INC NEWS - INC-list Digest, Vol 26, Issue 1
Duke, Frank
Frank.Duke at durhamnc.gov
Thu Feb 1 08:45:34 EST 2007
I wanted to provide a few clarifications of the revisions to the
Technical Changes to the UDO that are proposed. Looking only at the four
issues that are cited from Pat:
(1) The changes to Home Occupations are for compliance with federal law
and to address an inconsistency between the provisions for day care
homes and home occupations. The Americans with Disabilities Act requires
modifications to places of business to accommodate the needs of the
disabled; the existing ordinance prohibits such modifications. The
existing ordinance prohibits home occupations from using any outdoor
areas for the occupation, but requires day care homes (a home
occupation) to provide outdoor play area. The issue of the size of a
house used for home occupations is on the agenda of the Joint
City-County Planning Committee on February 7.
(2) The Major Thoroughfare Density Bonus is not new. It was adopted with
the UDO. The revision deletes the existing bonus and replaces it with
the ability to utilize townhomes along major thoroughfares utilizing the
infill standards of the ordinance and avoid the pressure to convert such
property to non-residential uses.
(3) The townhome provisions address the problem that townhomes were
inadvertently eliminated as an option in urban areas under the UDO as a
result of the density caps that were imposed. It provides that townhomes
may be utilized by right where they can serve as a transitional buffer
between non-residential uses (retail) and single-family homes and
thereby stop the commercial creep into single-family communities.
(4) The wireless provisions are a reorganization of the existing
provisions that were adopted in 2004. The existing organization of this
section does not work well, so the section is being reorganized so that
people can better see what is required for each type of wireless
facility.
Frank Duke, AICP
City-County Planning Director
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Today's Topics:
1. INC NEWS - UDO Text Amendment TC06-06 (RW Pickle)
2. Re: INC NEWS - UDO Text Amendment TC06-06 (pat carstensen)
3. INC NEWS - DRAFT January Minutes (pat carstensen)
4. Re: INC NEWS - UDO Text Amendment TC06-06 (RW Pickle)
5. INC NEWS - Durham Athletic Park Public Meeting (Smith, Annette)
----------------------------------------------------------------------
Message: 1
Date: Wed, 31 Jan 2007 15:40:46 -0500 (EST)
From: "RW Pickle" <randy at 27beverly.com>
Subject: INC NEWS - UDO Text Amendment TC06-06
To: inc-list at durhaminc.org
Cc: fhna-list at fhnanews.com
Message-ID:
<49167.71.111.228.191.1170276046.squirrel at webmail.patriot.net>
Content-Type: text/plain;charset=iso-8859-1
UDO Revisions ? Technical Changes
Forwarded per Planning Dept. request.
RWP
27 Beverly
http://www.ci.durham.nc.us/businesses/ordinance.cfm
Please advise interested members of your organization of the proposed
changes to the text of the Durham Unified Development Ordinance (UDO):
??????????????? ?????????????? Text Change 06-06 proposes technical
changes to the following issues:
Public Notice Requirements; Administrative Withdrawals; Plan Amendment
Processes; Development Plans in the Compact Neighborhood Tier; Allowable
Uses in the GC District; Wireless Communication Facility Standards; Home
Occupation Standards; Swimming Pool Fencing Standards; RS-M Standards
for
Lot Size and Open Space; Urban Tier Townhome Standards; Urban, Compact
Neighborhood and Downtown Build-to Requirements; Density Calculations;
Useable Open Space Standards; Conservation Subdivision Open Space
Standards; Protected Specimen Tree Standards; Replacement Tree
Standards;
Street Yard Buffers; Project? Boundary Buffers for Nonresidential Uses
within Residential Districts; Stormwater Sureties in the City; Downtown
Screening; Fencing around Electrical Substations; Pylon Signs; Private
Streets in Conservation Subdivisions; Bonding of Community Wastewater
Systems; Open Space Lot Standards; and the Definition of Setbacks.
