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Agenda - 08-26-2002 - Agenda
ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD JOINT PUBLIC HEARING AGENDA JOINT PUBLIC HEARING August 26, 2002 7:30 P.M. JUDGE F. GORDON BATTLE COURTROOM ORANGE COUNTY COURTHOUSE (new} 10fi E. MARGARET LAN E HILLSBOROUGH, NORTH CAROLINA NOTE: INFORMATION IS AVAILABLE IN THE PLANNING DEPARTMENT OR THE CLERK'S OFFICE NOTICE 70 PEOPLE WITH, IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732-8181 ar 96fi-4501. PAGE # A. OPENING REMARKS FROM THE CHAIR B. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Baard asks its citizens to conduct themselves in a respectful, courteous manner, both with the Baard and with fellow citizens, At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting anti! that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting anti! such time that a genuine commitment to this public charge is observed. C. PUBLIC HEARING ITEMS 001 1 • .Orange County Zoning Ordinance Text Amendments Amend Article 8 (Special Uses), Section 8.8.17a (Telecommunication Towers), of the Zoning Ordinance to incorporate changes in the regulations relating to, and the review process of, applications for telecommunication towers within Orange County's planning jurisdiction. D. NON-PUBLIC HEARING ITEMS 027 1. Carrbara Land Use Ordinance Amendments Discussion of County response to amendments in Article 15 of the Carrboro Land Use Ordinance applicable in the Northern Transition Area. E. ADJOURNMENT THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY i Q t31 ORANGE COUNTY BOARD OF COMMISSIONERS AN D PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 26, 2002 Action Agenda Item Na. C - ~ SUBJECT: Telecommunication Tower Ordinance Amendments DEPARTMENT: Planning and Inspections PUBLIC HEARING: {YIN) YES ATTACHMENT(5}: Proposed Ordinance Amendments --Table of Permitted Uses Amendment Proposed Schedule of Fee Amendment INFORMATION CONTACT: Craig Benedict, Director, Ext. 2592 Tom Ki ng, Planner l1, Ext. 2607 TELEPHONE NUMBI=RS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-733'1 Mebane 336-227-2031 PURPOSE: To receive public comments regarding proposed Telecommunication Tower (Telco)Amendments BACKGROUND: On March fi, 2002 the Board of County Commissioners approved asix-month moratorium on the processing of Special Use Permits relating to Telecommunication Towers. The purpose of the moratorium was to allow staff sufficient time to gather information, prepare amendments and to make a presentation at the August 26, 2002 Quarterly Public Mearing pertaining to updating/revising the existing regulations. As the industry has been rapidly changing, so does the need to keep up to date. The Planning staff met with all interested County Departments, twice, to discuss areas of common interest. EMS and IT,-as well as other functions, have a stake in the telecommunications. Staff held an informational meeting with telecommunication industry representatives an July 31, 2002 to receive their comments and concerns on the proposals. Seven people attended the meeting. Primary concerns were limiting application review to once per year, clarification of `existing structures' definition, drop in tower height, required inspections and fees. On August 12, 2002 staff held a meeting with potential participants in the Master Telecommunication Plan ("Plan"} program to gauge interest in the Plan. Six persons attended the meeting. Farmers participating in the voluntary agricultural district program were particularly interested in additional revenue sources to help offset rising farming expenses and promote sustainability. It was expressed that additional income from land leases to telecommunication providers could be the difference in continuing to farm versus having to sell off parts of the farm to pay rising expenses. G/robert/cell tower amendment! abstract Public Hearing oo~ The Board of Adjustment reviewed the draft ordinance on August 12, 2002. Their primary concern was the restriction of the telecommunication application processing to two meetings per year. The Board felt that applications should be filed and processed on an as needed basis so that the workflow was even rather than point loaded at specifc meetings. Some Board members questioned the need for annual inspections after a tower is has approved and constructed. PROPOSED AMENDMENTS: New Provisions: A) Height and User Amendments 1. Lowers height of Special Use Permit, Class B {less than 4 users) from 200 feet to 150 feet maximum 2. Maintains height of Special Use Permit, Class B {4-user minimum} of less than 200 feet if the tower is designed and reserved for up to four users. Provides incentives and promotes co-location on existing and proposed towers. 3. Require towers greater than 150 feet height {with less than 4 users} to be processed as a Special Use Permit, Class A which is processed through the Planning Board & Board of County Commissioners. B) Yearly Pre-Application Meeting required in January between telecommunication providers and Planning Staff 1. Determines the telecommunication industry's needs in Orange County for the coming year, 2. Will allow staff-and consultant to review industry needs and proposals to determine if co- loration opportunities exist on existing facilities or on proposed new towers. 3. No applications will be accepted during the following year unless the tower was identified and discussed in the annua! pre-application meeting. 4. Ordinance proposes bi-annual processing of telecommunication tower applications a. Board of Adjustment to hear cases in April and October 1. The Board of Adjustment has reviewed a Draft of this ordinance and was concerned that hearing cases only twice yearly could cause a meeting overload if three or more cases were fried at once. b. Board of County Commissioners to hear cases at May and November Quarterly Public Hearings 1. The same potential far numerous proposals at the same meeting will exist. C} Ordinance promotes co-location of antenna(s) on existing buildings, transmission towers, utility poles, and similar structures through lower fees and staff approval. 1. Engineer's approval required prior to staff issuance of any permit for antenna(s). 2. Maximum height of antenna(s) set at twenty- (20}feet. 3. Encourages stealth facilities; justification required if stealth antenna(s) is not proposed. 4. Limits any accessory structures pertaining to either tawer(s} or antenna{s) to 600 square feet per user with a maximum height of 12 feet. D} Ordinance has higher technical standards for tower review at both the Special Use Permit and the building permit application stags 1. As a result of higher technical standards the County will need to contract with a telecommunication consultant for technical expertise regarding telecommunication towers. (Board comments noted this need previously}. G/robertleell tower amendment! abstract Public Hearing 0~ 3 E) Requires periodic inspections and engineer certifications an existing towers 1. Major inspections to be performed by a structural engineer every thirty-six (36) months with a report to be submitted to the inspection department 2. Minor inspection {visual) to be performed yearly by the county consultant ar a properly trained inspection staff member. F} Master Telecommunication Plan ("Plan"} Note; The revised telecammunication ordinance only creates a `place holder' for the eventual adoption of a Master Telecommunication Plan that will plug into the, then revised, approved ordinance. 1. New provision will create the opportunity for the BGCC to consider atwo-phase approval process for towers less than 200 feet in height (The Plan works as follows:) a. Inifiial Plan participants request to be included in the Plan (Public quasi-public and public interest lands may be available to develop an effcient grid system). b. The Planning Staff wiU notify adjoining owners in accordance with ordinance provision and the Plan will proceed to quarterly public hearing, c. Advocates and opponents of the Plan will be afforded the opportunity to speak on behalf of or in opposition to the Plan d. After Planning Board recommendation the BCC will have final approval authority on the Plan. e. If the Plan is adopted, telecommunication providers shall meet the same performance evaluation standards far a building permit as they currently meet in the Board approval process. f. Additions to the Plan will only be considered annually (proposed at the February Public Hearing}. A fee to cover advertisement and administrative processing (legal ad, mailing, etc) is proposed. e. Withdrawal from the Plan can be accomplished by submitting a notarized statement from the owners} that requests that their property be withdrawn from the Plan. G) Special Use Permit standard revisions 1. Set distance requirements between towers a. '/2 mite separation required; no separation requirement in current ordinance 2. increased the search ranges that applicant has to justify in order to place a new tower 3. Requirement of a balloon test with notification requirement to all property owners within county's required notification range H) Fee Schedule Modification 1. New fees are set forth in a separate ordinance attachment included as a part of this packet The Master Telecommunication Plan and the consultant review system will be discussed in the short term to choreograph these strategies with the upcoming review period. FINANCIAL IMPACT: There is na public fiscal impact related to this decision. Consultant casts will be covered, by the applicant fee schedule. Should the Board elect to participate in the Master Telecommunications Plan #here may be substantial revenue opportunities. RECOMMENDATION(S): Administration recommends that the Board refer the G/robert/cell tower amendmend abstract Public Hearing a ~ ~ amendments to the Planning Board for a recommendation to be returned to .the BOCC no sooner than September 20, 2002. Planning Staff recommends approval of the amendments. Glrobertlcell tower amendment/ abstract Public Hearing PUBLIC HEARING ORDINANCE (DRAFT) Bold =New Language 5~~# = Pxisting Language Deleted An Ordinance Amending the caning Ordinance of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the zoning Ordinance is hereby amended as follows: Section 1. (page 14-3}--Specifications for Plan Preparation-Amend Section 14.2.3 by adding the following subsection to read as follows: t. The names of alt property owners adjacent ta, and across the street from, the proposed project shat! be shown on the site plan. Section 2. {page 4-14} Permitted Use Table---Amend P17A to read Telecommunication Towers 1B0 Feet in Height or Shorter Section 3. {page 4-14} Permitted Use Table-Amend to add P17B Telecommunication Towers shorter than 200 feet (4 carriers) Section 4. (page 4-14) Permitted Use Table---Amend P176 to read P17C Telecommunication Towers Greater than 1501=eet in Height Section 5. (page 4-14) Permitted Use Table-Amend P17C to read P17D ~teall;k~ Telecommunication Towers- Stealth (75 feet in Height and Shorter) Section 6. {page 8-3) Amend Section 8.4.1 (Pre-Application Conference) to read as follows: Prior