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Agenda - 10-06-2009 - 5b
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 6, 2009 Action Agenda Item No. 5--,b 2 SUBJECT: Zoning Ordinance Amendment Establishing Regulations for Drive -thru Facilities DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): 1. Proposed Ordinance Amendment Options CONTACT INFORMATION: Craig Benedict 245 -2592 Michael D. Harvey 245 -2607 (Under Separate Cover) 2. Minutes from February 23, 2009 Quarterly Public Hearing 3. Minutes from April 1, 2009 Planning Board Meeting Quarterly Public Hearing 4. Minutes from June 2, 2009 BOCC Meeting 5. Study Material Presented to the Planning Board Relating to Drive -thru Regulation 6. Staff Report on the Regulation of Drive - thru's 7. Excerpts of Minutes from OUTBoard Meetings 8. Sketches/Aerial Photos Detailing Implementation of Option Two (2) Regulations 9. Air Quality Calculations 10._2030 Comprehensive Plan Excerpt (Sustainability) PURPOSE: To continue review and deliberation on a staff initiated Zoning Ordinance Text Amendment to Article Six (6) Application of Dimensional Requirements to establish regulations governing the development of drive -thru facilities within the County. BACKGROUND: This item was presented to the BOCC for action on June 2, 2009. During the meeting, staff was asked to: A. Provide the same background material on the regulation of drive - thru's presented to the Planning Board at its April 1, 2009 regular meeting, B. Provide an analysis on how other communities, both local and national, regulate the installation and use of drive -thru facilities, and Q C. Provide excerpts of the minutes from the OUTBoard relating to discussion on the regulation of drive - thru's. The Board adjourned the public hearing to October 6, 2009 in order to allow staff to compile and present the requested information. Please refer to: • Attachment Five (5) of this packet for the study material provided to the Planning Board at its April 1, 2009 regular meeting. It should be noted that this material was not intended to be an exhaustive search for drive -thru or idling issues but examples of the pro's and con's associated with regulating such activities, • Attachment Six (6) for a breakdown on the regulation of drive -thru facilities by other communities, and • Attachment Seven (7) for the minutes from the various OUTBoard meetings where the regulation of drive -thru facilities were discussed. In reviewing this information staff would like to make the following observations: 1. - Most communities do not ban drive - thru's outright but instead limit where such facilities are permitted. As a reminder, Orange County currently prohibits drive -thru facilities within the Hillsborough Economic Development District and the Efland Cheeks Overlay District. 2. It appears that states, and in some cases local governments, tend to attempt to regulate motor idling by restricting idling time rather that regulating speck land uses (i.e. drive - thru's). Enforcement, however, could be a major issue. It should be noted that some of these same programs appear to focus on education /outreach while also incorporating some form on enforcement component (i.e. fines). 3. Staff still recommends the adoption of Option Two (2) as detailed within Attachment One (1) of this document. Option Two (2) supports the sustainability approach of balancing the environmental, economic, business support, and equity in access to service(s) while preserving quality site planning attributes (please refer to Attachment Ten (10)). 4. Staff supports the Planning Board recommendation on the implementation of a countywide awareness educational campaign about the potential dangers of allowing vehicles to idle. PLANNING BOARD REVIEW: As a reminder, the Planning Board voted seven (7) to two (2) to recommend the following: 1. The Board of County Commissioners initiate a comprehensive and countywide awareness education program about idling and the contaminants it puts in our air, focusing specifically on areas with children and idling vehicles (such as schools, ball fields, etc.) to start in the fall of 2009 and end in the spring of 2011. The goal of the program is to encourage individuals to turn off their vehicles when parked rather than allowing them to idle, and 2. To recommend the Board of County Commissioners disregard staffs two (2) options and take no action on adopting regulations banning development of drive -thru facilities within the County's planning jurisdiction (Option 1) or adopting comprehensive development standards for drive -thru facilities (Option 2). 3 FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined the approval of the request will not create the need for additional funding for the provision of County services. ADMINISTRATION RECOMMENDATION: The Administration recommends the BOCC take the following actions: 1. Receive the additional requested documentation, 2. If necessary, deliberate further on the proposed amendment, 3. Close the public hearing, and 4. Adopt Option 2 text as detailed within Attachment One (1) of this abstract. OILD- a009 1+3 Attachment 1 4 STAFF OPTION ONE (1): PROHIBITION Amend Article Six (6) Application of Dimensional Requirements as follows: Section 6.9 Accessory Uses for non - residential developments — Drive -thru facilities prohibited: 1. Any and all accessory uses necessary for the operation of a proposed non - residential or mixed use development shall not be erected in any required open space and shall conform to all other applicable regulations contained within this Ordinance, 2. Drive -thru facilities are hereby prohibited from development and /or use within the County's planning jurisdiction with the following exceptions: a. Stand alone Automated Teller Machines (ATM) either freestanding or drive -up with a minimum stacking distance of at `100' 0RD-a009-1.44 5 STAFF OPTION TWO (2): REGULATION: Amend Article Six (6) Application of Dimensional Requirements as follows: Section 6.9 Accessory Uses for non - residential developments — Drive thru facilities regulations: 1. Definition a. Drive - through business (land use). An establishment that sells products or provides services to occupants in vehicles, including drive -in .or drive -up windows and drive - through services. Drive - through businesses, non - restaurants - A drive - through business that serves a use not related to a restaurant, fast food restaurant or formula fast food restaurant. This use includes the operation of drive -up or a drive -up or a drive - through service at a bank or financial institution, food sales (for off -site preparation or consumption only), personal services, and retail sales (e.g., pharmacy). ii. Drive - through business, restaurants — A drive - through business that operates in conjunction with a restaurant, fast food restaurant or formula fast food restaurant. 2. Any and all accessory uses necessary for the operation of a proposed non - residential or mixed use development shall not be erected in any required open space and shall conform to all other applicable regulations contained within this Ordinance, 3. In addition to any and all applicable Federal, State, or local requirements, the following specific standards shall govern the development and use of drive -thru facilities for the Project: a. Any non - residential land use utilizing a drive-thru facility, whether as a principal use of property or .within a Planned Development or another similar multi -use non - residential or mixed use development, shall not be located within fifty (50) feet of an exterior property line. This includes the building, kiosk, drive lane for the drive-thru, or parking facilities, b. No menu board utilized as part of a drive -thru shall be visible from an external or internal roadway. This can be achieved via the planting of a vegetative screen, c. There shall be a minimum twenty -five (25) foot wide vegetative strip planted along the length of the roadway utilized by the drive -thru facility including any and all applicable stacking lanes. This strip shall be planted with sufficient vegetation to form a dense, opaque, buffer planted to the following standard: i. There shall be a continuous evergreen hedge planted along the interior curb of the drive -thru lane that will have an initial planting height of thirty -six (36) inches 6 and achieve a height of at least five (5) feet at maturity, ii. There shall be a second row of plantings behind the continuous hedge line comprised of deciduous and evergreen trees that will have an initial planting height of five (5) feet with spacing at 20 feet on center and achieve a height of at least twenty (20) feet at maturity. d. A minimum stacking distance of 180 feet shall be provided to each pick -up window or automated machine. e. A facility with a separate ordering point and pick -up window shall provide stacking space for at least 4 vehicles in advance of each ordering point and stacking space for at least 4 vehicles between each ordering point and pick -up window. Entrances to drive -thru lanes shall be at least 25 feet from driveways entering a public or private street or alley. g. The minimum width of each drive -thru lane shall be 11 feet. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curbs. h. A solid six -foot high masonry sound wall shall be constructed on the property boundary when the site, utilizing a drive -thru, is contiguous to residentially zoned or used property (s). If the proposed building site is part of a larger non - residential /mixed use development, and /or is separated from residential uses or zoning districts by three hundred (300) feet, then the wall shall not be required. L Operation of the drive -up service facility shall be restricted to between hours of 7:00 a.m. and 10:00 p.m. when the site' is contiguous to' residentially zoned or used property(s). If the proposed building site is part of a larger non - residential /mixed use development, and /or the proposed building is separated from residential uses or zoning districts by three hundred (300) feet, then the time restriction shall not be required. 4. Development Guidelines a. A minimum of a 0.50+ acre site shall be provided for a drive - through facility within an existing shopping center. b. "Franchise architecture" shall be strongly discouraged. c. Drive- through facilities shall be architecturally compatible with the best examples of nearby structures (i.e. intended for the zone) and complement existing or planned streetscape elements. 7 d. Building design, location and parking areas shall be designed to provide pedestrian orientation and clearly identify areas for pedestrian access and limit pedestrian — drive -thru lane overlap. e. Windows provided for aesthetics in dining and entry areas shall be used abundantly to provide visibility to the street and pedestrian view into the building. f. Outdoor seating with high quality hardscape areas (such as brick, cobblestone, and decorative pavers) and high quality outdoor furniture shall be encouraged in zones approved for outside seating. g. A minimum of 20 percent of the site shall be landscaped. 5. Operators of drive -thru facilities shall be required to pay an annual carbon impact fee to the County in accordance with the County Impact Fee Ordinance [at such time it is adopted by separate ordinance], 6. For any multi -use non - residential development there shall be no more than one (1) drive -thru facility per ten (10) acres of property with an ultimate cap of five (5) drive -thru units per development in total. E? PLANNING BOARD RECOMMENDATION — OPTION THREE (3): 1. The Board of County Commissioners initiate a comprehensive and countywide awareness education program about idling and the contaminants it puts in our air, focusing specifically on areas with children and idling vehicles (such as schools, ball fields, etc.) to start in the fall of 2009 and end in the spring of 2011. The goal of .the program is to encourage individuals to turn off their vehicles when parked rather than allowing them to idle, and 2. To recommend the Board of County Commissioners disregard staffs two (2) options and take no action on adopting regulations banning development of drive -thru facilities within the County's planning jurisdiction (Option 1) or adopting comprehensive development standards for drive -thru facilities (Option 2). Excerpt of Approved Minutes Attachment 2 9 1 2 3 MINUTES 4 ORANGE COUNTY BOARD OF COMMISSIONERS 5 ORANGE COUNTY PLANNING BOARD 6 QUARTERLY PUBLIC HEARING 7 February 23, 2009 8 7:30 p.m. 9 10 The Orange County Board of Commissioners and the Orange County Planning Board 11 met for a Quarterly Public Hearing continuation meeting on Monday, February 23, 2009 at 7:30 12 p.m. at the Central Orange Senior Center in Hillsborough, NC. 13 14 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners 15 Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve 16 Yuhasz 17 COUNTY COMMISSIONERS ABSENT: 18 COUNTY ATTORNEY PRESENT: Geof Gledhill 19 COUNTY STAFF PRESENT: Assistant County Manager Willie Best and Deputy Clerk to 20 the Board David Hunt (All other staff members will be identified appropriately below) 21 PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford, Jay Bryan, Mary 22 Bobbitt- Cooke, Judith Wegner, Rachel Phelps Hawkins, Dr. Larry Wright, and Mark Marcoplos 23 PLANNING BOARD MEMBERS ABSENT: Vice -Chair Jeffrey L. Schmitt, Joel Forrest 24 Knight, II, Samantha Cabe, Tommy McNeill, and Nathan Chambers 25 27 28 4. Zoning Ordinance Amendment: To receive public comment on proposed amendments to 29 Article 6 of the Zoning Ordinance to establish regulations for drive -thru facilities. till, 31 Michael Harvey summarized this information. This issue was brought up during the 32 review of a recent development project. Staff would like to seek direction from the Board about 33 what it would like to do as there are opportunities for economic development, specifically with 34 the Buckhorn Village project. 