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HomeMy WebLinkAboutOCPB agenda 040418ORANGE COUNTY PLANNING DEPARTMENT 131 W.MARGARETLANE,SUITE201 HILLSBOROUGH,NORTHCAROLINA27278 AGENDA ORANGE COUNTY PLANNING BOARD Please Note Location Change for this Meeting!! RICHARD WHITTED MEETING FACILITY 300WEST TRYON STREET HILLSBOROUGH,NORTH CAROLINA 27278 Wednesday,April 4, 2018 RegularMeeting – ~7:15pm (Meeting will begin after the first discussion item on the ORC agenda is concluded) No.Page(s)Agenda Item 1.CALL TO ORDER 2. 3– 4 INFORMATIONAL ITEMS a.Planning Calendar for Apriland May 3. 5– 5 6– 9 APPROVAL OF MINUTES March 7, 2018 Training Session Notes March 7, 2018Regular Meeting 4.CONSIDERATION OF ADDITIONS TO AGENDA 5.PUBLIC CHARGE Introduction to the Public Charge The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land development laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in a manner which considers the present and future needs of its residentsand businesses through efficient and responsive process that contributes to and promotes the health, safety, and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive governance and quality public services during our deliberations, decisions, and recommendations. Public Charge The Planning Board pledges to the residentsof Orange County its respect. The Board asks its residentsto conduct themselves in a respectful, courteous manner, both with the Board and with fellow residents. At any time, should any member of the Board or any residentfail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 6.CHAIR COMMENTS 1 No.Page(s)Agenda Item 7. 10– 25 UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS –FLAGPOLE AND FLAG REGULATIONS -To make a recommendation to the BOCC on government-initiated amendments to the text of the UDO that will add regulations pertaining to flagpoles and flags.This item is scheduled for public hearing on May 1, 2018. Presenter:Michael Harvey, Current Planning Supervisor 8.ADJOURNMENT (Reconvene ORC) IF AN EMERGENCY OCCURS,OR IF YOU ARE RUNNING LATE FOR THE MEETING,PLEASE LEAVE A VOICEMAIL FOR PERDITA HOLTZ (919-245-2578). 2 < March April 2018 May> Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Regular BOCC Meeting 7:00 pm Whitted Building Planning Board/ORC Meeting 7:00pm* (Training Session 6:00pm) Whitted Room 230 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Board of Adjustment Meeting 7:30pm WCOB 004 Regular BOCC Meeting 7:00 pm Southern Human Services OUTBoard meeting 6:30 pm WCOB 004 22 23 24 25 26 27 28 BOCC Joint Meeting with School Boards 7:00 PM Southern Human Services BOCC Work Session 7:00PM Whitted Building 29 30 Notes: * Planning Board Member Attendance Required or Expected WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough) 3 < April May 2018 June> Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Regular BOCC Meeting 7:00 pm Whitted Building Planning Board Meeting 7:00 pm* (Training Session 6:00pm) WCOB 004 BOCC Work Session 7:00pm Southern Human Services 6 7 8 9 10 11 12 BOCC Budget Public Hearing 7:00pm Whitted Building 13 14 15 16 17 18 19 Regular BOCC Meeting 7:00 pm Southern Human Services OUTBoard meeting @ 6:30 pm WCOB 004 BOCC Budget Public Hearing 7:00pm Southern Human Services 20 21 22 23 24 25 26 BOCC Budget Work Session 7:00 pm Whitted Building 27 28 29 30 31 BOCC Budget Work Session 7:00pm Southern Human Services Notes: * Planning Board Member Attendance Required or Expected WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough) 4 SUMMARY NOTES1 ORANGE COUNTY PLANNING BOARD2 MARCH 7,20183 TRAINING SESSION4 5 NOTE: A quorum is not required for Planning Board Training Sessions. 6 7 MEMBERS PRESENT:Kim Piracci, At-Large;Adam Beeman, Cedar Grove Township Representative; Alexander Gregory, 8 Chapel Hill Township Representative; Hunter Spitzer, At-Large, Hillsborough Township;Randy Marshall(Vice-Chair), At Large 9 Bingham Township;10 11 MEMBERS LATE (PAST 6:30):Paul Guthrie, At-Large Chapel Hill Township;David Blankfard, Hillsborough Township 12 Representative;13 14 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative;Lydia Wegman (Chair), At-Large Chapel Hill Township 15 Representative;Buddy Hartley, Little River Township Representative;Patricia Roberts, Cheeks Township Representative;16 Tony Blake,Bingham Township Representative;17 18 19 STAFF PRESENT:Perdita Holtz, Planning Systems Supervisor20 21 22 AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION –Staff will lead training in various planningtopics using on-line 23 videos produced by the UNC School of Government and augmented as necessary by staff-produced 24 materials. This will be a monthly training session for several months;beginning in January 2018 and 25 ending after all of the video modules have been completed.26 PRESENTER:Perdita Holtz, Planning Systems Coordinator27 28 29 Perdita Holtz conducted a training session on various aspects of planning.30 31 Meeting was adjourned by consensus. 