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HomeMy WebLinkAboutNS ORD-1998-008 Planning - Zoning Ordinance Text Amendment Floor aArea for Existing Non-residential Uses in Residential Districts Article 5.1.2 Schedule for Non Residential Development 04-21-1998-8h3 PROPOSED ORDINANCE AMENDMENT [DRAFT] REFERENCE: ZONING ORDINANCE Article 5.1.2 Schedule for Non-residential Development ORIGIN OF AMENDMENT: Staff Planning Boazd BOCC _ _ Public X Other: County Manager EXPECTED PUBLIC HEARING DATE: February 23, 1998 Purpose of Amendment: To increase the maximum floor area ratio allowed in residential zoning districts for existing non-residential uses such as schools, government buildings, and places of worship. Impacts/Issues: Institutional uses such as schools, government buildings, and places of worship are permitted in all residential zoning districts with site plan approval by the Planning Department. Traditionally, such uses are located in or near residential azeas. The architectural form that houses an institutional use historically has been massive, not only because of its function, but as a symbolic focal point for the local community. In many cultures worldwide, institutional structures typically serve as local landmarks due to their prominent size, accessible location, and use. Schools and churches often have one or more accessory structures such as a gymnasium and other recreational buildings, fellowship hall, or administrative/ educational building. The result is sometimes a campus or complex of buildings united by a similar purpose. The volume of buildings is usually balanced by open space on the lot in the form of playgrounds, courtyazds, athletic fields, or cemeteries. Lr Article 5 of the Zoning Ordinance, dimensional requirements are established for each zoning district. Two sets of standazds apply for each district to residential and non residential uses. The numbers and ratios set forth in Article 5 establish site development criteria such as minimum lot size, building setbacks, lot width, maximum floor area, and building height. Because of lazger land requirements, institutional uses frequently have diBiculty locating where they are needed, or expanding to meet growing community demands. In 1989 the Zoning Ordinance was amended to increase the floor azea allowed for non-residential uses in residential districts (RB, AR, R-1, and 4 ' R-2) from 5.8 percent to 8.8 percent, the standazd in the R-3 district. Since that time, the Boazd of Adjustment has reviewed at least three requests for variances from the standazds in Article 5.1.2 as applied to churches and schools. Several existing institutional uses are at or approaching the current 8.8 percent limit on floor area, which might preclude any significant future additions to those buildings. The proposed amendment would increase the maximum floor azea allowed for non-residential uses legally existing as of 5/6/98 in the RB, AR, R-1, R-2, R- 3, and R-4 residential districts from 8.8 percent (10 percent in Planned Developments, 12.3 percent in R-4) to 14.1 percent. The text of the amendment is attached. The new standazd is equal to the current limit on floor area in PD-R-4 district and is consistent with actual floor area of existing facilities. Other non-residential uses permitted in residential districts include the following: Botanical Gazdens Bus Passenger Shelters Governmental Protective Services Cemeteries (Class B SUP) Community Centers (Class B SUP) Parks .e Ordinance Review Committee: Planning Board: BOCC: cn i w E u c 5.1.2 SCHEDULE T{'OR NON-RESIDENTIAL DEVELOPMENT LOT BY LOT, PLANNED DEVELOPMENT MlN LOT MIN REQ REQ MAX MIN GROSS MAX GROSS LUI MAX REQ MIN REQ MIN AREA PER LOT FRONT SIDE 6c BLDG LAND LAND AREA RATING FLOOR OPEN PEDESTRIAN/ USE WIDTH SETBACK REAR HEIGHT AREA (PD's ONLY) AREA SPACE LANDSCAPE SETBACK (PD's ONLY) RATIO RATIO RATIO RB LOT 87,120 130 40 20 25 - - 22 .088 * .84 2 t PD 87.120 130 - - 25 174,240 - 22 .100 * .84 . -2l AR LOT 40,000 ISO 40 20 25 - - 22 .08E * .84 .21 PD 40,000 150 - - 25 80.000 - 22 .100 * .84 .21 Rl LOT 40,000 130 40 20 ZS - 22 .088* ,84 21 PD 40.000 130 - - 25 