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HomeMy WebLinkAboutAgenda - 01-17-1995 - VIII-D 1 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: January 17, 1995 Action Agenda Item # Vmr D SUBJECT: PROPOSED ZONING ORDINANCE AMENDMENT Article 4.1 - Establishment of Use Regulations (uses permitted by right) DEPARTMENT: PLANNING PUBLIC HEARING Yes_X—No =CHMENT(S): INFORMATION CONTACT: Mary Willis Proposed amendment Extension 2583 11/30/94 Public Hearing Minutes (draft) 12/19/94 Planning Board Minutes (draft) TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider a proposed amendment to the Zoning Ordinance which would reduce restrictions related to the placement of cabinetized telephone equipment. BACKGROUND: The Zoning Ordinance lists uses allowed by right in all districts. A number of those uses are related to the distribution of utility services. Some also require compliance with certain design standards such as those pertaining to screening and lot size. Planning Staff was contacted by Mebtel concerning requirements for certain telephone equipment. The equipment in question is cabinetized, or containerized, telephone or fiber optic equipment placed on a concrete pad to provide local distribution of service. Currently, such equipment is required to be located within a 5,000 square-foot easement. Due to advances in technology, the equipment can be contained in a smaller area. The equipment addressed by this amendment is contained within a 3 1/2-foot wide by 7-foot long cabinet. The proposed amendment would allow the equipment by right with no additional restrictions. It would also allow the setback of such equipment to be reduced to 20 feet in the AR, R1, and RB districts if the equipment is screened from view by landscape material. The proposed amendment was presented for public hearing on November 30, 1994. There were no comments. The Planning Board considered the proposed amendment on December 19, 1994 and recommended approval. The vote was unanimous. RECOMMENDATION: The Administration recommends approval of the proposed amendment, per the Planning Board recommendation. 2 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 4.1 - Establishment of Use Regulations (uses permitted by right) ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: County Attorney STAFF PRIORITY RECOMMENDATION: High_x_Middle Low PUBLIC HEARING DATE: November 30, 1994 PURPOSE OF AMENDMENT: To reduce restrictions related to the placement of telephone system equipment. IMPACTS/ISSUES: The Zoning Ordinance lists uses allowed by right in all districts. A number of those uses are related to the distribution of utility services. Some also require compliance with certain design standards such as those pertaining to screening and lot size. Planning Staff has been contacted by Mebtel concerning requirements for certain telephone equipment. The equipment in question is cabinetized, or containerized, telephone or fiber optic equipment placed on a concrete pad to provide local distribution of service. Currently, such equipment would be categorized as a"subscriber loop hut" in Article 4.1 of the Zoning Ordinance, which would require that the standards of Article 6.16.12 be met, including a provision that the equipment be located within a 5,000 square-foot easement. Due to advances in technology, the equipment can be contained in a smaller area. The equipment addressed by this amendment is contained within a 3 1/2-foot wide by 7-foot long cabinet. According to current regulations, the cabinet would need to be placed on a parcel or easement at least 5,000 square feet in area (typically 100'by 500. This is considerably more than the area needed to accommodate the equipment, even with providing vehicular access for maintenance and repair. The land area requirements adds considerably to the cost, which is passed on the subscribers. The proposed amendment would allow cabinetized equipment by right with no additional restrictions. It would also allow the setback of such equipment to be reduced to 20 feet in the AR, R1, and RB districts if the equipment is screened from view by landscape material. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 4.1 Establishment of Use Regulations Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Schedule of Permitted Uses. Uses not expressly permitted are prohibited. 3 Within all districts there are certain uses that are permitted as a matter of right. The uses are: 1. Above ground and buried utility lines for local distribution of electricity, telephone, and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. 2. Cabinetized telephone and/or fiber optic equipment associated with the local distribution of services. Setbacks from the right-of-way for such equipment may be reduced to 20 feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts provided that the equipment is screened from view by landscape materials. 3. 2, Bona fide farms. 