F F R Production Microbrewery 4.3.6.B.8 P P P P P P P P ** P* 4.4.5.G.17

4.4.6 Supplemental Standards, Industrial Uses … B) Production ... 3) Microbrewery.

a) A microbrewery located in B1 or PC is permitted as an accessory use to a Restaurant, general.

b) A microbrewery located in B2 shall include a tasting room or retail space.

Section 3. Section 12.2 of the Unified Development Ordinance is amended to read as follows with additions shown as bold underlined text and deletions shown as struck-through text:

2 critical root zone is calculated by measuring the diameter of the tree at breast height (dbh); every inch of diameter is equal to one (1) foot radius of critical root zone. For example, a 12-inch diameter tree has a minimum 12-foot wide critical root zone with a radius of 12 feet. …

Section 4. The Planning Director and/or Town Manager are hereby authorized to renumber, revise formatting, correct typographic errors, to verify and correct cross references, indexes and diagrams as necessary to codify, publish, and/or accomplish the provisions of this ordinance or future amendments as long as doing so does not alter the terms of this ordinance.

Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to such section, paragraph, subdivision, clause or provision so adjudged and the remainder of the ordinance shall be deemed valid and effective.

Section 6. The ordinance shall be effective upon enactment on the 19th day of March 2019.

Introduced by Council Member ______

Seconded by Council Member ______

Attest: TOWN OF APEX

______Donna Hosch, MMC, NCCMC Lance Olive Town Clerk Mayor

Approved As To Form:

______Laurie L. Hohe Town Attorney