80,000 - 22 .100* .84 .21 R2 LOT 20,000 100 30 IS ZS - - 24 .088* .83 .208 PD 20,000 i00 - - ZS 45.000 - 26 .100* .82 .205 R3 LOT 15,000 100 30 IS 25 - - 28 .088* .BI .203 PD 15,000 100 - - 25 30,000 - 30 .100* .80 .20 R4 LOT 10,000 75 25 t0 25 - - 33 .123* .79 .198 PD 10,000 75 - - 25 15,000 - 35 .141 .78 .195 RS LOT 7.500 50 20 10 25 - - 30 .174 .77 .195 PD 7,500 50 - 25 10,000 - 40 .200 .76 .19 R8 LOT 5.000 50 20 8 25 - - 43 .246 .75 .086 PD 5,000 50 - - 25 7,000 - 45 .283 .74 .185 R 13 LOT - - _ _ _ _ PD 3,000 50 - - 25 5.000 - 50 .400 _ .72 - ,18 LC I LOT - ?S IS IS 25 - - 30 ,100 .80 .20 PD - - - 25 - 421,344 32 .115 .79 .198 NC2 LOT 2,000 ~ 20 50 - 35 0 - 40 .200 .76 .19 PD 2,000 - - - 35 - 421,344 42 .230 .75 .188 CCB LOT 2,000 20 50 - 45 0 50 .400 .72 ,IS PD 2,000 - - - 45 425,600 1,273,544 52 .459 .72 .18 ~ GCH LOT 40,000 75 3S - 45 - 53 .492 .71 178 PD 40,000 - - - 45 425,600 NO MAX. 55 .566 .71 , 178 i . ECS LOT 40.000 75 35 - 45 - - 53 .442 .71 ,178 OI LOT 5,000 50 25 10 35 - - 40 .200 76 19 PD 5,000 - - - 35 200,000 NO MAX. 42 .230 . .75 . .188 EI LOT 80,000 200 SO 50 45 - - 23 .200 .80 w a ~ ~ .20 a *Permitted non-residential uses existing as of 5/6/98 shall be limited to a maximum floor area ratio of .141 in the AR, RR R-1 R-7 R_'2 and R_A -,nn;.,n rii ctri rte z/~.3/98 PtJeSC.iG NE4J'.1~jC1 NliIIUTES 1 to response to a question Dy Commissioner Gordon, Eddie Kirk reviewed the surtnunding uses 2 which include a CITGO station, several reSidenCes which are located in the Economic Development 3 Districts to the south and west 7o the North is a residence in the Town of Hillsborough's jurisdiction. 4 He aho indicated that the sewer connection would eitl~er beat FMt RidgQ or at the prison far~7ity. 5 6 Commissioner Brown asked if there was a process in place whereby residents of the Economic 7 Developrrter>< Disbfet would be infom~ed of the issues surrounding water and/or sewer services. Mr. Kirk $ replied that the Planning staff always recommends water 8 sewer but it is not required. 9 10 GUESTION$ AND/OR COMMENTS FROM THE I~tJINNWG BOARD -None. 11 12 QUESTIONS AND/OR COMMENTS FROM CITIZENS 13 ' 14 Jay Smith, with O'tirteN-Atkins Associates, Inc., indicated that this plan was fret submitted in 15 March Of 199'7 and they fee! that ells latest plan is the best possible uSe of this site. They have worked 16 with Orange County Transportation Planner Slade McCaiip to design the best circulation plan. The sewer 17 lines have bean moved in this latest design so that parking could be moved to the back of the building. 18 Also, they have left the large trees and iacrpased the buffers as much as possible. He also mentioned 19 that this branch building wilt increase the tax base by f million dollars. They have made many changes 20 twt they gnnot adhere to the 100 foot buffer reQuinement 21 22 5t~ Russ, with O'BrieNAtkins, indipbed that he was available to answer any questions. He Z3 mentoonec! that Slade McCafip felt that algning with the CITGO Station would help with the traffic flow. za 25 Jack Alphin, of Alphin Rsalty, mentioned that he does not have a vested interest in this faality. He 28 was asked bo submit an opinion on behalf of the Stabs Employees Credit Union. Ne referted to his letter 27 dated December 17, f 99?' s copy of which is located in the permanent agenda Ala in fife Clerk's offrce. He 2$ indicated that the Credit Union facility would at the very least maintain the area and would most likely 29 enhance the ambiance and values of adjacent and area properties. 30 31 Robin Lewis, Manager of Credit Union, indicated that she would lie happy tQ answer any 32 Questions. SM agreed that the cun~ent plan appears to be the best use of the site. The staff of the Credit 33 Union are ooKrtmitbed to providirt9 a needed service b !fie at¢ens of Northam Orange County. In 34 response to a question, she mentioned that they rarey require a SheriRs Deputy bo provide an escort 35 whiles Credit Union employees transfer money. 