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HomeMy WebLinkAboutORD-2009-143 - Application of Dimensional Requirements to Establish Regulation Governing the Development of Drive-thru Facilities within the County–Option One-Prohibition.5'6 OtZD' x009'143 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' Ed Finerty said that it seems as if the Board of County Commissioners wants this to happen. He would like the Board to tighten up this financial plan and get the needed funding. Melanie Rio is a Carrboro High student. She said that this school is incomplete and with no auditorium, it is the kids that are missing out. Benjamin Judge is a senior at Carrboro High School and said that their facilities are inadequate, like the band and chorus room. He said that the students do not have that sense of pride in the arts program. Serena Fenton said that people were so excited last spring when they all thought the arts wing was a done deal and then they found out last week that there are problems with the funding. She said that she hopes that their money is not going to Elementary School #11 first. Carol Barrow said that she also thought the arts wing was a go. She said that not all students are athletic or academic. She asked the County Commissioners to please pass this arts wing for the students. Mike Taylor thanked the County Commissioners for their service to Orange County and said that it is admirable for the Board of County Commissioners to let parents and school board members to come forward and comment on this plan. He said that this is a good time to stimulate the economy for ashovel-ready project. He said that his son is in the performing arts at Carrboro High. He respectfully requested the County Commissioners to support this item. Michael Barrow said that he attended Chapel Hill High years ago and made it to Broadway in the performing arts. He said that his high school and past experiences changed his life. Commissioner Gordon said that there needs to be a definite financial plan to get LGC approval. She said that the CHCCS Board Chair said that she could find the pay-as-you-go funds. She suggested that the Board go forward with these bonds, get pay-as-you-go funds from CHCCS, and then Orange County can provide the administrative funds. Bob Jessup said that this would be sufficient for the idea of a plan to present to the LGC for construction costs in showing a complete package of the funding. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to close the public hearing and approve moving forward with the issuance of Qualified School Construction Bonds, and to have a conversation with the CHCCS about reimbursing the funds provided by CHCCS. Commissioner Gordon suggested including the proposed funding offer from CHCCS and suggested adding an amendment to the motion stating that Orange County would provide administrative costs. The Board agreed with the amendment to the motion. Commissioner Jacobs said that this Board has always been supportive of this arts wing but they are also trying to put their financial affairs in order. He said that there were discussions years ago about whether arts should come before athletics and this was a choice of the CHCCS Board and not of the Board of County Commissioners. VOTE: UNANIMOUS b. Zoning Ordinance Amendment Establishing Regulations for Drive-thru Facilities The Board reviewed and deliberated on astaff-initiated Zoning Ordinance Text Amendment to Article Six (6) Application of Dimensional Requirements to establish regulation governing the development of drive-thru facilities within the County. Planner Michael Harvey made this PowerPoint presentation. v.CfJ ~o2GP9 -iy~ ~' S h T~,,~,.,~.- d AGENDA ITEM: 5-B PUBLIC HEARING Review of a proposal to amend the Orange County Zoning Ordinance to establish regulations for drive-thru facilities Tuesday October 6, 2009 - BOCC Meeting Options relating to drive-thru facilities: 'Option One (1): Prohibit drive-thru facilities within the County's planning jurisdiction, 'Option Two (2): Regulate as to the location and operational characteristics, required landscaping, and cumulative number of drive-thru facilities. ' 'Option Three (3): Implement aCounty-wide educational program on the problems of vehicle idling while not taking any action to amend existing development regulations. What is before you: 'Minutes of the various related meetings where item was discussed (Quarterly Public Hearing, Planning Board, OUTBoard,etc) 'Study presentation materials reviewed by the Planning Board (Attachment 5) 'Staff report on the regulation drive-thru facilities as requested by the BOCC (Attachment 6) 'Sample site plan and physical examples of how proposed regulatory concept would work as requested by the BOCC (Attachment 8) Attachment Eight (8) -Site Plan: Attachment Eight (8) -Example Attachment Nine (9) -Additional Information •2005 Orange County Greenhouse Gas (GHG) Inventory. Idling of cars represents approximately .06% of total vehicle emissions, •A 2001 report from the EPA entitled `Extended Vehicle Idling'. Document suggests mitigating drive-thru impacts, most of which we are proposing. 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 staff's 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, 'Receive the additional requested information, •If 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. PUBLIC COMMENT: Ben Lloyd is a resident and taxpayer of Orange County. He said that he obtained a copy of this abstract and that adopting this will contribute to Orange County's "No Growth" image. He said that in 2005 the Board of County Commissioners adopted an Economic Development plan to create 5,000 jobs. He said that no one will come to Orange County if the Board of County Commissioners adopts this. He said that this regulation is not good for Orange County. He said that mothers with kids and the handicapped are referred to in this abstract regarding drive-thrus. He said that the County should focus on the real problem, which is fuel consumption. He said that he would support a ban on drive-thrus if there is a ban on stoplights or UNC ballgames because of the idling pollution. He said that he supports option 3, which is to do nothing. _ Commissioner Jacobs said that the Chair