32 5 Minutes1 Orange County Planning Board2 March 7, 20183 Regular Meeting4 5 6 MEMBERS PRESENT: Tony Blake, Bingham Township Representative;Patricia Roberts, Cheeks Township 7 Representative; Paul Guthrie, At-Large Chapel Hill Township; Kim Piracci, At-Large; Township; Alexander Gregory, 8 Chapel Hill Township Representative; David Blankfard, Hillsborough Township Representative; Randy Marshall9 (Vice-Chair), At-Large; Adam Beeman, Cedar Grove Township; Hunter Spitzer, At-Large;Buddy Hartley, Little River 10 Township Representative;Laura Nicholson, Eno Township Representative;11 12 MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative;13 14 STAFF PRESENT:Craig Benedict, Planning Director; Michael Harvey, CurrentPlanning Supervisor;Patrick Mallett, 15 Planner II; Meredith Kern, Administrative Assistant; 16 17 OTHERS PRESENT: Warren Mitchell; Wesley Boyd; Peter Bellantoni; Danny Jones; Rebecca Ryan18 19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL20 21 Vice Chair Randy Marshallcalled the meeting to orderat 7:00 p.m. 22 23 AGENDA ITEM 2: INFORMATIONAL ITEMS24 a.Planning Calendar for March and April25 26 AGENDA ITEM 3: APPROVAL OF MINUTES27 February 7, 2018,Training Session Notes28 February 7, 2018,Regular Meeting Notes29 30 MOTION by AlexanderGregoryto approve theFebruary 7, 2018,Regular Meeting Minutes. Seconded by David 31 Blankfard.32 VOTE:Unanimous33 34 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA35 36 Michael Harvey informed the board that he will have an addition to the agenda which will be reviewed at the end. 37 38 AGENDA ITEM 5: PUBLIC CHARGE39 40 Introduction to the Public Charge41 The Board of County Commissioners, under the authority of North Carolina General Statute, 42 appoints the Orange County Planning Board (OCPB) to uphold the written land development laws 43 of the County. The general purpose of OCPB is to guide and accomplish coordinated and 44 harmonious development. OCPB shall do so in a manner, which considers the present and future 45 needs of its citizens and businesses through efficient and responsive process that contributes to 46 and promotes the health, safety, and welfare of the overall County. The OCPB will make every 47 effort to uphold a vision of responsive governance and quality public services during our 48 deliberations, decisions, and recommendations.49 50 51 Public Charge52 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 53 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 54 fellow citizens. At any time, should anymember of the Board or any citizen fail to observe this 55 6 public charge, the Chair will ask the offending member to leave the meeting until that individual 56 regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until57 such time that a genuine commitment to this public charge is observed.58 59 AGENDA ITEM 6: CHAIR COMMENTS60 There were no comments. 61 62 AGENDA ITEM 7: MAJOR SUBDIVISION –MORGAN RIDGE -To review an application involving a major subdivision 63 located in Bingham Township on the Chatham/Orange county line. The only activity within Orange County is 64 dedication of public right of way for a public road.65 PRESENTER:Patrick Mallett,Planner II. 66 67 Patrick Mallett presented the item, which involved 0.65 acres. He reviewed the vicinity map, plan overview, and site 68 photographs. The subdivision includes 16 lots, all within Chatham County.The average lot size isclose to 3 acres. 69 He reviewed there is an old barn on the property that will be dismantled. This item is scheduled to go before the 70 Orange County Board of Commissioners next month and the Chatham County Board of Commissioners the following71 month.72 73 Paul Guthrie said hegrew up near this property and has reviewed the topography.He wonderedwhether the74 developers thought there would be any problem getting well water in that location. He wondered whether there is 75 going to be a problem maintaining stream flow into Lake Jordan by the time the developersdraw down the wells. He 76 acknowledged that his questions were outside the purview of this board for this development.77 78 Patrick Mallett noted Orange County does not have jurisdiction over those aspects of the project. As a general 79 statement, he added that Chatham County has a similar process of approving subdivisions and similar permits. He 80 noted WarrenMitchellis the site civil engineer and the developer. 81 82 Warren Mitchell, project engineer and one of the developers, introduced himself to the board and introduced Wesley 83 Lloyd, sitting in the audience with him, asthe other developer on the project. Warren Mitchell said the streams have 84 been evaluated by the Army Core ofEngineers. Regarding the wells, others nearby have not had a problem getting 85 water from their wells.He did not anticipate a problem. 86 87 MOTION by Adam Beemanmoved to recommend that the Orange County Board of Commissioners approve the 88 dedication of the public right of way and continuation of that public road, provided that Chatham County approves.89 Seconded by Paul Guthrie.90 VOTE:Unanimous91 92 AGENDA ITEM 8:MAJORSUBDIVISION–TRIPLECROWNFARMS-To review an application involving revisions to 93 an approved major subdivision located in Chapel Hill Township. Revisions include a change in the road standards 94 from public to private.95 PRESENTER:Patrick Mallett, Planner II.96 97 Patrick Mallett reviewed that Triple Crown Estates is located to the north and is a separate development. He 98 indicated the location of thisdevelopmenton the vicinity map, as well as the location of the planned Triple Crown 99 Farms. Hereviewed that Triple Crown Farms is a major subdivisionthat wasapproved in 2014. He shared the 100 preliminary plat and noted there are now 19 lots instead of 20. The developer ran into a problem with building to 101 NCDOT standards. To comply with 401 and 404 permitting, the developer tried to minimize disturbance along 102 streams by building a paved metal arc roadway that spans the creek. It will be 18 feet wide instead of the planned 20 103 feet. It will not meet NCDOT standards, so the developer is proposing to make it a private road.The layout and open 104 space of the subdivision has not changed. Patrick Mallett reviewed the plan overview and shared site photographs. 