ORD-2001-023 Rural Guest Establishments Zoning Ordinance Amendments

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. 1-1—�1 Planning Director Craig Benedict said that this went to public hearing on May 2e of this year. The process for a bed and breakfast involves a public hearing, return to the Planning Board, and then deliberation and consideration of adoption by the Board of County Commissioners. There were some issues identified by the Planning Board: 1) Should the applicant dedicate (in fee simple) both the property lying within the right-of-way of North Carolina 57 and the small portion on the eastern side of the right-of-way to the Department of Transportation or Orange County,prior to commencing operation. Administration is recommending that no dedication has to occur in this instance. 2)A possible requirement for a land use buffer along the highway. The Planning Director has the ability to waive that requirement in total if he so chooses. In this case, he is waiving the full`requirement and encouraging the owners of the bed and breakfast to replant some oak trees when the other oak trees get 150-200 years old. 3) Possible'lighting of the sign by solar power. There was a difference of opinion on this. The Planning Board does not agree that solar powered lighting is appropriate. Administration recommends that the sign be lighted by solar power. Administration is recommending approval of this Class A Special Use Permit. Commissioner Jacobs asked about the requirement of the Fire Marshall to examine the premises, Craig Benedict said that the requirement was a state building code issue. Planning staff cannot make any waiver of those requirements. Commissioner Jacobs was just wondering if the visit by the Fire Marshall has been coordinated. The staff will make sure that the communication is ongoing and not at the last minute. Chair Halkiotis mentioned the importance of bringing together all of the code enforcement officials so that all activity is done at one time. Chair Halkiotis said that he is pleased that the County is proactively promoting solar powered lighting. Betty Davidson, owner of the Olive Branch i'nn, read a prepared statement: In summary, she thanked the Board of County Commissioners and the Planning Board for their support during the public hearing on May 29th- She highlighted the recommendations of the Planning Board including eliminating the solar lighting requirement, eliminating the fee simple right-of-way dedication condition, and a complete waiver of the landscape requirement. She pointed out that the solar lighting would be very expensive for her. She has hired an artist to design a sign that is most appropriate for the Clive Branch Inn. She said that perhaps solar lighting was best used by larger businesses with larger resources. She is also concerned about the unsightliness of the solar units. She also said that Fire Marshall Mike Tapp was scheduled to visit her property on Thursday,August 23d. He has not yet visited her property. She is going above and beyond what the County fire code requires. She is also having trouble getting in touch with Derrick Dixon, NCDOT Driveway Permitting Agent regarding the commercial driveway permit requirement. Chair Halkiotis made reference to the solar lighting and offered to work with Ms. Davidson on alternatives. He said that he never intended that she spend.a lot of money for solar lighting or have an unsightly solar unit or panel on top of the sign. He asked her to work with him and Craig Benedict to look at some other options. Commissioner Brown said that it would be nice if the County would purchase solar lighting for its buildings before requiring citizens to do it. Betty Davidson said that she would like to open in October and have a lit sign in the evening by Christmas. Commissioner Jacobs appreciates what Chair Halkiotis and Commissioner Brown have said about solar lighting for signs. The Commission for the Environment has been discussing light pollution and it would seem that the Planning Board has some interest in this also. He said that maybe those boards might want to coordinate their thinking and try to look at how to approach requirements for development and special use permits in order to let people know in advance what is required. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve the Class Special Use Permit in accordance with the Administration Resolution,which is incorporated herein by reference and to have item #1 set aside for further evaluation(solar powered lighting). VOTE: UNANIMOUS b. Rural Guest Establishments Zoning Ordinance Amendments The Board considered proposed rural guest establishment amendments to the County's