4.-g-. Buildings and other temporary structures used in connection with the construction of a permanent building. 5. 4. Neighborhood utility facilities located within a public right of way with the permission of the owner of the right of way (State, City or Town). 6. & Off street parking as a required accessory use to a permitted use. 7. 6: Public and private streets and roads. Railroad rights of way. 8. -7, Water and sanitary sewer lines, gas and liquid fuel distribution lines. 9. 8, Telephone exchanges (without business offices), subscriber loop huts, pressure regulator stations,water and sanitary sewer pumping stations. (See Article 6.16.12). 10. S: Electrical substations, switching and metering stations and associated transmission lines, where incoming voltage does not exceed 100 kilovolts (kv). (See Article 6.16.14). 114$ Solid waste collection facilities owned and operated by a public agency for the purpose of disposal of household waste by Orange County residents. (See Article 6.16.15). 6.16.12 Telephone Exchanges (without business offices), subscriber loop huts,pressure regulator stations,water and sanitary sewer pumping stations in all zoning districts The following restrictions shall be applied to the above uses in all zoning districts: a) The design of structures shall conform as closely as possible to the character of the area in which it is located. 4 b) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 800 square feet in area. c) All buildings and structures shall be landscaped and screened according to the standards that follow: 1. Buildings and structures which resemble residential accessory structures must be landscaped and maintained in the character of a residential area. 2. Any outside storage areas must be fenced with a minimum 5 foot fence and the area screened from adjacent property according to the standards in this section. 3. Lighting in and around these facilities shall be constructed and shielded so as not to shine directly on adjoining property used for or zoned for residential purposes. Electrical and telephone service to the structure shall be placed underground. Types of lighting to be considered shall include, but not be limited to, indoor lights when visible through windows, outdoor lighting, automobile headlights and signs. Devices to shield lighting may include shades, fences, shrubs, trees and natural conditions. 4. Parking areas and driveways used in connection with facilities constructed pursuant to this Section 6.16.12 shall either be surfaced or shall be located and maintained in a condition so that dust and dirt will not settle on adjoining properties as a result of their use. Driveway entrances shall be located in a manner that will create as few additional traffic hazards as possible. 5. Buildings, structures, equipment or material shall be screened by either a durable masonry wall, or a fence, or by natural planting, designed to be compatible with the character of adjoining properties, in order to materially screen the uses within the subject property from the view of adjacent properties. Screening shall be required along any portion of the perimeter of the parcel, easement, or leasehold located adjacent to property zoned for residential use, except where such property is owned or leased by a utility, and used by the utility for public utility purposes. Where screening is required, walls and fences shall be at least 5 feet in height, but need not be greater than 7 feet in height, measured from the ground along the common lot line of adjoining properties. Walls and fences shall be constructed and maintained in a safe and sound condition. Where natural planting is used as screening, a strip of land at least 10 feet in width shall be reserved for this purpose. The planting strip shall be composed of an arrangement of shrubs and trees. The shrubs shall be evergreen and shall be arranged in 2 rows as minimum and planted at an initial height of at least 3 feet, with distance between shrubs being not more than 5 feet. The shrubs shall be of such variety that an average height of at least 6 feet could be expected as normal growth within no more 5 than 2 years from the time of planting. Trees, which may be eight evergreen or deciduous, shall augment the arrangement of shrubs so that there will be a screening effect of opacity to materially screen the use within the subject property from the view of adjacent properties. d) The minimum required lot area for such uses shall be 5,000 square feet. The facility shall be located on a parcel or easement across the parcel, (whether owned or leased by the utility) which has been recorded with the Orange County Register of Deeds. e) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. ORDINANCE REVIEW SUBCOADUTTEE: October 10, 1994 PLANNING BOARD REVIEW: BOCC REVIEW: Excerpt from 11/30/94 6 Public Hearing Minutes i 1 SAM BRIGHTON, owner of the southeastern corner of the 2 proposed district, stated that his request was for his entire 3 property to be in the district and that water and sewer be 4 provided. 