38 37 A tenter from James C. Btaine, President, State Employees Credit Union, was distributed and is 38 inducted herein Dy roterence. He stated that the Credit Union has made attempts to address each 39 ooncxm that was rrwntioned in his eerlier discussion with John Link. His comments in their entlroty are in 40 the permanent agenda file in the CterKs office a1 42 A motion was rtrade by Chairwoman Brown, seconded by Commssior-er Halkiotis, b refer this 43 item tD tb Planning Board 1br a recommendation to be r+stumed to the Board of Commissioners no sooner 44 than ApN 7,1998 45 1tOTE UNANIMOUS 46 47 3. ZONMG OROWANCE TEST AMt'eNDMENT 48 (a) Floor Area For Ex;ating Non-rasidentlst Uses in Residential Districts ARtda 5.1.2 49 Schedule for lVon-residential Owelopmer-t 50 This irerrt was pr~esenbed try Orange County Planner Emiy Can+eron 1Fir the purpose 59 or nceivinp dti~en c~ornrnerrt or+ s proposed srnsndment tv ate toning oroiraN,o. to tnaease the 52 rreuamum floor lees aBOrVad for coasting non-residenast uses pertnitbed in the AR. R9. R-1, R-2, R-3 and 53 R•t soning districts. She stated that institutional uses such as schools. govemr~ent builadings, and places 54 of worship sn permitted in aU residential Zoning districts with site plan approval by the Planning . 55 Department. In 1989 the Zoning was amended to inue®se the floor area atkswed for non- 56 residensial uses in nsidenasl districts (Rt3, AR, R-1 8 R-2) ttom S.8 percent to 8.8 percent limit on floor 57 era. The proposed amendment would increase ate rrwdrtrum floor are® Mowed fornon-residential uses Z/z3/98 PUBC.(C l..{~,~~ M (AI,IIT'Zg b9aay exerting as of S/B/98 in the R6, AR, R-1, R-2, R-3 and R-4 residential districts from 8.8 percent (1l? percent in planned developments, 12.3 percent in Fi-4) to 14.1 percent. The proposed standarct is equal ~ tQ the cement limit on floor area in PD.R.4 district and is consistent with actual Boor area of existing 4 facilities. 5 6 QUESTIONS AND/OR COMMENTS FfiOM THE BOARD OF COAAMISSfONERS: None 7 8 QUEST~N$ ANO/OR COMMENT$ FROM THE PLANNINt3 BOARD: None 9 1 O QUE$'fiONS AND/OR COMMENTS FROM CITtZl=NS . 11 12 Reverend Earl Echols, Jr., with the Ebenezer Baptist Church, spoke in support of this Text 13 Amendment.. Me commented that their current facility is too amrall Zo accommodate the size of their 14 congregation. He mentioned the number of children that they are currontdy serving and that i! is important 15 to them to increase the size of their church. They cumentgr have 75.100 children in their congregation ? 6 each Sunday and they need to provide a facility that is conducive to worship. 1T 18 A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis, to refer this 19 item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner 20 than May tf, 1998. z1 voTE: uNANIIIAOUs 22 23 This item was Chaired by Chairwoman Margaret Brown. She asked everyone who wished to speak 24 to Dome forward and be sworn in by the Deputy Clerk. 25 26 27 4. GLASS A SPECIAL USE PlRMR PO-1.98 Carottna Friends School 28 The following citlztns and staff were sworn in by the t~eputy Clerk so that they could 29 speak to this item: Orange County Planner Emily Cameron, John Baird, Prindpal, Carolina Friends 30 School and Ellen YVeinstein, This item was presented by Planner Emily Cameron fa the purpose of 31 reCesivirtig citizen eomntertt on a proposed modification ro the Special Use Permit for Carolina Friends 32 School to acpornrtgdafa a ten-year master plan for expansion of the existing privebe school approved as a 33 planned development in 1990 and modified in 1992, 1996, and 1997. Carolina Friends school is an 34 existing Private school boated on the west side of Friends School Road (SR 1719). The propeRy 3$ contains 38.62 acres still is zoned PD-RB, Planned Devtlopment -Rural ButOer. In August of 1990 a 3fi Class A Special Use Permit was issued for Carolina Fronds School to allow the use of the schod's 37 westewater disposal sysam in the Rural Buffer. A planned devebpmertt is ado required where there aro 38 multiple principal structures on a non-nesidential lot greater than two acres in size. This Special Use 39 Perrttit was rttodifled in 1992 and 1996. In 1997 the Scholl swapped land with Dukt University to acquire 40 arx~ge between the existing ached and