35 There are two options: 36 1. Adopt regulations banning the development and /or use of such facilities throughout 37 the County's planning jurisdiction, or 38 2. Adopt regulations designed to mitigate the impacts of such facilities through the 39 imposition of buffering and site design standards. 40 41 Commissioner Nelson asked about the exemption of stand -alone ATMs. Michael 42 Harvey said that there are drive -up ATMs in a lot of the jurisdictions and these are very 43 beneficial. 44 Commissioner Nelson said that his interest in pursuing this is reducing greenhouse 45 gasses. He is fine with option 1. 46 Commissioner Yuhasz said that the County should not ban drive- throughs if it is trying to 47 promote itself as business - friendly. 48 Commissioner Pelissier echoed Commissioner Nelson's comments and argued that the 49 County should try and attract certain kinds of businesses. She would like to change people's 50 habits and still be business - friendly. 1E 1 Commissioner Jacobs said that he might agree with the stand -alone ATMs, but if there is 2 a bank, there should not be a drive - through teller. He suggested that staff do research on other 3 jurisdictions in the country that have been successful in banning drive -thrus and the other 4 models that are out there. 5 Michael Harvey said that the staff did some research and did not come up with anything 6 conclusive. It was not exhaustive research. 7 Commissioner Pellisier clarified that schools would be exempt from this ban. 8 Commissioner Jacobs said that he had a conversation with Ms. Bobbitt-Cook about this 9 before the meeting and she pointed out that the Forsyth County Schools ask/require parents to 10 turn off their cars while they are in the drop -off /pick -up lane. He would like to put something in 11 writing to the school systems to try and work toward having people either not drive or at least 12 turn off cars. 13 Commissioner Gordon pointed out the issues with the aging population and people with 14 small children in their cars. There is more to think about than just the environmental aspect. 15 She would like to think about this more in terms of how to go about this. 16 Michael Harvey made reference to attachment 2 and the facts about car idling. 17 Commissioner Foushee supported Commissioner Yuhasfs and Commissioner Gordon's 18 comments. She said that what some people see as a convenience, other people see as a 19 necessity. 20 Craig Benedict said that the only hybrid idea was a carwash type conveyor belt, where 21 people would get in line at a drive - through and be shuttled through like a car wash. Staff will 22 continue its research. 23 Mark Marcoplos made reference to attachment 2 and said that cars should be turned off 24 after 6 -10 seconds and not 30 seconds. He said that it seems that car idling is the issue here, 25 and there should be signs to tell people to turn off their cars while they are waiting. 26 Mary Bobbitt-Cooke said that she is struck by the fact that nobody has ever requested a 27 drive - through ordinance. She cautioned the County Commissioners to step back and not put 28 regulations in place when they are not even being asked for. She suggested not being 29 progressive through regulation, but being innovative. She believes in a combination of policy 30 and education. 31 32 PUBLIC COMMENT 33 Melvin Whitfield said that all of the creeks and branches on his property have already 34 been graded, dug out, fenced, and sown with grass. He asked if there was any point in doing 35 anything with this. 36 37 Commissioner Jacobs said that the Hillsborough Economic Development District that 38 was developed jointly 8 -10 years ago banned drive -thrus and Hillsborough ignores this in 39 approving developments. 40 Commissioner Nelson said that Carrboro has had a prohibition for drive - thrus since 41 1994. 42 43 A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to 44 refer the matter to the Planning Board with a request that a recommendation be returned to the 45 County Board of Commissioners in time for the agenda schedule of the June 2, 2009 BOCC 46 meeting, and adjourn the public hearing until June 2, 2009 in order to receive and accept the 47 Planning Board's recommendation and any submitted written comments. 48 VOTE: UNANIMOUS 49 Excerpt of Approved Minutes Attachment 3 11 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 APRIL 1, 2009 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Brian Crawford, Eno Township At -Large (Chair); Mary Bobbitt- Cooke, Cheeks 7 Township; Nathan Chambers, Cheeks Township At- Large; Rachel Phelps Hawkins, .Hillsborough 8 Township; Jeffrey Schmitt, Cedar Grove Township; Earl McKee, Little River Township; Mark Marcoplos; 9 Bingham Township At- Large; Larry Wright, Cedar Grove Township At- Large; Peter Hallenbeck, Cheeks 10 Township At -Large 11 12 13 MEMBERS ABSENT: Samantha Cabe, Chapel Hill Township; Judith Wegner, Bingham Township; Tommy 14 McNeill, Eno Township 15 16 17 STAFF PRESENT: Craig Benedict, Planning Director, Robert Davis, Planner 111; Michael Harvey, Zoning 18 Enforcement Officer, Perdita Holtz, Planning Systems Coordinator, Tina Love, Administrative Assistant II 19 21 AGENDA ITEM 8: ZONING ORDINANCE AMENDMENT ARTICLE 6 OF THE ZONING ORDINANCE TO ESTABLISH 22 REGULATIONS FOR DRIVE -THRU FACILITIES 23 24 To consider a recommendation to the BOCC regarding this item heard at the February 25 23, 2009 Quarterly Public Hearing 26 27 Presenter: Michael Harvey, Zoning Enforcement Officer 28 29 Michael Harvey: Good Evening once again. As the Board may recall, at the February Quarterly Public 30 Hearing we presented an ordinance amendment with two options on the possible regulation of drive - thrus 31 and the use of drive -thrus in the County. The two options are as follows, we amend Article 6 to ban them 32 or amend Article 6 to adopt some regulations to address-the negative side impacts that are generated from 33 their use. The County Commissioners, after conducting the Public Hearing, were unable to come to any 34 consensus to provide staff or the Planning Board any direction. We have provided you with both options. 35 We are recommending that the Planning Board consider adopting regulations amending the operational 36 characteristic of drive - thrus and we hope we've come up with some standards that would address the 37 concerns that have been expressed by both Planning Board and County Commissioners over their 38 development for the County. Attachment one is the proposed ordinance amendments for both options for 39 this Board to consider, options one and two. Attachment two has several articles and/or web pages and 40 general information dealing with drive - thrus. 41 42 Brian Crawford: Michael, I would just like to take a moment to complement you on this abstract, there's 43 some good information in here and I thought it was fairly balanced on pros and cons. Thank you good 44 information. Are there any questions? 45 46 Larry Wright: I would like to, first of all say that this is a very good package, I'm really concerned about the 47 study of the Sierra Research. The first thing about the study is that they are comparing two different 48 regions of California, one is in the high mountains and the other is lower California. There are two things 49 they omitted here, the first is what really hits our pocketbook and that's ozone. We pay for that because 12 50 that is measured throughout the year. States that are not in compliance with the 1990 Title 2 Clean Air Act 51 result in counties having to pay for added oxidations or oxidants in fuel and we pay for that at the pump. 52 We pay for that and that is not in here. Also not in here is anything about particulates, emissions 53 particulates, and they are not measuring that. So there are two parts of the study that are not really 54 measured and the particulates are really of importance to small children, the elderly, asthmatics, and 55 people with obstructive pulmonary disorders. I see some flaws in this study and I'm conflicted on this. It 56 looks to me like you have this lobby group, California Business Properties Association that is paying for this 57 study. I looked and California Business Properties Association are advocates for shopping centers and real 58 estates firms. I'm. not sure where I am on this whole thing but I just wanted to point some problems with that 59 study. 60 61 Jeff Schmitt: In the midst of the discussion, I would like to resurrect option one, (do nothing) handicapped 62 people today this is going to create a significant issue for them when they go to use a drive -in facility. 63 Parents with children who could previously go thru a facility with their children in the car safely in their seats 64 now will have to park the car get the kids out of the car and cross the lot, I could go on with issues like this. 65 I'm not sure that we have enough of this in the County that it creates that big of an environmental issue and 66 think this is somewhat of over reaction on the part of the Commissioners in bringing this forward. From my 67 perspective the questions and how we look at this, I'd like to have that in a context to think about it. 68 69 (Document 'The Idle Free School Zone Project - 2006 -2007' was passed out by staff from Planning Board 70 Member Mary Bobbittt- Cooke.) 71 72 Mary Bobbitt- Cooke: If you remember at the Quarterly Hearing, I talked about what Forsyth County had 73 done in terms of really looking at places where there were a lot of particulates and bad air around children. 74 They have initiated an idle free school zone project. Basically, its an education project which is always a 75 good way to reach out first before you start doing a lot of regulation. It educates the parents to turn the car 76 off while they're waiting for their children to come out from school or when they are going to drop off. It has 77 posters they send around and it helps parents transfer the behavior to other situations where if you're idling 78 more than a minute you shut your car off and they understand how it affects children's asthma as well as 79 the whole concept of air. I live close to Grady Brown and the High School and that's build right next to a 80 highway. I think the parents in the grade schools in Orange County would be willing to listen to this. What 81 they did in Forsyth County was there is no policy, they negotiated with the principal and the school staff to 82 put this in order. They have a Triad air awareness and emergency management program; all these groups 83 came together and worked with the-schools to put this into place. it has been adopted by all the grade 84 schools and now they are moving into the middle schools. This is something we might want to ask the 85 County Commissioners to do first. The second thing in Forsyth County was the county employees have 86 been asked to turn their cars off. This is to model the kind of behavior they want all the residents in the 87 County to follow. I am thinking I would like to add to Jeffs proposal to resurrect option one, do nothing in 88 terms of regulation but let's start working in the areas where our children are and two see if the County 89 Manager would be willing to talk with the Forsyth County manager about this regulation and was it difficult 90 to put in place. Maybe staff here might want to react to that, do you have one in place? 91 92 Michael Harvey: We don't have one in place; I think the one in Forsyth County is a policy and a 93 suggestion. It is unenforceable which is why it's not a regulation so we need to be careful with how we do 94 that 95 96 Mary Bobbitt- Cooke: In terms of doing number one, do nothing in terms of regulation, I'm suggesting that 97 we say, let's do no regulation but let's consider some education and outreach where we can have behavior 98 modeled by county employees as well as really target where our children are which is a big concern. I think 2 13 99 there is a lot of asthma and we have a couple of schools close to the highway. It's an education and 100 community outreach but its not a regulation so I think it's compatible with yours Jeff. 101 102 Jeff Schmitt: I think that's an excellent suggestion. As I read through here, option one is to prohibit it, 103 option two some of this stuff is over the top in the midst of what we're trying to do to get some of these folks 104 to do this. I think this suggestion is a very reasonable common sense approach to take in the midst of this. 105 Let's see if we can't do something on a voluntary basis with signs, placards, whatever doing it at schools 106 before we put another regulation in place. We have enough regulations in this County to begin with and 1 107 think this is just another one. While it is not enforceable and we're not going to have the idle police out 108 there, I think it does make a lot of sense that we're trying to trust the responsibility, the integrity, and the 109 concern all of the citizens of the County probably have for pollution when we are sitting in long lines. One 110 other point I'd like to make is that the business model that a lot of restaurants and other businesses are 111 based upon being able to drive through so as the County expands what we are in essence doing is putting 112 a significant amount of limitations on them and/or telling them not to come to begin with because of this 113 regulation. 