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Z ONING B OARD A GENDA MARCH 27, 2017, 7:00PM, SFD COMMUNITY CENTER 1. Call to order 2. Introductions 3. Consent agenda: A. Meeting agenda B. Adoption of 02/27/17 minutes 4. Request for exemption to the requirements of Article 6-6.4 Light Trespass for Birkhaven 5. Other business (as needed) 6. Adjourn

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Z O N I N G B O A R D A G E N D A

MARCH 27, 2017, 7:00PM, SFD COMMUNITY CENTER

1. Call to order

2. Introductions

3. Consent agenda:

A. Meeting agenda B. Adoption of 02/27/17 minutes

4. Request for exemption to the requirements of Article 6-6.4 Light Trespass for Birkhaven

5. Other business (as needed)

6. Adjourn

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Z O N I N G B O A R D M I N U T E S

January 23, 2016, 7:00pm, SFD Community Center

Hess opened the meeting at 7:00pm. The following were present:

Planning and Zoning Board Staff Nancy Hess, Chair Carrie Spencer, Planning Director Richard (Dick) Feulner Scott Whitaker, Town Manager George (Jeff) Davis Valarie Halvorsen, Town Clerk

Kathy Rooney William Hill, Town Attorney Trudy Whitacre CONSENT AGENDA: Feulner motioned to approve the consent agenda including the agenda as amended and the 12/19/16 minutes, seconded by Davis which carried 4 to 0 (Whitacre abstained). PUBLIC HEARING: TEXT AMENDMENT TA-2016-01: Spencer gave background of information, explained the proposed approval process, and noted the amendment satisfied at least 20 of the action items in the Comprehensive Plan.

Hess opened the public hearing at 7:58pm, following a period of questions and answers.

Proponents

The following people spoke in favor of the text amendment:

Greg Johns of 7450 Strader Rd Mark Goldsmith of Jamestown Brantley Williams of 4204 Joseph Hoskins Rd John Van Kemp of 7275 Wyatt Dr Misty McCall of 204 Fisher Park Circle, GSO David Couch of 6791 Meadow View Dr Norman Klick of 5 Owls Roost Ct, GSO Morgan Nida of 3200 Pleasant Ridge Rd Lauren Stigall of 5 Snow Rd, Greensboro Daniel Johnson of 3203 Pleasant Ridge Rd Mark Ruffin of 3220 Pleasant Ridge Rd Jeanie Hodge of 5803 Francis Marie Ct Martha Pfieffer of 814 James Doak Pkwy, GSO Linda Southard of 4009 Oak Ridge Rd Holly Summers of 5100 Acorn Forest Rd, GSO Garrett Spencer of 8305 N Scamper Grey Ct Brian Burnham of 3305 Squirrel Chase Dr Cinnamon Pritchard of 7801 Wilson Farm Rd Michael Boyer of 6502 Birkdale Dr, GSO Paul Milam of 22 Loch Ridge Dr, GSO Deborah Proehl-Moser of 6795 Meadow View Dr Jennifer Conner of 5804 Francis Marie Ct Ken Miller of 6367 Lake Brandt Rd Stafford Moser of 6795 Meadow View Dr Gene Leggett of 6322 Ridge Haven Rd, GSO

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Proponents noted growth was inevitable and PD zoning would allow for control of growth, more housing options for young professionals and retirees and those employed locally who currently cannot afford to live in the area where they work, greater sustainability of natural resources, more open space, walkability, and more diversity among residents.

Opponents

The following people spoke against the text amendment:

Kim Jones of 5704 Snow Hill Dr Mark Mortensen of 6110 Percheron Trl Judy King of 6109 Gywnedd Rd JoAndra Prioa of 3306 Squirrel Chase Dr Carla Bluitt of 7807 Toscana Trce Keith McClain of 6920 Wooden Rail Ln Amber Best of 7990 Witty Rd Melissa Wooden of 7603 Martha Lynn Pl Teresa Pegram 7401 Greenlawn Dr Dwayne Crawford of 1106 NC 150 W Cynthia Sudermann of 7642 Henson Forest Dr Jennifer Snyder of 5697 Snow Hill Dr Greg Gorsuch of 4304 Agliano Ter Deborah Napper of 7505 Greenlawn Dr Cheri Pikett of 7804 Robinson Rd Elizabeth McClellan of 7 Lentz Ct Paul Poole of 7356 Henson Forest Dr Lee Haywood of 7203 Macintosh Pl Daniel Miller of 7501 Strader Rd

Opponents spoke of the negative impacts of higher density on schools, roads, water/sewer, and home values, and noted .73 density has served Summerfield well for many years. Opponents also noted concern over uses that could be permitted.