to the application being received as prescribed in Article 8.4.2, the applicant must request apre-application meeting with the Orange County Planning Department. A sketch plan illustrating the location, size and major design elements of the development of the site must be submitted five (5) working days prior to the pre-application meeting. The Planning Department may request that representatives of other public agencies be present at the pre-application meeting. These agencies shall include, but not be limited to, the Orange County Planning Board, the Orange County Recreation Department, the Orange County Health Department, the municipalities of Chapel Hill, Carrbora, Hillsborough and Durham, the North Carolina Department of Transpartatian, and Orange Water and Sewer Authority. a) Pre-Application Conferences Related To Telecommunication Towers New applications for Class A Special Use permits for telecommunication towers will be reviewed twice per year at the Coun#y Commissioners' May and November Public Hearings. Class B Special Use Permits will be reviewed by the Board of Adjustment at their April and October meetings. Prior to the acceptance of any applications for Telecommunication Towers, apre-application site plan shall be submitted to the Zoning Officer on or before January 7"' of each year. The purpose of the pre-application submittal is to ensure compliance with the Master Telecommunication Plan and to altaw for a complete review of co-location opportunities. ~~~ G:\TKinglTower Ord2lCell Tower Ordinance Rev8 ~ ~ RUBLiC NEARING ORQINANCE (DRAFT) Formal applications for the May and November Public Hearings by the County Commissioners, and the April and October meetings of the Board of Adjustment, shall be submitted in accordance with the published yearly calendar of meetings schedule. As of the effective date of this Ordinance amendment, any pending applications that have not received a zoning compliance permit or a special use permit shall meet all requirements of this Ordinance,' including, but not limited to submission deadlines, application standards and processing. Section 7. (Page 6-25d) Amend Section 6.18 to read as follows: 5,18 Telecommunications Facilities The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Accessory Use - A use incidental to, subordinate to, and subservient to the main use of the property. As defined in.this section an accessary use is a secondary use. Antenna - A transmi#ting and/or receiving device used far wireless services, that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-rirectional antennas, such as whips, excluding. radar antennas, amateur radio antennas and satellite earth stations. Building Code -The mast recently adopted or amended edition of the North Carolina State Building Code. Co-location ~- l.acating wireless communication equipment far more than one provider on one structure at one site. Combined Antenna - An antenna or an array of antennas designed and utilized to provide services far more than one {1) carrier. fllA-222 -Electronics Industries Association Standard 222 {Structural Standards for Steel Antenna Towers and Antenna Support Structures). Existing Structure/Building -Far purposes of this Section, any building or structure that is currently existing an a parcel of land. Such structures include, but shall not be limited to, telecommunication towers, overhead transmission tine support structures, silos, churches, schools, and utility poles. Extraordinary Conditions -Conditions subsequent to a hurricane, flood, tornado, or other natural disaster: FAA -The Federal Aviation Administration. FCC -The Federal Communications Commission. Guyed Tower - A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors. G:1`fKing\Tower Grd2lCell Tower Qrdinance RevB PUBLIC HEARING ORDINANCE (DRAFT} Inspections Division -The Orange County. Planning and Inspections Department. Master Telecommunications Plan ("Plan"} - A plan developed for Orange County by the County's Pianning Department that sets forth properties that have received general zoning approval from the County Commissioners far the placement of telecommunication towers less than 200 feet in height provided that all applicable federal, state, and local regulations are met. Microcell Facility - A telecommunications facility consisting of an antenna (as defined above) and related equipment which is Iota#ed either on a telecommunication tower or affixed tv a structure in some fashion for the provision of wireless services. Microwave - Microwave dish antenna: A dish-like antenna used to link wireless service sites together by wireless transmission of voice or data. Monopole Tower - A telecommunication tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires and ground anchors. Panel Antenna - An inconspicuous, relatively flat, square or rectangular antenna designed to be affixed to the wall of a building or structure in order to receive and transmit signals from a telecommunication device. Qualified Shared Facility - A facility that is appropriately designed for sharing antenna space, and grants space on the facility in a fair, reasonable, and non-discriminatory manner. Rovfline -The overall ridge line of the structure, not including cupolas, elevator towers, clack towers or other features. Self~upportlLattice Tower - A tapered structure broad at the base and more narrow at the top consisting of Cross-members and diagonal bracing and without guyed support. Stealth Facility -Any telecvmmunicationsfocility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles or trees. Telecommunications Facility - A combination of equipment which is located either upon a telecommunications tower or a structure which includes some form of antenna for the purpose of transmitting and receiving wireless services. Telecommunications Tower - A guyed, monopole or self-supportllattice tower, constructed as afree-standing structure containing one (1} or mare antennas, used in the provision of wireless services excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television receiving antennas and satellite earth stations installed in accordance with applicable codes. UU~ G:ITtCinglTower Ord21Ce11 Tower Ordinance RevB O ~ ~ PUBL{C HEARING ORDINANCE tDRAFTj Telecarnmunication Tower, Stealth - A telecommunication tower whose primary purpose is,.or visually appears to be, something other than the support of telecommunications equipment, the apparent purpose of the tower is customarily considered as accessory to a use that is allowed in the zoning district, and the structure and its primary use comply with the Orange County Zoning Ordinance. Whip Antenna -- A cylindrical antenna that transmits andlor receives signals in three hundred sixty (360) degrees. 6.18:1 Administrative Approval of Stealth Telecammunicatian Towers New stealth #elecommunication towers up to 78 feet in height, which are sufficiently disguised so as to minimize visual impact, maybe approved administratively by the Planning Staff provided that all of the provisions contained in Article 8.8.17a are met. Anew tower may be considered a stealth telecommunication tower if: the primary purpose of the structure is, ar visually appears to be, something other than the support of telecommunieatians equipment; the apparent purpose is customarily considered as accessary to a use which is allowed in the zoning district; and the structure and its primary use comply with the Grange County Zoning Qrdinance. The placement of telecamrnunicatian equipment on existing structures may be approved administratively provided that the equipment does not extend mare than 2Q feet above the, structure, , is-gFea#e~ and height and setback limitations of the Zoning Ordinance are met. 6.18.2 Telecammunicatians facilities as accessory, uses a) Telecommunications facilities, including monopole and stealth telecommunication towers above 75 feet and microcell facilities shall be permitted as an accessory,use in all districts in accordance with the provisions of this Orciinanc®, or as follows: 1) On property awned by the County ar any public entity except those designated as historic properties ar sites. The County shall authorize the application and use of County property after the applicant executes a lease agreement acceptable to the County. The County shall have na obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. b) Towers as part of existing utility poles shall be permitted as an accessory use. Towers shall be constructed as part of the existing utility poles or as replacements for the existing utility poles. No freestanding towers constructed exclusively for persona! wireless services shall be permitted. c) The placement of a new telecommunication tower to any zoning district must be approved as a Special Use, except as permitted in the Master Telecommunications Plan {"Plan"). d) Existing Towers 1) Telecommunications antennas may be placed on existing tOW@rs. G:1TKinglTower Ord2lCell Tower Ordinance RevB PUBLIC HEARING ORDINANCE (DRAFT) s O O 9 2) Notwithstanding the above.provisions of this Section, towers in existence as of (date of Ordinance adoptiafti ,may be replaced with a tower of equal or less visual impact after approval by the County Planning Director or his/her designee. However, if the proposed new tower would not be consistent with the minimum standards under this Section, replacement must be approved as provided for in this Ordinance. fi.113.3 Antennas not located on telecommunications towers. a) Antenna types. Antennas shall be permitted on existing buildingststructures in accordance with this Ordinance. To minimize adverse visual impacts, stealth antenna types shall be preferred. If anon-stealth antenna is proposed, the application shall be required to demonstrate, in a technical manner acceptable to the Planning Director or his/her designee, why the stealth antenna (i.e. an antenna incorporated into the architecture of the building or fully screened from view from sight proximate to the antenna) cannot be used for the particular application. This does not preclude a combination of the various types of antennas. 1j Antenna dimensions. Antenna dimensions shall be reviewed by the Planning Director orhis/her designee as required by existing technology. A statement shall be submitted, prepared by a professional engineer certified in telecommunication facility design, and competent to evaluate antenna choices, to certify the need for the required dimensions. b) Aircraft hazard. Prior to the issuance of a Building Permit by the Inspections Department, the application shall provide evidence that the telecommunication tower or antennas are in compliance with FAA regulations. Where an antenna wilt not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall nat be required. c) Stealth rooftop or building mounted antennas not exceeding twenty (20) feet above roofline of the building or support structure shall be permitted as an accessory use in all zoning districts. d) Building or rooftop stealth antennas shall be subject to the following minimum standards: 1) No commercial advertising shall be allowed on an antenna; 2) No signals, lights, ar illumination shall be permitted on an antenna, unless required by the FCC or the FAA; 3) Any related unmanned equipment building shall not contain more than six hundred (600) square feet of gross floor area per user or be more than twelve (12) feet in height; G:1TKinglTower Ord2lCell lower Ordinance Rev8 PUBLIC WEARING OCiDINANCE (DRAF'~} a~a 4} If the equipment building is. located on the roof of the building, the area of the equipment building shalt not occupy more than twenty-five (25} percent of the roof area, and shall comply with all State of North Carolina Building Code requirements far the proposed and existing building; and 5) Approval of the Planning Director or his/her designee to ensure consistency with the definition of stealth facility is required. Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. e) Non-stealth rooftop or building mounted antennas shall only be permitted not exceeding twenty (20) feet above the roofline of the subject building or support structure and subject to the procedure and requirements provided elsewhere in this chapter. Building rooftop non-stealth antennas shall be subject to the following minimum standards: 1} Antennas shall only be permitted on buildings or structures which are at least fifty (50) feet tall. Antennas may be placed on buildings less than fifty (50) feet tall if public safety needs warrant the antenna; 2} Antennas, and related equipment buildings, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated; 3} No commercial advertising shall be allowed on an antenna; 4) No signals, lights, or illumination shall be permitted on an antenna, unless required by the FCC or the FAA; 5) Any related unmanned equipment building shall not contain more than six hundred (600) square feet of gross floor area per user or be more than twelve (12} feet in height; 6) tf the equipment building is located on the roof of the building, the area of the equipment building shall no# occupy more than twenty-five (25) percent of the roof area, and shall comply with all State of North Carolina Building Code requirements for the proposed and existing building; and 7) Antenna andlor microwave dishes may be located on governmentally franchised utility poles (if applicable) or poles owned by the County pursuant to the fallowing regulations:, a) The maximum height of the pole with antenna or dish shall not exceed seventy (70) feet in height; and G:tTKinglTower Ord2tCe11 Tower Ordinano2 Rev$ PUBLIC HEARING aRDINANCE {DRAFT) b) The utility poles shall be located on public property, within public easements, or public rights-af-way. c) The antenna and/or dish shall be of a size and placement that is structurally compatible with the engineering design of the pole pursuant to the North Carolina State Building Code and attested to by a professional engineer certified in telecommunication facility design, and competent to evaluate antenna choices. d) The antenna or dishes shall not extend more than ten (10} feet above the existing pole height. If the pole is replaced to withstand the addition of telecommunications equipment, then the same restriction shall apply except that the utility pole may be twenty (20) feet higher than the adjacent pole heights. e) Placement of an antenna and/or a dish on a utility pole shall only be on poles owned or operated by a public utility authorized to operate in the County, a County franchisee, or Orange County. f) l=ees. 1) A filing fee as set by the Orange County Board of Gommissioners shalt be paid upon application for a Building Permit, Site Plan approval, or Special Use Permit. In addition, a inspection fee is due the County at the time of future inspections. 2) An engineering permit fee shall be paid if a pole is replaced to accommodate telecommunications equipment. 3) Public land or right-of-way lease agreements will be established by separate instrument. 6.18.4 Minimum Standards for Telecommunication Towers. Alt telecommunication towers must meet the following minimum standards: a) Prior to the issuance of a Building/Electrical Permit by the Inspections Division, a site development plan shall be presented for approval to the Planning Division. Each application for a proposed tolecommunications tower shall include all requirements for site development plan approval as required. Approval of the Planning Director or his/her designee to verify consistency with the definition of stealth facility is required. Each application shall contain a rendering or photograph of the tower including, but not limited to, colors and screening devices. o ~, ~, G:1TKinglTower Ord2lCeil Tower Ordinance F2ev8 ~ ~ ~ PUBLIC HEARING ORDINANCE (DRAFT) b} A statement shall be submitted, prepared by a professional engineer certified in telecommunication facility design, which through rational engineering analysis, certifies the tower's compliance with applicable standards as set forth in the State of North Carolina Building Code, and any assaciiated regulations; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. c} Applicants shall provide: 1) the existing cell sites (latitude, longitude, power levels} to which this proposed site will be a handoff candidate, 2) an Radio Frequency plot indica#ing the coverage of existing sites, and that of the proposed site, 3} the search area utilized in finding the proposed site, 4} antenna heights and power levels of proposed site, and 5} a written affidavit stating why "the proposed site is necessary for their communications service" (e.g., for coverage, capacity, hole-filling, etc.} and a statement that there are no existing alternative sites within the provided search area and there are na alternative technologies-available which could provide the proposed service enhancbrnent without the tower. a) County staff will utilize the services of a registered professional engineer to confirm the statement made in item 5) above. No tower shall be permitted to exceed its designed loading capacity. For all towecs attached to existing structures, the statement shall include certification that the structure can support the Iaad superimposed from the tower. All towers shall have the capaci#y to permit multiple users; at a minimum monopole towers shall accommodate two (2} users and self-suppartllattice or guyed towers shall, at a minimum accommodate three {3} users. d} Standards of evaluation. 1} Tower height shall be measured from the base of the tower to the highest point of the proposed antenna(s) to be located atop the tower structure. 2} Telecommunication towers shall conform with all of the requirements of Section $.8.17a.2 (Standards of Evaluation} of the Zoning Qrdinance. G:1TKing\Tower Ord21Cet1 Tower Ordinance RevB PUBLIC HEARING CaRDINANCE (DRAFT) 9 O ~ 3 e) Tpwer Inspection. 1) Telecommunication tower owners shall submit a report to the County Inspections Division certifying structural and electrical integrity upon completion of the initial construction and at intervals as specified in this Section 2} inspection records shall be kept by the tower owner and made available upon request to the Inspections Division during regular business hours. a) At least once every thirty-six (36} months, a structural engineer who is regularly involved in the maintenance, inspection andlor erection of telecommunication towers shall inspect the tower and submit a report submitted to the Inspections Division within a reasonable time thereafter. At a minimum, this inspection shall be conducted in accordance with the provisions of this Ordinance and in accordance with the tower inspections check list provided in the ~IA- 222 {as amended from time to time}. This is considered a major inspection review. b) At least once every twelve (42) months, a visual inspection from the ground shall be conducted by a properly trained staff member or tower consultant and a report shall be filed with the Inspections Division within a reasonable time thereafter. This inspection shall include, but shall not be limited to, visual inspection of tower foundations, structures, guys, and connections for evidence of settlement or later movement; soil erosion; condition of paint or galvanizing; rust or corrosion, loose ar missing bolts, loose ar corroded lightning protection connectors; tower plumbness, significant variation in guy sags (i.e. tensions), and other material areas or matters relating to the structural integrity of the tower. This is considered a minor inspection review. G:1TKInglTower Qrd2lCell Tower Ordinance Revs ~ ~ ~ PUBLIC HEARING ORDINANCE (DRAFT) 10 c) !n addition to the regularly scheduled major and minor inspections set forth in paragraphs 1 and 2 above, a minor inspection, at a minimum, wits be conducted if the tower or its appurtenances are noted at any time to be visibly damaged. Additionafiy, a major inspection shall be conducted if the visible damage to the tower is significant or when, after conducting a minor inspection, significant questions remain about the structural integrity of the tower. 3) The inspections Division may conduct periodic Inspections of telecommunication towers to ensure electrical integrity. The owner of the telecommunication tower may be required by the County to have more frequent inspections should there be reason to believe that the electrical integrity of the tower is jeopardized. The County reserves the right to require additional inspections if there is evidence #hat the tower has a safety problem or is exposed to extraordinary conditions. 4) Structurally Unsafe or Unused Towers: Any tower found, through inspection by the owner or by inspection of the Inspections Division, to be structurally unsafe and cannot be brought into compliance within 1 s30 days must be removed at the owner's expense. 5) Compliance with Standards. Current or former EIA standards shall apply to the addition of antennas or other appurtenances to communications tower's under the. following conditions: a) Additions to towers constructed prior to the effective date of this Ordinance, regardless of whether the additions are accounted far in the original design, shall comply with the current E1A standards, and the wind loading specified therein. Additions to towers constructed subsequent to the effective date of this Ordinance shall comply with standards set forth elsewhere in this Section. b) Existing towers, which will not have any appurtenances added to them shall at a minimum comply with the EIA standards in existence at the time the tower was erected. c) Replacement of antennas or other appurtenances shall at a minimum comply with the EIA standard in existence at the time the tower was erected if the replacement does not add to the original design loading, G:~TKinglTower grd21Ce117ower Qrdir-ance Rev8 RUBLlC NEARING QRplNANCE (DRAFT) ~ ~ ~~~i d) If a structural analysis shows a tower is not in compliance with the appropriate EIA standards, the own®r shall submit an application to the Inspections Division with a plan to bring the tower into compliance within six (~} months. e) Analysis of Existing Towers. Within twelve (12} months of the effective date of this Ordinance an analysis shall be performed on all towers in excess of 100 feet in height. This analysis shall determine the tower's compliance or lack thereof with the EIA standard in effect at the time the tower was constructed or when the most recent structural loading change was made. The tower owner shall, within thinly (30) days of completion of the analysis or the passage of this Ordinance, provide the Inspections Division with a letter from a registered professional engineer certified in telecamrnunication facility design stating the current structural status of the tower. If the tower does not meet the aforementioned EIA standards, the letter shall indicate what would be required to bring the tower up to standard. Existing towers shat! be subject to the annual electrical inspection conducted by the Inspections Division including associated inspection fees. 1} The Inspections Division shall be notified in writing when a required analysis is complete. A copy of the analysis report shall be made available to the County Inspections Division upon request. That report shall also give details of the net result of any changes made to the tower or its appurtenances since the last inspection. 