105 He reviewed the staff recommendation to approve the roadway with conditions that the developersubmit and record 106 a road maintenance agreement, a disclosure statement, and evidence that sufficient access to off-site water and fire 107 suppression devices have been obtained.He notedthe project engineer has submitted draft copies of these 108 requirements.109 110 7 111 Peter Bellantoni, an engineerwith Pennoni, answered questions about the culvert. Hesaid the road itself is 112 constructed to NCDOT standardsbut the keystone blocksdid not meet the standards for state roadways. The 113 construction and design of those meet industry standards but NCDOT requires they be reinforced concretewhich are 114 notaesthetically pleasing and are significantlymore expensive. Also, NCDOT staff wanted the developers to grade 115 an area off the traffic circle and the developers chose to instead install a retaining wall becausethat area was already 116 someone’s backyard with a swimming pool. The roads have same pavement width and stone depth as NCDOT 117 requires.It also bears the amount of weight that NCDOT requires. 118 119 Rebecca Ryan, a member of the audience, said she is concerned about water quality with lawns that require fertilizer 120 and she is concerned that this development is not appropriate in the rural buffer.Patrick Mallett told her that is a 121 completely separatediscussion.Also, this subdivision is already approved. The discussion this evening was only 122 about allowingthe road to be private.123 124 Kim Piracciasked if any lots are sold and whether the homeowners would understand the financial responsibility of 125 this road falls to them and whether the homeowners association would collect feeds to pay for the maintenance of 126 this road. 127 128 Michael Harvey said Orange County requires a meeting when a homeowners associationtakes over so that 129 homeownersare fully aware. 130 131 Board members asked how much money would be put away. That was not answered.132 133 Alexander Gregory asked what could happen to the bridge. Bellantoni said the lifespan of the bridge is 75 years. If 134 the homeownersmaintain and seal the road, it will last. 135 136 Kim Piracci and David Blankfard are concerned that the cost will be surprisingly astronomical to the homeowners. 137 Bellantoni said he doesn't know what the cost will be but it will be collected and grow over time. 138 139 Patrick Mallett said there will be costs for resurfacing, paving and street trees in addition to the bridge maintenance.140 141 Randy Marshall said the distinction is no taxpayer money will go into repairing the bridge. It is up to the homeowners 142 to make sure they can handle paying for this.143 144 Tony Blakeaskedwho is responsibleif logs or debris block the huge culvert. Bellantoni answered thehomeowners 145 association would be responsible. 146 147 Hunter Spitzer asked about the school boundary. Peter Bellantoni answered thatfour lots will be in the Orange 148 County Schools district and the rest will be in the Chapel Hill-Carrboro City Schools district. 149 150 Hunter Spitzer asked Peter Bellantoni whether the developer knowingly used material for the keystonesthat would 151 not meet NCDOT standards. Peter Bellantoni answeredother regions around the state have used the same materials 152 and those materials werethe most economical that the developercould use.153 154 MOTION by Kim Piracci to accept the recommendation to have these roads changed from public to private with the 155 conditions recommended by staff. Seconded by Adam Beeman.156 VOTE:10 in favor -1 opposed (Hunter Spitzer)157 158 ADDED AGENDA ITEM –FLAG REGULATIONS159 Michael Harvey said passed out draft language that was under internal review.He explained that flagsare not 160 regulated by Orange County; however, planning staffislooking at tweaking the countyordinance to establish size 161 standards for flags erected in Orange County.162 163 David Blankfard askedwho is reviewingthis draft.Michael Harvey answered planning staff, the county attorney, and 164 the county manager. 165 8 166 Planning Director Craig Benedict said the Board of Commissioners had asked a month ago for the attorney's office to167 research whatwould be involved in a flag or flagpole ordinance. Planning staff planned to present an outline to the 168 Board of Commissioners March 20. 169 170 Michael Harvey reminded the Planning Board that froma legal standpoint, staff and the boardsare not concerned 171 with the message on the flag.172 173 Paul Guthrie suggested the composition material for the flagpolecould be regulated.174 175 DavidBlankfard noted many jurisdictions setarchitectural standards.176 177 Michael Harvey reviewed the two draft options. 178 179 Paul Guthrie suggested requiring owners of larger flagpolesto maintainliability insurance.180 181 Craig Benedict notedin Option 1, flagpoles could not be larger than50 feetpole and have to be set back 50 feet so 182 that the pole would land on the property if it were to fall. 183 184 Paul Guthrie said there are options that would fall under public safety.185 186 Kim Piracci asked Michael Harveywho had asked him to prepare this draft amendment. Craig Benedict answered 187 thathe did because commissioners had asked the attorney's office to look into what regulations couldlook like. So,188 he and the attorney had discussed options.189 190 Michael Harvey welcomed feedback this evening or in an email. 191 192 Laura Nicholson said Option 2, which limits the height of a flagpole to 54 feet and the flag size to 96 square feet,is193 easier for a homeowner to read and understand.194 195 David Blankfard suggesteda structural analysisand wind study could be required for a largeflag and pole structure. 