114 115 Lary Wright: First of all, I thing the OUTBoard has taken up this issue and I think that discussion would be 116 important to the Commissioners. I've thought about this a lot and I thought about the turning off of the 117 engines and as much I do not like exhaust pumping out into the atmosphere, it is almost impossible to get 118 by Cameron Park around 2:30 -3:00 and you can't expect these parents to turn off a car when it is very cold 119 or very hot outside. I think it's a little unrealistic in some circumstances to ask them to turn off their cars. 1 120 see some problems here. Then I think as far as the businesses not coming in, Carrboro has proven that 121 wrong. They will come in. I think the rationale is flawed. I would like to know if the OUTBoard has 122 discussed this and what the outcome of those discussions were. 123 124 Mark Marcoplos: I agree with Larry on this lobbyist organization's study. I studied it for awhile and they are 125 talking about when a car stops gases emit from the engine. In the study they are only talking about what 126 happens in the parking lot, that's narrow. They are really stretching it there. If you look at some other 127 information, I did some research on this, we know that idling wastes fuel, we know it releases pollutants 128 that would not be released if the car were turned off, we know that if your car is idling for more than 10 129 seconds its cost effective and resource effective to turn it off, 6 -10 seconds is now understood to be the 130 amount of fuel it takes to start your car. Every hour you idle you waste 7/10th of a gallon of gas. This is 131 some information from. Sierra Magazine, in a given year U.S. cars bum some 1.4 billion gallons of fuel just 132 idling. Idling trucks waste 1.5 billions gallons. Collectively we emit about 50 million tons of carbon dioxide 133 while we are essentially doing nothing just waiting and'idling. It puts a little strain on the business to have 134 this kind of regulation but what is really at stake? We know global warming is real. We know we're 135 stressing our environment. We know people are getting sick so at a certain point you have to say do we 136 rise to the challenge or do we fall back into what we used to think 15, 20, 30 years ago that we can go on 137 pretty much as we have been living and expect things to just solve themselves. I really feel like we're not 138 doing a whole lot of damage to important businesses in our community if we require people to park to go 139 into a restaurant. All my favorite restaurants, they don't have drive -thrus the ones that keep money into 140 the community anyway, serve healthy food. Its where the mothers and children ought to be going anyway. 141 It's not my decision; I just throw that out as an observation. As far as the handicapped if people can get in 142 their cars they can get out of their cars. I think doing nothing as an option not only does it not get the 143 reductions in emissions that we need but it misses a great educational opportunity. It sends the message 144 that it doesn't really matter to us. It doesn't make the point that this is something we are really serious 145 about and understand the need to do. Maybe we don't all understand the need to do it yet. The business 146 limitation if that's the only litmus test we'll never get much done. As we learn about our impact on the 3 14 147 environment, and health we are called upon to meet the challenge to limit businesses that are part of the 148 problem. I am in favor of a ban. 149 150 Rachel Phelps Hawkins: I think as Mary said that education should be number one starting in the schools 151 when the kids are very young. The other problem is we have buses half full, everyone doesn't have to 152 drive their kids to school but they do and the buses are running with no one on them wasting gas. 153 154 Brian Crawford: Michael or Craig are we still under the EPA mandate for this area because of the number 155 of pollutants we put in the environment? I understood the Triangle had some sort of restriction. 156 157 Craig Benedict: The non - attainment designation has been released. We are now in another stage where 158 we had to provide a management and maintenance plan to make sure our land use plan and other policies 159 in the future would not move us into the non attainment area again but we have been released from that 160 non attainment zone. 161 162 Brian Crawford: My second question is has anybody sat down to look at the link between how severely our 163 drive -thrus in this county impact our carbon output. I don't think that's been looked at enough, we know 164 intuitively that it makes sense but if this isn't done will it throw us back into the management plan or EPA 165 guidelines. I don't understand how this is a solution. It looks like we are jumping to this regulation as a 166 solution to our emissions problem in the area but yet no one has made that connection that this would help 167 it at all. I say that because its seems to be that at the Commissioner level three are some fairly strong 168 opinions that this ban should be in place. 169 170 Michael Harvey: I think the goal we were asked to look at is what some reasonable regulations might be 171 because it's not just emissions or environmental pollution that are the ultimate concerns that we are 172 attempting to address here. It is noise; it is the commingling of pedestrian and vehicular traffic, stopped 173 traffic in drive -thru lanes. It is the shielding and buffering that provide esthetic separation from these types 174 of uses as well as help augment potential emission issues. Planning staff doesn't have the opportunity or 175 wherewithal to do the study that has been discussed. I don't know where the County Commissioners 176 would be with funding such a study. These regulations were written to address County Commissioners' 177 concerns about coming up with options. We believe the regulations we have provided in the options try to 178 address those and provide reasonable regulations and not to address emission issues but address some of 179 the other issues identified during the review of the Buckhom Village project as well as other issues that 180 have come up in the past about what is acceptable and what we should be trying to encourage to offset 181 some of the other concerns. 182 183 Mary Bobbin Cooke: I'm not sure we can really translate California data into Orange County. In the public 184 health information in this report looking at maybe doing something about childhood diabetes if they stop 185 drive - thrus, that is way off the charts, public health is really more responsible than that. I think someone did 186 it to make a presentation at a meeting. Obesity is an issue but it's not going to be solved by drive -thru 187 regulation. My real point, is that where there are big concentrations of emissions are where our children 188 are. Asthma is the number one reason children miss school. We may want to regulate these new 189 businesses when they come into this county but we are ignoring the health of our children. That is a public 190 health fact. I really think we would be remiss not to send back to our County Commissioners the idea that 191 using a pass through for health reasons or emissions is missing where the emissions really occur and that 192 is harming a very vulnerable and fragile part of our population, our children. It is voluntary, of course 193 people won't keep their car off when they need it for air conditioning or heat but the reality is as more 194 people get educated, the more they will turn them off. Public health has learned that you start with 195 education before you regulate. I would recommend that we send a message back that if we're interested 4 15 196 health issues that we think about the children and we should try some education first before we use 197 regulations. 198 199 Jeff Schmitt: In all seriousness, I don't know a lot about pollution and how it travels, but I'd suggest with a 200 southwesterly breeze that comes across the County, we're more affected by what's happening in 201 Birmingham, Alabama with the TBA than whats happening in the McDonald's drive -thru line. There are 12 202 home basketball games there are 6 home football games, I'd suggest the pollution generated by cars 203 standing in line over in Chapel Hill is much more significant. If we want to do a policy, we need to do it in 204 an area that's big enough where it can affect what's going on. That's the State of North Carolina, not 205- Orange County, we're one of a hundred. The significance of what happens in Charlotte, Greensboro, 206 Forsyth County as the wind moves this way is much more affected on us than what's happening in one of 207 these lines. The education, and then if we really do believe in this, the Commissioner going to the State 208 legislature to have something done seems to me it might create a bigger impact than trying to micro 209 manage what's happening on a very small scale. 210 211 Earl McKee: After reading over the supporting data and the two options, basically, I decided to write off all 212 the supporting data as being slanted one way or the other. I was left with two basic ideas, one Jeff has 213 touched on of the factor people who are handicapped or have supporting reasons to use drive - thrus, the 214 other thought was the percentage of facilities this will involve. As I am hearing, it will not affect the existing 215 drive -thrus they will still continue to operate, so you are going to have a very small percentage that will be 216 affected by the guidelines. The other thing is the number of cars sitting in a drive -thru at any given time 217 versus the total number of cars, trucks providing these emissions is very small. I am inclined to support 218 Jeffs suggestion that we go' with no action. With the situation the County is facing with tax situation and 219 revenue it may or may not have an effect on a business that is looking to locate in Orange County but I can 220 assure you from running a business that any time I think about doing something or opening a new section 221 of my business, the first thing I look at is what I will be up against as far as regulations. I would suggest we 222 take the option of doing nothing. 223 224 Pete Hallenbeck: A couple of comments, the first one is whenever I see a report and I have number but 1 225 don't' have a percentage, I have a very hard time absorbing that report. It would be nice to see it as a 226 percentage of total use in the U.S. Really from that point of view someone is saying what's the level of fuel 227 efficiency you should have. Do you ban drive -ins unless you're in a hybrid or an all electric car, it wouldn't 228 have the emission problem, so how much of this is based on pollution and carbon output. How much is 229 based on other concerns, do you look at passenger miles per gallon. If you have four people in a vehicle is 230 it ok to use a drive-in? All of this seems like very difficult stuff to deal with. We talked about convenience 231 and need. I think this would be very hard for any kind of government regulation that could define the need. 232 1 think there are.mechanisms for using zoning to say no drive -ins here similar to the Efland- Mebane plan. 1 233 think a lot of this comes down to regulating a symptom and not a cause. We're looking at pollutants, 234 energy use, and so forth just at a drive—in and as mentioned we have basketball games and other things. 1 235 would prefer to focus on the real problem which is fuel consumption of vehicles which helps everywhere 236 and everyone's driving and not just focus on the one thing of the drive -thru. Finally, on the school design, 237 the key there is designing schools so there are places people can park and the flow of children doesn't 238 have them crossing where cars are driving and that problem should be dealt with by encouraging the 239 County to work with schools. It is a special case. There are businesses where their whole model is based 240 on drive -ins. I would tend to go with don't touch this one, use the zoning to protect areas where you're 241 dealing with esthetics, and I'd prefer to see the energy of the County and everyone else go to dealing with 242 the more overall problem of fuel consumption in the vehicles we're driving rather than focus on the impact 243 of all the emissions in one particular context. 244 16 245 Brian Crawford: I looked at the legal challenges, one thing that popped out at me. if you go and do a 246 general ban across the whole County, and we do run into a developer or someone who wants to challenge 247 it, would we be able to sustain it based on such a general ban. Its something we've got to think about in 248 this process. That is the exact thought that lead me to be very neutral on this whole plan and just say, we 249 might want to sit back and not do anything about it There are just so many issues that we can't anticipate 250 at this point. 251 252 Mark Marcoplos: I am very much in favor of an awareness campaign, I think its key. i think a ban fits in 253 perfectly with it. I just want to put things in perspective. If you don't think it makes much difference, you 254 might take that logic and say we're in a drought, i could change my showerhead to a water saving 255 showerhead but it doesn't make that much difference. That's a flawed argument because every little bit of 256 progress helps and every small action is part of greater progress. I think you have to look at this as one 257 part of a solution. It complements an awareness campaign because it's something that gets people's 258 attention. it shows some seriousness and gets attention, it doesn't mean we are going to immediately go 259 out and bull doze all the existing drive -thrus. It really is a relatively small number of unknown future drive - 260 thrus that may be built. That means it's a pretty easy way to make a point and cut down on future pollution 261 and the . problems that drive - thrus cause. There's this idea its going to have this huge impact on 262 businesses across the County, its not that kind of thing. It has been very successful in Carrboro and 1 263 haven't heard anyone complain about it. 264 265 Michael Harvey: I think there is a consensus that there is going to be some motion made that includes the 266 provision for a campaign on educating people about emissions and idling, I would urge the Board to do this 267 in two steps. The initial motion being made to recommend to the County Commissioner to consider an 268 educational campaign, keeping that separate from any motion concerning the disposition this item. 269 270 MOTION made by Mary Bobbitt-Cooke to establish an awareness campaign for the entire County but 271 specifically targeted at schools where young children are present and that it precede any regulation on 272 drive - thrus. Seconded by Jeff Schmitt. 