Item:
Title
Unified Development Ordinance Text Amendment, Outdoor Lighting (TC1900002) (15min)
Body
Date of BOCC Meeting: January 27, 2020
Request for Board Action:
Agenda Text
The Board is requested to conduct a public hearing and receive public comments on the Unified Development Ordinance Text Amendment, Outdoor Lighting (TC1900002); and
First Motion: To adopt the appropriate Statement of Consistency pursuant to NCGS §153A-341; and
Second Motion: To adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to amend Article 7, Design Standards.
Summary: Text Amendment TC1900002 is a privately-initiated request to amend Unified Development Ordinance (UDO) paragraph 7.4.2B.2, Outdoor Lighting, Applicability. Currently, per paragraph 7.4.2B.2, outdoor lighting that is used exclusively for recreational activities, is at least 100 feet from residential uses, and is not illuminated during late hours is exempt from the lighting standards set in place by Section 7.4. This amendment would allow lighting that operates during late hours to maintain its exemption from the standards of Section 7.4, provided that a minor special use permit (mSUP) is issued by the Durham City-County Board of Adjustment (BOA). Per the proposed text amendment, review criteria related to lighting (glare, traffic safety, economic effect, and compatibility with adjacent property) would have to be adequately addressed in the minor special use permit hearing. In addition to the minor special use permit, lighting that is illuminated during late hours would still have to be an exclusively recreational use and be at least 100 feet from residential uses to maintain its exemption from Section 7.4. Finally, even with the approval of a mSUP, the expansion of the allowable hours of illumination would be capped at 5:00 a.m. for Friday and Saturday, and 3:00 a.m. for Sunday through Thursday, and this expansion of hours of illumination would only be available to development on parcels in the Industrial (I), Industrial Light (IL), and Industrial Park (IP) zoning districts. See Attachment C for the proposed ordinance language.
Attachment:
Attachment A: TC1900002 Application
Attachment B: Statement of Consistency Pursuant to NCGS § 153A-341
Attachment C: An Ordinance to Amend the Unified Development Ordinance Regarding Outdoor Lighting (TC1900002)
Attachment D: Planning Commission Comments
Alignment with Strategic Plan: The text amendment emphasizes Goal 4 (Community Prosperity) by offering fair and reasonable regulations for the citizens and business community of Durham while adhering to Goal 5 (Accountable, Efficient, and Visionary Government) by maintaining a transparent government and welcoming public input.
Resource Persons: Carl Kolosna, AICP, Senior Planner, and Patrick Young, AICP, Planning Director
County Manager’s Recommendation: The County Manager recommends that the Board conduct a public hearing on the proposed Unified Development Ordinance text amendment and, if appropriate based on the comments received during the hearing, adopt the appropriate Statement of Consistency and approve the amendment.
Signature
County Manager: ____________________________