??????????????? The City Council public hearing is tentatively scheduled
for February 19, 2007 at 7:00 p.m. in the City Council Chambers at 101
City Hall Plaza.? Please contact the Planning Department for
confirmation
of the hearing dates.? The proposal may be viewed at the web site listed
above.? Staff contact: Frank Duke, 560-4137 x213; email,
Frank.Duke at durhamnc.gov
Notice Under the Americans with Disabilities Act
The City of Durham will not discriminate against qualified individuals
with disabilities on the basis of disability. Anyone who requires an
auxiliary aid or service for effective communications, or assistance to
participate in a City program, service, or activity, should contact the
office of Guillermo Rodriguez, RLA,? ADA Coordinator, Voice:
919-560-4197
x237, TTY: 919-560-4809; guillermo.rodriguez at durhamnc.gov, as soon as
possible but no later than 48 hours before the scheduled event.
?
?
Wade Griffin
Planner
Durham City County Planning Department
101 City Hall Plaza
Durham NC 27701
Phone: 919-560-4137 x229
Fax??? : 919-560-4641
------------------------------
Message: 2
Date: Wed, 31 Jan 2007 18:03:04 -0500
From: "pat carstensen" <pats1717 at hotmail.com>
Subject: Re: INC NEWS - UDO Text Amendment TC06-06
To: inc-list at durhaminc.org
Cc: ed.harrison at mindspring.com
Message-ID: <BAY122-F1395F8EB278D1CCBB0BF39D9A50 at phx.gbl>
Content-Type: text/plain; format=flowed
I went through the whole 35 pages and this is what is in the revisions.
The
4 things that I saw worth discussing:
1 - Some changes on Home Occupation but not what we have been discussing
at
INC.
2 - New throrofare bonus in urban residential
B. Thoroughfare Density Bonus
Projects located along major or minor thoroughfares with rights-of-way
greater than 50 feet in width may develop as townhomes, using the
dimensional provisions of Sec. 7.1.8, Townhomes, so long as the average
width of the townhome lots is at least 20 feet. Projects developed
utilizing
this option shall meet all of the requirements of Sec. 6.8, Infill
Development in Residential Districts, where applicable, except that the
requirements regarding minimum lot width established in Sec. 6.8.2, Lot
Width, shall not apply.
3- New townhouse transition in urban residential
Sites located immediately between non-residential and single-family
residential uses may develop as townhomes, using the dimensional
provisions of Sec. 7.1.8, Townhomes, to serve as a transitional use.
Projects developed utilizing this option shall meet all of the
requirements
of Sec. 6.8, Infill Development in Residential Districts, where
applicable,
except that the requirements regarding minimum lot width established in
Sec. 6.8.2, Lot Width, shall not apply.
4 - A whole lot on wireless towers but I didn't wade through this part
------
The full list is:
* Clearer language about coordinating comp plan change and zoning change
* Deferrals and withdrawal timing is now 10 working days, not 10 days
* Applicants for zoning change have 90 days (not "timely manner") to
respond
to request from Planning Director -- we assume the application is
withdrawn
if there is no response
* On subdivision, if no revisions in response to comments in 90 days,
also
assume withdrawn
* Requirements on wireless towers have new text substituted for old
(this
takes about 1/2 the 35 pages)
* Home occupation: "where allowed" taken out (I think this is just
cleaning
up text), language added to allow alterations to comply with Americans
with
Disabilities Act, allow child care facilities to have outdoor play
equipment, some clean up on the language about home occupation in rural
residential. Note that there is no change about limits of 600 square
feet
for home occupation, as discussed at INC meetings, so anyone who feels
strongly about this should file comments.
* New provisions to allow townhouses and higher density along major and
minor thoroughfares in urban residential areas -- tho has to meet infill
requirements.
* New provisions to allow townhomes as transition between
non-residential
and single family areas (see pages 28-29)
* For non-residential zones, sometimes you need to figure out which
street
is the front street
* The height of a mansard roof is its highest flat part
* 1/3 of open space must be useable in everything but the Rural tier
* Originally you couldn't move in until stormwater approved your
stormwater
controls, but stromwater now has new policies
* Some minor langage change (adjoin to adjacent) on buffers
* Lots permanently protected will not be counted when figuring out if a
road
can be private
* You can create a non-conforming lot if it is for permanently protected
open space
Finally, how to define undefined terms is clarified
Any term not herein defined shall be as defined elsewhere in the County
or City Code or, if not defined elsewhere in the County or City Code, as
defined in Webster's New International Dictionary, most recent edition,
unless the result does not effectuate the intent of the governing
bodies,
leads to absurd or illogical results, or is inconsistent with the
surrounding textual context.
