HomeMy WebLinkAboutORD-2004-004 - Schools Class A Special Use Permit Amendmentss,~ ~ dRa-,ZoaS~ ooh
~ .. ~ _o~
An Ordinance Amending the Zoning Ordinance of Orange County ~~
Be it ordained by the Board of Commissioners of the County of Orange, North
Carolina, that the Zoning Ordinance is hereby amended as follows:
Section 1: Amend Article 4, Section 4.3 entitled "Permitted Use Table" and Use P 19
listed Schools: Elementary, Middle, and Secondary as depicted on the
attached table.
Section 2: That this ordinance be placed in the file of published ordinances.
Section 3: That this ordinance is effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County
Commissioners that this Ordinance entitled `An Ordinance Amending the Zoning
Ordinance of Orange County" is adopted.
~~
Upon motion of Commissioner seconded by
Commissioner ,the foregoing Ordinance was adopted this
the ,j day of , 2004.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2004
as relates in any way to the adoption of the foregoing and that said proceedings are
recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this ~~'day of ,
2003.
~~;~~`"'`~ °~- '<-F ~~ Clerk to the Board of Commissioners
a ~,~
,.~
J ~,1 ' ------- -~ \t
ti ~
~ ~~~ ~ ~~d
4.3 PERMITTED USE TABLE
' =PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE 8)
B = CLASS B SPECIAL USE (ARTICLE 8)
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI EI 11 12 13 AS ED HED PID
P17 Elevated Water Storage Tanks B B B B B B B B B B B B B • B B B B
Telecommunication Towers (150 feet $ B B B B B B B B B B B B B B B B B B B B
P17A in height or shorter)
P17C Telecommunication Towers (greater A A A A A A A A A A A A A A A A A A A A
~ A
than 150 in height m
Telecommunication Tower -Stealth
y
R , _ '
*
* m
P17D (75 feet or shorter) m O
T =
Research Lands & Installations, Non-
P18 profit ~ W
O O
P19 Schools: Elementary, Middle & - -
A -
A -
A -
A -
A -
A ~
A A ? n O
Secondary A O c
,
, Z
O
2
P20 Schools: Vocational ~ m
n n
O O
P21 Schools: Dance, Art & Music ' ' ' ' ' m
m z
~
P21A
Non-Profit Educational Cooperative
A r
v n
o
(1)
D r
r~
m
P22 Transmission Lines B B B B B B B B B B B B B B B B B B B D ~
r
P23 Universities, Colleges & Institutes Z
c
D
r ,
P24 Governmental Facilities & Office , . +
Buildings
P25 Water & Sanitary Sewer Pumping ' ` ' ` ` * ~ ~ * ~ ~ ~ + +
P26 Camp/.Retreat Center (3) B B B
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI EI 11 12 13 AS EDD HED PID
Amendments: (1) 7-1-85
(2) 1-5-87
(3) 2-19-91
(4) 3-1-94
(5) 12-10-02
Proposed Changes to Use P19:
* =Delete
A=Add
Ordinance as Approved by BOCC
An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioner of Orange County that the Orange County
Zoning Ordinance is hereby amended as follows:
Section 1: Add a new section 8.8.30 to read as follows:
8.8.30 Schools: Elementary, Middle and Secondary (Class A Specia_ I
.Use
Additional Information
In addition to the information required in 8.2, 8.6 and 8.8, the following
information shall be submitted as part of the application:
a. Twenty-six copies of the site plan prepared in accordance with Article
XIV (Section 14.1 et seq.) of the Zoning Ordinance and with the
following additional information shown on the plan:
1. Total student capacity of school as designed
2. Total number of employees at time of greatest shift
3. Number and dimensions of designated parking spaces for
school buses
4. Number of designated parking spaces for employees
5. Number of visitor parking spaces
6. Number of student parking spaces
7. Location of student drop -off points with stacking .spaces
identified
8. Location of all proposed and future athletic fields and
structures
. a. Total number of seats for spectators
b. Location of concession stands, if any anticipated
9. Proposed public roadway improvements
10. Existing and proposed infrastructure improvements (water and
sewer)
b. Twenty-six copies. of Landscape Plans showing the locations of
existing vegetation, areas proposed for preservation as well as plants
and materials for proposed planting areas.