6) Fees and charges. a) A filing fee as set by the Orange County Board of Commissioners shall be paid upon application for a Building Permit, Site Pfan approval or Special Use Permit. In addition, an inspection fee is due the County at the time of future inspections. b) Public land or right-of-way lease agreements shall be established by separate instrument and recorded prior to the issuance of Building Permits. G:1TKinglTower Ord2lCell Tower Ordinance Revs PUBLIC NEARING ORDINANCE (DRAFT} 12 ~ ~. 6 6.18.5 Master Telecommunications Plan f"Plan")~ As an alternative to the foregoing provisions, an applicant for a wireless telecommunications facility less than two hundred (2D0) feet in height may elect to participate in the Orange County Master Yelecommunications Plan ("Plan"). The County shall develop a plan which specifies sites within the County where an applicant may construCfi a wireless telecommunications facility by seeking issuance of a Building Permit in accordance with the specifications set forth in the Plan. The Plan shall be presented at a quarterly public hearing. After the quarterly public hearing, the Plan will be presented to the Planning Board for recommendation to the Board of County Commissioners. If adapted, the applicant may apply for necessary Building Permits on properties approved in the Plan. Properties approved in the Plan shall not be subject to an additional, separate public hearing process on any proposed facility included in the Plan. Appliean#s will be required to meet all Ordinance requirements and shall pay a site plan approval and building application fee as provided for in the Orange County Schedule of Fees. a) Information to be provided. Atl telecommunication providers who elect to construct on properties approved in the Plan shall provide all necessary and requested information to the County's telecommunications consultant. Such informa#ion shall include that set forth in this Ordinance, far each telecommunications site which it currently operates within the County, as well as each site which it reasonably believes it will require within the County for the next five {5) years. b) Plan modification. Modifications to the Plan shall be considered annualEy at the February Quarterly Public Hearing. Any applicant requesting modification of the Plan shall make application to the Zoning Officer on or before January 7t~' of each year.The fee for annual modification of the Plan shall be that as set forth in the Orange County Schedule of l=ees. c) The County shall use signal propagation methods and professional engineers qualified in this discipline and assure compliance with alt federal, state, and local regulations. d} All sites specified in the Plan shall be deemed permitted sites for the construction of wireless communications towers without the necessity of further public hearing. For those sites specified on the Plan which are on property owned or controlled by the County (regardless of zoning classification), the applicant shall, prior to seeking a Building Permit for such facility, negotiate and execute a (ease agreement with the County for such site upon terms and conditions which are acceptable to the County, e) Withdrawal from the Plan. Withdrawal from the Ptan is permitted by submitting a notarized statement requesting withdrawal from the Plan G:1TiCinglTower Ord2lCell Tower Ordinance RevB PUBLIC HEARING ORDINANCE ~pRAFT) Section 8. (Pages 8-21 to 8-24) Amend Section 8.8.17a•to read as follows: 8.8.9 Ta Telecommunication Towers 8.$.17a.1 Definitions Wards, terms and phrases, when used in this Section, shall have the meanings ascribed to them as in Section 6.18. 8.8.17a.1a Additionallnformation In addition fa the information required in Subsections 6.18, 8.2 and 8.8, the fallowing shall be submitted as part of the application. a) A Site Plan showing the entire site and size of all existing structures within 500 feet of the site, existing and proposed structures on site, the fall zone of the tower, existing and proposed topography at a contour interval of five feet and any officially designated floodways and floodplains, ar the presence of alluvial soils. ~~ U 17 bj Plans, and elevations for all proposed structures and descriptions of the color and nature of all exterior material. c) A Landscape Flan showing, at the same scale as the Site Plan, existing and proposed trees, plus shrubs, ground cover and other landscape materials. This plan shall minimize adverse visual effects of telecommunication towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques. Notwithstanding any other provision of this article, to minimize adverse visual impacts associated wi#h the proliferation and clustering of telecommunications towers, co-location of facilities on existing or new towers shall be encouraged. d) Monopole, lattice or guyed telecommunication towers shall not be locat®d within Y~ mile of any existing monopole, lattice ar guyed telecommunications tower. This distance restriction shat) not apply to any monopole, lattice ar guyed telecommunication tower owned by a public, not for profit agency ar entity. d e} Evidence that the applicant has investigated the possibilities for locating the proposed facilities an an existing tower. Such evidence shall consist af: 1) A listing of all towers within a ;41-mile {for towers 150 feet in height or shorter ~#ar3 2A9-#set} or ~ 2-miles (for towers greater than 2A8 15Q feet exalter in height} radius of the proposed tower site. Documents shall be submitted at the time of application filing that indicate the applicant's ability or inability to co-locate on the identified towers) and reasons why. G:1TKinglTower Qrd2lCell Tower Ordinance Rev8 nn C PUBLIC HEARING ORDINANCE (DRAFT) 14 V~U 2} Delineation of the boundaries of the maximum search range within which the tower equipment can function as intended. The following information shall be piavided for all existing towers within the search range: (a) Tower height, as measured from the g~nd-to-tlae base of the tower to the highest point of the propased antenna(s) to be located atop the tower structure; (b) Existing and planned tower users; {c) Whether the existing tower could accommodate the antenna to be attached to the propased tower without causing structural instability or radio frequency interference; and (d) If the proposed antenna cannot be accarnmodated on the existing tower, assess whether the existing tower could be structurally strengthened or whether the antennas transmitters and related equipment could be protected from electromagnetic interference, and generally describe the means and projected cost of shared use of the existing tower; and (e) any restrictions or limitations ofithe ~ FCC or FAA that would preclude the shared use afi the tower; and (f) any additional information requested by the County. 3) A'summary explanation of why proposed fiacilities cannot be located on any of the existing towers in the search range, e f) Documentation from applicable state or federal agencies indicating requirements which affect the appearance of the proposed tower, such as lighting and coloring. # g} Draft letter-e#-eFe~+t bond which wiN guarantee the removal of the tower in the event that it is abandoned or unused for a period of 12 months. g-h} A listing of, and current tax map identifying, aIi property owners within 1t)()Q feet of the parcel sha11 be provided. Addressed, first class stamped envelopes to said property owners shall be submitted with the application. Each property owner shall be notified of the public hearing in accordance with Article 2.3.3.4 (Class B Special Use Permit) qr Article 8.4.5 (Glass A Specia[ Use Permit} of this C7rdinance. G:I7King~Tower Ord2lCell Tower Ordinance Rev8 PUBLIC HEAR[NG ORDINANCE (DRAFT) 15 0 ~. 9 la-i) The applicant shall, after submission of an application for a Special lJse Permit, arrange #a fly, or raise upon a mast, a minimum of a three-foot (3') in diameter, brightly colored red or orange balloon at the maximum height of the proposed new tower. A notice of the dates (inc[uding a second date in case of poor visibility, weather or atmospheric conditions on the initial date), times, and location of the balloon test shall be mailed, by the applicant, to all persons owning property within 1,000 feet of the subject parcel no less than fourteen (14) days in advance of the first test date. The applicant shall inform the County Planning Staff, in writing, of the dates and times of the test at least fourteen (14) days in advance. The balloon test shall be flown for at {east four (4) consecutive hours sometime between 7:00 A.M. and 4:00 P.M. on the dates chosen. The primary date shall be on a weekend, but to prevent delays in the processing of the application, and in case of poor weather or atmospheric conditions on the initial date, the secondary date may be a weekday. Photographs of aclearly-visible balloon floated at the proposed tower location to the maximum height of the tower shall be submitted no later than ten (10) days prior to the public hearing. Photographs shall be taken from locations such as: property lines, and/or nearby residential areas, historic sites, roadways, including scenic roads and major view corridors, and other locations as deemed necessary by the Planning Staff to assess the visual impact of the proposed tower. i-j) The Special Use Permit application shall include a statement that the facility and its equipment will comply with ail federal, state and local emission requirements. k) Ali buildings and other structures to be located on the same property as a telecommunication tower shall conform with the setbacks established for the zoning district or as established through the subdivision process. 