196 197 Hunter Spitzer asked how many flagpoles in the county now would become nonconforming with the amendment. 198 MichaelHarvey answered that he does not know.199 200 Marshall asked for any other questions or comments.201 202 Kim Piracci asked for the status of largeflagpoleto be erectedon U.S. 70in Orange County.Michael Harvey 203 answeredplanning staff made a determination 3 or 4 weeks ago that it could be erected and issued a permit. 204 205 AGENDA ITEM 9:ADJOURNMENT206 207 The meeting was adjourned by consensusat 8:36 p.m.208 ____________________________________209 Lydia N. Wegman, Chair210 211 9 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date:April 4, 2018 Action Agenda Item No.7 SUBJECT:UDO Text AmendmentsRegulating Flagpoles and Flags DEPARTMENT:Planning and Inspections/ County Attorney ATTACHMENT(S):INFORMATION CONTACT: 1.UDO Amendment Outline Form 2018- 07 – Adoption of Regulations Associated with Flags. 2.Statement of Consistency. 3.Proposed UDO Text Amendment. Craig Benedict, Director, (919) 245-2575 John Roberts, County Attorney (919) 245-2318 PURPOSE:To review and make a recommendation on a Planning Director/County’s Attorney OfficeinitiatedUnified Development Ordinance (UDO)text amendment clarifying regulations associated with flags and flagpoles. BACKGROUND:Concerns have been expressed over the lack of clear and comprehensive regulation(s) ensuring the display of a flag does not dominate local skylines. Staff has been directed to clarify existing regulations ensuring the overall allowable height of a flagpole as well as standards governing allowable flag area are properly articulated. The County’s Attorney office has provided staff with recommended language. The proposed amendment(s) are designed to specify the height, location, and number of flagpoles, as well as the allowable size of flags, that can be displayed on a given parcel of property. Please note the proposed regulation does not attempt to establish content standards. Such regulations are inconsistent with numerous court proceedings includingthe US Supreme Court Case Reed versus Town of Gilbert. The County cannot regulate the content of a flag.It can, however, establish content neutral regulations designed to address size, height, and locationat which a flag is displayed. For more information please refer to Attachment(s) 1, 2 and 3. FINANCIAL IMPACT:Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement for the text amendment will be paid from FY2017-18Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process theseamendments. 10 PLANNING DIRECTOR/COUNTY ATTORNEY RECOMMENDATION: The Planning Director and County Attorney recommend approval of the Statement of Consistency, as contained in Attachment 2, and the Text Amendment, as contained within Attachment 3. RECOMMENDATION(S): The Planning Director recommends the Planning Board: 1.Review the proposed amendmentsto the UDO, 2.Deliberate on the proposal as desired, 3.Consider the Planning Director’s and County’s Attorney recommendation(s), and 4.Make a recommendation to the BOCC on: a. The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment 2), and b.Proposed UDO Text Amendment(s) (Attachment 3). in time for the May 1, 2018Public Hearing. 11 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2018-07 UDO text amendment to establish height and size regulations for flagpoles and flags. A. AMENDMENT TYPE Map Amendments Future Land UseMap: From: To: Zoning Map: From: To: Other: Text Amendments Comprehensive Plan Text: Section(s): UDO Text: UDO GeneralText Changes UDO Development Standards UDO Development Approval Processes Section(s):x Section 6.12. Signs;and x Article 10 Definitions Other: B. RATIONALE 1.Purpose/Mission In accordancewith the provisions of Section 2.8 Zoning Atlas and Unified Attachment 1 12 Development Ordinance Amendments of the UDO, the Planning Director has initiated text amendments to the UDO to incorporatestandards governing the height, number, and location of flagpoles as well as the size of flags. The purpose of the amendment is to ensure uniformity with respect to the display of flags and the allowable height of flagpoleswithin Orange County. 2.Analysis As required under Section 2.8.5 of the UDO, 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’. There are currently no regulatory standardsgoverning the height of a flagpoleor size of flagsflown/displayedwithin the county.Concerns have been expressed over the lack of regulation(s) ensuring the display of a flag does not dominate local skylines. Staff has been directed to establish regulations governing the overall allowable height of a flagpoleas well as standards governing allowable flag area. The proposed regulation does not attemptto establish content standards. Such regulations are inconsistent with numerous court proceedings including the US Supreme Court Case Reed versus Town of Gilbert.For more information on the case and its potential impacts please refer to the following: http://canons.sog.unc.edu/?p=8167. Theproposed regulation is to ensure uniformity with respect to the size and number of flags that can be displayed on property as well as a measurable standard onthe height of any erected flagpole. 3.Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 4.New Statutes and Rules Not applicable C. PROCESS a.TIMEFRAME/MILESTONES/DEADLINES a.BOCC Authorization to Proceed March 20, 2018 b.Public Hearing 13 May 1, 2018 c. BOCC Updates/Checkpoints April 4, 2018 –Planning Board Ordinance Review Committee (ORC) meeting (BOCC receives agenda materials) April 4, 2018 – Planning Board Recommendation (BOCC receives agenda materials)NOTE: if ORC does not have any substantial comments, then a vote on a recommendation could occur on the regular agenda that evening. d.Development Advisory Committee (DAC) e.Legal Sufficiency Determination f.Other b.PUBLIC INVOLVEMENT PROGRAM Mission/Scope:Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a.Planning Board Review: April 4, 2018 –Planning Board Ordinance Review Committee (ORC) meeting. April 4, 2018 –Planning Board Recommendation. b.Advisory Boards: Not applicable c. Local Government Review: Not applicable d. Notice Requirements Legal advertisement for the public hearing shall be in accordance with the provisions of the UDO. e.Outreach: c.FISCAL IMPACT Consideration and approval will not create the need for additional funding for the April 5, 2018 Pending Not Applicable General Public: Small Area Plan Workgroup: Other: 14 provision of County services. Costs for the required legal advertisement willbe paid from FY2017-18 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 The amendment will establish regulations governing the height of flagpoles for residential and non-residential land uses as well as a maximum allowable display area for flags displayed on property. E. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment 3. PrimaryStaff Contact: Craig Benedict Planning Director (919) 245-2592 cbenedict@orangecountync.gov 15 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCETEXTAMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendmentto the Unified Development Ordinance (UDO) to clarifyregulations governing the height, location, and number of flagpoles as well as the overall size of flags that can be erected/displayed on property within the County’s planning jurisdiction. The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent withthe adopted 2030 Comprehensive Plan. 1.The amendment is consistent with applicable plans becauseit supports the following 2030 Comprehensive Plan goals and objectives: x Land Use Goal 6 – A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by clarifying applicable standards governing the erection of flagpoles and display of flags, specifically the maximum height of a flagpole, where flagpoles can be located on property, and the allowable size of a flag. These amendments assist in ensuringa review process that is more efficient, accessible, and responsive to County residentsseeking to erect flagpoles and display flags. c. The amendment is reasonable and in the public interest because it: 1.Ensures legal sufficiency by eliminating contradictory regulations and guidelines. These amendments ensureuniformity by eliminating potentially contradictory language associated with the erection of flagpoles and the allowable size of flags. 2.Ensures legal sufficiency by eliminating language that could be perceived as regulating the content of a flag. The proposed regulations are content neutral and will not impact the exercise of free expression by County residentswith respect to the displayof a flag. Attachment 2 16 ThePlanning Boardof Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed UDO text amendment. ______________________ ________________________ Randy Marshall,Vice-Chair Date 17 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-74 Figure 6.12.4: Sign Size Measurement All three of these signs would have the same size sign face, as measured by the smallest rectangle encompassing the outer limits 6.12.5 Exempt Signs The following permitted signs are considered exempt and do not require the issuance of a Zoning Compliance Permit: (A) Signs erected by a governmental agency to regulate, control, or direct vehicular or pedestrian traffic; (B) Legal notices, warnings, regulatory or informational signs erected by a public agency; (C) Signs required by law; (D) “No trespassing” signs, not exceeding six square feet in area; (E) Real estate signs, not exceeding four square feet in area; (F) Flags, emblems or insignia of any national, state or political subdivision; (G)(F) Property number signs not exceeding two square foot in area and bearing only address numbers of premises or other identification of premises not having commercial connotations; (H)(G) Holiday decorations in season that do not contain or display a commercial message; (I)(H) Signs on trash receptacles, indicating the owner or party responsible for maintenance; (J)(I) Hazardous chemical identification/notification signs on residential and non-residential structures; (K)(J) Signs on newspaper boxes; (L)(K) Private drive signs, one per drive entrance, not exceeding two square feet in area, with the message content limited to the words "Private Drive" and the address of any residences utilizing the private roadway; (M)(L) Security and warning signs posted on private property warning the public against trespassing, or similar messages, provided that any such sign does not exceed two square feet in area; and (N)(M) Political Signs, in accordance with the following standards: (1) Political Signs are allowed in all zoning districts. (2) A Zoning Compliance Permit shall not be required to allow for the placement of a political sign on private property. (3) There shall be no limit to the number of political signs that can be placed on private property so long as the placement of these signs complies with the provisions of this Ordinance and the signs do not create a public safety hazard. (4) Within residential zoning districts, political signs shall not exceed nine square feet in area or four feet in height. 