Neutral

John Dwyer of 5902 Mary Hall Ct Frank Ficca of 6300 Wescott Dr Jan Cook of 5902 Henson Farm Rd Don Wendelken 3406 Windswept Gary Graham of 6902 Wooden Rail Ln John Adams of 5999 Morganshire Dr Lee Swanson of 5804 Snow Hill Dr

Neutral speakers recommended consideration of infrastructure needs and to “not put the cart before the horse”.

Hess closed public hearing at 9:55 pm.

Board Discussion (following break from 9:55 to 10:07)

Davis asked Spencer how the concerns of the opposing speakers would be addressed. Spencer stated PD zoning allows for greater water recharge than current zoning, uses consolidated rather than individual water/sewer systems, density is left flexible so best practices for the land and surrounding area can be implemented, and a Technical Review Committee (TRC) consisting of representatives from NCDOT, Fire Department, Guilford County water/sewer, Sheriff’s Department, and others would be consulted prior to approval. Other discussion items included “complete streets”, the required resource map, and that water availability self-regulates density. By

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consensus, it was decided to add that action/recommendation by the TRC is final unless appealed within 10 days.

Whitacre motioned to approve Text Amendment TA-2016-01 with the addition of a 10 day appeal option, based on consistency with policy areas 5 and 6 of the Comprehensive Plan and being reasonable and in the public interest based on compatibility with the Comprehensive Plan. The motion was seconded by Feulner and carried 4 to 1, Davis opposed. With no other business before the board, Feulner motioned to adjourn at 10:46pm, seconded by Davis, which carried unanimously. ________________________________ ________________________________ Nancy Hess, Chair Valarie Halvorsen, Town Clerk

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TO: Zoning Board

FROM: Planning Director

DATE: March 27, 2017

RE: Birkhaven – Request for exemption to lighting ordinance

A. Actions Requested by Zoning Board

Approve, Conditionally Approve, Deny, or Defer request. The Development Ordinance requires the Zoning Board to create a written finding that there are conditions warranting the exemption and that there are no conforming fixtures that would suffice.

B. Application and Background

The applicant, Venn-Birkhaven LLC, is requesting an exemption to the requirements of the lighting ordinance for street lighting in Birkhaven Phases 3, 5, 6, and 7.

Birkhaven is an existing subdivision accessed from Birkhaven Dr. off Oak Ridge Rd about a mile west of the intersection with the new I73.

The lighting already installed in 25 locations throughout the subdivision, and proposed for the remainder of the development is not in compliance with the lighting ordinance requirements for full shielding. There is no permit on file for the existing lighting. The applicant is requesting an exemption that would allow them to keep the existing street lights and install additional lights that maintain a consistent design throughout the subdivision.

C. Compliance with Adopted Plans and Staff Recommendation

Staff finds this request consistent with the Town’s adopted Comprehensive Plan and with the Development Ordinance lighting requirements except for the specific shielding requirements.

• Attractive Community Appearance Policy 8.1: EXTERIOR LIGHTING should be attractive, functional, and safety conscious, and shall be designed and shielded to avoid negative impacts on the night sky visibility of Summerfield.

The proposed fixtures are designed to limit uplighting and do not create a negative impact on the night sky visibility of the area. Staff therefore recommends approval of the request as presented. D. Attachments

1. Request with subdivision, lighting locations, and fixture specifications.

2. Lighting Regulation from the Development Ordinance

Fixture Specifications

DELUXE ACORN

IES Photometric file DE10mhDacorn.ies

Initial Lamp lumens 9000

Light Loss Factor 0.70

Lamp Wattage 100

Lamp Source Metal Halide

Mtg Height 12 ft

Colors Black

Grid spacing 6 ft.

ISO Template lines

Light Blue NA

Green NA

Dark Blue 0.5 FC

The values shown for the ISO template lines are maintained values, based on applicable Light Loss Factor, (LLF). Values are representative of

manufacture specific photometric testing, which is subject to change without notification due to availability and product offering modifications. When evaluating photometric data note that values are approximate and will vary with the LLF and other factors, i.e. voltage variations, atmospheric

conditions, etc.