273 274 Larry Wright: So this has to precede anything? 275 276 Mary Bobbitt Cooke: I'm recommending two phases, the first being an education awareness outreach 277 comprehensive and it specifically targets schools where there is a lot of idling waiting for children. Phase 278 two would be that there would be no regulation until this campaign has run and people have a chance to 279 learn about ozone emissions and clean air. 280 281 Lary Wright: I find this motion flawed, I like the first part but the second could make this go on forever 282 where nothing is ever done. I cannot support that because you could educate forever. 283 284 Mark Marcoplos: I agree. I think we should decouple that. The second motion i believe we're going to 285 hear speaks to regulation. i think we would want to be able to vote on a comprehensive awareness 286 campaign with or without any regulations. I think we would want to be able to say we like that in and of 287 itself. I am totally in favor of this awareness campaign but to have the condition that it must happen before 288 any regulation is not something that I can support. 289 290 MOTION made by Mary Bobbitt -Cooke recommending a- comprehensive countywide education awareness 291 outreach campaign to specifically focus on schools where there is a lot idling affecting the health of 292 children. Seconded by Jeff Schmitt. 293 T 17 294 Michael Harvey: I think it would be prudent if we say, prior to making a formal recommendation on staffs 295 recommendation, the Planning Board proposal is to make a recommendation to the County Commissioners 296 that this education program commence or be undertaken. That's prior to the Board making any formal 297 decision on what has been presented to you this evening by staff. 298 299 Jeff Schmitt: Can I make a friendly amendment? That in the midst of that the educational campaign would 300 go about for a specific time period. Say a year or eighteen months. After the end of that time accessing 301 the results of that campaign we would then go back and entertain staffs recommendations at that time. 302 303 Brian Crawford: That's very different, if she makes that motion, it does address the staffs 304 recommendation. 305 306 Mary Bobbin Cooke: I accept that. 307 308 Earl McKee: I've got one question, that amendment brings us back to either accepting option or option two? 309 310 Brian Crawford: No, we're not going to accept either option. We're putting the education option forward to 311 the Board of County Commissioners and we're not going to make any formal deliberation on the staffs 312 recommendation for another eighteen months as suggested. 313 314 Pete Hallenbeck: I'm clear on the motion, but I really like the statement a) let's educate and then b) put 315 something back on the Commissioners and have those be two independent things. I think that's a lot 316 clearer and something's going to happen. It gets it moving and there's not vagueness about when does 317 this start how do you fund it, what's the impact. 318 319 Nathan Chambers: We are saying eighteen months and the months the schools are out should be 320 considered. If we are going to start let's do if in the school season. Eighteen months is fine but there are 321 three months they are out so it should include two school seasons. 322 323 Larry Wright: Craig, can the Commissioners ask or do they have any influence over the superintendent of 324 the schools to have them start these programs? 325 326 Craig Benedict: Volunteer, yes. There's good dialog. 327 328 MonoN made by Mary BobbinCooke to have a comprehensive countywide awareness education program 329 about idling and the contaminants it puts in our breathing air. It will specifically focus on areas with children 330 and idling vehicles (such as schools, ball fields, etc.) to start in the fall of 2009 and end in the spring of 331 2011. Seconded by Jeff Schmitt. 332 333 VOTE: 7 -2 (Wright, Marcoplos) 334 335 Brian Crawford: Michael can you read the recommendation on Item 8 to the Planning Board. 336 337 Michael Harvey: What staff is recommending is that we pursue option two which is what we testified to at 338 the Public Hearing. Your options are to a) prohibit or b) regulate. The Board can make a further 339 recommendation as has already been discussed. You can make a motion for a third motion if you so 340 choose. 341 7 18 342 MOTION made by Mark Marcoplos to recommend adopting regulations banning development and /or use of 343 new drive -thru facilities throughout the County's planning jurisdiction. Seconded by Larry Wright. 344 345 VOTE: 2 -7 (Babbitt- Cooke, Schmitt, Hawkins, Crawford, McKee, Hallenbeck, Chambers) 346 The motion was denied 347 348 MOTION made by Earl McKee that the Planning Board not accept either option one nor option two and 349 recommend that the County Commissioners take no action at this time concerning the drive -thru facilities in 350 Orange County's planning jurisdiction. Seconded by Mary Bobbitt- Cooke. 351 352 VOTE: 7 -2 (Wright, Marcoplos) 353 354 8 Attachment 4 19 i APPROVED 8/1812009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 2, 2009 7:00 P.M. The Orange County Board of Commissioners met in regular session on Tuesday, June 2, 2009 at 7:00 p.m. in the Central Orange Senior Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) 5. Public Hearings a. Zonina Ordinance Amendment Establishing Regulations for Drive -thru Facilities The Board received the Planning Board recommendation and considered taking action on a staff initiated Zoning Ordinance Text Amendment to Article Six (6) Application of Dimensional Requirements to establish regulations governing the development of drive -thru facilities with the County. Orange County Planning Director Craig Benedict made a PowerPoint presentation. ISSUE: *Concern has been expressed over the pollution generated by vehicles idling within a drive -thru lane and what effect this would have on the environment as well as passing pedestrians, *There is also concern over the interaction between vehicles attempting to park versus those attempting to access the drive -thru, *Currently there are no regulations governing the developmentiuse of drive -thru facilities, *Drive-thru facilities are banned within the Hillsborough Area Economic Development District and within the Efland Cheeks Overlay Zoning District (ECOD), which was adopted in 2008 PROPOSAL: Staff recommended adopting regulatory standards that would include the following standards: *Require a fifty (50) foot setback for such facilities from property lines, *Require a twenty -five (25) foot vegetative buffer separating the drive -thru lane from pedestrian and parking areas, *Require that menu boards utilized in connection with drive -thru facilities shall not be visible from external roadways, •Limit the overall number of drive -thru facilities that can be developed within a multi -use non- residential development to one (1) per ten (10) acres with a maximum cap of five (5) per project, *Require one hundred eighty (180) feet of drive isle to support drive -thru facilities, Planning Board Recommendation: The Planning Board reviewed this item at their April 1, 2009 meeting where the following motion was made: •Recommend the County initiate a comprehensive and countywide awareness education program about idling and the contaminants it puts in our air, and •Recommend the BOCC disregard staffs two (2) options and take no action on adopting regulations banning development of drive -thru facilities within the County's planning jurisdiction (Option 1) or adopting comprehensive development standards for drive-thru facilities (Option 2). Administration Recommendation: 'Receive the Planning Board recommendation, flf necessary, deliberate further on the proposed amendment, *Close the public hearing, and *Adopt Option Two (2) — specifically adopt the proposed regulations detailed within Attachment One (1) of the packet. Commissioner Pelissier asked if there are possibilities of a standalone drive -thru facility and Craig Benedict said yes. The existing regulations allow this. Commissioner Pelissier said that the Planning Board minutes seemed to be focused on emissions. She said that a lot of it is based on aesthetics of a drive -thru. She said that part of the goal is to encourage walkability and she does not understand why they would want up to five drive - thrus in a mixed -use area given the Comprehensive Plan. Commissioner Jacobs suggested tabling this item., He said that at the public hearing, he - asked for information and the Planning Board got the information, but the Board of County Commissioners did not. He wants to see what other governmental entities have done. He said that one Planning Board member thought that the OUT Board had taken up this issue and he would like this information. He said that if the County is serious about an educational effort on emissions, then the school boards should be involved since families sit and wait for children to get out of schools or to drop them off. He would also like some data on whether it is better to turn off cars and then start them up again, or just keep them on. He would also like to know who is going to do the public awareness campaign and with what funds. Commissioner Yuhasz said that he supports Commissioner Jacobs' recommendation to table this item. He is opposed to an outright ban of drive - thrus. Commissioner Nelson said that he does not support Commissioner Jacobs' recommendation. He said that the Board often tables items and drags them out. He said that Carrboro and Hillsborough have already prohibited drive -thru windows. He said that the two issues are walkability and the need to deal with global warming. There was no public comment. 21 u A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Nelson, seconded by Commissioner Pelissier to approve option 1: Adopt regulations banning the development and /or use of drive -thru facilities throughout the County's planning jurisdiction. VOTE: Ayes, 3 (Commissioner Pelissier, Commissioner Nelson, and Commissioner Gordon); Nays, 4 Motion failed. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to table this item and wait for additional information that was originally requested, collaborate with the school boards for an awareness campaign to reduce idling, and receive information from the OUT Board regarding these issues. Craig Benedict said that if this is tabled, it would have to be re- advertised. Commissioner Hemminger said that tabling this will be sending a bad message. She does agree with the education campaign. Commissioner Pelissier asked if there is any data that shows that banning drive -thrus does not detract from business operations. Commissioner Nelson said that there is data in Carrboro and they have not been negatively impacted at all. Commissioner Jacobs said that he would entertain an amendment to the motion to include soliciting from Economic Development Directors of governments that have banned drive - thrus information about the impacts. Commissioner Yuhasz agreed with the amendment. VOTE: UNANIMOUS ,4-L- s EXPOSED I CDC News I Feds revamp stance on idling after meeting with drive -thm gmu... Page 2 of 7 2 2 Health I Children Most Vulnerable Id11ng IdHu - -1 Learn the Issues In lifestyle media Moratorium oQ!Le tm oMA outsourcing Peak oil Personal Responsibility Planning PUllUtion Re iQrtS Resources Risks RW DI $mog Studies SustainabilitY rim lionom Urban Plannin>; Video • Home • drive -thru lies - the truth about the industry's greenwash • EXPOSED I CBC News I Feds revamp stance on idling after meeting with drive -thru group EXPOSED I CBC News I Weds revamp stance on idling after meeting with drive -thru groin Feds revamp stance on idling after meeting with drive -thru. group Monday, August 11, 2008 CBC News A federal government•website that highlights the negative health and environmental effects of idling your engine has revamped its message after meeting with a group representing drive -thru restaurants. `It's gonna make it harder for every city politician to make the aigument that we need to have restrictive legislation on idling.' -- Ottawa Coun. Clive Doucet The "Idle -Free Zone," a website managed by Natural Resources Canada's office of energy efficiency, was removed for review following a meeting with the Canadian Restaurant and Foodservices Association. A revised version was posted five months later, on July 22, that: i Advises drivers to shut off their engines after 60 seconds of idling; the htW: // driver. brines.wordpress.com /exposed -cbc- news -feds- revamp- stance -on- idling - after -... 