18Attachment3 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-79 6.12.12 Signs Permitted in Specific Zoning Districts The following signs shall be permitted in the zoning districts indicated, in accordance with all other provisions of this Section and specific standards for each sign established herein: (A) Flags All flags shall comply with the following provisions, except for those in cemeteries which are regulated by Section 6.12.13(C). (1) In residential zoning districts (RB, AR, R1, R2, R3, R4, R5, R8, and R13), up to three flags and one flagpole per lot shall be allowed. Each flag shall be a maximum of twenty four (24) square feet in area. The flagpole shall be a maximum of twenty four (24) feet in height or no higher than the highest point of the principal building’s roof, whichever is lower. Flagpoles shall be setback at least fifty (50) feet from all property lines. (2) In all other zoning districts, up to three flags and three flagpoles shall be allowed. Each flag shall be a maximum of ninety six (96) square feet in area. Each flagpole shall be a maximum of fifty four (54) feet in height or no higher than the highest point of the principal building’s roof, whichever is lower. Flagpoles shall be setback at least fifty (50) feet from all property lines. (3) Flags lawfully in existence on the date this provision was first advertised, which do not conform to the provisions of this Unified Development Ordinance, but which were in compliance with the applicable regulations at the time they were constructed, erected, affixed or maintained must be regarded as nonconforming. (a) For the purpose of amortization, nonconforming flags may be continued from the effective date of this subsection for a period not to exceed one year. (b) Flags which were unlawful under the prior versions, and which do not conform to the current ordinance, must be removed immediately. (c) Any flag or flagpole which is altered, relocated, or replaced, must be immediately brought into compliance with all provisions of this code. (4) Depictions of flags, when placed on structures, shall comply with the remaining provisions of this Section. (A)(B) On-Premise Commercial Signs (1) These signs shall comply with all state and county building codes and the National Electric Code. Clearance of signs is required from high voltage power lines and signs shall be located in such a way that they will maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code specifications, provided that no sign shall be installed closer than ten feet horizontally or vertically from any conductor or public utility guy wire. (2) On-premise commercial signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, MHP-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning districts. (3) All on-premise commercial signs shall be setback ten feet from the front, side, and rear property lines or the edge of any existing or projected street right-of-way line whichever is greater. In cases where a property abuts a residential zoned parcel of property, the side or rear yard setback requirement shall be doubled. (4) Number of Signs Permitted 19 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-80 (a) One on-premise commercial sign shall be permitted per parcel. However, one additional on-premise commercial sign may be permitted for parcels with frontage on more than one right-of-way in accordance with the provisions of this Section. (b) Under no circumstances shall more than one three-dimensional sign be permitted on-site. (c) For multi-tenant buildings and/or sites permitted as a conditional use or conditional zoning district, additional on-premise commercial signs or sign area may be permitted by the Board of County Commissioners. (5) Height of Signs (a) Pole signs shall be limited to a height of 24 feet with a mandatory ground clearance of eight feet from the normal or finished grade elevation of the property at the base of the sign (b) Ground signs shall not exceed six feet in height from the normal or finished grade elevation of the property at the base of the sign (6) The allowable area for on-premise commercial signs shall be determined as follows: (a) Single or double-faced signs shall not exceed 32 square feet in area, per sign face. For parcels zoned CC-3, GC-4, O/RM, I-1, I-3, AS, EDB-2, EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed 72 square feet in area for parcels that: (i) Are larger than 60,000 square feet in area, and (ii) Have more than 300 linear frontage along a NC Department of Transportation (NC DOT) maintained roadway. (b) Three-dimensional signs shall not exceed a maximum volume of 54 cubic feet with no dimension exceeding six feet. Figure 6.12.12.A.6: Three-Dimensional Sign Allowable Volume NOTE: L x W x H may not exceed 54 cubic feet with no dimension exceeding 6 feet. 20 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-81 (7) An on-premise commercial sign may contain a changeable copy sign as defined in this Ordinance. However, the total sign area, including the area of changeable copy, shall not exceed the maximum allowable area established in Section 6.12.12(A)(6)(a) above. (8) No on-premise commercial sign shall be oriented is such a manner as to be directly visible from a major transportation corridor as established in this Ordinance. (B)(C) Off-Premise Commercial Signs (1) These signs shall comply with all state and county building codes and the National Electric Code. Clearance of signs is required from high voltage power lines and signs shall be located in such a way that they will maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code specifications, provided that no sign shall be installed closer than ten feet horizontally or vertically from any