8.8.17x.2 Standards of Evaluation The following specific standards, as Weil as those found in Section 6.1$.4 of the Zoning Ordinance, shall be used in deciding upon an application for approval: a) Adjacent to residential zoning districts, minimum setbacks from the base of the tower to the property boundary shalt be equal to the height of the tower. The se#back may be reduced to no less than one-half of the tower height if easements for the remaining setback distance are granted by adjoining property owners. b) Adjacent to non-residential uses or non-residential zoning districts, minimum setbacks from the base of the tower to the property boundary shall be the greater of 20% of the tower height, or the minimum required setback- c} - A Type C Landscape Buffer shall be provided between the tower and accessory structures and adjoining property. Existing vegetation may be removed only to the extent necessary to accommodate the tower, equipment buildings, and support structures such as guy wires. G:1TKinglTower Ord2lCell Tower Qrdinance Rev8 PUBLIC HARING aRDINANCE (QRAFT) 16 ~ry~ d) The site plan shall indicate a location, for at least eae two equipment buildings in addition to that proposed for use by the applicant. e) . An $-foot fence or wall shall be required around the base of any tower. This fence or wall shall encompass all accessory equipment within the compound. Fences shall be required around guy wire tie downs as well. The fence or wall may be placed around the perimeter of the property should the applicantlownerwlsh to do so. f} The telecommunications equipment planned for the proposed tower cannot be accommodated on an existing tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those #owers and the towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause radio frequency interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers do not have space on which the equipment can be placed so it can function effectively and reasonably in parity with similar existing or approved equipment. 4. No tower or other suitable facility exists in an area where the equipment to be placed an the tower will function in its intended manner. g) The communications tower is structurally designed to support at least efts two additional users, and the Special Use Permit includes a statement that the owner of the tower is willing to permit other user(s) to attach communication facilities which dv not interfere with the primary purpose of the tower, provided that such other users agree to negotiate a reasonable compensation to the owner from such liability as may result ftom such attachment. h) The color of the tower.is of light tone, except to the extent required by law, so as to minimize its visual impact. The towers will not be artificially lighted unless required by the FAA, FCC or other federal or state agency. Where such agencies allow a choice between painting the tower or installing strobe lighting, painting shah be the preferred choice. j) The tower and antenna will not result in a significant adverse impact on the view of or from any historic site, scenic road, ar major view corridor, G:~TKinglTower Ord21CeN Tower Ordinance RevB PUBLIC HEARING ORDINANCE (nRAFTj 17 u~~ k) All abandoned communication towers shall be removed within 12 months of the cessation of use. A bond or other security guaranteeing the removal of the tower in the event that it is abandoned or unused far a period of 12 months shall be posted. A cost estimate shall be provided by a qualified contractor. The amount of the security shah be 110 percent of the estimate. I) A determination shall be made that the facility and its equipment will comply with all federal, state and local emission requirements, and the Special Use Permit shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. m} The Special Use Permit shall include a condition that the electro- magnetic radiation levels maintain compliance with requirements of the FCC, regarding emission of electromagnetic radiation. Within 30 days of installation of equipment on the tower, and within 30 days of the installation of any additional equipment in the future, the tower owner shall provide documentation of emission levels in relation to FCC standards. In addition, the tower owner must provide documentation of emission levels within five working days if so requested by Orange County. Qrange County may make such requests at any time, not to exceed four times per year. n) High voltage and "No Trespassing" and other warning signs. 1) If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE -DANGER" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. 2) "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. 3) The letters for the "HIGH VOLTAGE -DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2} warning signs may be combined into one (1) sign. The warning signs shall be installed at least five (5) feet above th®finished grade of the fence. 4) The warning signs may be attached to freestanding pales if the content of the signs may be obstructed by landscaping. 5) Signs noting federal registration (if required) shall be attached to the tower structure in compliance with federal regulation. ay Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked an the site of the telecommunication tower, unless repairs to the tower are being made. G:1TKinglTower prd2lCell Tower Ordinance RevB PUBLIC HEARING QRDINANCE (DRAFly ~~ ~~~ p) Signs and advertising. The use of.any portion of a tower far signs or advertising purposes including company name, taanners, streamers, etc. shall be strictly prohibited. Section S. That this ordinance be filed in the book of published ordinances. Section 10. That this ordinance is effective upon adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissianers that this ordinance entitled 'An Ordinance Amending the Zoning Ordinance of orange County' be adopted. Upon motion of Commissioner ,seconded by Commissioner , the foregoing ordinance was adopted this the ,.,~ day of 2002. E, Donna S. Baker, Clerk to the Board of Commissianers for the County of Orange, North Carolina, DO HEREBY CERTIFY that the #oregving is a true copy of so much of the proceedings of said Board at a meeting held on , 20p2 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this ~, day of , 2p02. Clerk to the Board of Commissioners SEAL GaTKinglTower Qrd2tCel1 Tower Ordinance RevB W °' °' J .W,iWi 0] U v ~ Qd t!) v7 N ~ ~ 5 ~ ¢¢ as m cn Qm ~ N ~ IL U U n n ~ ¢m ~ a m m d . ~ a w REFER TO HILLSBOROUGH ECDNQMIC DEVELQP MANUAL x w REFER TC7 ECQNOMtC dEVELOP MANUAL o w Nq m m m d * m ' trt ¢ ~3 m m m .~ ap ~ N ~ m m d + m cat m m m ~( • m W m m ~S • tJ.l p m m d r Gp ~ m m m a m w ~ m m m a m ~ m `~ m m m ~ m . ~ U Z W ~ si + m m t0 m 4 m U J m m m .t , m ~ !P m m 4 • ~ m . ~ Q m m m d ~ m . . ~ a¢ m m m 4 m + ~ ¢ m m tD d • m • ~ ~ m m m ~ + . pp « . ¢ ¢ OD m m 4 + qrj . . m Q m iA W 4 • m . . m ~ y M m r Y'1 ~ L t ~~ 0 m W r ~ V A d W ~ ~ C 'L ' .~ dJ ~ f9 m C r is ' " ~ ~ v ~ W r y O wy N c~ (tl m ~ V_ ~ O. N ~ p f v ~~ ~ _ ~ a ~ $ ~ ~ a ~ F 10 ti ~ m tQ _ `° ~ ~ _V alS w ti, C @ mF Os o: ~ c ~ O o5 ~ ~ ~ ~ (A W S U S1 ~ to is ~ ~ ~ m O ~ i0 C m UN uCf A Y 7 p 1 7 ' 7 r ~ M R W b C U .m ~ i 3 E ~ E E E~ L N wm O ~ ~ w „ °' ~ s m ~ v=° ° N r° a v~ v~ ~ a c g o a ~ E b `~ ~, E a cel ¢ ~ ~'F ~ ~~ _ @m m' ~E c'~i~ v csa o c c ms ~ tEc W h C !- .' + !- w i- ~. ¢ a cn N t~ to ~ F a C7 m 4S U ' ~ n ® ~ 0 ~ ~ N CJ N N N N N a d a a a a n. ~ a a a a a a N a u7 mR'~ 0~,+ ~L) r r n~N(~ v"~"v Fd 02~ THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY ~2~ An fJrdinance Amending the Orange County Schedule of Fees Be it ordained by the Board of Commissioners of the Gounty of Orange, North Carolina, that the Orange County Schedule of Fees is hereby amended by adding the new fees as follows: Section 1. Section 2. Sectian 3. Section 4. Building Inspection Fees: Communication Towers New Tower (per linear foot [If] of height) $20.00 / If (measured from grade to upper mosf height, including antenna Co-User (af initial tower construction): Co-Location (af date subsequent to tower construction): Annual Electrical Inspection: Minor Inspection Fee (if performed by Inspections Staff) Minor Inspection Fee (If pertormed by Consultant} Zoning Review Fees: Gommunication Towers Master Telecommunication Plan Amendment Requests: Telecommunication Tower, Special Use Permit, Class A (includes consultant fee) Telecommunication Tower, Special Use Permit, Class B (includes consultant fee} Zoning Review Fee (building permit): Recyclable Materials Solid Waste Permit -- That this ordinance is effective upon adoption. $500A0 /user $1,000.00 $100.00 $100.00 Cost + 10% $2ao.oo $10,000.00 $8,500.00 $100,00 5% of building permit fee NOW THEREFQRE BE IT RESOLVED by the Board of Orange Gounty Commissioners that this ordinance entitled 'An Ordinance Amending the Orange County Schedule of Fees be adopted. Upon motion of Commissioner ,seconded by Commissioner the foregaing ordinance was adapted this the 17 of September 2002. 1, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a #rue copy of so much of the proceedings g:lrobert\ee11 tpwer\fee ordinance V(~6 of said Board at,a meeting head on September 77, 2002 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this ~ day of,~, 2002. Clerk to the Board of Commissioners SERL g:lrabert~ell towerlfee grdinance ORANGE COUNTY BOARD OF COMMISSIOI ACTION AGENDA ITEM ABSTRACT Meeting Date: August 26, 2402 ~~! Ac#ion Agen a Item No. -- SUBJECT: Discussion of Carrbora Land Use Ordinance Amendments in the Northern Transition Area DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YINj No ATTACHMENT(S): • Staff Analysis of Amendments • Agenda Item D{1) from 5-28-d2 Carrbora Board of Aldermen Meeting 5-28-02 Board of Aldermen Minutes INFORMATION CONTACT: Craig N. Benedict, ext 2592 Gene Bell, ext. 2589 TELEPHONE NUMBERS: Hillsborough 732-818'1 Chapel Hill 968-4501 Durham 688-7331 Mebane 336227-2031 ,~ PURPOSE: To consider a County response to tent amendments in Article 15 of the Carrbora Land Use Ordinance concerning Village Mixed Use (VMU) and Office/Assembly (O/A) districts. BACKGROUND: Proposed amendments to Carrbaro's Land Use Ordinance (LUt~}were presented at a Town public hearing on May 7, 2002. The minutes from the hearing are included as Attachment B to item D(1) from the May 28 Board of Aldermen meeting referenced above (the complete agenda for the hearing can be accessed at www.ci.carrboro.nc.us/Mayor $~ Board of AldermenlMeeting Agendas/Item D(3)). The LUC3 amendments are applicable throughout Carrboro's planning jurisdiction, which includes the Northern Transition Area {NTA}. Pursuant to the Joint Planning Agreement, the amendments were submitted to Orange County for review, but without the context of their potential usage in an upcoming rezoning application involving the proposed Winmore development. The Board of Aldermen voted on the amendments on May 28, 2002, approving, or approving with modifications, all but two of the 18 proposed changes. Those not approved were: 1. Allow Board of Aldermen to approve projects whose development standards do not specifically meet all provisions spelled out in the LOO. 2. Allow sidewalks and walkways to be brick or concrete with brick borders no longer required. Agenda item D(1) from the May 28 Board of Aldermen meeting is included as an attachment. Winmore and the LUO amendments were discussed at County Commissioner meetings on June 6 and again on June 24. Planning staff was directed to prepare the attached analysis of glComprehensive Plaruvng DivlGene12002 Public Hearings\Aug 261Carrboxo LUO Amdts Abstract.docl8-13-021gb o~~ the amendments for additional discussion on August 2G. The amendments were reviewed for consistency with the Joint Planning Agreement and facilitated Sma1! Area Plan for Can-boro's Northern Study Area adopted in 1999 and staff comments regarding consistency or inconsistency with the JPA are noted. Please also note that staff review pursuant to the JPA is based primarily on changes that affect the land use plan ~i.e., density, intensity). Although Carrboro has already acted on the amendments, Orange County may still wish to submit comments. FINANCIAL IMPACT: None at this time. RECC}MMENDATION(S): The Administration recommends that the Board receive the information and discuss the desirability of a formal response to Carrboro. glComprehensive Planning DivlGene12002 Public HearingslAug 26~Carrboro LUO Amdts Abstract.doc\8-i3-02\gb ..r c .