HomeMy WebLinkAboutAgenda - 11-05-2009 - 4mORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 5, 2009
Action Agenda
Item No. 4 " m
SUBJECT: Legal Advertisement for Quarterly Public Hearing -November 23, 2009
DEPARTMENT: Planning and Inspections
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Proposed Legal Advertisement
INFORMATION CONTACT:
Craig Benedict, Planning Director,
245- 2592
Perdita Holtz, Planning Systems
Coordinator 245-2611
PURPOSE: To consider the legal advertisement for items to be presented at the joint Board of
County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 23,
2009.
BACKGROUND: The Board of County Commissioners reviews proposals to be considered at
public hearing for consistency with general County policy and presentation format. The following
items are proposed for consideration at the November 23, 2009 Quarterly Public Hearing:
1. Rezoning -Intersection of NC 54 and White Cross Road
2. Sign Ordinance Amendments -Outdoor Advertising Signs (Billboards)
3. Telecommunication Wireless Support Structures (Towers)
Additional Information:
1. Rezoning -Intersection of NC 54 and White Cross Road
Action: to rezone a portion of a 4.7 acre parcel of property located at the intersection of NC 54 and
White Cross Road (TMBL 6.30..7M /PIN 97490-0293) from Agricultural Residential (AR) to
Neighborhood Commercial Two (NC-2).
Initiated ey: The property owner, Mr. Vernon Davis.
History: This item was originally reviewed at the November 24, 2008 Quarterly Public Hearing
where staff recommended denial of the petition due to its noncompliance with provisions of the
Orange County Zoning Ordinance, specifically existing limitations on cumulative amount of non-
residentially zoned property within Nodes. This issue was rectified with a recent text amendment to
Section(s) 4.2.8 and 4.2.9 of the Zoning Ordinance approved by the BOCC on August 18, 2009. As
result of this text amendment, the review of the petition can move forward. Staff is recommending
that the petition be re-presented at the November 23, 2009 Quarterly Public Hearing so that staff
can introduce a revised recommendation.
Issue: The septic system supporting the
residentially zoned parcel. Mr. Davis is
system supporting his commercial operation located on the residentially zoned parcel of property
and is seeking to rectify the problem.
Proposal: The applicant would like to rezone a portion of the aforementioned parcel of property
and then create a new lot, zoned NC-2, approximately one point six (1.6) acres in size to
accommodate the commercial building and the required septic system/repair area.
2. Sign Ordinance Amendment -Outdoor Advertising Signs (Billboards)
This a staff initiated amendment to Article Nine (9) of the Zoning Ordinance to develop language
outlining the County's limitations on the regulation of outdoor advertising signs (i.e. billboards).
Histo At the September 10, 2009 BOCC work session, staff was directed to initiate a zoning text
amendment to clarify regulations governing the regulation of outdoor advertising signs. Specifically,
staff was asked to develop language that addresses the limitations the County has regarding the
enforcement of billboard regulations as they relate to the findings of a recent court case.
Issue: For the past several years there has been a general discussion over what authority the
County has with respect to the regulation of outdoor advertising signs, which overlaps NC DOT
regulations. Based on comments from the County Attorney's office, our ability to regulate such
signage has been limited due to the findings of a recent court case over a similar issue in Stanley
County.
Proposal: Staff is proposing to amend the provisions of the Sign Ordinance to address our
limitations on the regulation of outdoor advertising signs in an effort to bring existing County
regulations into compliance with recent court decisions.
3. Telecommunication Wireless Support Structures (Towers) for BOCC to consider formally
enrolling certain publicly owned properties as possible tower sites within the County
Histo Recently, Orange County sent out a Request for Proposals to telecommunication
organizations and groups for the purpose of soliciting interest in forming public/private
partnerships to create a telecommunication network for the underserved and unserved portions
of rural Orange County. The program could be partially funded through the federal stimulus
(ARRA) grant programs. Provision of wireless broadband is also a goal in economic
development zones.
There are several potential County owned sites suitable for the development, and co-location,
of wireless facilities to address communication needs for various County departments (i.e.
emergency management, sheriff, inspections, information technology, etc) and provide
necessary coverage for residents who live in areas with little to no existing wireless service.
Issue: There needs to be formal recognition and pre-enrollment of these public sites into the
Master Telecommunications Plan (MTP) and a concomitant decision indicating that a proposed
wireless facility location would be a public necessity to the County. A resolution will be created
identifying specific County owned lands that could be utilized for this purpose.
existing commercial operation is located on an adjacent
concerned about his continued ability to have a septic
This will allow the County to begin discussions of the aforementioned public/private
partnerships to extend wireless service to the underserved areas of the County and to promote
the use of current technologies (including broadband) to support public safety, information
transfer, public communication, and economic development.
Proposal: Identify select County properties for potential tower locations and authorize pre-
enrollment into the Master Telecommunications Plan (MTP) for next February.