Regards, pat
>From: "RW Pickle" <randy at 27beverly.com>
>To: inc-list at durhaminc.org
>CC: fhna-list at fhnanews.com
>Subject: INC NEWS - UDO Text Amendment TC06-06
>Date: Wed, 31 Jan 2007 15:40:46 -0500 (EST)
>
>UDO Revisions - Technical Changes
>Forwarded per Planning Dept. request.
>RWP
>27 Beverly
>
>http://www.ci.durham.nc.us/businesses/ordinance.cfm
>
>Please advise interested members of your organization of the proposed
>changes to the text of the Durham Unified Development Ordinance (UDO):
> * Text Change 06-06 proposes technical
>changes to the following issues:
>Public Notice Requirements; Administrative Withdrawals; Plan Amendment
>Processes; Development Plans in the Compact Neighborhood Tier;
Allowable
>Uses in the GC District; Wireless Communication Facility Standards;
Home
>Occupation Standards; Swimming Pool Fencing Standards; RS-M Standards
for
>Lot Size and Open Space; Urban Tier Townhome Standards; Urban, Compact
>Neighborhood and Downtown Build-to Requirements; Density Calculations;
>Useable Open Space Standards; Conservation Subdivision Open Space
>Standards; Protected Specimen Tree Standards; Replacement Tree
Standards;
>Street Yard Buffers; Project Boundary Buffers for Nonresidential Uses
>within Residential Districts; Stormwater Sureties in the City; Downtown
>Screening; Fencing around Electrical Substations; Pylon Signs; Private
>Streets in Conservation Subdivisions; Bonding of Community Wastewater
>Systems; Open Space Lot Standards; and the Definition of Setbacks.
> The City Council public hearing is tentatively
scheduled
>for February 19, 2007 at 7:00 p.m. in the City Council Chambers at 101
>City Hall Plaza. Please contact the Planning Department for
confirmation
>of the hearing dates. The proposal may be viewed at the web site
listed
>above. Staff contact: Frank Duke, 560-4137 x213; email,
>Frank.Duke at durhamnc.gov
>Notice Under the Americans with Disabilities Act
>The City of Durham will not discriminate against qualified individuals
>with disabilities on the basis of disability. Anyone who requires an
>auxiliary aid or service for effective communications, or assistance to
>participate in a City program, service, or activity, should contact the
>office of Guillermo Rodriguez, RLA, ADA Coordinator, Voice:
919-560-4197
>x237, TTY: 919-560-4809; guillermo.rodriguez at durhamnc.gov, as soon as
>possible but no later than 48 hours before the scheduled event.
>
>
>Wade Griffin
>Planner
>Durham City County Planning Department
>101 City Hall Plaza
>Durham NC 27701
>Phone: 919-560-4137 x229
>Fax : 919-560-4641
>
>
>_______________________________________________
>INC-list mailing list
>INC-list at rtpnet.org
>http://lists.deltaforce.net/mailman/listinfo/inc-list
_________________________________________________________________
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------------------------------
Message: 3
Date: Wed, 31 Jan 2007 18:51:07 -0500
From: "pat carstensen" <pats1717 at hotmail.com>
Subject: INC NEWS - DRAFT January Minutes
To: inc-list at durhaminc.org
Message-ID: <BAY122-F227E96025804C4BD8BC9BED9A50 at phx.gbl>
Content-Type: text/plain; format=flowed
Inter-Neighborhood Council
www.DurhamINC.org
Minutes of Meeting of January 23, 2007
REPRESENTATIVES PRESENT
David Harris Old Farm Neighborhood Association
Baldwin H. Gammage Old Farm Neighborhood Association
Fran Lerner Colony Park
Janet Hitti Parkwood
Ray Gronberg Parkwood
Mitchell Archer Neighborhood Improvement Services
Randy Pickle Forest Hills
Risa Foster Trinity Heights
Sue Holliday Trinity Heights
Melissa Rooney Fairfield
Barry Ragin Duke Park NA
Bill Anderson Duke Park
Michael Shiflett Northgate Park NA
Jana Alexander Durham County Library
Bobbe Deason Morehead Hills NA
Earl Phillips City of Durham, Dept. of Community Dev.