~ ro a) .~' is E ~ ~ W ~,~ ~ Uy C dZ~~,c`Z.ro~ W -l-E~~~~U`~ ~~ ~ GT ~ Q ~ U cu~~~~Ntl..,~ Z V O t d L "~p tOWI-- ~ 0~~ C ~N 'C ~~l1 ~~ ~~4 •~ d ^ ~ 3 ~,~,,, ~Z4iJ ~~ p U~ W ~ ~J~ ~~ yes ~ ~ '~f W ~ tII ~ ~ t4 ~. /~ f,,~,~~ L ~ o ~ . o a, 4© c.~~m ~ ~~ m o moci OC.?~ ~.~~ ~ ~ ~ ~ ~zU o ~, o E ~ U H~ ~zd m~-[7,~t1~ Q y- cn ~s i-~ a~¢w~E~~ca ~~ E~cnc~~~w F-4. c~?c.c~oo~ Z" ,w ~ ~ ~ O ttS m ..,. 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'; ~ril ~~ r 0 Q 4- ~~ ~ p r O C~3 [3 U ~~~ r. ~, ~ ~ 'L3 ~ .,~~.~, wf7, ~ ~ L v N~ p-``•- ~ G C,~~~C~ ~~ ~; p ~ ~ U7 p c0 tU ~ N ~ ~ ~ ti ~+ ~ ~ r .a ~ t0 ' ~ N ~ 0 N ~ ~ C7 .G ~~ p . ~ ~~, ~ . ~;~ccn} i0 - N ~ cA ~~~~,~o ~~~~ ~~~ ~~ ~ ti~~o¢'~ti ; ii~~; ` , ~ ~ i.,. , r co r w "R ~~iiS ' ' ~~5 BOARD OF ALDERMEN AGENDA ITEM ABSTRACT MEETING DATE: Tuesday, May 28, 2002 ITEM NO. D(1) TITLE: Continuation of Fublic Hearing: Land Use Ordinance Amendments Related to Village Mixed-Use and Office-Assembly Developments DEPARTMENT: PLANNING PUBLIC HFaARING: YES x No ATTACHMENTS: FOIZ (NF4RMAT(ON CONTAC'C: A. Draft Ordinance Patricia McGuire - 918-7327 B. Excerpt of minutes, May 7, 2002 Mike Brough - 929-3905 C. Advisory Board recommendations D. Summary of Requested Changes/Recommendations PURPOSE The Board of Aldermen held a public hearing on May 7, 2002 to receive comment an proposed changes to the Land Use Ordinance related to Village Mixed-Use and Office/Assembly developments. The Board continued this public hearing until May 28, 2U02 in order to allow the Planning Board to complete its review of the proposed amendment. The Administration recommends that the .Board of Aldermen adopt the proposed ordinance, with noted modifications. Robert L. Chapman, III and other associates in the Winmore Land Management LLC submitted a request for land use ordinance amendments related to the design of a village mixed-use development. A draft ordinance that addressed this request, and included changes related to office/assembly developments as well, was prepared and presented for public review on May 7, 20Q2. A number of citizens offered comments on the draft ordinance, as noted in the minutes of the meeting (Attachment B). The Board of Aldremen continued the public hearing to May 28, at the request of the Planning Board, in order to allow additional time fvr that Board to complete its review of the draft ordinance. The Planning Board completed its review on May 1b. All advisory board recommendations are attached (Attachment C?. A summary of the requested changes, annotated with comments and recommendations, is also attached (Attachment L1). ADMINISTRATION'S RECOMMENDATION The Administration recommends that the 13aard of Aldermen adopt the draft ordinance (Attachment A) with noted modifications. o~~ THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY ~ ~ ~` AxxAc~n~N~c a AN ORDINANCE AMENDING THE LAND USE ORDINANCE PROVISONS RELATING TO VILLAGE MI3~D-USE AND OFFICE/ASSEMBLY DEVELOPMENTS THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO ORDAINS: Section 1. The section references contained in this ordinance are to chapter 15 of the Carrboro Town Cade, the Carrboro Land Use Ordinance. Section 2. The opening paragraph of Subsection 15-176.2 is amended to read as follows: In a village mixed use development, a maximum often percent of the total gross acreage of the tract, yr five acres, whichever is less, may be used for purposes permissible in the B-3T yr OA districts, subject to any conditions ar limitations (including limitations on the types of permissible uses} contained in the remaining provisions of this section, e Notwithstanding the foregoing, the Board of Aldermen may, in approving a Master Flan far the development, impose greater use limitations on the development than thane imposed by the regulations of this chapter applicable to the B-3T or QA districts, or allow the developer to deviate from the use limitations imposed by the other provisions of this section. The developer steal! be required to identify and justify aU deviations from Section 15-176.2 and the rest of Chapter 1S. Section 3. Subsection 15-176.2{a}(1) is amended to read as follows: Within the portion of the tract developed far commercial gurposes, the regulations {other . • than use regulations, which are governed by the provisions immediately above) applicable to property zoned B-3T shall apply . soh, jest to the remaining provisions of this section. Notwithstanding the foregoing, the Board of Aldermen may, in approving a Master Plan for the development, allow or require the developer to deviate from the provisions of this section ar this chapter (other than use regulations, which are governed by the provisions immediately abave~ that would otherwise be applicable to the development. The developer steal! be required to identify and justify aU deviations from Section 15-176.2 and the rest of Chapter 15. (1) Section 4. The opening paragraph of Subsection 15.176.2(b) is amended to read as follows: Fortions of the tract not developed in accordance with the provisions of subsection (a) above maybe developed in accordance with the provisions of this chapter applicable to property that is zoned R-I0, except as those provisions aze modified by the provisions of ~~~ this section, ' Notwithstanding the foregoing, the Board of Aldermen may, in approving a Master Flan far the development, allow ar require the developer to deviate from the provisions of this section or this chapter that would otherwise be applicable to the development. The developer shall be required to identify and justify all deviations from Section 15-176.2 and the rest of Chapter 15. (b) Section 5. Section 15-15 is amended by,adding a new definition{92.I) to read as follows: (9Z.1) .RESIDENCE, PRIMARY WITHACCBSSORYDETACHED DWELLING. A residential use in which there is located an 'the same lot a primary, single family residence and a . second dwelling that is detached from the primary residence but that may be attached to another accessory building such as a garage, and which second dwelling unit comprises not more than fefty percent of the grass floor area of the primary residence nor more than a total of 750 square feet, exclusive of garage. Section 6. The first sentence of Subsection 15-182{b) is rewritten to read as follows: "Two-family conversions, primary residences with an accessary apartment, and primary residences with an accessory detached dwelling shall be allowed only on lots having at least 150% of the minimum square footage required [under subsection (a)J for one dwelling unit on a lot in such district." Section 7. Subsection 15-176.2(b){1) is amended by adding a new subsection "c°' to read as follows: . ~ c.. jAlternative IJ When a lot is developed as a primary residence with an accessary detached dwelling, the accessory dwelling shall be permissible in _.. . - addition to the number of dwelling units otherwise authorized under this ~ - •~ . . section. jAlternative Z,J. When a lot is developed as a primary residence with an accessary detached dwelling, the accessory dwelling shall be counted only as a half dwelling unit for purposes of determining the number of dwelling units permissible within the entire tract. Section $. Subsection 15-17b.2{ fl(3)(g) is amended by adding a sentence at the end of this subsection, so that it reads as follows: g. The build-up line specifies a cornice height that establishes the prominent visual dimension of a building and defines its proportion in relation to the street It should vary, with no more than sixty (60) consecutive feet of the build-up line having a similar cornice or roofline, and be between one and ~ three and one-half stories iz~t height. A two-story build-ug lute can range from 20 to 2S feet above average Draft ordinance Relating to VMCt and p/A Developments Page 2 c! ground level.. A three-story build-up line can range from 30 to 35 feet above average ground level. Section 9. Subsection 15-176.2 (f}{4)(b) is amended to read as follows: b. Maximum height regulations are ~ 49 feet and t~-e three and a half stories. Section 10. Subsection 15-176.2 (f)(4)(f)(1} is amended to read as follows: Be constructed ofbrick or concrete ~•~~~w ~.ri~v.~,n ~°~ in such a way that they da not impede accessibility. Section 11. Subsections 15-176.2 (fj(4)(g) (1) and (2) i$ are amended to read as follows: 1. At least one trash can and one recycling receptacle of approved design in each block; 2. Public benches of approved design at bus stops, green spaces, and at intervals of no greater than 39 .~44 feet aloag troth sides of e~--each black and at lesser intervals andlor in required clusters, as appropriate (i.e. high- activity areas due to the nature of surrounding uses). Section 12, Subsection 15-176.2 (f)(4)(m) is amended to read as follows: m. Materials in the exterior of at least one-half of the buildings surrounding the greens shall be limited to a.diversity of brick textures and colors, with ••-- woad being subject to the review of the Appearance Con~rnission and the approval of the permit-issuing authority. Awnings are encouraged. Commercial grade windows and doors shall be used, with wood encouraged and other materials being subject to the review of the Appearance -- Commission and the approval of the permit-issuing authority. Section 13. Subsection 15-176.2 (f)(5)(b) and (c) are amended to read as follows: b. The minimum lot width at the building line shall be 40 feet unless the Board of Aldermen has also approved the development ar an architecturally integrated subdivision as described in Section 15-187, c. Variations in the principal building position and orientation shall be encouraged, but the following minimum standards shall be observed: Front yard: 1 S feet minimum (but 8 feet to front porches or steps) and 2S feet maximum; Rear yard: 3Q feet minimum for principal buildings and 5 Draft Ordinance Relating to VMU and 0/A Developments Page 3 Q4U . feet for accessary buildings; Side yard: 20-foal sepazation for principal buildings, with no side yard less than S feet unless the Board of Aldermen has also approved the development as an architecturally integrated subdivision as described in Section I5-187. Section 14. Subsection 15.176.2 (fKSxd) is amended to read as follows: d. The total ~ impervious coverage shall be ~A d5 percent ~° for all of the lots in this use area. Impervious surface .area may be increased above 50 percent so long as alt additional stormwater volume is retained on site and no discharge is allowed Allocation to each lot shall be indicated on the conditional use permit plans and must be~inalized at the time a final plat is recorded. For multi phase projects, the final allocation shall be by phase. No further reallocation of impervious surface coverage for lots in this use area shall be allowed after the final plat has been • recorded. Section 1S. Subsectioa'IS-176.2 (fj(S)(g) {4) and (S) are amended by adding a new phrase at the end of the subsection to read as follows: 4, Exterior fire-exit stairs are pmhibited on any side of s4•B1:3s Accessory Detached Dwellings except at their rear, except in cases when the ADD is located above a garage. S. All aft street parking for s Accessory Detached Dwellings shall be located to the side or rear, as xiewed from the street. a~~~~-~ Section 16. Subsection 15-176.2 .