conductor or public utility guy wire. (2) Off-premise commercial signs (billboards) shall be permitted within the GC-4, EC-5, I-1, and I-2 zoning districts. (3) No electric tap outs allowing for an independent light source to receive power shall be allowed. (4) Off-premise commercial signs shall be considered the principal use of property. There shall be no additional principal uses allowed on the same parcel. Off- premise commercial signs shall not be permitted as accessory uses. (5) No off-premise commercial sign shall be located closer than 200 feet to the right- of-way of major thoroughfares (i.e. US 70, NC 86, NC 40, and NC 57) and 600 feet to the right-of-way for all other thoroughfares and streets. (6) The height of an off-premise commercial sign shall not exceed 25 feet from the grade of the right-of-way or surface grade beneath the sign, whichever is less. The clearance of an off-premise sign shall not be less than eight feet from the grade of the right-of-way or surface grade beneath the sign, whichever is less. (7) Off-premise commercial signs shall be limited to 480 square feet of sign area. (8) In no case shall an off-premise commercial sign be located closer than 1,000 feet to an existing off-premise commercial sign. (9) Off-premise commercial signs are prohibited within the Major Transportation Corridor (MTC) overlay district. (10) No person may, for the purpose of increasing or enhancing the visibility of any off-premises commercial sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation in the following locations: (a) Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the North Carolina Department of Transportation; (b) On property that is not under the ownership or control of the person responsible for such work, unless the work is done pursuant to the express authorization of the property owner where the vegetation is located; and, (c) In any area where such vegetation is required to remain under a permit issued in accordance with this Ordinance. (C)(D) Wall Signs (1) Shall either be mounted or painted on a building. 21 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-82 (2) Wall signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning districts. (4) All wall signs shall be offset a minimum of ten feet from the corner of the building on which it is mounted. (5) Wall signs shall not protrude more than 12 inches from the face of building on which it is mounted. (6) Number of Signs Permitted (a) Only one wall sign shall be permitted per building facade. In cases where a building is located on a corner lot, an additional wall sign may be permitted on the building wall facing the second street right-of-way, subject to the requirements of this Ordinance. (b) For multi-tenant buildings permitted as a conditional use or conditional zoning district additional wall signs may be permitted by the Board of County Commissioners. (7) The allowable sign area shall be determined as follows: One square foot of sign area for every foot of building length facing a public right- of-way, not to exceed 32 square feet. For parcels zoned CC-3, GC-4, O/RM, I-2, I-3, AS, EDB-2, EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed 64 square feet in area for parcels that: (a) Are larger than 60,000 square feet in area, and (b) Contain a structure with more than 100 linear feet of building length facing a public right-of-way, and (c) Have more than 300 feet of linear frontage along a NC Department of Transportation (NC DOT) maintained roadway. (8) A changeable copy sign may be utilized as a wall sign. (9) Wall signs shall not extend above the soffit, parapet, or eave line of the building to which it is attached. (D)(E) Projecting Signs (1) Projecting signs shall be mounted on a building. (2) Projecting signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC- 2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning districts. (4) Projecting signs shall adhere to the minimum setback requirements established for all structures within the zoning district in which it is located. (5) Only one projecting signs shall be permitted per building facade even in cases of a building located on a corner lot. (6) The allowable sign area shall be determined as follows: (a) One square foot of sign area for every foot of building length, facing a public right-of-way, not to exceed 32 square feet in area. (7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least ten feet above finished grade. 22 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-83 (8) Projecting signs shall not extend above the soffit, parapet, or eave line of the building to which it is attached. (9) Projecting signs shall not be located at the corner of a building except at right angles to the building façade. (E)(F) Window Signs (1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning districts. (2) Window signs shall be limited to a maximum of 30% of the total window area where the sign is to be located. (3) Window signs may be utilized for advertising specials or sales within the business, or displaying the name and other pertinent business information associated with the principal use. (4) Signs may be etched, painted or otherwise attached to be made a permanent addition to the pane of glass. (F)(G) Awning Signs (1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, O/RM, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1 and all of the Economic Development zoning districts. See Section 6.12.14(E) for additional standards for Awning Signs located in Economic Development Districts. (2) Awning Signs shall be located above the main entrance to a nonresidential land use and shall