Craigie Sanders Grove Park
Pat Carstensen Cross County
Courtney James Forest Hills Neighborhood Assoc.
Joe Chambliss Forest Hills Neighborhood Assoc.
Jim Ellenson Old North Durham
Thelma Glenn White Emorywood Estates
Johnnie McCall Emorywood Estates
Nelson Kerr Locknora
Christina Tookes City of Durham, Solid Waste
Mike SImpson City of Durham, Solid Waste
Robert Williams City of Durham, Solid Waste
Donald Long City of Durham, Solid Waste
Randy Smith City of Durham, Solid Waste
Introductions - President David Harris opened the meeting. Members
introduced themselves.
East End Connector - An Environmental Impact Statement was done in 1982,
so
they are going back to re-look at all 4 alternatives examined then. This
is
the beginning of a long process; the road would not be done until 2012.
Models show it will take 20-23K trips per day off through-town routes.
NC-DOT has just updated its noise mitigation policy; a computer model
allocates money to each "affected receptor" and if the total allocated
is
enough for a wall, they build one. For more information on the East End
Connector or to comment: http://www.ncdot.org/projects/eastendconnector/
Yard Waste - What they have heard is that citizens are not happy with
the
current system. They will be proposing to charge everyone (except the
elderly and some other exemptions) about $52 / year and roll out
universal
collection over three years. If people bought extra carts, they can put
out
up to four carts. Educating residents not to put their leaves in the
gutter
is also a major objective. The website should be updated about when
they
are doing leaf pick-up. If you are concerned about losing your cart,
put
you ADDRESS on it and under the lid.
Development Review Process - There are three teams looking at
Development
Review Process: improving submittal, customer service / communications,
and
review of overall process. Raleigh is investigating the idea of having
an
ombudsman. Some neighborhoods expressed frustration with getting
information from Planning Department (they had to go downtown and then
the
information they wanted wasn't available that day). Craigie will
represent
INC on the process review team.
Testing Water - Two new bits of information: You may have metal pipes
even
if what you see under your sink is plastic; you need to look under the
house
or around the hot water heater. Also, the aerator in the faucet can
trap
lead and should be cleaned out periodically. Folks from the Water
Department will be at the February meeting to talk about how we can help
get
the word out on lead.
Library Committee - If you would like to be nominated to it, let Pat
know.
Home Occupation Space in the UDO - We will vote on the following amended
version next month:
Whereas, a home occupation, or business, is supposed to be incidental to
the
primary residential use of a home;
And whereas, the UDO limits the square footage to 30% of the floor area
of
the livable portion of a home, and the old ordinance had both a
percentage
limit and a total square footage limit;
And whereas, 30% of a 3000 square foot home is 900 square feet, which
would
be a 30' x 30' area;
We, the InterNeighborhood Council of Durham resolve that Article 5 of
the
UDO should be amended to limit the total square footage devoted to home
occupation to the smaller of 30% of the livable portion of the home or
600
square feet.
Other Items
1. We approved the November minutes. We have $45.07 in checking and
$2161.82 in savings. Neighborhoods that have not already done so are
urged
to pay their dues.
2. Mike Shiflett represents INC and Durham on the Community Association
Volunteer Committee (a national group) of the Community Association
Institute.
The meeting was adjourned.
_________________________________________________________________
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------------------------------
Message: 4
Date: Wed, 31 Jan 2007 19:39:48 -0500 (EST)
From: "RW Pickle" <randy at 27beverly.com>
Subject: Re: INC NEWS - UDO Text Amendment TC06-06
To: inc-list at durhaminc.org
Message-ID:
<49164.71.111.228.191.1170290388.squirrel at webmail.patriot.net>
Content-Type: text/plain;charset=iso-8859-1
The size requirement cap (relative to home occupation) we have been
talking about will not start its journey through the process until next
week. That's why it isn't on the list. The only stuff under
consideration
is stuff that has already been through all the processes to get to where
it is at this meeting. These are legal changes to written ordinances and
have a legal process they have to follow; notifications, publication,
comments, etc.