(f)(S)(b) is amended by adding a new sentence at the end of this subsection to read as follows: b: • Shade trees shall be provided along each side of all streets, public or private, existing or proposed. Shade trees shall also be massed at critical points, such as at focal points along a curve in the roadway. l;n locations where healthy and mature shade trees currently exist, the requirements or new trees may be waived ar modified. Section 15-315 of this Chapter notwithstanding, the developer shall either plant or retain su~cient trees so that, between the paved portion of the street and a line running parallel to and twenty-fsve feet from the center line of the street, there is for every forty feet of street frontage at least an average of one deciduous tree that has or wilt have when fully mature a trunk at least twelve inches in diameter, Trees may be placed uniformly. Section 17. Subsection 15-177 (a){2), {3) (6) and (7) are amended to read as follows: Draft Chdinanee Relating to VMLJ and O/A Developments Pate 4 ~~1 (a} The following standards are recommended for all subdivisions of 5 or more units and shall pertain to }9°~o SO% of the dwelling units in the subdivision. (2) Roofs shall be as follows: a. Main roof pitch - ~9 $/11 to 12112 b. Lower roof pitches - 3/12 to 4-S/11 c. Roofs shall have a minimum overhang of sixteen (16} inches on all eaves and gables. (3} Clapboard or shingle siding shall have a four ~ to five and a half-inch exposure, (6} Any chimney must be located within the body of the house unless it is ari all-masonry chimney. {~ Garage doors shall be nine (9} feet wide or under. Door shall not face the street unless the garage is placed at least 10 feet behind the principal dwelling. Section 18. Subsection i5-291 (g} (Table of Parlcirtg R.e~uirements} is amended by adding the following in appropriate numerical order: 3.2,000 2 spaces per single family dwelling unit plus one space per accessory dwelling unft ar room rented out in each dwelling unit (see .Accessory Uses. Section '• 15-ISO). An average of I.S spaces per each rsultifarnily dwelling unit. A minimum of one o~street space shall be provided for each dwelling unit. Qn- _ street parking and space provided within enclosed or partially enclosed garages may be counted toward fu~llment of parking requirements beyond the off-street minimum. 1 space per 400 square feet of gross flgor area used far commercial purposes in the "storefront use area ". .Shared parking shall be allowed and shall be calculated as follows: the sum of the parking places far any two uses is divided by the ratios below to yield the shared parking required. Residential and Lodging: 1.1 Residential and Civic Use or Church Use: 1.1 Residential and Dice Use: 1.4 Residential and Retail: 1.~ Lodging and Civic Use or Church Use: 1.3 Draft Ordinance Relating to VMCJ and O/A Developments Page 5 ~4 Cadging and Office: 1. ~ Cadging and Retail: 1.1 Civic Use ar Church Use and Dice Use: 1.7 Civic Use ar Ghurch Use and Retail Use: 1.3 O~i'ce Use and Retail Use: 1.2 Alternative Section 18. Section 15176.2 (fj (4) (e) is amended by the addition of a new subsection that reads as follows: 5: The permit-issuing authority may allow shared use of parking. New Section 19 (need to renumber the remainder}. Section 15-176.2 (fl (7) {is amended by the addition of a new subsection (e) that reads as follows: {e) The permit-issuing authority may allow on street parking spaces along the front property Iine (except where there are driveway cuts) to be counted toward the minimum number of parking spaces required for the use an that lot. Section 19: Article X~V is amended by the addition of a new section 15220.1 Design Standards for Village Mixed Use Developments that reads as follows: (a) Vllage mixed use developments maybe designed in accordance with the North Carralina Department of Transportation Traditional Neighborhood Development (TNl3) Guidelines, August 200D. Where specific NCDOT T1YD design guidelines have been established, these 1 may supersede any related street design standards contained in this Ordinance, as well as standards and guidelines far utilities, landscaping, and similar considerations. In the absence of TND specific design guidelines, the existing standards, criteria, guidelines ar policies shall be applied {b) 1:'or purposes of implementing the NCDOT TND Guidelines, a village mixed use development shall be deemed to be a "classic" TND. Section 24. Article X Section 15146 (Table of Permissible Uses) is amended by revising the permit requirements associated with use classifications 2.110 2.120, 2.210, 2.220, and 2.230 by inserting a "ZC" under the column for the O/A (O~celAssembly} zoning district. Draft Ordinance Relating to VMU and O/A Developments Page 6 V ~ v Section 21. Article 1X, Sections 15-136 (10) Office Assernbiy and 15-136 (11) aze amended by the addition of new subsections that read as follows: te) Not more than lS percent of the total building gross floor cvnstruCted within the proposed district may be used for uses permissible within this district that fall within the 2.000 classification. c. 1. Nat mare than 25 percent of the total buildinggross floor constructed within the proposed district tray be used for uses permissible within this district that fall within the 2.000 classification Sectian 22. Article XI, Subsection 15-176.2 (f) (5) (g) is amended by replacing the temis "Accessory dwelling unit" and "ADU" with "Accessary Detached Dwelling" and "ADD" throughout. 5ectian 23. Article XI, Subsection 15-176.2 (fj(5)(g) (3) is amended to read as follows: 3. The gross floor area in the ADD shall nat exceed 750 square feet Section 24. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 25. This ordinance shall become effective upon adoption. The forgoing ordinance, having been submitted to a vote, received the fallowing vote and was duly adopted this ~ day of , 2002 Ayes: Noes: Absent or Excused: Draft tJrdinance Relating to VMU and p/A Developments Page 7 p44 THI5 PAGE HAS BEEN LEFT BLANK 1NTEN'T'YONALLY 0~5 ATTACHMENT B LAND USE ORDINANCE TEXT AMENDMENT RELATING TO VILLAGE MIXED-USE AND OFI~'ICE/ASSEMBLY DEVE~,UPMENTS This was a public hearing to receive comments on proposed changes to the Land Use Qrdinance relating to village mixed~use and officelassembly developments. The administration recommended that the Board of Aldermen adopt the proposed ordinance Patricia McGuire, the town's Planning Administrator, made the presentation. Giles $lunden expressed concern about changing the ordinance before having a project, Ae stated that having the context of a specific design and its relationship to the surroundings would be helpful in understanding these amendments. Shirley Marshall spoke in support of the traditional neighborhood development ordinance, 'She requested that the Town research the best surface for elderly mobility, i.e., wheel chairs, etc. then mandate that surface for all areas. Brian Voice, a resident of Northern Transition Area and HCITZ member, spoke against the amendments. He made the following suggestions: • Minimum distance in village far village connector roads -1,400 feet • Minimum distance from floodplain -1,240 feet Include limit on ovesaIl village density and size and place in application Include impact fees to reduce taxes • Limit transitional buffer • Pass SAPFO with teeth Ellen Perry requested that a requirement for an intercom system be built into the ordinance. 7ulie Andresen, a Chapel Hill resident, expressed concern about the amount of impervious surface. Bob Chapman, a developer, invited the Board and residents to look at Trinity Heights ir- Durham. Jay Bryan, chair of Northern Transition Advisory Board, requested that staff revise the numbering of the advisory board recommendations. IIe reviewed same of the advisory board's recommendations. David Markowitz, a-resident of the Northern Transition area, stated he is concerned about not fully understanding what the text amendments will mean. The Board continued this public hearing until May 28, 2002 in order to allow the Planyung Board to complete its review of the proposed amendment. ********** Carrhoro Board of Aldermen Page 5 May 7, 2W2 U4b THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY Ax'TACHMENT C TCaWN QF CARRBC~RCJ PLANNING BOARD 301 West Main Street, Carrbara, North Garalina 27514 R~~C~NINI Ef~1 DATICJN MAY 16, 2oaz LV4 TexF Amer~~ment: Village Mixe~~tJse ~n~ C7~ice/Assembly Developments MOTION WAS MARE BY ANDS WEST AND SECONDED BY ROB HOGAN THAT THE PLANNING BOARD RECOMMENDS THAT THE BOARD OF ALDERMEN ADOPT "AN ORDINANCE AMENDING THE LAND USE ORDINANCE PROVISIONS RELATING TO VILLAGE MIXED-USE AND QFFICE/ASSEMBLYDEVELOPMENTS" AS NOTED BELOW: SECTION 1 SECTION 2,3,4 SECTION 5 SECTION 6 SECTION 7 SECTION $ SECTION 9 SECTIQN 10 SECTION 11 5ECTION 12 SECTION 13 SECTION 14 SECTION 15 SECTION 16 SECTIDN 17 SECTION 1$ SECTION 19 SECTION 20 SECTION 21 SECTION 22 SECTION 23 DEFINES REFERENCES CONTAINED IN ORDINANCE SUPPORT TEXT CHANGES OPPOSE DEFINES ACCESSORY DETACHED DWELLING SUPPORT LIMITATION ON SQUARE FOOTAGE SUPPORT DEFINES DENSITY REQUIREMENTS ON DETACHED DWELLING SUPPORT INCREASE BUILDING HEIGHTS SUPPORT MA~~tsuM HEIGHT REGULATIONS SUPPORT BRICK $ORDERS AND SIDEWALKS OPPOSE PUBLIC BENCH INTERVALS SUPPORT STAFF RECOMMENDATION BRICK FACrADI; (Si.1BJECT TO APPROVAL $Y APPBARANCE COMM.) SO% I SO'/o MINIMUM LOT WIDTH SUPPORT IMPERVIOUS SURFACE AREA CI3ANCyES FIRE STAIR AND PARKING FOR ADU STREET TREE PLACEMENT VERNACULAR ARCHITECTURAL STAM PARKING REQUIREMENTS NCDOT TND STANDARDS PERCI=NT RETAIL IN O/A SUPPORT STAFF RI:COMMBNDATION SUPPORT SUPPORT- )ARDS SUPPORT SUPPORT STAFF RECOMMENDATION SUPPORT STAFF RECOMMENDATION LIMIT O/A RETAIL TO 25 PERCENT SUPPORT STAFF RECOMMENDATION "ADLJ" TO "ADD" SUPPORT CLARIFY 750 SQUARE FOOT LII4IIT IN VMU SUPPORT SUPPORT STAFF RECOMMENDATION VOTE: AYES (5) (Babiss, Haven-O'Donnell, Hagan, Searing, West); NOES (0); ABSENTlEXCUSED (Marshall, Poulton; Treat). ~ida,a~vr~Sea~r-ice, Ghcw;,r ~ .