Section 6.18.5 of the Orange County Zoning Ordinance addresses the development of a Master
Telecommunications Plan. The intent of the Plan is to identify preferred tower locations where
property owners (including schools, OWASA, voluntary agricultural districts etc.) have
expressed an interest in allowing such facilities on their property.
Section 6.18.1 states that Planning Department staff members may administratively approve
towers under one hundred fifty (150) feet in height on County property, and in other specific
instances, as long as the proposed tower complies with the various development standards,
location requirements, testing, and plan submittal details as contained within Section 8.8.17 a.
The processing of the application through the general conditions and required findings of fact is
not required.
Note: There are no specific tower request applications at this time: This is a proactive plan to
allow the County to expeditiously prepare grants to meet America's Recovery and Reinvestment
Act (ARRA) grant guidelines.
Non-Public Hearing Items
Additionally, staff intends to present the following non-public hearing items at the joint meeting:
1. State of the 2030 Comprehensive Plan
November 18th is the first anniversary of the adoption of the 2030 Comprehensive Plan.
Consistent with Plan recommendations for monitoring and evaluation, staff is providing a status
report to the BOCC. Status reports are to occur every other year beginning one-year after Plan
adoption.
2. Census 2010 Complete Count Committee (CCC) Update
Staff will provide a brief update on the activities of the Committee, formed to help build
awareness about the census, why it is important, and encourage participation.
FINANCIAL IMPACT: Other than advertising costs, which are included in the FY 2009-10
Budget, there are no direct financial impacts associated with the approval of this item.
RECOMMENDATION(S): The Manager recommends the Board approve the proposed
November 23, 2009 Quarterly Public Hearing legal advertisement.
Attachment 1
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Central Orange Senior Center, 103
Meadowlands Drive, Hillsborough, North Carolina, on Monday, November 23,
2009, at 7:00 PM for the purpose of giving all interested citizens an opportunity to
speak for or against the following items:
A. PUBLIC HEARING ITEMS
1. Rezoning -Intersection of NC 54 and White Cross Road
REZONING of a parcel of property at the intersection of NC 54 and White Cross
Road (TMBL 6.30..7M /PIN 9749-40-0293) from Agricultural Residential {AR) to
Neighborhood Commercial Two (NC-2).
The property owner, Mr. Vernon Davis, has initiated this request. Mr. Davis owns
two (2) contiguous parcels of property at the intersection of White Cross Road
and NC Highway 54. One parcel is an 8,400 square foot parcel of property that is
zoned Neighborhood Commercial Two (NC-2} and the other is a 4.7-acre parcel
of property zoned Agricultural Residential (AR).
Mr. Davis is seeking to recombine portions of these two (2) lots and create a 1.6-
acre parcel of property zoned NC-2. Mr. Davis is seeking the approval of this
rezoning request to allow for the parking and septic system supporting an existing
commercial operation to be located on the same property.
Pumose: To receive citizen comment on the rezoning request to zone
approximately 1.6 acres to NC-2.
2. Sign Ordinance Amendments -Outdoor Advertising Signs (Billboards)
ZONING ORDINANCE TEXT AMENDMENT. In accordance with the provisions
of Article Twenty (20) the Orange County Planning staff has initiated an
amendment to Article Nine (9) Signs of the Zoning Ordinance to develop
language outlining the County's limitations on the regulation of outdoor
advertising signs (i.e. billboards).
4
Staff is proposing to amend the provisions of Article Nine (9) to address
limitations on the regulation of outdoor advertising signs in an effort to bring
existing County regulations into compliance with recent court cases. '~
Purpose: To receive citizen comment on the proposed amendments.
5
3. Telecommunication Wireless Support Structures (Telco Towers)
The County is proposing to use certain County properties as potential sites for
Telco Towers.. The process to enroll these sites as part of the zoning code's
Master Telecommunications Plan (MTP) does not require a formal public
hearing. However, since possible future tower development to serve the needs
of public safety, information technology, and economic development on behalf of
citizens and businesses, Orange County is bringing this provision forward for
public discussion.
America's Recovery and Reinvestment Act (ARRA) has grant funds for projects
that can bring broadband (wireless or cabled systems) to unserved and
underserved areas of the County. Therein, Orange County is preparing itself to
meet the requirements of a future grant submittal. No specific tower applications
are being proposed at this time.
Pu ose: To receive citizen comment on the Master Telecommunications Plan.
Accommodations for individuals with physical disabilities can be provided if the
request is made to the Director of Planning at least 48 hours prior to the Public
Hearing by calling the appropriate number listed below. The full text of the
changes may be obtained after November 13, 2009 from the Planning
Department. Also, the text may be obtained at the County website
www.co.orange.nc.us at the Meeting Agendas link prior to the meeting.
Questions regarding the proposals may be directed to the Orange County
Planning Department located in the Planning and Agricultural Center, 306E Revere
Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m.
Monday through Friday. You may also call 245-2575 or 245-2585 and you will be
directed to a staff member who will answer your questions.
PUBLISH:
News of Orange Chapel Hill Herald
November 11, 2009 November 11, 2009
November 18, 2009 November 18, 2009