Electronic IES photometric file available upon request- Note: Design Program required for use of a photometric file

Photos are representative of fixture style. Actual products may vary slightly, fixture and photometric data subject to change due to product offering

modifications

IES ROAD REPORTPHOTOMETRIC FILENAME : DE10MHDACORN.IES

LUMINAIRE CLASSIFICATION SYSTEM (LCS) GRAPH

3%

5%

8%

11%

% Lamp Lumens

FrontBack

Uplight

0

30

60

80

90

100

30

60

80

90

100

Percent Lamp Lumens:Front: Low=0.4%, Medium=5.0%, High=10.9%, Very High=4.0%Back: Low=0.4%, Medium=5.0%, High=10.9%, Very High=4.0%Uplight: Low=2.9%, High=5.1%

Fixture Specifications

DELUXE ACORN

IES Photometric file DE10Dacorn.ies

Initial Lamp lumens 9500

Light Loss Factor 0.66

Lamp Wattage 100

Lamp Source HPS

Mtg Height 12 ft

Colors Black

Grid spacing 12 ft.

ISO Template lines

Light Blue NA

Green NA

Dark Blue 0.5 FC

The values shown for the ISO template lines are maintained values, based on applicable Light Loss Factor, (LLF). Values are representative of

manufacture specific photometric testing, which is subject to change without notification due to availability and product offering modifications. When evaluating photometric data note that values are approximate and will vary with the LLF and other factors, i.e. voltage variations, atmospheric

conditions, etc.

Electronic IES photometric file available upon request- Note: Design Program required for use of a photometric file

Photos are representative of fixture style. Actual products may vary slightly, fixture and photometric data subject to change due to product offering

modifications

IES ROAD REPORTPHOTOMETRIC FILENAME : DE10DACORN.IES

LUMINAIRE CLASSIFICATION SYSTEM (LCS) GRAPH

4%

8%

12%

16%

% Lamp Lumens

FrontBack

Uplight

0

30

60

80

90

100

30

60

80

90

100

Percent Lamp Lumens:Front: Low=0.3%, Medium=4.9%, High=15.0%, Very High=11.5%Back: Low=0.3%, Medium=5.2%, High=15.9%, Very High=12.1%Uplight: Low=2.5%, High=5.5%

©2013 Duke Energy Corporation 6/13-LU

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Deluxe Acorn LED: MH=12.00ft

HolophaneGVD 60 4K XX X X 3R FCVR XGRANVILLE II LED5 4K COB

Horizontal FootcandlesScale: 1 Inch = 25 Ft.

Light Loss Factor = 0.85Total Lumens Per Luminaire = -1

Mounting Height = 12.00 FtMaximum Calculated Value = 1.54 Fc

Arrangement: Single

Photometric Toolbox Professional Edition (c) copyright 1995-2008 by Lighting Analysts, Inc.Calculations based on published IES Methods and recommendations.Results derived from content of manufacturers photometric file.

Page 1

PHOTOMETRIC FILENAME : DELUXE ACORN LED.IES

DESCRIPTIVE INFORMATION (From Photometric File)

HolophaneGVD 60 4K XX X X 3R FCVR XGRANVILLE II LED5 4K COB

TEMPLATE SPECIFICATION

Horizontal FootcandlesScale: 1 Inch = 25 Ft.Light Loss Factor = 0.85Total Lumens Per Luminaire = -1Mounting Height = 12.00 FtMaximum Calculated Value = 1.54 FcArrangement: Single

LUMINAIRE LAYOUT INFORMATION

# X Y Z Orient Tilt Roll Spin Tilt Correction1 0.00 0.00 12.00 0.00 0.00 0.00 0.00 1.00

Photometric Toolbox Professional Edition (c) copyright 1995-2008 by Lighting Analysts, Inc.Calculations based on published IES Methods and recommendations.Results derived from content of manufacturers photometric file.

Page 2

Town of Summerfield Development Ordinance

Revisions to pp. 6-55 – 6-56 approved by Summerfield Town Council September 11, 2007Revisions to pp. 6-4 – 6-5 approved by Summerfield Town Council November 9, 2010

6 - 62

6-6 LIGHTING REGULATION

6-6.1 Conformance with Applicable Codes and Ordinance

All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this Section, and applicable provisions of the Development Ordinance and NC Building Code. Where there is conflict between the provisions of this Section and applicable provisions of the Development Ordinance, the most restrictive shall govern.

6-6.2 Approved Materials and Methods of Installation

The provisions of this Section are not intended to prevent the use of any equipment, material or method of installation not specifically prescribed by this section provided the Zoning Board has approved the alternative. The Zoning Board may approve any such alternative provided that the proposed design provides the approximate equivalence to the specific requirements of this Section.