2/13/2009 EXPOSED I CBC News ( Feds revamp stance on idling after meeting with drive -thm groom.. Page 3 of 7 2 3 previous version advocated turning engines off after 10 seconds. Does not refer to 5,000 premature deaths annually in Canada linked to air pollution, as the previous version did, and no longer includes posters bearing images such as a girl choking and slogans such as "Idling is killing our environment." The website says its purpose is to help communities and environmental groups stop engine idling. Carol Buckley, director general of the office of energy efficiency, confirmed that the restaurant association met with Natural Resources Minister Gary Lunn on Feb. 7. According to Lunn's spokeswoman, Louise Girouard, no one from the office of energy efficiency attended the meeting. Girouard confirmed that an e-mail was sent from Lunn's office on Feb. 8 asking the site to be taken down. Buckley said the site was temporarily removed because the office didn't want to leave any misleading information online while it was being revised. "We wanted to mare sure that the website reflected all of the latest data and information that was available about this topic," she said, adding that in the end the changes were "not really significant." The change to the recommended amount of idling time was made because of access to new research taking into account the wear and tear on a car's battery and starter caused by shutting off and restarting the engine, she said. Previously, the site said such wear and tear was minimal. The new site now also refers readers to Health Canada instead of detailing the health impacts of idling because Natural Resources felt that wasn't really their jurisdiction and they -wanted to focus on the effects on climate change, Buckley added. "I think the emphasis in the earlier text was a little strong. Today's vehicles are more efficient when it comes to smog emissions," she said. Site `lacks balance': restaurant group Joyce Reynolds, executive vice- president for government affairs for the Canadian Restaurant and Foodservices Association, said the group corresponded with a number of government officials at various levels about the website, which was used by many municipalities to develop their own anti- idling bylaws. , `What I would like to see is that Natural Resources Canada put the same amount of emphasis on these other driving behaviours that they do on idling.' --- Joyce Reynolds, Canadian Restaurant and Foodservices Association "Our concern is that municipal decision - making must be based on facts and httpJ/ dnvethm1ies .wordpress.com/exposed -ebc- news -feds- revamp - stance -on- idling- after -... 2/13/2009 EXPOSED I CDC News •1 Feds revamp stance on idling after meeting with drive -ihru grow... Page 4 of 7 24 scientific evidence," she said. "And we were seeing some municipalities that were focusing on the health impacts of idling based on information that was incorrect and misleading." The association argues Natural Resources Canada didn't put enough weight on pollution caused by a puff of contaminants produced when an engine is restarted after being shut down. Reynolds said some of that misleading information on the "Idle -Free Zone" site has now been corrected, but the site still "lacks balance." In particular, she said, it doesn't deal with other driving behaviours that cause greenhouse gas and pollution emissions, such as excessive speeding, rapid acceleration and poor vehicle maintenance. "What I would like to see is that Natural Resources Canada put the same amount of emphasis on these other driving behaviours that they do on idling," Reynolds said. With regards to idling, the changes to the site will have an impact on municipalities, Ottawa city Coun. Chve.Doucet said. "It's gonna make it harder for every city politician to make the argument that we need to have restrictive legislation on idling. It's not good news for cities anywhere," said Doucet, who pushed hard for an anti- idling bylaw in Ottawa. ? A bylaw banning idling for more than three minutes in Ottawa went into effect on Jan. 1, 2008. With the aim of reducing pollution from idling cars, a number of cities in Canada — including London, Ont., North Vancouver and Sarnia, Ont. — are thinking about making it tougher for restaurants to build new drive- thrus. Gordon Taylor, an engineering consultant who has done air - quality studies for Natural Resources Canada, suggested that the restaurant association could be taking another approach to deal with criticism of drive- thrus. "I think the restaurant association should have some kind of a pro -active campaign to say, `Hey, if there's a big long lineup, -consider wa:lldng in the door,' " http: / /www.cbc.ca/health/story /2008/08/1 T /ot- drivethru -08081 l.html No Comments No comments yet. Comments RSS TrackBack Identifier LTJ Leave a comment bttnJ/ drivethrulies .wordpress.comlexposed cbc- news -feds- revamp - stance -on- idling after -... 2/13/2049 i5' Report No. SR97 -11 -01 F ' Are' Anal YS is of -the Effect Oj on Missions of Aii.owing Drive -Thru Service Danes 3 prepared for. 1 California Business Properties Association. November 10, 1997 ❑C prepared Sierra Research, lac. 18011 Street Sacramento; Califoinia 95814 (816) 444 -6665 26 AN ANALYSIS OF PIE EFFECT ON EMISSIONS OF ALLOWING DRIVE -TABU OR VICE LANES . prepared. for: - - -' - .California BBusiness Properties Anodatiort i . t J November 10, 1997 .l • prepared by: 1 .. Sierra Research, Inc ' 180'!. J Street ' Sacramento, California 95814 (916) 444 -6666 • i 27 y AN ANALYSIS OF TSE EFFECT•ON•EMiSSIONS ' -i OF ALLOWING DRB9E TBRU SERVICE LANES Table ofCanteins $ egg 1. Summary and Conciustons .......... ............................... 1 2. Overview ....................... ............................... 3 2.1 Emissions Modeling g Methodology 3 2.2 Analysis ofRestaurant Activities ...... ..:... . ................ 4 ,. 3. Introduction ..................... ............................... 8 ` 3.1 Purpose and Scope of This Study .................. S 3.2 Guide to the Remainder of the Report .......... 9 4, Emissions Modeling Methodology ................................... i I } 4.1 M4dai. Emissions Description .. .. ............................: •11 4.2 Standard Mobile Source Modeling Approach ...................... 15 43 Modeling of Exhaust Emissions ... .. ............................. 18 4.4 Modeling of Evaporative Emissions ............................... 24 . ► 5. Convenience Restaurant Activity Levels ................ I ............... 26 y 5.1 Collection and Analysis of Representative Data ...................... Z7 -� 6. _ mv`e ffiggo -99 AnaWM. ... .......... • ....................... 30 6.1 Average On -Site Vehicle Emissions ............................... 30 62 Average Total Trip Veltiicle Emissions ............................ 33 6.3 Effect of Eliminating the Drive -Thu Proh"bition .................... 37 7. References ........................... ..................... 41 r • Appen& A - Emission Calculations i List of Fifeurm I. Effect of ERminating the Ban on Drive -Thru Windows on ' Average DailyRestanraut Emissions .................. . ............. 2 2. 1997 On -Site CO Emissions by Scenario ............................. 5 3. 1997 Totg Trip CO Emissions by Scenario ............................ 6 4. 1997 Daily Total Trip Emissions Per Restaurant Vrith and Without Drive -Tiuu Windows ............ ....................: ..... ... 7 + 5. 3997 On-Site ROG Emissions by Scenario ............................. 31 - -1997 6.- On -Site ROG Emissions by Scenario and Mode - Summer ...........: 31 -i 7. On-Site ROG Emissions by Scenario and Mode - Winter 1997 .............. 32 S. - 1997 On -Site CO.Emis ions by Scenario _ ........... . ................ 34 9. 1997 On -Site NOx Emissions by Scenario ..................... . . .. . . . 34 10. Total Trip ROG Emissions by Scenario and Mode - Summer 1997 ......... _ 35 J 11. Total Trip ROG Emissions by Scenario and Mode - W inter' 1.997 ........... 35 . 12 1997 Total Tiip ROG F iussioIIS by Soenar d .......................... 36 i 13. 1997 Total Trip CO Emissions. by Scenario ..... . ... . ............. 36 -" 14. 1997 Total Trip NOx Emissions by Scenario ....... _ ........... _ ...... 37 15. E&A ofd g the Agn on Drive -Thrn Windows on ; '. Average Daffy Reshm ut Emissions .................................. 39 r 28 29 tist of Twos 1M 1. Emission Changes Resulting from Blunmafiag Drive -Tl ru Prolu'bition ....... .7 2. 1997 Lake Tahoe Convenience Restaurant Meet Composition ............. 19 _ ,€ w� 1 3. 1997 Light- DutyNehicle Idle/Lovv speed Emission Factors .............. 23 4. Hot Soak Correction Factors Based on GM Data ....................... 24 x 5. Summary ofResults from Survey of QuickService Restaurant Owners 28 . . .. .. _ ... . . -.� 6. 7nne -Zn -Model foi Each. Model/Domain Scenario Evaluated .............. 29 r 7. Emission Changes Resulting from E =n,: wfhg Driv6 -Thru Prohibition ....... 38 I .`St I It 30 - - ',s-- 6° 1. SUADURY AND CONCLUSIONS In response to the problems of continued air pollution throughout California's urban areas, some local air pollution control officials have proposed or a acted Trans on the use of drive• -thru service lanes at locations such as banks and convenience restaurants. . Proponents of such a measure argue that drive -thru Lanes generate more air pollution than park- and -stop activities. A detailed analysis of the effect of a ban on drive -thru Ianes in theiiake Taboo reJa r 't A Lji, 1i_aVJi Ya WaL. {i M YL 'ar fi.K a' '1`.:!°AaA' 'Ci A. x:x ;Si.•....:•iriH^ � .t^.♦ "t w:xi o : Ieeof caiirgnnono�fiii )and smog?` CO euassians for an avera a convenience restaurant would decrease by 10 °le if the ban were eTisuinated. Enri of r �w oda'`rgar c gas�es.(R QQA one of the two main ingredients of smog) would d . by 13% in the summer. and 19% in the winter. Respective decreases of 18'/5 and summer and winter emissions of oxides of nitrogen (N4x) would also be realized emissions are the second main ingredient of smog) The results of the analysis fo . s typical convenience restaurant in the Lake Tahoe r egion are shown in Fig= 1. These results are consistent with a 1991 study of the effect ofbanrung drive -thru service ' lames at convenience restaurants in Southern Caiifornia.l' Previous analyses that have led to other conclusions have suffer om two rincipal errors. Pn st, none of the earlier yses looked at the evaporative emissions from cars. These emissions, which consist of i gasoline vapors conning from the gas flank and fuel system. are responsible for the majority of the ROG emissions in convertmee restmirant parking lots. Second, none ofthe eoEer analyses used an accurate method for evaluating minuto-by-minute emissions of cars in restaurant parldng lots and for a short time after they leave the restaurant. ;a In this analysis, both "hot soak' and "running loss" evaporative emissions were included i4 the calculations. In addition, existing motor vehicle emissions models were supplemented with a more accurate technique to predict parlang lot-and drive - f f emissi©ns er;i a r ts- by- minute basis. This technique is described in detail in Section 4 of this report. in conclusion, there are no emission benefits being realized by the current ban on drive- - thru windows at either existing or new cdmieaieiice iestaui nulls. Tn tact, there is Ir'keiy to be a slight decrease in emissions of all pollutants if the current ban on drive -thra windows is eliminated. While this analysis is based on Lake Tahoe ambient conditions and data validated for convenience restaurants in this region, the some general conclusions are Tritely to bold true for sinily restaurants in other locations and under diffwtM ambient conditions. It thus appears that efforts in California and other states to prohibit drive -thru "A windows for air quality purposes are counterproductive and may result in higher rather than lower emissions. Sup=aipes denote reftw=provided in Smdon 7. •1- E t� F t t 3 I r d �r 1w G W 0 50 0 rA s � 5 �4 0 � 3 S tit 2 st O Z 0 1997 Summer NOx 1997 Winter NOx -2- 31 •� "nwtu00 £L INdb ApnjS f3uuoz 6noiql..E)A,,(, G�ILC7l�uoi�ippb, PI sanss1 pug s u.]aouo0 ssa�oad Indul �(�iunuauaoo pug asodand 4pn�s o adoos .� Ma►naaA0 uo �sai1'/i��J �l6noa Mou auo'ane uI'anirp �u�niao��ao� � °p �CyM f s! ��uM I's p tt;) -�? v S4 1 =1 saop le qM — /iOunoO AU siuj uoisiOap g •qa- _ uaniao�., Aq. 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Drive - Throughs: Prohibited or Permitted Community Prohibit All Drive- Throughs Prohibit Fast Food Drive- Throughs Prohibit All Fast Food Restaurants Prohibit Formula Restaurants Permit' Drive - Throughs in Specific Zoning Districts ; Callsto a, Caliifornia* X X X X Carmel-by-the-Sea, Califomia* X X X X Carrboro, North Carolina X Concord, Massachusetts* X X X Davis, Califomia X O un uit, Maine* X X X San Luis Obispo, California X Santa Cruz, Califomia X Sierra Madre, CAA X Toronto, Canada x Watertown, Massachusetts* X X * Fast food drive- throughs prohibited; drive- thmughs associated with other businesses (i.e. banks) may be permitted v CO • iJ DRIVE- THROUGHS Data and Correspondence When researching drive-through restrictions and prohibitions, the following jurisdictions are commonly cited as either prohibiting or limiting drive - through facilities. Staff reviewed each jurisdictions' zoning regulations and summarized the findings in the attached table, entitled "Drive- Throughs: Prohibited or Permitted ". In addition, several jurisdictions were contacted to confirm their drive- through regulations and inquire as to the economic impacts of their drive - through limitations. Staff contacted Planning and Community Development Directors or City Managers for jurisdictions that did not have economic development departments or staff. Correspondence received from participating jurisdictions is shown below. CALISTOGA, CALIFORNIA ❑ population (2000): 5,190 ❑ 2.6 square miles in area ❑ Median Household Income (1999): $38,454 ❑ Median Home Value (2000): $273,100 ❑ approximately 75 miles north of San Francisco, in Napa Valley ❑ contacted via email 07/27/09; 08121/09 CARMEL -BY=THE -SEA, CALIFORNIA ❑ population (2009): 3,894 ❑ 1.1 square miles In area ❑ Median Household Income (1999): $58;163 ❑ Median Home Value (2000): $675,300 ❑ approximately 120 miles south of San Francisco ❑ contacted via email 07/27109; 08/21/09 CARRBORO, NORTH CAROLINA ❑ population (2000):16,782 ❑ Median Household Income (1999):$33,527 ❑ Median Home Value (2000): $172,800 81 From: James Han•is [JHarris @ci.carrboro.nc.us] Sent: Monday, July 27,2009 12.49 PM To: Shannon Berry - Subject: RE: Drive - throughs in Carrboro We certainly have experienced setbacks due to the ordinance_ As you may be aware there are certain kinds of businesses that need drive throughs such as restaurants and drug stores. We have been unable to recruited or consider the new stand alone concept drug store because of this ordinance. Therefore we y have lost a lot of potential tax revenue for property and sales tax. From: Shannon Berry [mailto:sberry@co_orange.nc.us] Sent: Monday, July 27, 200910:42 AM To: James Harris Subject: Drive - throughs in Carrboro - Good morning Mr. Harris. As you may know, Orange County is looking