Friends School Road. The cement request is to accommodate a 41 ten-year rr~sr putt to expand the ached into the acreage acquired in 1997. Student enrollment is 42 proposed to increase by five for a total of 422 students. The staff will increase by one for a total of 62 staff 43 members. The proposal indudes a new entrance in the sd~oo! site south of the existing entrance on 44 Friends School Road. The new entrance wip have better sight distance than the existing entrance. The 4rj exlstdrq entrance will continue to axes a portbn of the campus, but wig not conned to the Proposed 46 system of drivevrays. f=rve new builcfa+Qs are proposed (37,750 esq. ftl: amufti-purposes center 47 (gymnasium). a meeting house, a new Early School building, an athletic field house, and a rovend 48 service arq, Several additbns to extstinq stnxtures art proposed totaling 14.700 square feet The 5409 expansion also k+volves a baseba8 held, two sorer fields, and sn outdoor amphitheater. 52 QUESTbNS ~~ COMMErIT3 FROM THE SOARO OP COMMtSS10NERS: 53 Commissioner Gordon asked tlor damicadon on why the space is being increased but thes student 65 is onry being increased by 5 students. 56 John 8aad. PrindpM, Carotins Friends School. replied that the kx~q-term vision f+or the sdroot ells 57 Ibr sn increases in btdlities but not br a signtifCant increase in enrollment. The current sae of the schod © ~ ~ n ~ ~ 4/1!98 PL.A~l~llt~4' lxi4Q~ g N i nl~~'ES W The Planning Staff recommends approval of the Planned Development and Class A Special Use Permit Application per the fmdings (an attachment to these minutes on pages )and four conditions: 1. Sewer lines shall be installed at the time of site development. 2. Pazking, landscaping and buffers shall be installed and maintained as shown on the February 6, 1998 site plan. Additional buffer requirements in the Economic Development District Design Manual shall be waived. 3. Sidewalks shall be constructed and maintained by the State Employees Credit Union until the property is annexed by the Town of Hillsborough. 4. NCDOT requirements shall be complied with as specified in their April 17, 1997 and September 16, 1997 letters (attachments to these minutes on pages ). r Searles asked about the front entrance and Kirk responded that even though pazking has been moved to the rear, the front entrance to the building will remain. Katz asked for clazification regazding the rezoning and Special Use Permit request. Kirk responded that Staff had discovered that from the beginning, this should have been a Planned Development Special Use Permit. McAdams asked about the change in the number of employees. Robin Lewis, Manager of the Hillsborough Credit Union Office, responded that the expected increase in business and the drive through window would require the hiring of two additional full-time employees. Seazles expressed concern that an increase in the number of staff had not been proposed previously. Ms. Lewis stated that she felt the concern with the number of employees was related to the use of a septic system. Since public water and sewer is to be extended to the site, she felt that this is no longer an issue. Further discussion indicated that there would be an increase in the number of part-time employees. Total number of employees would be ten full-time employees and 4 part-time employees. The Planning Board reviewed the findings of fact (attached to these minutes on pages )and were in agreement with the fmdings as made by the Planning Staff. MOTION: Searles moved approval per the fmdings and conditions as proposed by the Planning Staff. Seconded by Price. VOTE: Unanimous. b. ZONING ORDINANCE TEXT AMENDMENT (1) Floor Area for Existing Non-residential Uses in Residential Districts Article 5.1.2 Schedule for Non-residential Development Presentation by Emily Cameron. a t .. This item is for consideration of a proposed amendment to the Zoning Ordinance to increase the maximum floor area allowed in existing non- residential uses permitted in the AR, RB, R-l, R-2, R-3, and R - 4 zoning districts. Institutional uses such as schools, government buildings, and places of worship aze