HomeMy WebLinkAboutAgenda - 11-30-94 - C-3 (a) ORANGE COUNTY
BOARD OF COMMISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: November 30, 1994
Action Agenda
Item # c 3 (a)
SUBJECT: PROPOSED ZONING ORDINANCE AMENDMENT
Article 4.1 - Establishment of Use Regulations (uses permitted by right)
DEPARTMENT: PLANNING PUBLIC HEARING X Yes No
ATTACHMENT(S): INFORMATION CONTACT:
Mary Willis
Proposed amendment Extension 2583
TELEPHONE NUMBERS:
Hillsborough-732-8181
Durham -688-7331
Mebane -227-2031
Chapel Hill-967-9251
PURPOSE: To receive citizen comment on 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 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 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.
RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's
recommendation be presented to the Planning Board within 30 days of
receipt of an application. However, Article 20.4 exempts any application for
amendments to the Zoning Ordinance by either the public or the County
from the provisions of Article 20.3. In either case, though, the public
hearing is the time scheduled for presentation of the Zoning Officer's
Recommendation.
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ZONING OFFICER RECOMMENDATION
Provided that the Planning Board and Board of Commissioners find in the
affirmative, the Zoning Officer recommends approval of the proposed text
amendment.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the proposed amendment be referred
to the Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than January 17, 1995.
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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 50'). 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.
66
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.-3: 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. 5: Off street parking as a required accessory use to a permitted
use.
7. & Public and private streets and roads. Railroad rights of way.
8. 7: Water and sanitary sewer lines, gas and liquid fuel distribution
lines.
9. & Telephone exchanges (without business offices), subscriber loop
huts, pressure regulator stations,water and sanitary sewer
pumping stations. (See Article 6.16.12).
10. 9: 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.
6
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
65
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.
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ORDINANCE REVIEW SUBCOIVIlVIITTEE: October 10, 1994
PLANNING BOARD REVIEW:
BOCC REVIEW:
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Town
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Sine 1754
November 29, 1994
Orange County Board of Commissioners
P.O.Box 8181
Hillsborough, NC 27278
Dear Commissioners Carey, Gordon, Halkiotis, Insko, and Willhoit,
At the November 21 Town Board meeting, we discussed the details of the proposed Economic Development
District to be located at the intersection of Old NC 86 and Interstate 40.
Our board strongly recommends that the Orange County Board of Commissioners approve the rezoning of
the proposed Economic Development District and the Design Manual with the stipulation that development
is allowed to extend public water and sewer within the entirety of the EDD, including the area south of
Interstate 40. This extension should be allowed without a time limit or build out requirement.
This recommendation was made by Commissioner Evelyn Lloyd and seconded by Commissioner Catherine
Martin and passed by a unanimous vote.
At such time as the Orange County Board of Commissioners approves the EDD as stipulated, the Town will
begin implementing the same zoning and design manual to the area of the node which is in Hillsborough's
Extraterritorial Jurisdiction. At that time we will also be happy to begin discussions with the Orange County
Board of Commissioners about other cooperative planning issues. As discussed at our joint meeting, this
might include cooperative planning with a small area planning focus.
We look forward to positive action from the County Commissioners on this item. If there are any questions,
please feel free to contact any one of us.
Sincerely,
Hillsborough Board of Commissioners
Horace H. Johnson, Sr., Mayor
Evelyn P. Lloyd, Mayor Pro Tern
Allen A. Lloyd
Catherine S. Martin
Richard O. Simpson
Remus J. Smith, Jr.
cc: John Link, Orange County Manager
Bill Crowther, Commissioner-elect
101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
919-732-2104 • Fax: 919-644-2390
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