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Agenda - 12-07-2009 - 5a
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Agenda - 12-07-2009 - 5a
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12/9/2009 10:00:06 AM
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12/4/2009 2:25:53 PM
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BOCC
Date
12/7/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5a
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Minutes - 20091207
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
ORD-2009-139 -An Ordinance Amending the Orange County Zoning Ordinance
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Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2009
ORD-2009-139 Zoning Ordinance Text Amendment Relating to Outdoor Lighting
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\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2009
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2 <br />• Attachment Five (5) for the Planning Board abstract from the November 4, 2009 <br />regular meeting where staff provided a detailed breakdown of various issues associated <br />with this proposed amendment including a breakdown of existing lighting levels at non- <br />residential developments within the County. <br />In reviewing this information staff offers the following observations: <br />1. Staff's original recommendation was to establish an overall lighting cap on non-residential <br />development within urban and rural areas of the County. In developing this cap, staff <br />relied on permit data entered by various staff for approved non-residential projects. <br />Prior to the November 4, 2009 Planning Board meeting, staff discovered that the data <br />utilized to create this proposed limit was incorrectly recorded and, as a result, the <br />assumptions on existing lighting levels was incorrect. <br />Staff recommended to the Planning Board that the lumen cap as originally recommended <br />for Section 6.31.6 (a) be removed. <br />2. At the Quarterly Public Hearing, a local resident requested that the Ordinance be <br />amended to require the issuance of a Special Use Permit prior to allowing for the erection <br />and use of outdoor sports field lighting. <br />As staff indicated during the public hearing, the installation and use of such lighting <br />fixtures is connected to a proposed land use. It is staff's opinion that, in order to be <br />consistent with the various existing standards of the Ordinance, those land uses that <br />utilize such fixtures need to be reassessed to determine if they ought to be reviewed <br />under the Special Use Permit process. <br />3. Planning Board members made several recommendations to modify specific sections of <br />the lighting Ordinance, specifically modifications to: <br />a. Section 6.31.1 Purpose and Intent <br />b. Section 6.31.2 Definitions <br />c. Section 6.31.3 Applicability <br />d. Section 6.31.4 Exceptions <br />Given the limited and specific nature of the public hearing advertisement (See <br />Attachment Two), the majority of these recommendations cannot be included within this <br />amendment package. These suggestions will be further reviewed by staff and <br />incorporated into the proposed modification of outdoor lighting regulations that will be part <br />of the Unified Development Ordinance (UDO) process. <br />4. Staff has included language clarifying the intent not to require single-family residential <br />structures to submit detailed lighting plans. Further amendments will be necessary to <br />eliminate all identified inconsistencies within the Ordinance relating to this topic. <br />PLANNING BOARD REVIEW: The Planning Board voted eight (8) to (1) to recommend the <br />following: <br />1. The deletion of proposed regulations establishing a lighting lumen cap on non-residential <br />development as originally recommended by staff at the Quarterly Public Hearing, <br />2. The adoption of the proposed amendments as recommended by staff, and <br />3. That staff continue to revise existing lighting regulations to address Board members <br />comments as part of the UDO project. <br />
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