permitted in all residential zoning districts with site plan approval by the Planning Department. In 1989 the Zoning Ordinance was amended to increase the floor area allowed for non-residential uses in residential districts (RB, AR, R-1, and R-2) from 5.8 percent to 8.8 percent, the standard in the R-3 district. Since that time, the Board of Adjustment has reviewed at least three requests for variances from the standards in Article 5.1.2 as applied to churches and schools. Several existing institutional uses are at or approaching the current 8.8 percent limit on floor area, which might preclude any significant future additions to those buildings. The proposed'amendment would increase the maximum floor area allowed for non-residential uses legally existing as of 5!6/98 in the RB, AR, R-1, R- 2, R-3, and R-4 residential districts from 8.8 percent (10 percent in Planned Developments, 12.3 percent in R-4) to 14.1 percent. The proposed standard is equal to the current limit on floor area in PD-R-4 district and is consistent with actual floor area of existing facilities. The amendment was presented for citizen comment at the public hearing held on February 23, 1998. A representative of Ebenezer Baptist Church spoke in favor of the amendment. There were no questions or comments from the Planning Board or the Board of Commissioners. The item was referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than May 6, 1998. The Planning Staff recommends approval of the proposed amendment to the Schedule ofNon-residential Development. Barrows asked if there were requests just based on the possibility of expansion rather than on a particular need. Cameron responded that many times churches do have plans for expansion but must wait on funding. They also may not be aware of future needs for expansion. She noted also that some of the older schools have reached maximum capacity and have requested variances in order to expand. Katz asked what the increase to 8.8 percent in 1989 was based on. Cameron responded that the ratios did not change, they just moved up to the next highest density. Katz asked about the basis for the floor area limit and whether it relates to impervious surface. Cameron responded that it does not always relate to the impervious surface since there may be more than one floor. She continued that since she was not with Orange County when the ratios were established, she could not say how the original calculations were established. Katz suggested that this be referred to the Ordinance Review Committee for determination whether there should be a requirement or standard in the ordinance regarding floor area ratio. Cameron asked if this could be tied to one of the goals for future consideration. Members agreed. ~ir~'i~~ 10' MOTION: Hoecke moved approval as recommended by the Planning Staff. Seconded by Price. VOTE: Unanimous. c. CLASS A SPECIAL USE PERMIT (1) PD-1-98 Carolina Friends School Presentation by Emily Cameron. This item is for consideration of a proposed modification to the Special Use Permit for Carolina Friends School to accommodate aTen-Year master plan for expansion of the existing private school approved as a planned development in 1990 and modified in 1992, 1996, and 1997. Cazolina Friends School is an existing private school located on the west side of Friends School Road (SR 1719). The property contains 38.62 acres and is zoned PD-RB, Planned Development -Rural Buffer. In August of 1990 a Class A Special Use Permit was issued for Carolina Friends School to allow the use of the school's wastewater disposal system in the Rural Buffer. Article 6.20.1 of the Zoning Ordinance states that a large ground absorption system with a design capacity over 3000 gallons per day may be allowed in the RB district only through approval of a planned development. A planned development is also required where there are multiple principal structures on anon-residential lot greater than two acres in size. The Board of Directors of Cazolina Friends School adopted alive-year master plan in 1991 for development of the school. In 1992 the Special Use Permit was modified to include expansion