at possibly modifying our Zoning Ordinance to limit or more strongly regulate drive- throughs in the county. I understand Carrboro limits drive- throughs in the central business area. What, if any; . economic impacts has the town experienced following the drive through prohibition _. downtown? Has the town experienced any issues with business recruitment or backlash from the business community? Any positive economic results? Any Information you may have on the economic impacts of the drive - through limitations within the town would be greatly appreciated. Thank you for your time and assistance with this matter. Shannon Shannon Collins Berry, AICP = Special Projects Planner Orange County Planning & Inspections (919)245 -2589 (919)644 -3002 fax www.co.orange.nc.us CONCORD, MASSACHUSETTS = • population (2000): 16,993 • approximately 20 miles west of Boston • Median Household Income (1999):$95,897 • Median Home Value (2000): $453,400 From: Marcia Rasmussen [mrasmussen @concordma.gov] Sent: Monday, July 27, 200912:23 PM To: Shannon Berry Subject: RE: Concord drive - throughs Shannon, 82 We have not collected data on the economic impacts to the Town of prohibiting fast food drive- through restaurants or fast food restaurants in general (fine Concord Zoning Bylaw is available on the Town's website at www.concordmaxiov, the fast food prohibition is found under Section 4.7.1 and restaurant is defined under Section 4.5.4). The zoning. bylaw was initially adopted in 1981 in response to traffic impacts, air pollution and littering issues. We have not had a legal challenge to the bylaw, nor have we had a problem attracting restaurants to the area although we don't have a national chain such as McDonald's, Burger King or Wendy's in Town. Concord doesn't prohibit drive - through facilities for banks or dry cleaners (the one dry cleaner that had a drive - through window ended up relocating to a site without that feature). We have not had a request for a drive -up window by a drag store (there is a Rite -Aid and a CVS in the town, along with a privately owned drug store), which i think is more due to the fact that these stores were developed before the drive - through feature became widely expected, the high cost of real estate and the limited parking /access to the existing buildings. There-are three village centers in Concord - the most historic, Concord Center, is also a local Historic District and i doubt that a drive through window would be approved today without extensive review and discussion. There is only one bank with a drive- through window in the historic district that I am aware of. Concord is a relatively affluent town that has had a vibrant business community supported by the residents. I don't think the prohibition on fast food restaurants or fast food drive- through restaurants has negatively impacted the community; l think that if they were allowed there would be a negative impact on the community. Marcia Rasmussen Marcia RasmussenDirector of Planning & Land Management Town of Concord 141 Keyes Road phone: (978) 318 -3290 From: Shannon Berry [mailto:sbeny @co.orange.nc.us] Sent: Monday, July 27,2009 10:52 AM To: Marcia Rasmussen Subject: Concord drive - throughs Good morning Ms. Rasmussen. I am a planner with Orange County, North Carolina, located in the Research Triangle of North Carolina. We are looking at possibly modifying our Zoning Ordinance to limit or more strongly regulate drive- throughs in the county and I am trying to gather as much information as possible regarding the impacts other communities have experienced due to regulations or prohibitions. I understand Concord prohibits fast food drive - throughs and all fast food restaurants within the city. Does the city also prohibit drive - throughs for banks, dry cleaners, etc? What, if any, economic impacts has the city experienced following the drive - through 83 prohibitions? Has the city experienced any Issues with business recruitment or backlash from the business community? Any positive economic results? Any information you may have on the economic impacts of the drive - through limitations within your city would be greatly appreciated. Thank you for your time and assistance with this matter. DAVIS, CALIFORNIA • population (Jan. 1, 2005): 64,401 • located in the Central Valley of Northern California • approArnately 11 miles west of Sacramento • Median Household Income (1990):$42,454 • Median Home Value (2000): $238,500 • home of UC Davis O'GUNQUIT, MAINE • population (2000): 1,226 • approximately 4.3 square miles in area • Median Household Income (1999):$47,727 • Median Home Value (2000): $208,600 From: Muriel Freedman [mure@maine.rr.com] Sent: Tuesday, July 28, 2009 8:50 AM To: Shannon Berry Cc: Thomas Fortier' Subject: Ogunquit drive - throughs bear Shannon, As chairperson of the Ogunquit Planning Board, I have been asked to answer a few questions you have regarding our Zoning Ordinance and drive - throughs in the Town of Ogunquit. There is nothing specifically written in our ordinances, but we do not have drive - throughs. The only drive - throughs that we have in this Town are three banks and they were here before Zoning Ordinances were written. These banks are "grandfathered ". We have never had a problem with anyone asking for a drive - through. However, this is a small Town with approximately 4+ square miles and very little land to allow something like that. 84 If you would like any further information, I would suggest you get in touch with our Code Enforcement Off icer, Paul Lempicki. You can get his information and email him through our website, www.townofogunquit.org , then Use the pull -down Town Hall - Town Department - Code Enforcement. If you would like to see our ordinances go to Town Documents - Municipal Code - Title X- Zoning Ordinance. I hope this is helpful to you. Please feel free to contact me if you need any further help in this matter. Muriel Freedman, Chairman Ogunquit Planning Board SAN LUIS OBISPO, CALIFORNIA • population (01/01/2008): 44,697 • 10.7 square miles in area • Median Household Income (1999): $31,926 • Median Home Value (2000): $278,800 • Central Coast of California; home of California Polytechnic University (Cat Poly) and Cuesta College From: Clark, Claire [cclark @slocity.org] Sent: Tuesday, July 28, 2009 4.40 PM To: Shannon Berry Subject: RE: San Luis Obispo drive4hroughs Hello, Shannon. Thank you for your inquiry about our City's drive- through prohibition. As a backdrop, our City (including the Chamber of Commerce) has an environmentally conscious nature that permeates much of the decision making on Land Use here. When our Economic Development Program was started, a complimentary Natural Resources Protection Program was established at the same time. Furthermore, there is always an active and outspoken contingent that organizes around issues related to development in our City. On the issue of the drive -thru prohibition, as with the smoking prohibition, the business community was initially concerned about the eff ects of the regulations on new and existing businesses. However, these fears have not been realized. In fact, these prohibitions have helped to fuel the branding of our City as a health- conscious place to live and do business. From time to time, a request to reconsider the ban comes to the Council. So far, there has been no interest on the part of our Council to reconsider the prohibition. Anecdotally, I believe that this is due to the strong community support for the prohibition and the high degree of interest in conservation that has grown in recent years. That said, there are a 85 couple,of enterprises that will not locate here because of the prohibition. These include In- n-Out Burger and Walgreen's. I am sure there must be others of which we are unaware. However, the drive thru prohibition has grown into a hallmark of our community. Fortunately, the City of San Luis Obispo enjoys a high level of interest from businesses wishing to locate here. This did not change with the prohibition. In fact, in the intervening years, it seems that our Downtown and mail areas have continued to grow and prosper despite the rigors of our permitting processes and various regulations. I do not track the effects of the prohibition and do not know of any studies done prior to adoption so do not have any hard data to offer you. I hope this "sense" of the economics will help you with your considerations. Good luck. Sincerely, Claire Claire 8. Clark I Economic Development Manager te18Q5781 -7164 I fox 805-781-7109 1 www.sioety ora City of San Luis Obispo ( 990 Pain Street I San Luis Obispo, CA 93401 From: Shannon Berry [mailbo:sberry@co.orange.nc.us] Sent. Monday, July 27, 2009 7:47 AM To: Clark, Claire Subject: San Luis Obispo drive throughs Good morning Ms. Clark. I am a planner with Orange County, North Carolina, located in the Research Triangle of North Carolina. We are looking at possibly modifying our Zoning Ordinance to limit or more strongly regulate drive - throughs in the county and I am trying to gather as much Information as possible regarding the impacts other communities have experienced due to regulations or prohibitions. I understand San Luis Obispo has had a long - standing prohibition of new drive- throughs in the city. What, if any, economic impacts has the city experienced as a result of the drive through prohibition? Has the city experienced any issues with business recruitment or backlash from the business- community? Any positive economic results? Any information you may have on the economic impacts of your city's drive -through prohibition would be greatly appreciated. Thank you for your time and assistance with this matter. SANTA CRUZ, CALIFORNIA • population (01/01/04): 56,300 • 12 square miles in area • Median Household Income (1999): $50,605 • Median Home Value (2000): $411,900 • located on the northern part of Monterey Bay, approximately 74 miles south of San Francisco • home of UC Santa Cruz 86 SIERRA MADRE, CALIFORNIA • population (2000): 10,687 • 3.0 square miles in area • Median Household Income (1999):$65,900 • Median Home Value (2000): $370,500 • located 19.4 miles from Los Angeles; foothills • contacted via email 07/27/09; 08/21/09 TORONTO, CANADA u. population (2006 Census): 2,503,281 ❑ 641 square kilometers in area ❑ Median Household Income (1999):$54,800 USD ❑ Median Home Value (2005): $379,866 USD ❑ contacted via email 08105109 WATERTOWN, MASSACHUSETTS ❑ population (2000): 32,986 • Median Household Income (1999): $59,764 • Median Home Value (2000): $270,600 • approximately 6 miles west of Boston From: Magoon, Steven [smagoon @watertown- ma.gov] Sent: Monday, July 27,2009 11:32 AM To: Shannon Berry Subject: RE: Watertown drive - throughs Watertown does permit drive throughs by special permit, however we do not allow drive throughs for food, which I understand has been in place for many years. As to impacts, l have only been with the Town for about a year, but I understand that there really has not been a dramatic impact either way. Watertown has a history of significant Industrial uses which has transitioned over the years to more suburban uses. One could argue that the lack of drive through restaurants has probably had the greatest impact on the health of our residents. We have had significant economic growth and a pretty strong tax base. I have not heard a great concern from the business community, other than fast food operators, regarding the prohibition. I hope that helps. Feel free to forward any additional questions. Steve Magoon, Director 87 Community Development and Planning Town of Watertown 149 Main Street Watertown, MA 02472 (617) 972 -6417 (617) 972 -64:84 fax (617) 987 -1138 cell smagoon @watertown ma.gov From: Shannon Berry [maiito:sberry@co.orange.nc.us] Senh Monday, )uly 27, 200911 :00 AM To: Magoon, Steven Subject: Watertown drive- throughs Good morning Mr. Magoon. I am a planner with Orange County, North Carolina, located in the Research Triangle of North Carolina. We are looking at possibly modifying our Zoning Ordinance to limit or more strongly regulate drive- throughs in the county and I am trying to gather as much information as possible regarding the impacts other communities have experienced due to regulations or prohibitions. I understand Watertown prohibits fast food drive throughs within the city. Does the city also'prohibit drive- throughs for banks, dry cleaners, etc? What, if any, economic impacts has the city experienced following the drive- through prohibitions? Has the city experienced any issues with business recruitment or backlash from the business community? Any positive. economic results? Any information you may have on the economic impacts of the drive - through limitations Within your city would be greatly appreciated. Thank you for your time and assistance with this matter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Excerpt of Minutes MINUTES ORANGE UNIFIED TRANSPORTATION BOARD REGULAR MEETING FEBRUARY18,2009 Attachment 7 88 MEMBERS PRESENT: Sam Lasris, Cedar Grove Township; Nancy Cole Baker, Pedestrian Access Advocate; Julian (Randy) Marshall, Bingham Township; Paul Guthrie, Chapel Hill Township; Bryn Smith, CFE Representative; Alice Gordon, Board of County Commissioners; Eric Tillman, EDC Representative; Karen Barrows, Little River Township MEMBERS ABSENT: Al Terry, Transportation Services Board Representative; STAFF PRESENT: Karen Lincoln, Transportation Planner, Tina Love, Administrative Assistant II OTHERS PRESENT: Marabeth Carr, RLA, Open Space Design Specialist; Rich Shaw, Land Conservation Manager, Stephanie Trueblood, Town of Hillsborough Planner, Paul Black, Triangle JCOG Rural Traffic Impacts of Development Sam Lasris asked for Board comment on the topic of Drive - Throughs. The group discussed all the different types, definitions, and uses. The general consensus was split with the majority of the members expressing disagreement with any plans to ban drive throughs. It was a mixed reaction with the consensus to wait until after the public hearing and to gather more information. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 MINUTES ORANGE UNIFIED TRANSPORTATION BOARD REGULAR MEETING MARCH 18, 2009 MEMBERS PRESENT: Nancy Cole Baker, Pedestrian Access Advocate; Julian (Randy) Marshall, Bingham Township; Paul Guthrie, Chapel Hill Township; Bryn Smith, CFE Representative; Alice Gordon, Board of County Commissioners, Eric Tillman, EDC Representative; Karen Barrows, Little River Township MEMBERS ABSENT: Sam Lasris, Cedar Grove Township; Al Terry, Transportation Services Board Representative; STAFF PRESENT: Karen Lincoln, Transportation Planner, Tina Love, Administrative Assistant 11 OTHERS PRESENT: Call to order 11. Consideration of additions to the agenda III. Board Comments/Updates Karen Lincoln gave an update on the Joint Public Hearing outcome on drive throughs and related that Michael Harvey had given the presentation on the topic and he advised that one Commissioner was absent and of the six present, three seemed to favor banning them and the other three were leaning toward developing regulations. The Planning Board is discussing it now. She will keep the OUTBoard informed. Fire Per Section 6.9 (3) (c) drive -thru areas shall be screened by a twenty -five (25) foot vegetative buffer V e 9 e t a t 1 V e A r e a Vegetative area r i t h r LA r e a Per Section 6.9 (3) (b) drive -thru menu boards shall be screened from external view Building Vegetative area Vegetative area Per Section 6.9 (4) (g) twenty (20) percent of the properly is required to be landscaped if a drive -thru is proposed Per Section 6.9 (3) (a) drive -thru lanes and parking areas must be fifty (50) feet from property lines Roadway Attachment Eight (8) 190 Stub -out for future connectivity I Vegetative area This sketch assumes a lot size of approximately two (2) acres given the need for septic/well sites and compliance with recommended setback requirements ?CDONALD S Cp p �� UL WILLOUGHB TION X 9328¢ Y JR �' NC 27709 drIV thru IrU'�ane : a� EVjNE "'CHA,-L. R -rRUS7-kjj X216 VIA Co AL,OS vel, RONAL DES ESTATES CA 9027,; . . . . . . . . . . . . . . . . . Data 4Eh 15,1' and is GIs -*'-" an ova for refer "'ap 18 Oblalld A 80 locou" On-& on ram Orange Maw and bot,,4., COunty ap P-P8red by orange C 8 VIOUld tv rSid - YR County p, verifiled annin ftlecMve a & InaPec , IiOna. Aj ozmwo•1 40 'nCh - 37.74 feet p- IN- q?, '784-8549 -IA413L- "3 7 114-1,5C 93 Attachment Nine (9) Attachment Nine (9) Air Quality calculations Prologue: - The attached material is from two (2) sources: 1. 2005 Orange County Greenhouse Has (GHG) Inventory developed as part of the local action plan document to address air quality non - attainment in this area of the NC triangle region. The expert states that this transportation sector /vehicle miles traveled (VMT) accounts for 48% of GHG emissions. Of that, staff` has approximated that ten (10) minutes of idling in fifty (50) drive -thrus that .each service two hundred fifty (250) cars a day would amount to approximately .3% of the total GHG emissions or .6% of transportation emissions. 2.. A document from the Environmental Protection Agency (EPA), dated 2001; entitled `Extended Vehicle Idling'. On page two (2) of this document, specifically Table One (1), there is a reference to a `breakeven' point(s) of re- starting vehicles versus idling time in minutes. Page(s) three (3) and four (4) of the document describes some measures to ameliorate drive -thru. emissions. implementation considerations on page(s) six (6) and seven (7) offer a reasonable EPA perspective on idling issues of both drive -thru facilities and heavy -duty vehicles. 94 Prange County GHG Inventory 3 2005 GHG INVENTORY The inventory section 'of the report provides estimates of the GHG emissions within the communities as a whole and emissions produced by local government operations in the baseline year 2005. In the sections below, emissions from each module (community and local government) are broken down into five different sectors to provide a detailed analysis of each module. This model of categorizing emissions into modules and sectors follows the Cities for Climate Protection (CCP) protocol which has been developed to facilitate and standardize emissions inventories that take part in the CCP program. It is important to note that the local government operations module is a subset of the community module and to add them together would be double - counting emissions. 3.1 Community Inventory 3.1.9 Overview The community inventory provides an estimate of all of the GHG emissions produced within Orange County both by residents in their homes and by local businesses and agencies as they carry out their operations. Five key sectors are included in the community inventory: residential, commerciallinstitukional, industrial, transportation, and solid waste. During 2005, Orange County (including Carrboro, Hillsborough and Chapel Hill) produced approximately 2,777,281 tons of GHGs. Table 3 provides a summary of the energy used and GHG emissions produced by each of the sectors. Figure 1 provides an illustration of the contribution to emissions from each sector. The transportation sector was the largest contributor to total emissions, responsible for 48% of the GHG emissions produced within the county. This was followed by the commerciaUinstitational sector (29 %) and the residential sector (20 %). The industrial sector (2 0/6) and solid waste. sector (1%) contributed a relatively small amount to total emissions. S Numbers may not add corrwdy because of rounding. Orange County GHG Inventory and Local Action Plana Document 23 95 Orange County•GHG Inventory Figure 1.2005 Community GHG Emissions by Sector Solid Waste Residential 1% 20% yi+i yyews`;� Transportation 48 % Cornmerclall Industrial institutional 1% 29% It is difficult and sometimes misleading to compare per capita emissions in different communities because of the multiplicity of factors that contribute to a community's emissions. Factors such as the fuel used to generate electricity, the availability of alternative fuel in the community and the type and pace of business development in the region can make comparison difficult. That said, it is useful to understand Orange County's per capita emissions in regards to broader state and national per capita emissions as reduction efforts wrought at these levels should benefit Orange County's emissions and likewise, Orange County's efforts to reduce its emissions will influence state and national emission outputs. In 2005 Orange County generated approximately 22.8 tons of GHGs per capita, only slightly less than the U.S. average of approximately 24.09 tons per capita-6 However, it is important to consider that total US emissions include some sources not included in a CCp inventory (e.g. agriculture, soil management, air transportation and others) and given Orange County's relative lack of industry, this emission profile is high. Furthermore, given the serious nature of the global problem of GHG emissions, it is our hope that Orange County can serve as local, regional, and national leader through coordinated efforts to lower emissions. In the following section of this report, energy consumption and resulting emissions produced within each of the community sectors will be discussed in detail. s Source: Based on 2004 populations estimates published by US Census Bureau and total GHG emissions produced in US in 2004 as published by US EPA. Orange County GHG.Inventmy and Local Action flan Document 24 m 97 Extended Vehicle Idling Iniroduedon Item (xi) of Section 108 W of the. 1990 amended Clean Air Act defines "programs to control extended idling of vehides" as a candidate transportation control measure. The idea is that vehicular emissions can be reduced by eliminating vehicle idling, either by turning the engine off while the vehicle is stopped or by limiting the periods of time in which a vehicle must be stopped and idling. One method of reducing vehicle idle time is through the use of traffic flow improvement techniques, and these are discussed in the correspo4ding chapter of these information documents. This chapter addresses two other sources of extended idling of vehicles: passenger vehicles using drive- throtigh facilities, such as those existing at banks and fast food restaurants, where the'velricle is kept idling during the service period. Heavy -duty vehicles that are not in use and are kept idling rather thaii being shut off, such as buses that are kept idling at layover points or trucks. that are left to idle while being loaded or unloaded. The tradeoff between idling emissions and hot-start emissions by vehicles of a particular type depends on a number of factors including the age of the vehicle, the type of control equipment used, the type of fuel used, the pollutant of interest, and the ambient tem- perature. For example, catalytic controls work well in the idle mode,- so that idle emis- sions from newer vehicles are far less of a problem then from older, non - catalyst equipped automobiles. It is difficult, therefore, to develop a single transferable number that represents the maximum desired idling time. The following is an. analysis for one urban area which indicates the factors which should be considered. In preparing the 1982 Revised Air Quality Management Plan (AQMP) for the south. Coast Air Basin, a strategy for reducing idling emissions by restriction or elimination of drive - through facilities was considered (3). An emissions analysis of drive - through facilities was done by comparing the emissions from idling with those from a hot start /hot soak cycle, which would represent a person parking, carrying out a business transaction within an hour; restarting the car, and leaving. The results are summarized in Table 1. According to" analysis, for CO a car could idle for 6 minutes before it would generate the same emissions as when it was restarted. The equivalent idling times are even greater foi HC and NOx. Based on this analysis, it was concluded that the banning.of drive - through facs'tities would be counter- productive. Extnrded veldde Idling Table 1: !Vehicle Idle vs. Hot StarMoak Emissions adling Time Hot Stet Hot Soak HdHng Eqd valent to falssions smisdons Emissions StawStop - Yen Pollutant (gsdsWt) Cycle Emissions 1987 THC 4.16 1.67 .2217 26 NOx .71 .0551 13 CO 13.18 2.3541 6 2000 THC 406 .67 .1743 27 NOx .41 .0386 11 CO 1093 1.8164 6 Source: (3) Extended Vdikleldlnrg 2 99 Heavy -duty vehicle idling represents a different problem._ Trucks are often left idling while their drivers await access to facilities to make pickups or deliveries. Older trucks often required longer amounts of time to warm up and cool down, and some operating habits have carded over in the use of modern vehicles. Modern vehicles, however, re- quire less than five minutes to reach an operating temperature that assures proper engine lubrication under load. Not all engine idling is at the discretion of the driver. Many facilities are operated in such a manner that idling is required. For example, at some facilities, trucks are required to be in a slowly moving queue to make pickups or deliveries; trucks are required to move at a moment's notice, and are therefore kept idling to be ready to move. Public transit vehicles such as diesel buses and diesel locomotives also may be left idling for long periods of time. Fxainples include the period between runs, midday layovers, or even overnight. Transit authorities increasingly are instituting operations policies to limit this idling as a means of controlling fuel costs and minimizing community com- plaints over excessive emissions and noise. Qescripflon. of Measures The following types. of measures have been'considered to control extended vehicle idling: a Controls on drive-through facilities; Laws or operating policies that limit idling of heavy -duty vehicles; and Mechanical modifications to the vehicle that restrict the amount of time that it can Idle. Possible controls on drive- through facilities include: • Limitations on the construction of new drive- through facilities, a Removal of existing facilities, and Specification of design standards applicable to the development and operation of new drive- through facilities. The removal of existing facilities would affect the largest market, but also would involve a retroactive control or reversal of previous development decisions. Proposals to elinn irate existing drive - through facilities have resulted in considerable opposition and been abandoned as being politically infeasible. More realistic approaches are to manage the way in which new drive - through facilities are developed and-operated. For example, a fast food window configuration could be required where there are three stops — one to Ertettded.Vddckhaftig 3 100 place the order, one to pay, and one to receive thefood. Such an approachcmdd shorten the total length of time a vehicle is in queue, and thereby lead to both reduced idling time and fewer acceleration /deceleration cycles. his described in -the follo�g section, this Mud of management approach is receiving current interest as a means of. conllf tro L% both congestion and emissiorm Interest also is increasing in more carefully managing the emissions of heavy -duty vehicles while operating in the idle mode. For example, a law to restrict heavy -duty, vehicle idling has been considered by the California legislature. As an example of the third type of control, Volkswagen is working on an engine that may increase fuel ef- ficiency by as much as 9d per cent, using measures such as computer control that shut off the engine during idling and storing energy In a flywheel . to provide an instant restart. Case Study Exam199 - Proposed Call%rnle Legislation to Undt Heavy Thick IdU g The South Coast Air Quality Maitageaatent District (9CAQMD) has worked with the California state legislatuere to develop legislation that would restrict truck id ttg. The proposed law was developed by the California AB 2595 Teciudcal Advisory