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HomeMy WebLinkAboutAgenda - 02-23-2009 - C4 1 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: February 23, 2009 Action Agenda Item No. C-4 SUBJECT: Zoning Ordinance Amendment establishing regulations for drive-thru facilities DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Proposed Ordinance Amendment Name, Phone Number Options Craig Benedict 245-2592 2. Articles on drive-thru concerns Michael D. Harvey 245-2607 PURPOSE: To hold a public hearing on a staff initiated Zoning Ordinance Amendment to Article Six (6) Application of Dimensional Requirements to establish regulations governing the development of drive-thru facilities within the County. BACKGROUND: During the review of a recent development project, there was a discussion on the need to regulate drive-thru facilities within the County. Concern was expressed over the pollution generated by vehicles idling within a drive-thru lane and what effect this would have on the environment as well as passing pedestrians. Since 2001 drive-thru facilities are prohibited within the Hillsborough Area Economic Development District and within the Efland Cheeks Overlay Zoning District (ECOD), which was adopted in 2008. For all other non-residential zoning districts, the Orange County Zoning Ordinance does not contain specific development guidelines or standards for the development and/or use of such facilities. Staff currently interprets these facilities to be a customary accessory use to several non-residential land uses and would allow for their development consistent with an approved site plan. OPTIONS: Staff believes the County has the following options, with respect to addressing the development of drive-thru facilities: 1. Adopt regulations banning the development and/or use of such facilities throughout the County's planning jurisdiction, or 2. Adopt regulations designed to mitigate the impacts of such facilities through the imposition of buffering and site design standards. 2 While staff is requesting comments on each identified option from the BOCC and Planning Board, staff recommends the Board consider Option Two (2) and adopt comprehensive development regulations regulating the development of drive-thru facilities that are designed to: 1. Require additional setbacks, and specific orientation of, land uses utilizing such facilities, 2. Require additional landscaping along drive-thru access roads to absorb carbon-dioxide gas emitted from vehicles utilizing the service, 3. Require that menu boards utilized in connection with drive-thru facilities shall not be visible from external roadways, 4. Establish a limit on the overall number of drive-thru facilities that can be developed within a multi-use non-residential development to encourage mixed use development and discourage freestanding, out-parcel, land uses with multiple drive-thru facilities, 5. Reduce the amount of impervious surface area (i.e. parking) allowed/required for such land uses and require additional internal landscaped area, 6. Consider establishment of a system that requires annual payments to a carbon offset program or consider a system allowing for a partial payment in lieu for any required landscaping in the form of carbon credits. There have been requests for articles and other information offering context on the impact of drive-thru facilities. Please refer to Attachment Two (2) for this information. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined the approval of the request will not create the need for additional funding for the provision of County services. RECOMMENDATION(S): The Zoning Officer recommends the Board: 1. Receive the proposed amendment submitted by staff, 2. Conduct the Public Hearing and accept public comment on the two (2) proposed options, 3. Suggest a preference for review and further discussion on the proposed options, 4. Refer the matter to the Planning Board with a request that a recommendation be returned to the County Board of Commissioners in time for the agenda schedule of the June 2, 2009 BOCC meeting, and 5. Adjourn the public hearing until June 2, 2009 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Attachment 1 3 OPTION ONE (1): PROHIBITION Amend Article Six (6) Application of Dimensional Requirements as follows: Section 6.9 Accessory Uses for non-residential developments — Drive-thru facilities prohibited: 1. Any and all accessory uses necessary for the operation of a proposed non-residential or mixed use development shall not be erected in any required open space and shall conform to all other applicable regulations contained within this Ordinance, 2. Drive-thru facilities are hereby prohibited from development and/or use within the County's planning jurisdiction with the following exceptions: a. Stand alone Automated Teller Machines (ATM) either freestanding or drive-up with a minimum stacking distance of at '100' OPTION TWO (2): REGULATION: Amend Article Six (6) Application of Dimensional Requirements as follows: Section 6.9 Accessory Uses for non-residential developments — Drive-thru facilities regulations: 1. Definition a. Drive-through business (land use). An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services. i. Drive-through businesses, non-restaurants - A drive-through business that serves a use not related to a restaurant, fast food restaurant or formula fast food restaurant. This use includes the operation of drive-up or a drive-up or a drive- through service at a bank or financial institution, food sales (for off-site preparation or consumption only), personal services, and retail sales (e.g., pharmacy). ii. Drive-through business, restaurants — A drive-through business that operates in conjunction with a restaurant, fast food restaurant or formula fast food restaurant. 