of buildings and parking consistent with the school's master plan. In 1996 the Special Use Permit was modified to include 5100 square feet of additional floor area. Last yeaz, Cazolina Friends School swapped land with Duke University to acquire acreage between the existing school and Friends School Road. No additional construction was proposed when the school site boundaries were changed. The current request is to accommodate aTen-Yeaz master plan to expand the school into the acreage acquired in 1997. Student enrollment is proposed to increase by five for a total of 422 students. School staff will increase by one for a total of 62 staff members. The proposal includes a new entrance to the school site south of the existing entrance on Friends School Road. The new entrance will have better sight distance than the existing entrance. In 1996, the average daily traffic count on Friends School Road was 200 trips per day; therefore, turn lanes on Friends School Road will not be necessary. The existing entrance will continue to access a portion of the campus, but will not connect to the proposed system of driveways. The Board adopted a resolution approving a modification to financing documents regarding amortization schedules for Southern Village Elementary School included as part of these minutes by reference. e. Property Tax Refunds The County Commissioners approved requests for tax refunds per the resolution, a copy of which is in the permanent agenda file in the Clerk's Office. f. Property Tax Releases The County Commissioners approved requests for tax releases per the resolution, a copy of which is in the permanent agenda file in the Clerk's Office. g PD-1-98 Carolina Friends School - Modification of Special Use Permit The Board approved a proposed modification to the special use permit for Carolina Friends School to accommodate its 10-year expansion master plan. The Board approved a proposed amendment to Article 5.1.2 of the Zoning Ordinance to h. Zoning Ordinance Text Amendment-Article 5.1.2 Schedule for Non-residential Development The Board approved a proposed amendment to Article 5.1.2 of the Zoning Ordinance to increase the maximum allowed floor space for existing non-residential uses permitted in the AR, RB, R-1, R-2, R-3 and R-4 zoning districts. This amendment increased the maximum floor area allowed for non-residential uses legally existing as of 5/6/98 in the RB, AR, R-1, R-2, R-3 and R-4 residential districts from 8.8 percent (10 percent in Planned Developments, 12.3 percent in R-4) to 14.1 percent. The text of this amendment is incorporated in these minutes by reference. I. Nursing Home Advisory Committee - Expansion of Membership The Board approved adding five additional members to the Nursing Home Advisory Committee. 9. ITEMS FOR DECISION - REGULAR AGENDA a. Planned Development and Class A Special Use Permit- PD-2-98 State Employees Credit Union The Board considered a planned development and Class A special use permit for the State Employees Credit Union in the County's economic development zoning district. Planner Eddie Kirk outlined this request. This proposal was heard at the February 23 public hearing and at the April 1 Planning Board meeting. The Planning Board voted unanimously to approved a Planned Development and Class A Special Use Permit. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to close the public hearing and approve the Planned Development and Class A Special Use Permit per the Planning Board recommendation. VOTE: UNANIMOUS b. 1997-98 Information Technology Plan - Phase IV The Board considered appropriating $349,435 for phase four of the County's Information Technology Plan, which would provide for completion of the County network, 85 replacement PCs and implementation of a county web server for better Board and citizen access. John Link made reference to the abstract and what the County Commissioners have approved up to this point. This money would address the remaining short-term goals of the information technology plan. The IT Committee recommends that these remaining items be approved. The next phase will deal with our legacy system.