RWP
27 Beverly
> I went through the whole 35 pages and this is what is in the
revisions.
> The
> 4 things that I saw worth discussing:
>
> 1 - Some changes on Home Occupation but not what we have been
discussing
> at
> INC.
>
> 2 - New throrofare bonus in urban residential
> B. Thoroughfare Density Bonus
> Projects located along major or minor thoroughfares with rights-of-way
> greater than 50 feet in width may develop as townhomes, using the
> dimensional provisions of Sec. 7.1.8, Townhomes, so long as the
average
> width of the townhome lots is at least 20 feet. Projects developed
> utilizing
> this option shall meet all of the requirements of Sec. 6.8, Infill
> Development in Residential Districts, where applicable, except that
the
> requirements regarding minimum lot width established in Sec. 6.8.2,
Lot
> Width, shall not apply.
>
> 3- New townhouse transition in urban residential
>
> Sites located immediately between non-residential and single-family
> residential uses may develop as townhomes, using the dimensional
> provisions of Sec. 7.1.8, Townhomes, to serve as a transitional use.
> Projects developed utilizing this option shall meet all of the
> requirements
> of Sec. 6.8, Infill Development in Residential Districts, where
> applicable,
> except that the requirements regarding minimum lot width established
in
> Sec. 6.8.2, Lot Width, shall not apply.
>
> 4 - A whole lot on wireless towers but I didn't wade through this part
>
>
> ------
> The full list is:
> * Clearer language about coordinating comp plan change and zoning
change
> * Deferrals and withdrawal timing is now 10 working days, not 10 days
> * Applicants for zoning change have 90 days (not "timely manner") to
> respond
> to request from Planning Director -- we assume the application is
> withdrawn
> if there is no response
> * On subdivision, if no revisions in response to comments in 90 days,
also
> assume withdrawn
> * Requirements on wireless towers have new text substituted for old
(this
> takes about 1/2 the 35 pages)
> * Home occupation: "where allowed" taken out (I think this is just
> cleaning
> up text), language added to allow alterations to comply with Americans
> with
> Disabilities Act, allow child care facilities to have outdoor play
> equipment, some clean up on the language about home occupation in
rural
> residential. Note that there is no change about limits of 600 square
feet
> for home occupation, as discussed at INC meetings, so anyone who feels
> strongly about this should file comments.
> * New provisions to allow townhouses and higher density along major
and
> minor thoroughfares in urban residential areas -- tho has to meet
infill
> requirements.
> * New provisions to allow townhomes as transition between
non-residential
> and single family areas (see pages 28-29)
> * For non-residential zones, sometimes you need to figure out which
street
> is the front street
> * The height of a mansard roof is its highest flat part
> * 1/3 of open space must be useable in everything but the Rural tier
> * Originally you couldn't move in until stormwater approved your
> stormwater
> controls, but stromwater now has new policies
> * Some minor langage change (adjoin to adjacent) on buffers
> * Lots permanently protected will not be counted when figuring out if
a
> road
> can be private
> * You can create a non-conforming lot if it is for permanently
protected
> open space
>
> Finally, how to define undefined terms is clarified
> Any term not herein defined shall be as defined elsewhere in the
County
> or City Code or, if not defined elsewhere in the County or City Code,
as
> defined in Webster's New International Dictionary, most recent
edition,
> unless the result does not effectuate the intent of the governing
bodies,
> leads to absurd or illogical results, or is inconsistent with the
> surrounding textual context.
>
> Regards, pat
>
>
>
>
>>From: "RW Pickle" <randy at 27beverly.com>
>>To: inc-list at durhaminc.org
>>CC: fhna-list at fhnanews.com
>>Subject: INC NEWS - UDO Text Amendment TC06-06
>>Date: Wed, 31 Jan 2007 15:40:46 -0500 (EST)
>>
>>UDO Revisions ? Technical Changes
>>Forwarded per Planning Dept. request.