6-6.3 Shielding

All outdoor light fixtures including decorative luminaries except those exempted by Section 6-6.6 shall be fully shielded as identified in Section 6-6.5. A fully shielded fixture must be a full cutoff luminaire and is defined as outdoor lighting that is shielded or constructed so that all light emitted is projected below a horizontal plane which is parallel to the ground, and runs through the lowest part of the fixtures.

6-6.4 Light Trespass

The maximum illumination at five (5) feet inside an adjacent residential use or zone area or public right-of-way, or beyond, from light emitted from an artificial light source are 0.5 horizontal footcandles and 0.5 vertical footcandles. Said illumination at ten (10) feet inside an adjacent commercial or industrial use or zone area or public roadway or beyond, shall not exceed 0.5 horizontal footcandles and 0.5 vertical footcandles. No line of site to a bulb is permitted five (5) feet or more beyond a residential or public right-of-way property line by an observer viewing froma position that is level with or higher than the ground below the fixture. Compliance is achieved with fixture shielding, directional control designed into the fixture, fixture location, fixture height, fixture aim, or a combination of these factors.

6-6.5 General Requirements for all Zoning Districts

(A) Public or Private Recreational Facilities: Where playing fields or other recreational areas are to be illuminated, lighting fixtures shall be specified in the Lighting Plan, mounted and aimed so that the illumination falls within the primary playing area and immediate surroundings. All playing fields except baseball fields shall have full cutoff fixtures and the light sources shall not be visible from other properties.

(B) Signage: All illuminated signs, including billboards must be lighted internally or lighted by top mounted lights pointed down. No sign may be illuminated by fixtures not shielded from upward transmission of light. Signs should be white or light-colored lettering on dark backgrounds. Lights that flash, pulse, rotate, more, or simulate motion are not permitted.

(C) Outdoor Lighting Fixtures: All outdoor lighting fixtures, including display lighting and signs, shall be turned off after the close of business. However, fixtures nearest building entryways may remain lighted at minimum levels necessary for safety and security.

(D) Aprons and Canopies: The lighting fixture bulbs shall be recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling so that light is restrained to no more than eighty-five (85) degrees from vertical. As an alternative to recessed ceiling lights, indirect lighting may be used where the light is directed upward and then reflected down from the underside of the canopy. In this case, light fixtures shall be shielded so that direct illumination is focused exclusively on the underside of the canopy. The lighting for such

Town of Summerfield Development Ordinance

Revisions to pp. 6-55 – 6-56 approved by Summerfield Town Council September 11, 2007Revisions to pp. 6-4 – 6-5 approved by Summerfield Town Council November 9, 2010

6 - 63

facilities (pump islands and under canopies) shall have a maximum of fifteen (15) footcandles average maintained illumination at grade.

(E) Parking Lots, Loading Areas, Display Areas, and Exterior Building Illumination: All Parking Lots, Loading Areas, Display Areas, and Exterior Building Illumination. This lighting requirement applies to townhouse and multi-family, educational, institutional, commercial, recreation, public, commercial business and retail, motor vehicle related, wholesaling, and limited and general industrial use categories identified within the Development Ordinance. Lighting for these areas shall not exceed an average horizontal illumination level of one (1) foot-candle at grade.

(F) Residential Construction: For new residential construction, fixtures must be fully shielded.

(G) Communication Tower Lighting: The nighttime use of white lighting or white strobe lighting is prohibited, unless required by the FAA.

(H) Compliance of Existing Fixtures: All existing lighting must be brought into compliance with in five (5) years of the effective date of the Ordinance. When existing fixtures are changed or upgraded during this period, they must comply with all other Sections of this Ordinance.

6-6.6 Exemptions

(A) Otherwise Unregulated: Lighting which is not subject to this Ordinance by state or federal law.

(B) Specific Fixtures: Fixtures including the following, Incandescent fixtures (other than floodlights or spotlights) less than one-hundred and sixty (160) watts, natural gas or liquid propane lights, and any light source of one-thousand eight hundred (1800) lumens or less.

(C) Security Lighting: Outdoor lighting on residential, agricultural, or commercial property that is controlled and activated by motion sensor devices for a duration of fifteen (15) minutes or less.

(D) Flags: Lighting of the United States of America or State of North Carolina flags except that they are limited to a maximum of four-thousand (4000) lumens.

(E) Temporary Uses: Temporary circus, fair, carnival, civic uses or Holidays.

(F) Special Conditions: The Zoning Board may grant an exemption to the requirements of Section 6-6.4 only upon a written finding that there are conditions warranting the exemption that there are no conforming fixtures that would suffice.

