HomeMy WebLinkAboutORD-2013-004 Ordinance Amending the OC UDO - Outdoor Lighting (UDO/Zoning 2012-14) �� 13
Ordinance 4: ORD- 2013 -004 " °
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS during the development of the Unified Development Ordinance several
modifications to existing lighting regulations were identified as being necessary, and
WHEREAS several of these modifications, incorporated into the UDO
Implementation Bridge, were put on hold for future consideration, and
WHEREAS the County has determined these modifications to existing lighting
regulations are now timely, and
WHEREAS the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS the County has found the proposed text amendments to be reasonably
necessary to promote public health, safety and general welfare and to achieve the
purposes of the adopted Comprehensive Plan, and
WHEREAS pursuant to North Carolina General Statute 153A -341 and Section 1.1.7
of the Unified Development Ordinance, the Board of Commissioners of Orange County
has found the proposed text amendments to be consistent with the goals and policies of
the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
4-
c
Upon moti f Commissioner seconded by
Co mi sioner , the foregoing ordinance was adopted this
day of , 2013.
I, Donna S. Ba er, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the oreg ing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2013 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
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1 2013.
Con
SEAL
ortb °` Clerk t th Board of Commissioners
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2014; considered approving the grant application that includes adopting a resolution
authorizing the applicant to enter into an agreement with North Carolina Department of
Transportation; and considered authorizing the County Attorney to complete the necessary
certifications and assurances.
Transportation Administrator Al Terry presented this item. He said that the certifications
of assurances that are normally attached to this have not come in from NCDOT yet.
PUBLIC COMMENT:
Alex Castro said that Orange County should support and fund OPT in any way
possible. if Orange County can get a grant, then it should ask for it. He said that OPT needs
to be expanded on the capital side.
A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to:
1. Close the public hearing to receive public comments on the proposed grant application;
2. Approve the Community Transportation Program Grant application for FY 2013-2014 in
the total amount of$185,605, with a local match of$27,841;
3. Authorize the County Attorney to complete the necessary certifications and assurances
which have been requested from NCDOT;
4. Approve and authorize the Chair to sign the Community Transportation Program
Resolution, and sign the annual certified statements of participation when they are
completed; and
5. Accept and budget the receipt of the CTP grant once awarded.
Commissioner Dorosin verified that the request is for money for administration and no
capital items.
VOTE: UNANIMOUS
C. Amendments to Unified Development Ordinance Text— Incorporate
Changes Suggested by MuniCode (UDO/Zoning 2012-15) - Public Hearing Closure and
Action (No Additional Comments Accepted)
The Board received the Planning Board's recommendation, closed the public hearing,
and considered a decision on Planning Director initiated text amendments to the Unified
Development Ordinance (UDO) to incorporate changes suggested by MuniCode, a corporation
retained by Orange County to codify the County's ordinances.
Planner Perdita Holtz said that these amendments were suggested by MuniCode. The
Planning Board considered these amendments and voted unanimously to recommend
approval.
A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to:
1. Receive the Planning Board's recommendation of approval;
2. Close the public hearing; and
3. Adopt the ordinance contained in Attachment 2 which authorizes the text amendments.
VOTE: UNANIMOUS
I Unified Development Ordinance Text Amendments—Outdoor Li htin
(UDO/Zoning 2012-014) - Public Hearing Closure and Action (No Additional Comments
Accepted)
The Board received the Planning Board's recommendation, considered closing the
public hearing, and considered making a decision on Planning Director initiated text
amendments to the Unified Development Ordinance (UDO) modifying outdoor lighting
regulations.
Planner Michael Harvey made a PowerPoint presentation.
JANUARY 24, 2013
PUBLIC HEARING
AGENDA ITEM 6D:
UDO TEXT AMENDMENT—OUTDOOR LIGHTING
• PROCEDURAL NOTE:
The reconvening of this hearing is solely to receive the Planning Board recommendation and
any additional written evidence submitted since the November 19, 2012 Quarterly Public
Hearing.
This hearing is not intended to solicit additional input from the public. While the BOCC may ask
staff questions related to the review of a given item, comments from the public shall not be
solicited.
WHAT THIS PROPOSAL DOES:
• Clarify existing regulations.
• Add new definitions of light trespass, mercury vapor luminaire, light pollution, etc. to
Article 10 as recommended during Phase 1 of the UDO.
• Eliminate multiple definitions of the same term within Article 10 of the UDO.
• Address concerns expressed by Orange County Department of Environment
Agriculture Parks and Recreation (DEAPR) over height restrictions for athletic field
lights. Height on athletic field lights has been raised from 80 to 100 feet in Urban areas
and from 60 to 90 feet in Rural areas.
ATHLETIC FIELD LIGHT ISSUE:
• 2 poles aimed at same
• aiming point but note difference in impact of spill and glare
• on adjacent properties. Restricting mounting height
• aggravate, not improve, the impact of spill and glare light
PLANNING BOARD:
• Planning Board reviewed at its December 5, 2012 regular meeting.
• Voted to modify height limits on athletic field lights. 2 members voted to eliminate
regulation altogether.
• Voted unanimously to approve amendment package as contained in Attachment 2.
RECOMMENDATION:
The Manager recommends the Board:
1. Receive the Planning Board's recommendation;
2. Close the public hearing; and
3. Decide accordingly and/or adopt the ordinance contained in Attachment 2 which
authorizes the text amendments.
A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to:
1. Receive the Planning Board's recommendation;
2. Close the public hearing; and
3. Adopt the ordinance contained in Attachment 2 which authorizes the text amendments.
VOTE: UNANIMOUS
7. Regular Agenda
a. Review of the Historic Rogers Road Neiahborhood Task Force
The Board reviewed and discussed the outcomes from the Historic Rogers Road
Neighborhood Task Force and the future of the Task Force.
Michael Talbert presented this item and gave a summary of the process that started
about a year ago, including a brief history of the process.
Beginning in 1972 the landfill was opened by the Town of Chapel Hill and in
1999 Orange County assumed ownership and operation of the Eubanks Road Landfill. The
Historic Rogers Road Community has continued to cope with the Landfill for 40 years. The
Community is geographically split by the Towns of Chapel Hill and Carrboro. Orange County
as
the current owner/operator of the Landfill is taking the lead to make remediation improvement
to
the Historic Rogers Road Community.
On May 17, 2011 the Board received a request from the Rogers Eubanks Neighborhood
Association (RENA) recommending actions to mitigate the long and short term impacts of
Orange County's Landfill and Solid Waste operations on the health, safety and welfare of the
Historic Rogers Road — Eubanks Road Community.
On January 26, 2012 the Board and the Town Boards discussed the extension of sewer
service
and a community center for the Historic Rogers Road Community. County and Town Attorneys
have concluded that utilization of Solid Waste reserves to extend sewer service to the Historic
Rogers Road Community is not consistent with North Carolina General Statutes and could
subject the local governments to legal challenges. Therefore, funding for either the extension
of
sewer services and/or a community center will need to come from the County's and Towns'
other general revenue sources.
On February 21, 2012 the Orange County Board of Commissioners authorized the Creation of
a
new Historic Rogers Road Neighborhood Task Force to address sewer service and a