(du,~i) a~~ ATTACHMENT C - ~ TRAsNSPORTAT.I.QIY AIlVISOIt.Y BOA~tD xECOM~zENDATIfJ~ April 13, ~aa~ S~.j$rECT: Proposed Land Use Ordinance Text Amendments for the Village Mixed Use District MOTION': The Transportation Advisory Board (TAB) recommend that the Board of Aldermen approve Sections 2, 3, arld 4 as written. 1Y10TION: Marshals SECOI~ID: Hay VOTE: Ayes (A!I); Noes (None). MOTION: The Transportation Advisory Board (TAB) recommend that the Board of Aldermen approve Section 10 as written. IyIOTXON: Hay SECOi~: Marshall YOTE: Ayes (Al1}; Noes (None). MOTION: The Transportation Advisory Board (TAB) recommend that the Board of Aldermen approve Section 11 as written. • IYiOTXbN: Marshall SECOND: Hay YOTE: Ayes (AII); Noes (None). VOTE: Ayes (Ali); Noes (None), IYiOTZON: The Transportation Advisory Board (TAB) recommend that the Board of Aldermen approve Section 15 as written. IVIOTION: Marshall gECbND: Hay VOTE: Ayes (AII); Noes (None). NiOTXOiY: The Transportation Advisory Board {TAB? r*cornmend that the Boars! of Aldermen approve Section 18 as written, with tht additional recommendation that the word "may" be changed to "will" in the sentence: "On-street perking and space provided within enclosed or partially enclosed garnges Wray be counted toward •fi-l~illrr:ent of parking requirements beyond the off-street minimum." . ivl0'TIOY: Hay SECOND: Marshall VOTE: Ayes (AII}; Noes (None). NIOTIOi`i: The Transportation Advisory Board (TAB} recommend that the Board of Aldermen approve Section 19 as written, but, with reference to the last paragraph of the NCD4T Traditional Neighborhood Development ('Ti~iD) Guidelines (page 9), asked for clarification as to whether the Carrboro ordinance or NGDOT guidelines would take precedence. itiiOTIOiY: Marshall SECOND: Hay YOTE: Ayes (All); Noes (None). ~/ I ~ /~~' T DATE TAB Vzce,Chair o~~ A7'Z'ACHMENT C•3 Town of Carrboro / Carrboro Appearance Commission / . Carrboro, North Carolina 27510 THURSDAY, MAY 2, 2p02 PROPOSED TEXT AMENDMENTS TO THE LAND USE ORDINANCE FOR VILLAGE MIXED USE PROJECTS AND OFFICE/ASSEMBLY DISTRICTS . The Appearance Commission has examined the above-referenced proposal by Winmore band Management, LLC, in terms of its philosophical and practical implications. Our recommendations ret]ect much careful discussion: • We support allowing one Accessory Dwelling Unit (AAU) per Iot, not to exceed 7S0 heated square feet per staff recommendation. We support the increased density allowance recommended by staff (1/2 unit per ADU) that comes with ADU's. We suppork allowing building heights up to 49 feet in VMU and OfficelAssembly districts, potentially accommodating 3.5 stories. • We do not recommend that any of the other proposed text changes pertaining to VMUs be incorporated into the Land Use Ordinance at this tirrte. The Appearance Commission did not consider the proposed text amendments for the OfficelAssembly district to be withizt its pwrview. The Appearance Commission voted unanimously on each of the above points, and wishes to make a strong statement with this [ast one: - ..... -- , .. _ - -. .. .. • By agreeing to consider any number of changes to the LUO at the behest of one developer, the Town sets a dangerous precedent -treating developers like customers and the LUO like a product for sale. The Appearance Commission thinks this looks bad. VQTING: AYES: 5 (Chuck Morton, Wendy Wenck, Catherine Devine, Leslie Rountree, and Doug Kopec) NOES: D Members Present (5): Chuck Morton, Wendy Wenck, Leslie Rountree, Doug Kopec, and Catherine Devine Nlembers Ahsent or Excused (Z): Ruben Mayes and Richard Taylor Appearance mmission Chair Date ~~Q Meetlr~ on May 2, 2002 at Else Carrbnro Town Hall Carrboro, Nardi Carolina ~~CON~N~~NDA'I`It~N Proposed. VilYage Mxced Use Text .tllxnendmexxts ATTACHMENT C- `{ L Motion was made by Keith Burwell, and seconded by John Gallagher that the Environmental Advisory Board recommend denial of proposed text amendment sections numbered 2, 3, and 4 to the Village Mixed Use Ordinance. VOTE AYES (3-Burwell:„Pohlman. Gore); NOES 1-Brawn ;ABSTAIN (1 - Gallagher ABSENT XCUSED 1 Mathews). II. Motion was made by Keith Burwell, and seconded by Scott Pohlman, that the Environmental Advisory Board recommends approval of Administration's provisional recommendations for adopting the proposed text amendment sections numbered 14 and 16 (as numbered on the staff summary dated April 25, 2Q02) to the Village Mixed Use Ordinance. ' Specifically, with number 14 -change to impervious surface -- the Environmental Advisory Board recommends that the limit remain at 5Q percent with provision far increase if linked to demonstrable, commensurate reduction in stormwater runoff volume through on-site infiitratian or other approved controls. _ The Environmental Advisory Board further supports the Administration recommendation to include a requirement for recycling stations in conjunction with trash cans in the storefront and townhouse use areas. The Environmental Advisory Board chose not to comment on any remaining proposed text amendments. VOTE AYES 5) Brown Pohlman Galls her Burwell. Gore); NOES 0). ABSENT/EXCUSED (1) (Mathews). C,Lyni,~r M. 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U ~ a d a a E c a~ m .. ~ ,.. .ry' N ~ ~% ~ N ~, O m v~ G ~ ~ N ~ ~ y N ~ ~~ G~ -+ 't r t J] ~e6~ THIS PAGE HAS BEEN LEST BLANK INTENTIONALLY Excerpt from Carrbora Board of Aldermen Minutes, May 2S, 2Q02 0 5 5 Section 1. The Mayor and Board of Aldermen hereby appoint Gordon Cook to a seat on the Recreation and Parks Commission. Mr. Cook's term shall expire in February 2005. Section 2. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the fallowing vote and was duly adopted this 28th day of May, 2002: Ayes: Joal Hall Braun, Mark Dorosin, Jacquelyn Gist, John Herrera, Diana Mebuffee, Michael Nelson, Alex Zaffron Noes: None Absent or Excused: None PRESENTATION OF THE 2002-03 HUMAN SERVICES $UDGET RECOMMENDATIONS The purpose of this item was to present to the Board of Aldermen the recommendations from the Human Services Commission for funding requests from the nonprofit agencies providing services to Carrboro citizens. Lillie Atwater, Chair of the Human Services Commission, presented the report. Alderman Dorosin requested that the town staff provide information on why the Human Services Commission had recommended funding for Orange Community and Schools, Inc. when no direct service was given to the Town of Carrboro. CONTINUATION OF THE PUBLIC HEARING: LAND USE ORDINANCE TEXT AMENDMENT RELATING TO VILLAGE MIXTD-USE AND OFFICE/ASSEMBLY DEVELOPMENTS The Board of Aldermen held a public hearing on May 7, 2002 to receive comments on proposed changes to the Land Use Qrdinance related to Village Mixed-Use and Office/Assembly developments. The Board continued this public hearing until May 28, 2002 in order to allow the Planning Board to complete its review of the proposed amendment. The Administration recommended that the Board of Aldermen adopt the proposed ordinance, with noted modifications. Bob Chapman thanked the Board and advisory boards for the time spent on these proposed amendments. He said that many positive ideas were obtained from the Planning Board. James Carnahan spoke in favor of the proposed ordinance. He said that giving the Board greater discretion in reviewing a VMU proposal is that this increased flexibility will allow the Board to respond more effectively to the details of a particular proposal. The retail inclusion in office assembly will allow a greater variety of destinations within walking distance of residents. Urged the Board to adopt the option not to count accessory units at all in determining density. Impervious surface allocations should only be increased when we can be certain that proposed retention and management practices will continue to be effective aver time. The proposed architectural and landscape design guideline changes would allow greater flexibility and thus the possibility of greater variety. In addition, he supports reducing parking minimums and encouraging shared parking. Carrboro Board ofAldermen Page 4 May 28, 2002 Q5b Nancy Salmon, a resident of the northern transition area, had questions about the impervious surface percentage and e~cpressed concern about runoff if impervious surface is increased. She asked that the impervious surface provisions should not be changed. She also suggested that the accessory dwelling provision Hat be adopted. Brian Boyce, a resident of the northern transition area, asked if the proposed amendment was sent to Orange County. Mr. Boyce asked that the Board delay action an this matter until the residents of the northern transition area can have a public hearing on this matter with the Orange County Board of Commissioners. Mr. Boyce Hated the Appearance Commission's statement that agreeing to consider changes to the, land use ordinance at the request of one developer is not a goad idea. Chris Potter, a resident of northern transition area, stated that the Winmare development is the first project to came under the provisions of the Small Area Plan and the suggestions made by the developer for changes are reasonable changes. MOTION WAS .MADE BY JOHN HERRERA AND SECONDED BY ALEX ZAFFRON TO CLOSE THE PUBLIC HEARING, VOTE: ApFIRMATIVE ALL MOTION WAS MADE BY MARK DOROSIN AND SECONDED $Y JOHN HERRERA TO APPROVE SECTIONS 2, 3 AND 4 OF THE ORDINANCE. VOTE: AFFIRMATIVE TWO, NEGATIVE FIVE (ZAFFRON, BROUN, NELSON, MCDUFFEE, GIST) MOTION WAS MADE BY ALEX ZAFFRON AND SECONDED BY -MARK DOROSIN TO APPROVE ALTERNATIVE #1 OF SECTION 7. VOTE: AFFIRMATIVE SIX, NEGATNE ONE (GIST) MOTION WAS MADE BY ALEX ZAFFRON AND SECONDED .BY JACQUELYN GIST TO NOT APPROVE SECTION 10. VOTE: AFFIRMATIVE FOUR, NEGATIVE THREE (MCDUFFEE, DOROSIN, HERRERA) MOTION WAS MADE BY JACQUELYN GIST AND SECONDED BY ALEX ZAFFRON TO APPROVE THE FOLLOWING LANGUAGE FOR SECTION 12: "MATERIALS IN THE EXTERIOR OI' BUILDINGS SURROUNDING THE GREENS SHALL BE LIMITED TO A DNERSITY OF BRICK. WOOD, STUCCO, MASONRY, AND OTHER SIDING MATERIALS ARE SUBJECT TO THE REVIEW OF THE APPEARANCE COMMISSION AND THE PERMIT~ISSUING AUTHORITY." VOTE: AFFIRMATIVE ALL MOTION WAS MADE BY MARK DOROSIN AND SECONDED BY ALEX ZAFFRON THAT SECTION i4 BE AMENDED TO READ: "THE TOTAL IMPERVIOUS COVERAGE SHALL BE SO PERCENT FOR ALL OF THE LOTS IN THIS USE AREA. ALLOCATION TO EACH LOT SHALL BE INDICATED ON THE CONDITIONAL USE PERMIT PLANS AND MUST BE FINALIZED AT T'HE TIME A FINAL PLAT IS RECORDED. FOR MULTI-PHASE PROJECTS, THE FINAL ALLOCATION SHALL BE BY PHASE. NO FURTHER REALLOCATION OF IMPERVIOUS SURFACE COVERAGE FOR LOTS IN TINS USE AREA SHALL BE ALLOWED AFTER THE FINAL PLAT HAS BEEN RECORDED." AFFIRMATIVE ALL The Board agreed to approve Sections 1, 5, 6, S, 9, 11, 13, 15,16, 17, 18, 19, 20, 21, 22, 23 as recommended by the town staff. MOTION WAS MADE BY ALEX ZAFFRON AND SECONDED BY JOAL HALL BROUN TO ADOPT THE ORDINANCE ENTITLED, "AN ORDINANCE AMENDING THE LAND USE ORDINANCE PROVISIONS RELATING TO VII;LAGE MIXED-USE AND OFFICE/ASSEMBLY DEVELOPMENTS, SUBJECT TO THE ABOVE REVISIONS." VOTE: AFFIRMATIVE ALL r Carrboro Board of Aldermen Page 5 1vIaY 28, ~~~