[Durham INC] FW: Notice for TC1100007, TC1200005, and TC1200009 for December 11, 2012, Planning Commission

[Pat Carstensen]

TC1100007 removes a lot of discretionary standard so, for 
example, now the JCCPC has to approve the administrative guidelines, 
it removes the whole section on the DRB, it removes some mandatory 
notifications of entities such as the schools, and this is just getting 
through the first couple pages of 118 pages of text.  I think we need to
 understand how this will change the development process -- perhaps 
worth getting a report at a delegate meeting?

TC12000009 gives more control about trailers at schools:
Modular School Classrooms
When modular classroom units are needed for accommodating additional enrollment at a public school facility, a temporary use permit can be issued subject to the following:
a. Documentation provided by the applicant verifies the units are needed to accommodate additional student enrollment;
b. Documentation provided by the applicant specifies the anticipated amount of time needed for the modular units;
c. A stormwater impact analysis (SIA) provided by the applicant, to be reviewed and approved by the City Public Works Department, or the County Engineering Department, as applicable, shall be submitted when units are proposed on a pervious surface. Improvements determined necessary based upon an approved SIA shall be installed prior to receiving a Certificate of Compliance for the modular units;
d. Documentation provided by the applicant that demonstrates the existing parking facilities can accommodate the additional classrooms, or additional parking spaces shall be provided, per Article 10, Off-Street Parking and Loading.
e. The temporary use permit shall be valid for a year, and can be renewed on a yearly basis provided the same documentation demonstrating conformance to Ordinance requirements is submitted.
plus they can't be in street yard and can keep being renewed as long as they meet condition (e)

TC 1200005, is about agriculture and farmer markets:
1) allow beekeeping about anywhere
2) allow commercial crop production almost anywhere with conditions (keeping your compost, fertilizer, etc. off your neighbor's property, having parking if you have permanent structures for sales, not blocking sidewalks with your displays for example)
3) clarifying a lot about farmers' markets (see below for details)

Details on Farmers’ Markets
A farmers’ market can operate with a temporary use permit as follows:
1. Unless prohibited within the committed elements of a development plan, farmers’ markets are allowed within any non-residential zoning district, and within residential zoning districts on property used as an educational facility, place of worship, park, community service facility, or government facility.
2. Temporary use permits are valid for one year and can be renewed on a yearly basis by providing the same documentation that demonstrates compliance with Ordinance standards as done with the original issuance.
3. In addition to the requirements of Sec. 3.12, Temporary Use Permit, the following shall be required:
a. On-site presence of a market manager during all hours of operation.
b. All vendors shall be producers, as defined in Sec. 16.3, Defined Terms.
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c. All products sold shall be farm products or value-added farm products.
d. Provisions for recycling and waste removal. All recycling and waste shall be removed from the premises by the termination of tear-down.
e. Hours and days of operation:
(1) Hours of operation shall be allowed between 7 a.m. and 9 p.m. but shall not exceed five hours per day. One and one-half hours before and one and one-half hours after the hours of operation are permitted for set-up and tear-down.
(2) A market shall not operate more than two days per week.
(3) An additional day per week or two additional hours per day are permitted three times a year to accommodate holidays or special events.
f. Signs: Signs are permitted as follows:
(1) Signs erected only during market hours:
(a) No sign permit is required.
(b) One sign per street frontage is allowed.
(c) The maximum sign area per sign is 24 square feet.
(d) Signs shall be set up only during the hours between the start of set-up and the end of tear-down.
(e) Sec. 11.3, Prohibited Signs, shall apply.
(2) Permanent signs:
Permanent signs shall comply with Article 11, Sign Standards, and shall be incorporated into the common signage plan of the overall development site hosting the market. If no common signage plan exists for the host site, a common signage plan shall be required.
4. Parking
a. During hours of operation, the minimum motor vehicle parking requirements for outdoor markets, pursuant to paragraph 10.3.1A.1, Minimum, shall be provided. If the zoning district has no minimum parking requirement, then no minimum parking shall apply.
(1) Except as allowed via off-site parking pursuant to paragraph (2) below, all parking shall be on-site. Required parking spaces of the host property shall be permitted to count towards required market parking so long as a document signed by the property owner and market manager demonstrates that there will be no parking demand associated with the use of the host property for the same parking spaces during the hours of operation of the farmers’ market.
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(2) Off-site parking up to five hundred (500) feet away, measured from property line of the parking area to the property line of the market site, can satisfy parking requirements subject to the following:
(a) Such parking areas shall be under the same control (by ownership or lease) as the host property or farmers’ market. A copy of the deed or lease agreement shall be provided to demonstrate compliance with this requirement.
(b) A pedestrian-safe route exists connecting the parking site and the market site, consisting of sidewalks, traffic-controlled crossings of right-of-way, with no crossing of freeways or major thoroughfares.


Subject: Notice for TC1100007, TC1200005, and TC1200009 for December 11, 2012, Planning Commission 
Date: Wed, 21 Nov 2012 14:20:05 -0500
From: Wade.Griffin at durhamnc.gov

Please be advised of the upcoming Durham Planning commission public hearings on proposed changes to the text of the Durham Unified Development Ordinance (UDO):   Text amendment TC1100007 proposes revisions throughout the Ordinance to remove discretionary standards. The changes affect most articles in the UDO and are required due to state statute. In most cases, supplementary requirements, quasi-judicial approval, or in some cases both, are proposed to replace the discretionary provision. Text amendment TC1200005 proposes changes to Article 5, Use Regulations, Article 7, Design Standards; Article 9, Landscaping and Buffering; Article 10, Off-Street Parking and Loading; and Article 16, Definitions, to establish regulations for farmers’ markets and crop production within the City limits. Text amendment TC1200009 proposes changes to Article 5, Use Regulations, to establish temporary use regulations for temporary modular school classroom units. The Durham Planning Commission will hold the public hearings on Tuesday, December 11, 2012, at 5:30 p.m. in the City Council Chambers at 101 City Hall Plaza, 1st Floor.   Agenda materials will be available online by November 29, 2012. The text of the proposed change may be viewed at http://durhamnc.gov/ich/cb/ccpd/Pages/Text%20Amendments/Pending-Text-Amendments.aspx.  Interested parties may appear and speak at the public hearing.  Substantial changes to the proposed actions may be made following the public hearing. For more information please contact Michael Stock, 560-4137 x28227; Michael.Stock at DurhamNC.gov. Notice Under the Americans with Disabilities Act - A person with a disability may receive an auxiliary aid or service to effectively participate in city government activities by contacting the ADA Coordinator, voice 919-560-4197, fax 560-4196, TTY 919-560-1200, or ADA at durhamnc.gov, as soon as possible but no later than 48 hours before the event or deadline date.      Wade GriffinPlannerDurham City/County Planning Department101 City Hall PlazaDurham NC 27701Phone: 919-560-4137 x28229Fax    : 919-560-4641www.durhamnc.gov/departments/planning  		 	   		  
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