of the Economic Development Commission said that the EDC was not consulted to participate in this process. He would like to incorporate the EDC on economic development matters and Chair Foushee agreed. Commissioner Pelissier said that she was disappointed that the minutes from the OUT Board were insufficient. She said that Orange County now bans drive-thrus in the Hillsborough EDD and the Efland-Cheeks Overlay District. She asked how this decision was made and the rationale. Michael Harvey said that in the Eno EDD overlay, one of the reasons they recommended banning drive-thrus was because this was primarily for residential areas and they did not want franchise businesses to be there. Commissioner Hemminger said that she is excited about the education portion of the program and the more education that can be done can affect the idling issue. She said that families sit in carpool lines and more education would be helpful to these types of people. She is concerned about the banning component in regards to older citizens and how this wilt affect them. Commissioner Yuhasz agreed with Commissioner Hemminger about the education component. He said that an outright ban of drive-thrus may affect commercialization and he does not want to discourage the development of economic development. He said that there are a lot of other sources of idling besides drive-thrus. He said that the County should promote the education component of this and continue to monitor what will happen. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve Option 3 - Implement a County-wide educational program on the problems of vehicle idling while not taking any action to amend existing development regulations. Commissioner Jacobs asked if the County Commissioners could ask for more extensive minutes from the OUT Board and all agreed. Commissioner Jacobs said that they are all in favor of education. He would like to see a definite timeframe on the education process as well as a plan. He thinks that there should be some performance measures in regard to education so that there is an end result. Commissioner Nelson said that he will vote against the motion. He is not against education, but he supports an outright ban. Commissioner Nelson said that he is frustrated because this room was not designed for meetings and the acoustics are horrible. He said that the symptoms are being treated, and he would like to solve the problem. He suggested meeting somewhere else or fixing the acoustical problems. Commissioner Nelson said that the economic development question needs to be dealt with and Carrboro has had a ban on drive-thrus for 15 years and it has not hurt the economic development there. He said that the underlying issue is greenhouse gas and global warming and there is no silver bullet. He said that the community will survive without drive-thrus. Commissioner Pelissier said that she agreed with Commissioner Nelson's comments, and in rereading the minutes of the Planning Board and previous quarterly public hearings, she thinks that everyone has forgotten some of the major goals. She said that there were plans to put drive-thrus in the Buckhorn area when she was on the Planning Board, and now that is a moot issue. In the Planning Board minutes, it all started with greenhouse gas emissions and educating parents to not idle in the drop off lane at a school. She said that the real issue is that drive-thrus are a symbol of the car-oriented culture. She thinks that if the County wants to move in the right direction, it has to change the symbols and the messages. The County wants to create developments that are transit-friendly, pedestrian-friendly, and bicycle-friendly. She said that there is no clear evidence that if drive-thrus are banned that a message is sent to the business community that they are not wanted. She thinks that banning drive-thrus sends a message about the kinds of businesses that the County does want. Commissioner Hemminger said that she would like to formally ask the school districts to educate their students and families about the issue of idling. Commissioner Yuhasz said that the areas that this would affect are the EDD's that are not in Chapel Hill or Carrboro, and the environment and atmosphere will be different in Orange County. There will not be a lot of development where people can walk to the places that are going to develop. He said that there is significantly more greenhouse gas created by the kiss- and-go lanes at the schools than will ever be created by all drive-thru restaurants that ever might be created in Orange County, and this ban does not address that at all. He said that this ordinance would not minimize greenhouse gas. He thinks that the message with this is that Orange County does not like drive-thrus and the food that is served and the people that go there. He does not want to send that message. Commissioner Jacobs said that he originally proposed this idea about banning drive- thrus and it has nothing to do with the kind of people that use drive-thrus. He said that once he proposed it, he has never used adrive-thru anywhere, even at a bank. He said that he has always been opposed to the size of the kiss-and-go lanes at schools. He said that someone has to take the lead in addressing a culture that is so car-oriented. He is willing to consider a motion to do education before a ban. He said that this has to do with emissions, but there needs to be a clearer and targeted message. If not, then the Board will vote 4-3 for the ban. Chair Foushee asked Commissioner Yuhasz to restate his motion. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to accept the Administration's recommendation, substituting option 3 for option 2 in #4. He said that he might be willing to accept some modification of the motion to put some reasonable time limit on the education component to see if it has had an effect, and to involve the schools. Commissioner Jacobs suggested asking staff to come back with a proposal with a specific timeframe, a way to measure the effectiveness of the educational component, and a plan for the education. Commissioner Yuhasz agreed to add this to the motion. VOTE: Ayes, 3 (Commissioner Yuhasz, Commissioner Hemminger, Commissioner Jacobs); Nays, 4 MOTION FAILED