c. Twenty-six copies of photometric plans in accordance with the Section
6.31, entitled Outdoor Lighting Standards.
d. Estimated water usage for structures, landscaping and athletic fields.
e. A Traffic Impact Study as required by Article 13 of the zoning
ordinance.
f. A Biological Inventory shall be prepared in accordance with Section
8.8.29.1 B (b).
g. A Resources Management Plan shall be prepared in accordance with
the criteria contained in the Resources Management Plan definition in
the Definitions Article of the Zoning Ordinance.
Standards of Evaluation
1. If located within an EDD, the application must meet the following
general standards of the EDD Design Manual and the Standards of
Evaluation for Schools if the school were to be located in a zoning
district other than an EDD:
a. Land Use Intensity
1. Impervious Surface Ratio
2. .Building Volume Ratio
3. Landscape Volume Ratio
4. Site Volume Ratio
b. Environmental Factors
1. Noise
2. Vibration
3. Air Pollution
4. Electromagnetic Interference
5. Solid Waste
6. Grading & Erosion Control
7. Storm Water Management
8. .Water Supply & Sewage Disposal
9. .Construction & Maintenance
c. Design Criteria
1. Architectural Design
2. Landscape Design
3. Circulation & Parking
4. Service & Storage
5. Signs & Lighting
2. If located within a zoning district other than an EDD, the applicant must
meet the Standards of Evaluation as follows:
a) The project meets all applicable design standards and other
requirements of the Zoning Ordinance and the Subdivision
Regulations.
b) The project meets all service provision criteria as set forth
below:
(1) Fire -identifies the primary and secondary responders and
the source(s) of water.
(2) Police -identifies the primary and secondary responders.
(3) Rescue services -identifies the primary and secondary
responders.
(4) Water Supply -identification of public or private utility
source and capacity of water supply or identification of
water source through a vvater.resource study. ,
(5) Wastewater Treatment Methods -provider and capacity of
wastewater treatment source.
(6) Solid Waste-as specified in 2.h of this section.
c) Habitats shall be identified and evaluated in the Biological
Inventory and are subject to the following:
(1) An undisturbed buffer is required around the boundary of
habitats of rare, threatened, or endangered species as
shown on the biological inventory. Buffer width shall be
determined by site evaluation in consultation with the
applicant's biologist and County staff;
(2) Habitat enhancements as described in the biological
inventory shall be made for a broad range of species to
help mitigate the loss of wildlife habitat during construction.
Examples include preserving, planting, and maintaining a
variety of native vegetation (also dead trees and snags);
installing structures conducive for nesting such as bird
houses or bat boxes designed and .located for various
species; or creating wetlands;
(3) Conservation easements or other acceptable means such
as dedication to a public agency, conservancy or a similar
agency are required to protect wetlands and other habitats
while insuring proper long-term maintenance; and
(4) Provide barriers or fencing, and signage at the edge of
habitat buffers to prohibit vehicular and pedestrian access.
Limited access may be allowed if proposed in a sensitive
manner for environmental education purposes.
d) Landscaping. and Buffers
1) Protection of Existing Vegetation
(a) Existing vegetation shall be preserved as indicated on
the approved landscape plan in accordance with the
provisions of Article 12.2. of the Zoning Ordinance;
(b) Tree protection measures shall be installed and
maintained between all areas of disturbance and
trees to be retained as shown on the approved
landscape plan. A detail of the tree protection barrier
proposed shall be included as part of the landscape
plan submitted with the application;
(c) Corridors connecting habitats identified in the
biological inventory shall be preserved along streams,
buffers, or other wooded areas. If destroyed during
construction, such connections shall be restored
using appropriate plant materials;
(d) Trees and stumps cleared for roads. and building
construction shall either be used for timber purposes
or shredded for landscape mulch, composted, buried
or otherwise disposed of BUT NOT BURNED.