>>RWP
>>27 Beverly
>>
>>http://www.ci.durham.nc.us/businesses/ordinance.cfm
>>
>>Please advise interested members of your organization of the proposed
>>changes to the text of the Durham Unified Development Ordinance (UDO):
>> ? Text Change 06-06 proposes technical
>>changes to the following issues:
>>Public Notice Requirements; Administrative Withdrawals; Plan Amendment
>>Processes; Development Plans in the Compact Neighborhood Tier;
Allowable
>>Uses in the GC District; Wireless Communication Facility Standards;
Home
>>Occupation Standards; Swimming Pool Fencing Standards; RS-M Standards
for
>>Lot Size and Open Space; Urban Tier Townhome Standards; Urban, Compact
>>Neighborhood and Downtown Build-to Requirements; Density Calculations;
>>Useable Open Space Standards; Conservation Subdivision Open Space
>>Standards; Protected Specimen Tree Standards; Replacement Tree
Standards;
>>Street Yard Buffers; Project Boundary Buffers for Nonresidential Uses
>>within Residential Districts; Stormwater Sureties in the City;
Downtown
>>Screening; Fencing around Electrical Substations; Pylon Signs; Private
>>Streets in Conservation Subdivisions; Bonding of Community Wastewater
>>Systems; Open Space Lot Standards; and the Definition of Setbacks.
>> The City Council public hearing is tentatively
scheduled
>>for February 19, 2007 at 7:00 p.m. in the City Council Chambers at 101
>>City Hall Plaza. Please contact the Planning Department for
confirmation
>>of the hearing dates. The proposal may be viewed at the web site
listed
>>above. Staff contact: Frank Duke, 560-4137 x213; email,
>>Frank.Duke at durhamnc.gov
>>Notice Under the Americans with Disabilities Act
>>The City of Durham will not discriminate against qualified individuals
>>with disabilities on the basis of disability. Anyone who requires an
>>auxiliary aid or service for effective communications, or assistance
to
>>participate in a City program, service, or activity, should contact
the
>>office of Guillermo Rodriguez, RLA, ADA Coordinator, Voice:
919-560-4197
>>x237, TTY: 919-560-4809; guillermo.rodriguez at durhamnc.gov, as soon as
>>possible but no later than 48 hours before the scheduled event.
>>
>>
>>Wade Griffin
>>Planner
>>Durham City County Planning Department
>>101 City Hall Plaza
>>Durham NC 27701
>>Phone: 919-560-4137 x229
>>Fax : 919-560-4641
>>
>>
>>_______________________________________________
>>INC-list mailing list
>>INC-list at rtpnet.org
>>http://lists.deltaforce.net/mailman/listinfo/inc-list
>
> _________________________________________________________________
> Laugh, share and connect with Windows Live Messenger
>
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/imagine-msn.com/messenger/launch80/default.aspx?locale=en-us&source=hmt
agline
>
> _______________________________________________
> INC-list mailing list
> INC-list at rtpnet.org
> http://lists.deltaforce.net/mailman/listinfo/inc-list
>
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------------------------------
Message: 5
Date: Thu, 1 Feb 2007 08:26:23 -0500
From: "Smith, Annette" <Annette.Smith at durhamnc.gov>
Subject: INC NEWS - Durham Athletic Park Public Meeting
To: <inc-list at rtpnet.org>
Message-ID:
<CC7C4ED6F8598C4D92AD92F8DFA2BC7103491992 at EXCHANGE2K3.durham.local>
Content-Type: text/plain; charset="us-ascii"
Durham Athletic Park Public Meeting
WHEN: Thursday, February 8, 2007 @ 6:30 pm
WHERE: City Council Chambers in City Hall
HOSTED BY: The City of Durham's Office of Economic and Workforce
Development
WE NEED YOU!
* Hear an update from Struever Bros. Eccles & Rouse and the City of
Durham about the project's status!
* Please give us your input on the project at Durham's Athletic
Park
Come and share your opinion about this important project!
For additional information call: Joy Mickle @ 919-560-4965 or email:
Joy.Mickle at durhamnc.gov
Annette L. Smith
Recreation Manager of Administrative Services
Durham Parks and Recreation
919-560-4355 x214
www.durhamnc.gov <http://www.durhamnc.gov>
Durham Parks and Recreation provides opportunities for our community to
PlayMore!
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