HomeMy WebLinkAboutAgenda - 04-17-2012 - 6d ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 17, 2012
Action Agenda
Item No. (D - d
SUBJECT: Review of Proposed UDO Text Amendment- Political Signs
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Unified Development Ordinance (UDO) Michael D. Harvey, Planner III, 245-2597
Amendment Outline Form (UDO/Zoning- Craig Benedict, Director, 245-2575
2012-04)
2. Ordinance Amendment
3. Draft Minutes - February 27, 2012
Quarterly Public Hearing
4. Draft Minutes - March 7, 2012 Planning
Board Meeting
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and
make a decision on a Planning Director initiated Unified Development Ordinance (hereafter
'UDO') text amendment.
BACKGROUND: This item was presented at the February 27, 2012 Quarterly Public Hearing.
Attachment 1 contains additional information and analysis regarding this amendment.
Public Hearing: During the public hearing, a question was asked by a Planning Board member
if these standards would be applicable for the upcoming November election. Staff indicated
these regulations would be applicable for upcoming elections, including the May 2012 primary.
Planning Director's Recommendation: Please refer to Section D of Attachment 1.
Planning Board Recommendation: Please refer to Section C.2 (a) of Attachment 1.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
RECOMMENDATION: The Manager recommends the Board:
1. Receive the Planning Board recommendation of approval;
2. Close the public hearing; and
3. Adopt the Ordinance of Approval for the UDO text amendments contained . within
Attachment 2.
Attachment I 2
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO/Zoning-2012-02
Amendment addressing allowable location(s) for the placement of political signs
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From: ---
To: ---
F-1 Zoning Map:
From:- --
To:---
❑ Other:
Text Amendments
❑ Comprehensive Plan Text:
......................_._......._........_................._....._............................................................_............._...__.. ........_.._.._
Section(s):
® UDO Text:
❑UDO General Text Changes
®UDO Development Standards
❑UDO Development Approval Processes
....._......................_._......._........................._..........--........_...__........_..._......................_............._......__._..._._.........................................................................._..........._........................_................................_...................__...............
Section(s): Section 6.12.5 (N) and Section 6.12.6 (E)
❑ Other:
B. RATIONALE
1. Purpose/Mission
......................-..__..............._.................................................... ........... . . ..._....._...... ..__.... .. .._._................_ ...._.... ...... .. . .._.......... . .............................:
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment to modify existing language governing the placement of
political signs within public rights-of-way.
On August 4, 2011 the NC General Assembly adopted Session Law 2011-408
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..................... ............. .........- 3
allowing for the placement of political signs within right-of-way 6ftheState-- hig'hw'wy i
system subject to certain restrictions.
Current County regulations prohibit the location of political signs within public road
rights-of-way. Existing 'language needs to be modified in order to ensure local
regulations are compliant with recent changes to State law.
The County Attorney's office has reviewed and approved the proposed text
amendment as contained within Attachment 2.
.............................. ................. .......................... .................. .............. .............. ............ ....................... ......
2. Analysis
............................ .............................. .............. ................ ........................I..........................
The amendment is necessary to incorporate recent modifications to State lawi
concerning the erection of political signs within the right-of-way of the State highway
system.
............................................................. ........................................................
.............. ............................. ................................................ ..................
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
This is a house keeping item in order to ensure local regulations are compliant with
State standards.
4. New Statutes and Rules
Session' ' '--Law 6 1 11-408.
............................................. ............ ................................. . ........ ..................... ..................
C. PROCESS
1. TIMEFRAME/MILESTONESIDEADLINES
a. BOCC Authorization to Proceed
November 1, 2011
........................... ........................................................................................................................................... ................
........... ...............
b. Quarterly Public Hearing
February 27, 2012
............................................. ..........................
.................................... ............ . ........... ............................. ...............
c. BOCC Updates/Checkpoints
February 7, 2012 -approval of legal advertisement
April 17, 2012 -receive Plannin Board recommendation
.. ....................................... ................9............... ................................................
d. Other
.......... .........................................
.............. .......... ....... ...... .........