Group with the coopesa6n.of the trucking industry (7). The trucking industry cooperated because they believed that it would be better to have a single, consistent statewide law on heavy duty vehicle idling than to have a number of possibly different regional orlocal regu- lat iow. The proposed law has two significant provisions. • No person shall cause, allow, or permit the engine of a heavy -duty, motor vehicle to idle for more than five consecutive minutes if the vehicle is not performing usef d work. m No person responsible for the shipping orreceiving of goods by a heavy-duty motor vehicle shall operate a facHity in such a manner that causes, allows, or permits, a heavy -duty motor veW to idle for mare tha:e flve'consecutivre minutes when the vehicle is not perforating useful work. The proposed ball contains exceptions for buses picking up passengers, motor vehicles stopped in the line of traffic, snow removal equipment, and emergency, vehicles. It also provides for the following exceptions that pertain especially to tr CI= F.zfa�drd Vehie�t&iiirtg 4 101 • Motor vehicles whose primary power source is utilized in whole or part for neces- . sary and definitively prescribed mechanical operation other than propulsion, passenger compartment heating, or air conditioning (e.g., refrigerated trailers that require .an idling engine to receive power). • Motor vehicles manufactured with a sleeper berth while the sleeper berth is being used, in a non - residential area, by the vehicle operator for sleeping or.resting, Pro- vided that the vehicle is not in a queue, and provided that the operation of the vehi- cle does not create a public nuisance. ® Motor vehicles used under adverse• weather conditions, including rain, show, tem- peratures below freezing, and temperatures in excess of 100 degrees Fahrenheit. Motor vehicles when the driver compartment is in direct sunlight and the tem- perature is in excess of 80 degrees Fahrenheit, provided that the engine idling, is required to operate an air conditioning system. The Technical Advisory Committee also determined that a truck operator education program would be a cost - effective measure in conjunction with the proposed law. Limitations on Drive -Up Windom In the Sacramento metropolitan area, the 1982 AQMP programs for the County of Placer and the Cities of Lincoln, Rocklin, and Roseville included drive -up window (imitations (3). The measures are intended to limit the number and design of new drive -up window fatalities to reduce idling time and congestion. The County of Sacramento regulates drive -up facilities by a use permit. The code is intended to ensure that the design and location of a drive -up facility will not contribute to increased congestion on public or private streets adjacent to the facility,. The code requires that: • Design and location will not impede access to or exit from the parking lot serving the facility, nor impair normal circulation in the parking lot; • No drive -up lane shall extend closer than 25 feet to the access- driveway; • Advance ordering stations be located a minimum of 120 to 180 feet from the win- dow; • The window cannot be used to justify fewer parking spaces; and The use permit is revocable if congestion due to the window regularly occurs. Extended Vehide Idling 5 102 Estimated Impacts Th,q regional emission reductions associated with reducing the number of new drive - through facilities are expected to be minimal, primarily because of the small amount of travel impacted relative to the total highway vehicle mobile source inventory. At best, such measures may be effective in reducing localized CO hoispots. Controls on extended vehicle idling of heavy duty vehicles may have a larger emissions reduction impact in commercial urban areas than will the limitations of drive- through facilities. This is because of the higher unit emissions of heavy duty vehicles compared to light duty automobiles. Program Costs and Other Considerations The proposed California law on heavy duty truck idling would require funding for public awareness, facility inspection, law enforcement, and truck operator education. It could also incur additional cost to truck operators by shortening starter life, but would . also reduce the costs of fuel consumption and engine wear. Elimination of existing drive- through facilities would require compensation of the affected businesses and physical modifications to the facilities. The affected market segments would be shopping and personal business trips that use-these facilities, primarily in• suburban areas. The costs associated with efforts to influence the design or limit the number of new drive - through facilities would largely be limited to small administrative costs to manage the new development code. Costs'to building owners and operators could be minced; with lower construction costs and higher operating costs if buildings must be kept open for longer periods of time. Impiementption Considerations Because most heavy - duty - vehicles operate across jurisdictional boundaries, laws to restrict heavy -duty vehicle idling should be implemented statewide rather than locally so as to ease enforcement. tin the case of California, the proposed law w6i ld be enforced by air pollution control districts through routine inspections of facilities with heavy - duty truck activity and through response to public complaints. The California Highway Patrol and local law enforcement agencies would have discretionary enforcement au- thority. The Technical Advisory Committee suggested that current resource constraints on enforcement of traffic safety regulations might stake it necessary to develop new funding or cost sharing mechanisms between law enforcement and air pollution control agencies in order to enforce the proposed restrictions f2 ?. . Extaided V&kteldung 6 103 Affecting the development of drive - through facilities curreudy is controlled throuo the zoning prooss and limitation of co n&tional use permits, which is exclusively under the control of does and counties. Hence, this type of control measure may be difficult to implement on a regional, statewide, or national basis. - Equity considerations are an issite that has arisen in past public policy debates over the possible limitation of drive- through facilities. Is it fair to remove existing, already ap- proved and operating drive-up.facilities? Conversely, is it fair to ban or even limit new drive -up facilities and allow existing services to continue to operate? The following implementation guidelines cau be summarized: a Controls on vehicle operations are probably most effectively implemented at the state level. • Controls on development are the province of local jurisdictions. In this case, regional and state agencies fan play a valuable technical assistance role. " Controls on drive - through facilities generally are most effective as limitations rather than outright bans. Design standards represent an appropriate implementation mechanism, based on congestion as well as emission considerations. Data should be collected prior to enactment of any measure so as to establish the magnitude of existing idling emissions that'would be impacted. Controls on extended idling of vehicles will impact existing businesses as well as the public. It is important that representatives of both groups be actively involved iin the planning, analysis, and development of any such controls. As evidenced by the history, of the proposed California legislation on heavy -duty vehicle idling, imple- mentation prospects can be enhanced by actively involving potentially impacted business interests in the development of proposed control measures.. ® Bibliography • 1. Guensler, Randall, Daniel Sperling; and Paul Jovanis, "Uncertainty in the Emission inventory for Heavy-Duty, Diesel- Powered Trucks ", report prepared for the TRED Foundation, Sacramento, Californtaf Institute of Transportation Studies, University of California, Davis, Research Report No. UCi? -IWRR 91-t)2, June 1991. 2. "Guidelines for Local Air Districts Considering Trai sportation Control Measures Directed at Heavy4ruck Operations ", report prepared by the A32595 Technical Advisory Group Established pursuant to the California Clean Air Act (Assembly Bill Warded Micktdtiag 7 104 2595,1988), Business, TransportAiion and Housing Agency, Air Resources Board, California IHigUm" Patrol, September 1990. 3. ' "Information Document H: Control of Extensive Idling ", California Air Resources Board, n.d. a Exla :da! Vdiitteldling Attachment Ten (10) 2030 Comprehensive Plan — Following is an excerpt from the Comprehensive Plan that addresses the concept of " sustainability". This excerpt can be found in Chapter 1, "Plan Overview", which ties each Element of the Plan together. 1.3. TOWARD A SUSTAINABLE FUTURE An emerging point of consensus in Orange County is that we need to move toward becoming a sustainable community. What that means is that we must seek to develop a community that meets the needs of the present generation without compromising the ability of future generations to meet their needs. Current global trends have demonstrated the need for planning healthy and sustainable communities. One trend is the increasing impact of greenhouse gases on the world's climate and another is the decreasing supply of resources that support life. Sustainability is defined as .aligning our built environment and socioeconomic activities with the natural systems that support life. In the long run, sustainability means adapting human activities to the constraints and opportunities of nature. The figure below is a graphic representation of a sustainable community. Each ring represents one of the Three Us: the environment, the economy and social equity. Each of these rings is connected to, and dependent upon the others. The design of a sustainable community in Orange County means that this Comprehensive Plan will strive, in its i ylementation. to link the economy, the environment and social equity to improve the vitality of all three of these domains. The meaning of sustainability can be further understood by examining four basic principles regarding human needs, natural systems, and the relationships between them. FIGURE 1 -1: THE THREE SPHERES OF SUSTAINABLE GROWTH Often termed the "triple bottom line," sustainable growth can be achieved in Orange County by balancing environmental, social, and economic factors when setting County policies and regulations. 1. For a given natural resource, if the depletion rate exceeds the replacement rate, the resource will be available for only a finite time. Thus, unchecked use of resources has implications for our future generations. 2. Human activity produces harmful substances, which must be mediated to maintain balance in the natural systems. Human - generated waste, such as plastics, sewage, and carbon monoxide, must be carefully managed to minimize and eliminate damage to the earth. 105 106 3. Earth's ecosystems, of which humans are a part along with other living beings, are interdependent and most stable when they include a diversity of species. Overuse and pollution of the natural environment has implications for maintaining the earth's biodiversity. 4. Human needs span physical, economic, environmental, cultural, social, and spiritual dimensions. Human needs can be met equitably, justly, and with dignity without compromising the physical environment. Achieving greater fairness is essential for social stability and the cooperation needed for making large -scale changes within the framework laid out by the first three principles. These global principles are locally relevant because our community is part of a region, part of a continent, and part of a world. Our individual and collective decisions and actions affect the quality of human life and the quality of our natural environment not only in the local community, but also in the world. By understanding these principles and the consequences of continuing to violate them, we establish a common basis for working toward becoming a sustainable community. Sustainability is a theme that runs throughout this Comprehensive Plan. Orange County residents understand the linkages that support a sustainable future. Examples abound: To help preserve rural character, shop at a farmers market to help keep local farms in production. To help pay for schools and services, encourage growth of the non - residential tax base by locating residences close to business and retail centers. Reduce growth in carbon emissions by achieving compact development patterns. We need to use the resources that are available to us today in a manner that protects them for future generations. Following is a summary of the key ideas presented in this Comprehensive Plan that relate directly to the goal of achieving a sustainable future. Refer to each of these Plan Elements for more details. 1.3.1 ECONOMIC DEVELOPMENT The County has established Economic Development Districts wherein public investment will be focused to stimulate and accommodate development in strategic locations that can be served by transportation systems and public infrastructure, and be convenient to housing opportunities. The County's Economic Development Commission works with local, regional and state governments and agencies to attract and promote the types of businesses suited to Orange County. These efforts focus on recruiting appropriate businesses that will provide jobs to local residents and provide a more balanced tax revenue structure that relies less on the generation of private property taxes. The County and Economic Development Commission have identified Action Steps in the report: "Investing in Innovation: Orange County Economic Development Commission Five -Year Strategic Plan." To meet the demand for locally grown products, the County is working with Alamance, Chatham, and Durham Counties to establish a value -added food processing center, where farmers and others could make value -added products, such as jams, pickles, or tamales.