2. Any and all accessory uses necessary for the operation of a proposed non-residential or mixed use development shall not be erected in any required open space and shall conform to all other applicable regulations contained within this Ordinance, 3. In addition to any and all applicable Federal, State, or local requirements, the following specific standards shall govern the development and use of drive-thru facilities for the Project: 4 a. Any non-residential land use utilizing a drive-thru facility, whether as a principal use of property or within a Planned Development or another similar multi-use non-residential or mixed use development, shall not be located within fifty (50) feet of an exterior property line. This includes the building, kiosk, drive lane for the drive-thru, or parking facilities, b. No menu board utilized as part of a drive-thru shall be visible from an external or internal roadway, c. There shall be a minimum twenty-five (25) foot vegetative strip planted along the length of the roadway utilized by the drive-thru facility including any and all applicable stacking lanes. This strip shall be planted with sufficient vegetation to form a dense, opaque, buffer planted to the following standard: i. There shall be a continuous evergreen hedge planted along the interior curb of the drive-thru lane that will have an initial planting height of thirty-six (36) inches and achieve a height of at least five (5) feet at maturity, ii. There shall be a second row of plantings behind the continuous hedge line comprised of deciduous and evergreen trees that will have an initial planting height of five (5) feet with spacing at 20 feet on center and achieve a height of at least twenty (20) feet at maturity. d. A minimum stacking distance of 180 feet shall be provided to each pick-up window or automated machine. e. A facility with a separate ordering point and pick-up window shall provide stacking space for at least 4 vehicles in advance of each ordering point and stacking space for at least 4 vehicles between each ordering point and pick-up window. f. Entrances to drive-up lanes shall be at least 25 feet from driveways entering a public or private street or alley. g. The minimum width of each drive-through lane shall be 11 feet. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curbs. h. A solid six-foot high masonry sound wall shall be constructed on the property boundary when the site is contiguous to residentially zoned or used property (s). If the site is separated within a larger non-residential/mixed use zone by an intervening one acre or more site plan with building, then the wall and or restriction on hours of operation are not required. 5 i. Operation of the drive-up service facility shall be restricted to between hours of 7:00 a.m. and 10:00 p.m. when the site is contiguous to residentially zoned or used property(s). 4. Development Guidelines a. A minimum of a 0.50+ acre site shall be provided for a drive- through facility within an existing shopping center and/or urban areas. b. "Franchise architecture" is strongly discouraged. c. Drive-through facilities shall be architecturally compatible with the best examples of nearby structures (i.e. intended for the zone) and compliment existing or planned streetscape elements. d. Building design, location and parking areas should be designed to provide pedestrian orientation and clearly identify areas for pedestrian access and limit pedestrian - drive through lane overlap. e. Windows provided for aesthetics in dining and entry areas should be used abundantly to provide visibility to the street and pedestrian view into the building. f. Outdoor seating with high quality hardscape areas (such as brick, cobblestone, and decorative pavers) and high quality outdoor furniture is encouraged in zones approved for outside seating. g. A minimum of 20 percent of the site should be landscaped. 5. Operators of drive-thru facilities shall be required to pay an annual carbon impact fee to the County in accordance with the County Impact Fee Ordinance, (Staff Comment During the review of the Buckhorn Village PD, there was some discussion over the need to assess developers for the overall impact a particular project might have on the local environment. Staff believes we have an opportunity to study the viability of imposing an impact fee on such uses. This fee could be utilized by the County to support on-going efforts to preserve open space, secure lands for preservation, and possibly a reforestation program County wide. As we continue to review the possible regulatory standards for drive-thru development, this concept ought to be critiqued.) 6. For any multi-use non-residential development there shall be no more than one (1) drive-thru facility per ten (10) acres of property with an ultimate cap of five (5) drive-thru units per development in total. 7 The Facts about Car Idling The following information and recommendations are compiled from the U.S. Environmental Protection Agency(www.epa.gov). An idling car is one that is not being driven but whose engine is still running. Idling is often unavoidable in traffic,but voluntary idling occurs when cars are left running while parked, standing, or waiting in drive-through lines. People often don't realize that idling has several negative effects on health,the environment, and themselves: • Air Pollution Voluntary idling increases the amount of preventable pollution released into our air. Cars produce several air pollutants that contribute to environmental problems such as urban smog, air toxics,and climate change,and health problems such as asthma,respiratory and heart disease. Children are especially vulnerable to air pollution because they breathe twice as much as adults. • Wasted Fuel and Money Idling wastes fuel and money. ALL cars,trucks, and SUVs get 0 mpg while idling, regardless of their fuel efficiency while driving. Larger vehicles usually waste more fuel than smaller ones. • Engine Wear-and-Tear Idling for long periods, especially in cold weather,can actually cause excessive wear or even damage the engine. MYTH: Restarting the engine uses more gas and causes more pollution than idling. FACT: Modern engines require much less fuel at startup than most people think. Idling for only 30 seconds uses up more fuel than restarting the engine. If you expect to idle for more than 30 seconds,turn off the engine and then restart(except in traffic,of course). You will save fuel and prevent pollution by avoiding long idles. For example, instead of idling in bank and restaurant drive-through lines,park your car and go inside. MYTH: Engines need to warm up with a long idle period,especially in cold weather. FACT: Modern cars need little warm-up time and are most efficient when being driven. Engines require no more than 30 seconds of warming-up, followed by driving at moderate speed for the first few minutes. In fact, idling in cold weather causes excessive wear on the engine.