2) Berms, fences and landscaping walls may be used with
plant materials for screening, provided such features are
designed and located in harmony with other site features
and functions;
3) To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required
at all freestanding entrance signs;
4) Use of xeriscaping principles.
e) Stormwater Management
1) No .net increase in peak flow leaving the site from the
predevelopment conditions for the 10 year, 24-hour storm;
2) The stormwater management system must respect existing
drainage patterns. Runoff shall be directed away from
erosion-prone slopes.
3) Energy dissipaters shall be used where runoff is
concentrated and discharged, for example, at downspouts
from rooftops and storm drains at parking areas. Runoff shall
not be discharged directly into surface water, or other
environmentally sensitive areas;
4) Concentrated stormwater, conveyed by ditches, channels,
pipes, swales or other conveyance systems must be
dispersed and diffuse flow reestablished prior to discharge
into a stream buffer;
5) Nitrogen load contribution must be held to 3.6 Ibs per acre
per year.
f) Drainage
1) All drainage structures will be installed and maintained
according to the approved stormwater Management Plan.
2) School projects that include retention/detention ponds shall
comply with the requirements in Section 6.23.4, Operation
and Maintenance of Structural Best Management. Practices.
g) Grading and Erosion Control
1) Plans for grading and erosion control shall comply with
standards contained in the Orange County Erosion and
Sediment Control Ordinance and Manual. and, if applicable,
The North Carolina Erosion and Sedimentation Control
Program rules;
2) Construction shall be phased to minimize disturbance .and
sedimentation;
3) Sediment control measures shall be properly installed to
filter sediment from .runoff during construction and
maintained until grading is complete and a permanent
vegetative cover has been established and all slopes
stabilized; and
4) Permanent landscaping, groundcover, mulch, etc. shall be
installed as soon as practical after construction activities for
each phase are completed.
h) Solid Waste Management
A solid waste management plan, submitted as part of the
Resources Management Plan, shall include the method(s). of
disposal and recycling of construction debris.
i) Irrigation
1) Irrigation systems for the school project are designed and
can be operated according to a water conservation plan
described in the Resources Management Plan submitted
with the application;
2) The Resources Management Plan shall identify the
source(s) of water to be used for irrigation, the volume
available for that purpose, and expected consumption rates.
The system design and plan for operation will be evaluated
based on efficiency; and
3) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative.
j) Habitat Maintenance
1) .Habitats identified in the biological inventory and habitats
created through mitigation shall be maintained in accordance
with the Resources Management Plan and/or a conservation
easement agreement; and
2) Maintenance of habitats shall be minimal, consisting
primarily of maintaining buffers and enhancements, removal
of exotic (non-native) plant species, and keeping drainage
ways functioning properly.
k) Crime.Prevention through Environmental Design (Reserved)
I) Public Road Access
Access to the school project shall be via existing public roads and
shall conform to and be in compliance with any public road
access management plan adopted by Orange County.
m) Maintenance of Improvements
All site improvements such as roads, utilities (including irrigation
and drainage structures), habitat enhancements, recreational
amenities, signage, landscaping, open space, etc. will be
maintained in function and appearance. Maintenance
specifications, if any, for ongoing site management (including
provisions for handling of storm debris in open space areas) shall
. be submitted as part of the Resources Management Plan as
defined in Definitions (Article 22).
3. The following additional specific standards shall be met for all
elementary, middle and secondary schools:
a. The minimum )ot size shall be, with respect to non-charter public
schools, as required by the School Construction Standards adopted
.from time to time by Orange County Board of County
Commissioners, the Orange County Board of Education and the
Chapel Hill-Carrboro Board of Education. With respect to all
schools the lot size shat! be adequate to accommodate all activities.
The proposed methods, to handle the maximum number of
participants and patrons for any single event shall be provided
while also adhering to safe vehicular and pedestrian circulation.
b. Negative visual impacts shall be minimized along any major
roadway. Negative visual impacts include, but are not limited to,
loading/unloading areas, delivery areas, air handling units (roof top
and other), parking areas for machinery, and storage buildings.