contain the name of the use. (3) Awning Sign area shall be limited to a maximum of 50% of the total awning area erected over the entrance of a nonresidential land use. Where an awning sign is utilized at a multi-use development, the amount of sign area shall be computed as part of the overall sign area allotted to wall signs, not to exceed 50% of the total awning area. (G)(H) Drive-Through Menu Signs (1) Applicants must establish to the satisfaction of the Planning Director that a drive- through menu sign is considered a customary accessory use to the principal business on the property and is necessary for the normal operations of the commercial operation. (2) Signs shall be limited to 32 square feet in area. (3) No external illumination shall be permitted. (4) A land use that utilizes such a sign shall also be permitted an independent speaker box, no greater than 12 square feet in area with a height no greater that four feet. 6.12.13 Sign Standards for Specific Uses In addition to the requirements contained herein, the following land uses shall adhere to these additional standards: (A) Changeable Copy Signs Utilized by Churches or Public Entities (1) Shall not exceed 32 square feet in area. (2) Bulletin boards/reader boards may be internally illuminated. (B) Service Stations/Gas Station (1) Signs may be erected above gas pumps subject to the following standards: 23 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-84 (a) No internal or external illumination shall be permitted; (b) Signs shall be limited to four square feet in area; and (c) Signs must advertise items for sale on the property. Under no circumstances may a sign advertise a sale, activity, business, or product not associated with the principal use of property. (2) Signs may be erected on the canopy covering gas pumps subject to the following standards: (a) Advertising material shall be limited to trademarks, logos, and the name of the service station or other similar display. (b) Such displays shall be limited to six square feet of area. (C) Cemeteries (1) In addition to flags provided for in section 6.12.12(A), flags no greater than twelve (12) inches in height may be displayed at individual grave sites within a cemetery. (C)(D) Yard Sales/Garage (1) Signs shall be erected on the property where the sale is taking place. (2) Signs shall be limited to four square feet of area. (3) No off-site displays shall be permitted. (4) Signs shall be removed no later than sunset of the day the event occurs. (D)(E) Institutional Uses and Private Parks Located within Residential Zoning Districts (1) One ground and one wall sign shall be permitted; (2) Maximum sign area shall be 32 square feet per sign face; and (3) No ground sign shall exceed six feet in height. (E)(F) Home Occupations (1) The Home Occupation shall have a valid Zoning Compliance Permit issued by Orange County; (2) There shall only be one sign limited to eight square feet in area and four feet in height; (3) Such sign shall not be illuminated by any means; (4) Sign shall not be located within any public street right-of-way, sight visibility triangle, easement, vehicular area or other similar area; and (5) The sign message shall be limited to the business name and telephone number. (F)(G) Parks, Public and Non-profit; Recreational Facilities, Non-Profit; Recreational Facilities, Golf Courses; and Recreational Facilities, Profit (1) Purpose and Intent (a) Unlike signs for non-residential development(s), signs for recreational land uses are intended to serve a different function and purpose. Signs within these types of land uses are intended to provide essential information concerning: (i) Rules and regulations governing the operation of the facility; (ii) Educational information identifying unique aspects of the facility, the property itself, or significant environmental features that are located on the property; and 24 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-43 Sign, Banner A sign, other than a flag, intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for the purposes of this Ordinance. Banner signs are regulated under the Special Event Display section of Section 6.12. Following is an example of a banner sign: Sign, Changeable Copy A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign. This shall also include the changing of copies of billboards. Changeable copy signs, for the purposes of this Ordinance, shall mean signs on which the copy is changed manually. Also referred to as a reader board sign. Example of Changeable Copy Sign: Sign, Construction A sign that gives the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed. 25 ORANGE COUNTY PLANNING DEPARTMENT 131 W.MARGARETLANE,SUITE201 HILLSBOROUGH,NORTHCAROLINA27278 AGENDA ORANGE COUNTY PLANNING BOARD Please Note Location Change for this Meeting!! RICHARD WHITTED MEETING FACILITY 300WEST TRYON STREET HILLSBOROUGH,NORTH CAROLINA 27278 Wednesday, April 4, 2018 Training Session –6:00pm Note:This is a training session for Planning Board members who would like to attend. Attendance is not mandatory and a quorum is not necessary for this training session.Light refreshments will be available for Planning Board members. No.Page(s)Agenda Item 1.CALL TO ORDER 2.PLANNING BOARD TRAINING SESSION –Staff will lead training invarious planning topics using on-line videos produced by the UNC School of Government and augmented as necessary by staff-produced materials. This will be a monthly training session for several months, beginning in January 2018 and ending after all of the video modules have been completed. Presenter:Perdita Holtz, Planning Systems Coordinator 3.ADJOURNMENT