(G) Construction and Emergency Lighting: Lighting necessary for construction or emergencies is exempt from the provisions of this Section provided said lighting is temporary (one month or less) provided lighting does not create light trespass or hazardous glare.

(H) Sports Lighting: Sports lighting is exempt from the foot-candle limitations of this ordinance on the playing field only. Glare control fixture design is required, and light trespass requirements apply.

6-6.7 Applications

Any person submitting a site plan or applying for a building, electrical or sign permit to install outdoor lighting fixtures except for single family detached residences shall as a part of said application submit evidence that the proposed work will comply with this Section. This evidence shall be in the form of a Lighting Plan and support documents prepared by an electrical engineer or lighting professional with

Town of Summerfield Development Ordinance

Revisions to pp. 6-55 – 6-56 approved by Summerfield Town Council September 11, 2007Revisions to pp. 6-4 – 6-5 approved by Summerfield Town Council November 9, 2010

6 - 64

Lighting Certified credentials. The Lighting Plan and supporting documents shall include all of the items found in Appendix 2: Map Standards.

6-6.8 Amendment to Permit for Lighting on Private Property

Should the applicant desire to substitute outdoor light fixtures or lamps to be installed on private property after a permit has been issued, the applicant shall submit all changes to the Zoning Board for approval, with adequate information to assure compliance with this Section.

6-6.9 Appeals

Except for street lighting within the right-of-way and for temporary exemptions as provided in Section 6-6.10, any applicant’s appeal of the Zoning Board’s decision shall be made tot eh Town Council.

6-6.10 Request for Temporary Exemptions

(A) Request: Any person may submit a written request on a form prepared by the Zoning Board for a temporary exemption to the requirements of this Section.

(B) Required Information: The request for Temporary Exemption shall contain the following information:

1) Specific exemptions requested.

2) Type and use of exterior light involved.

3) Duration of time for requested exemption.

4) Type of lamp and calculated lumens.

5) Total wattage of lamp or lamps.

6) Proposed location of exterior light.

7) Physical size of exterior light and type of shielding provided.

8) Previous temporary exemptions, if any.

(C) Additional Information: In addition to the above data, the zoning board may request any additional information that would enable a reasonable evaluation of the Request for Temporary Exemption.

(D) Appeals: The Zoning Board, within forty-five (45) days from the date of the properly completed Request for temporary Exemption, shall approve or reject in writing the Request. If rejected, the individual making the Request shall have the right to appeal to the Town Council.

Town of Summerfield Development Ordinance

Revisions to pp. 2-11 – 2-16 approved by Summerfield Town Council June 12, 2007.Revisions to p. 2-23 approved by Summerfield Town Council September 11, 2007

2 - 31

2-1.14 Lighting

(A) FOOT-CANDLE. A quantitative unit of measure referring to the measurement of illumination incident at a single point. One foot-candle is equal to one lumen uniformly distributed over an area of one square foot. All references are to e considered horizontal foot-candles unless noted otherwise.

(B) FULL CUTOFF. A light fixture which cuts off all upward transmission of light.

(C) GLARE. The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.

(D) HID LIGHTING. High Intensity Discharge lighting, a family of bulb type including mercury vapor, metal halide, high pressure or low pressure sodium, which glow when electric current is passed through a gas mixture inside a bulb.

(E) INSTALLED. The initial installation of outdoor light fixtures defined herein, following the effective date of this Section.

(F) LAMP. The component of a luminaire that produces light. A lamp is also commonly referred to as a bulb.

(G) LIGHT TRESPASS. Light projected onto a property from a fixture not located on that property.

(H) LUMEN. A standard unit of measurement referring to the amount of light energy emitted by a light source, without regard to the effectiveness of its distribution.

(I) LUMINAIRE. A complete lighting unit consisting of a lamp or lamps together with the components designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. A luminaire is also commonly referred to as a fixture.

(J) OUTDOOR LIGHT FIXTURES. Outdoor artificial illuminating devices, outdoor fixtures, lamps or other devices, permanent or portable, used for illumination, direction or advertisement. Such devices shall include, but are not limited to search, spot, or flood lights for:

1) buildings and structures, including canopies and overhangs;

2) recreational areas;

3) parking lot lighting;

4) landscape lighting; and

5) signs, including billboards, display and service areas, roadways and sidewalks.

(K) PHOTOMETRIC PLAN. A point by point plan depicting the intensity and location of lighting on the property.

(L) SHIELDED, FULLY. Fixtures that are shielded in such a manner that light emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. This means that a fully shielded fixture is one used in such a way that it allows no direct or internally reflected light to shine above the light fixture.