2. PUBLIC INVOLVEMENT PROGRAM
..............
Mission/Scope: Public Hearing process consistent with NC State Statutes and
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Orange County ordinance requirements
a. Planning Board Review:
........... .................._......__.._.............---...__......___..._._................................_...._..._.._......_......._._....__....._...___. .-.__.. .._._.........._.....__......._. _...................... ..
January 4, 2012 — Ordinance Review Committee (ORC). The Board did not offer
any comment on the proposed modification at the meeting.
March 7, 2012 —Planning Board —The Board voted unanimously to recommend
approval of the proposed amendment as contained within Attachment 2.
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement will be published on February 15 and 22, 2012.
e. Outreach:
-.............. -._.._....._......._..._._._........__....---........__..-_...-_._._...__.._.._..._.__....._...._.._....._._._.._....__....__...._......_-..__..............__._._..........._.-........_........._...._......._;
❑ General Public: ;Consistent with NC General Statutes and Orange County
requirements
.. .. ...
El Small Area Plan Workgroup
❑ Other:
3. FISCAL IMPACT
._..............._._..........._........................__......._....__.._....._...._..__.._.__..._..._....._..-......._._...._........._..._... -...._........................._.__................_..................._._..........................._........_........---_.....---............................_......_._...
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2011-12 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
_ to process_this amendment.
D. AMENDMENT IMPLICATIONS
As required under* Section 2.8.5'of the Unified Development Ordinance, the Planning
Director is required to: `cause an analysis to be made of the application and, based upon
that analysis, prepare a recommendation for consideration by the Planning Board and
the Board of County Commissioners'.
The amendment will ensure that local regulations are consistent with State law. As a
result of Session Law 2011-408 political signs shall be allowed within the rights-of-way
of the State highway system. It also addresses an enforcement problem that staff has
wrestled with in the past over the removal of political signs from t..he... ...ri...ght-of.way.
.. . ..
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E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey @co.orange.nc.us
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Ordinance#: 2012- 01 ATTACHMENT 2
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, there is a need to review and, as necessary, revise existing land use
regulations overtime, and
WHEREAS, the Orange County Planning Director is authorized to initiate text
amendments, and
WHEREAS, on August 4, 2011 the State of North Carolina adopted Session Law
2011-408 modifying regulations governing the erection of political signs within the State
highway system, and
WHEREAS, the amendment is necessary to ensure local regulations are compliant
with recent modifications to State law, and
WHEREAS, the County has held the required public hearing and has found the
proposed text amendment is consistent with the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance (UDO) of Orange County is hereby amended as follows:
RED = Proposed Text
�#+kethrow�h = Deleted Text
Section 1. Section 6.12.5 (N) (8) Exempt Signs be amended as follows:
(8) Political signs s�shall -+ �^1 ���tFe t ref way.Fer
t Fp_0sesn'- of...is se �er�i-- --stir t rig k+ _f-wash-purr h-vve—the area
6 n rUrc�'a-rel�-r3-a--D3
Of
afeia-45 only be
allowed within rights-of-way of the State highway system in
accordance with State law.
Section 2. Section 6.12.6 (E) Prohibited Signs be amended as follows:
(E) Signs, other than traffic, governmental, street name signs, olp itical
signs erected in accordance with State law, or other official
governmental or public agency sign, shall not be permitted within any
street right-of-way;
Section 3. That this ordinance be placed in the book of published ordinances.
Section 4. This ordinance is effective upon its adoption.
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Upon motion of Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2012.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on , 2012 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of the said Board.
WITNESS my hand and the seal of said County, this day of
, 2012.
SEAL
Clerk to the Board of Commissioners
ATTACHMENT 3
1
2 DRAFT MINUTES
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4 ORANGE COUNTY PLANNING BOARD
5 QUARTERLY PUBLIC HEARING
6 February 27, 2012
7 7:00 P.M.
