STAFF REPORT Amendments to the Unified Development Ordinance March 11, 2019 Planning Board Meeting 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). 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. 1 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. 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. 2 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. 3 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: 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”. 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 .