5 6 JACK SMILES, Director of Planning with the John McAdams 7 Company, spoke as a representative of the Carolyn Barnes 8 property. Their concern, due to the acreage requirements for 9 development, is the shape of the property. The two planning 10 jurisdictions are specifically focused on the small portion of 11 land between the two R-2 areas. He requested that one Land Use 12 be established and that the required width of the buffer be 13 discussed. 14 15 An unidentified citizen indicated that his property adjoins 16 the Clayton property and requested that the amendments be 17 adopted. 18 19 ALLEN ADDISON spoke in support of the adoption of these 20 amendments. 21 22 END OF PUBLIC COMMENT 23 24 25 A motion was made by Commissioner Halkiotis, seconded by 26 Commissioner Willhoit, to refer these items to the Planning Board 27 to be returned to the Board of Commissioners no sooner than . 28 January 17, 1995. 29 VOTE: UNANIMOUS 30 31 3. OTHER ZONING ORDINANCE TEXT AMENDMENTS 32 a. Article 4.1 - Establishment of Use Regulations 33 (Telephone/Fiber Optic Equipment) 34 This item was presented by Mary Willis, to receive 35 citizen comment on a proposed amendment to the Zoning Ordinance 36 which would reduce restrictions related to the placement of 37 cabinetized telephone equipment. 38 39 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS OR 40 PLANNING BOARD 41 None 42 43 QUESTIONS AND/OR COMMENTS FROM CITIZENS 44 None 45 46 END OF PUBLIC CO24MENT 47 48 A motion was made by Commissioner Halkiotis, seconded by 49 Commissioner Willhoit, to refer these items to the Planning Board 50 to be returned to the Board of Commissioners no sooner than 51 January 17, 1995. 52 - VOTE: Unanimous DRAFT 12/19/94 PLANNING BOARD MINUTES The proposed amendment was initiated by a citizen after inquiring into possibilities for creating a cluster subdivision on two existing lots in the University Lake Watershed. There were no citizen comments when the amendment was presented for public hearing on November 30, 1994 . The Planning Staff recommends approval of the proposed amendment. Brown asked why this applies only to University Lake Watershed. Collins responded this was the only watershed with a basic five-acre minimum lot size requirement. Brown asked the reason for not dealing with all of the watershed overlay amendments at the same time. Collins responded that this is a minor technical amendment. The County Attorney had questions following the public hearing about the need for some more precise standards on some of the other amendments and he is continuing to work with Mary Willis on the legal wording of those amendments. MOTION: Burklin moved approval of the recommendation as presented by the Planning Staff. Seconded by Hoecke. VOTE: Unanimous. b. I-40/Old N.C. 86 Economic Development District ( 1) CP-5-94 I-40/Old N.C. 86 Economic Development District (Comprehensive Plan Amendment) (2) Z-5-94 I-40/Old N.C. 86 Economic Development District (Zoning Atlas Amendment) (3) Article 6.29.3 - Economic Development Districts Design Manual (Zoning Ordinance Text Amendments) Presentation by Marvin Collins. The abstract information is an attachment to these minutes on pages c. Other Zoning Ordinance Text Amendments ( 1) Article 4. 1 - Establishment of Use Regulations (Telephone/fiber optic equipment) Presentation by Marvin Collins. 8 This item is to consider a proposed amendment to the Zoning Ordinance which would reduce restrictions related to the placement of cabinetized telephone equipment. The Zoning Ordinance lists uses allowed by right in all districts. A number of those uses are related to the distribution of utility services. Some also require compliance with certain design standards such as those pertaining to screening and lot size. Planning Staff has been contacted by Mebtel concerning requirements for certain telephone equipment. The equipment in questions is cabinetized, or containerized, telephone or fiber optic equipment placed on a concrete pad to provide local distribution of service. Currently, such equipment is required to be located within a 5,000 square-foot easement. Due to advances in technology, the equipment can be contained in a smaller area. The equipment addressed by this amendment is contained within a 3 1/2-foot wide by 7-foot long cabinet. The proposed amendment would allow the equipment by right with no additional restrictions. It would also allow the setback of such equipment to be reduced to 20 feet in the AR, R1, and RB districts if the equipment is screened from view by landscape material. No comments were received at the public hearing on November 30, 1994 . The Planning Staff recommends approval of the proposed amendment. MOTION: Burklin moved approval as recommended by the Planning Staff. Seconded by Walters. VOTE: Unanimous.