8
9
10 The Orange County Board of Commissioners and the Orange County Planning Board
11 met for a Quarterly Public Hearing on Monday, February 27, 2012 at 7:00 p.m. at DSS Offices,
12 Hillsborough Commons, Hillsborough, N.C.
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14 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners
15 Valerie P. Foushee, Barry Jacobs, Pam Hemminger, Earl McKee and Steve Yuhasz
16 COUNTY COMMISSIONERS ABSENT: Alice M. Gordon
17 COUNTY ATTORNEY PRESENT: John Roberts
18 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager
19 Michael Talbert and Deputy Clerk to the David Hunt(All other staff members will be identified
20 appropriately below)
21 PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford, Vice Chair Larry Wright,
22 Pete Hallenbeck, Mark Marcoplos, H.T. "Buddy Hartley", Johnny Randall, Andrea Rohrbacher,
23 Lisa Stuckey
24 PLANNING BOARD MEMBERS ABSENT: Judith Wegner, Rachel Phelps Hawkins, Maxecine
25 Mitchell, Alan Campbell
26
27
28 Unified Development Ordinance (UDO)Text Amendments-To review government-
29 initiated amendments to the text of the UDO to revise Section 6.12.5 to incorporate
30 recent modifications to State law concerning placement of political signs within the right-
31 of-way of the State highway system.
32
33 Michael Harvey presented this item.
34 Andrea Rohrbacher asked if this would affect the November election. Michael Harvey
35 said yes. This is just catching up with State law.
36 A motion was made by Commissioner Hemminger seconded by Commissioner Yuhasz
37 to refer the matter to the Planning Board with a request that a recommendation be returned to
38 the BOCC in time for the April 17, 2012 BOCC regular meeting; and adjourn the public hearing
39 until April 17, 2012 in order to receive and accept the Planning Board's recommendation and
40 any submitted written comments.
41 VOTE: UNANIMOUS
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DRAFT g
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2
3 ATTACHMENT 4
4
5 MINUTES
6 ORANGE COUNTY PLANNING BOARD
7 MARCH 7,2012
8 REGULAR MEETING
9 DRAFT
10
11 MEMBERS PRESENT: Brian Crawford (Chair), Eno Township Representative; Larry Wright (Vice-Chair), At-Large, Cedar
12 Grove Township; Alan Campbell, Cedar Grove Township Representative; Buddy Hartley, Little River Township
13 Representative; Lisa Stuckey, Chapel Hill Township Representative; Rachel Hawkins, Hillsborough Township
14 Representative; Peter Hallenbeck,Cheeks Township Representative; Maxecine Mitchell,At-Large Bingham Township;
15
16
17 MEMBERS ABSENT: Johnny Randall, At-Large Chapel Hill Township; Judith Wegner, Bingham Township Representative;
18 Mark Marcoplos,At-Large,Bingham Township;Andrea Rohrbacher,At-Large Chapel Hill Township;
19
20
21 STAFF PRESENT:Craig Benedict, Planning Director, Perdita Holtz, Planning Systems Coordinator, Michael Harvey, Current
22 Planning Supervisor, Shannon Berry, Special Projects Planner, Terry Hackett, Stormwater Resource Officer;Deb ra
23 Graham,Administrative Assistant II
24
25
26 Agenda Item 11: Unified Development Ordinance(UDO)Text Amendments-To make a recommendation to the
27 BOCC on government-initiated amendments to the text of the UDO to revise Section 6.12.5 to
28 incorporate recent modifications to State law concerning placement of political signs within the right-
29 of-way of the State highway system.This item was heard at the February 27,2012 quarterly public
30 hearing.
31 Presenter: Michael Harvey,Current Planning Supervisor
32
33 Michael Harvey: Reviewed abstract.
34
35 Lisa Stuckey: If you put under D in the state part. Is there a different one that has to do with right-of-ways?
36
37 Michael Harvey: This is right-of-way of the State Highway System. We are saying they can be,erected in the right-of-ways
38 in accordance with State law. You have to get permission of the property owner that you are putting it in front of.
39
40 MOTION made by Larry Wright to approve staffs recommendation. Buddy Hartley seconded.
41 VOTE: Unanimous
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