ORD-2009-139 Zoning Ordinance Text Amendment Relating to Outdoor Lighting

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a,Q;v - z r o 5-~ 3 s 5. Public Hearings `~~' a. Zoning Ordinance Text Amendment Relating to Outdoor Lighting The Board received the Planning Board recommendation on astaff-initiated Zoning Ordinance Text Amendment to Section 6.31 Outdoor Lighting Standards of the Zoning Ordinance and considered a decision on adoption. Planner Michael Harvey introduced this item and went over the attachments. This item was presented at the August 24, 2009 Quarterly Public Hearing. Staff is proposing to tighten up the plan submittal requirements to require more information from non-residential developers. The current ordinance is not specific enough. Language has been added to address Commissioner Yuhasz's concern relating to the review of single-family duplex residential development, stipulating that they are not required or mandated to submit formal lighting plans or light data sheets as contained within the attachment. The staff has begun the process of trying to differentiate between non-residential developments within urbanizing and rural portions of the County. The Planning Board recommended several modifications to the definition sections. It was staff's determination that if those items were not advertised specifically, they could not incorporate them into this amendment packet. The Planning Board agreed to allow staff to incorporate those proposed changes into the revised sections for the UDO. There are also amendments to the ordinance for lighting in rural areas of the County and firm deadlines for when lights have to be turned off. The recommendation by the Planning Board is to adopt the ordinance amendment as contained in Attachment 1. Commissioner Gordon noted that the Planning Board made many good suggestions. She asked if these would be addressed later.. Michael Harvey said that these comments would be coming back. Commissioner Jacobs made reference to 6.31.9 on page 14, the third line, and said that the word "while" does not need to be there. Commissioner Jacobs said that he has repeatedly brought up the bank on NC 86 entering Hillsborough on the east side and it has lights that glare in the face of everyone that drives past all night and there is no shielding. He would like to ask the bank to shield the lights. Commissioner Jacobs said that he would like to ask the Board to ask staff to address the lighting situation in a rural area and how this would be permitted for a recreational function. He would like this addressed in the UDO process. Commissioner Yuhasz said that there is a section that deals with what items need to appear on a final plat and he asked that staff look at all items to be placed on a final plat. NO PUBLIC COMMENT. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS Commissioner Jacobs said that this is not a part of the ordinance but he would like to make a motion that, as part of developing the UDO that the County Commissioners direct staff to consider possible changes to the review process for the installation and use of lighting fixtures connected to a proposed land use. Commissioner Yuhasz seconded. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to adopt the ordinance resolution contained in Attachment 1, with changes as recommended. VOTE: UNANIMOUS 6. Regular Agenda a. Update and Recommended Actions -Solid Waste Transfer Station Site Selection The Board received updates on several issues and considered recommended actions for bringing the search process for a Solid Waste Transfer Station in Orange County to a conclusion.