Appropriate screening methods shall be used to enhance the
aesthetic value of a project.
g. Transportation improvements as deemed necessary by the Traffic
Impact Study.
d. The ,site shall be designed to take advantage of multiple shared use
opportunities, which may include a Park and Ride facility for public
transportation.
e. There shall be a minimum of two access points to the site. Access
points shall separate student drop-off areas and visitor parking from
bus traffic. If school buses are used, then at least one access shall
be limited to school employee and bus use during normal school
hours. All access points. shall be located to provide maximum
visibility and safety. No driveway shall be permitted in a location
that will hinder or congest traffic movement on a public street.
Section 2: That this ordinance be placed in the file of published ordinances.
Section 3: That this ordinance is effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Orange County Board of
Commissioners that this ordinance entitled "An Ordinance Amending the Zoning
Ordinance of Orange County" be adopte .
County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of
the proceedings of said Board at a meeting held on , 2004 as
relates in any way to the adoption of the foregoing and that id proceedings are
recorded in the minutes of said Board.
9k
WITNESS. my hand and the seal of said County, this ~ day of
2004.
. -.°~-~„
~~~ ~ ~~-~ ~~~~, C er o the rd of Commissioners
~ ~ -
~- t
=~ -
Upon motion of Commissioner ,seconded by Commissioner
the foregoing ordinance was adopted this the day of
2004.
I, D nna S. Baker, Clerk to the Board of Commissioners for Orange
a~ Q 1 aoo ~- o~,, ~
~ - 3~~ ~
The Board approved budget ordinance, capital project ordinance, and grant project
ordinance amendments for fiscal year 2003-04 for Library Services, Cooperative Extension,
Emergency Management, Department on Aging, Sheriff's Department, and Environment and
Resource Conservation Department.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA
i. Telecommunications Towers Reaulations Amendments
The Board considered Planning Board and Administration recommendations, closing the
Public Hearing and making a decision on the proposed Telecommunication Towers
amendments to Article 6.18 and Article 8.8.17a of the Orange County Zoning Ordinance.
Commissioner Gordon made reference to pages 4 and 16. She wants to understand
the changes to the Master Telecommunications Plan and why general zoning approval was
deleted. Planning Director Craig Benedict said that on page 4, there is the definition that will
explain what one can do in the future, and it is only a placeholder. This definition was in there
previously, but there was not an adoption of a plan that would activate the use of it.
On page 16, it explains how the MTP would work in a future process. They hope to
have it as a prioritization mechanism in the future. Commissioner Gordon asked about the
statement, that have received zoning approval from the County Commissioners" and why this
was taken out. Craig Benedict said that this could have invoked apre-zoned property for
allowing towers. They thought this might be too liberal at this point.
County Attorney Geof Gledhill said that this is also redundant in that the plan when
developed will not place on it sites that are not properly zoned for towers.
Commissioner Gordon asked about the all-bold part, "Information that may be shown on
the plan will include...," and asked if this information is to be shown if it is applicable. She said
that it should say, "Information to be shown on the plan will include..." Craig Benedict said that
it would be a determination of the County Commissioners about which sites of a natural area
may be assigned and which sites may not be assigned.
Commissioner Gordon said that this appears to be very confusing to her.
Chair Jacobs said that he feels fine with this. He asked if there was a definition of a
scenic corridor in Orange County regulations. Craig Benedict said that the comprehensive plan
has some definitions.
Chair Jacobs said that if they are going to take this to public hearing in May, he wants to
be sure that there is some data about bird migratory patterns.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
approve the proposed amendments.
VOTE: UNANMOUS
I. Schools Class A Special Use Permit Amendments
The Board considered Planning Board and Administration recommendations, closing the
public Hearing and considered approval of a proposed amendment to the Orange County
Zoning Ordinance to make Schools: Elementary, Middle, and Secondary - a Class A Special
Use in appropriate zoning districts and to apply special use permit standards that meet the
general standards, zoning district requirements and similar standards as detailed in Section
8.8.29 ("Growth Management Subdivision Standards") of the Zoning Ordinance.
Commissioner Gordon asked for clarification about the Administration's approval. She
also asked about the significance of the storm water management issue on page two. Craig
Benedict said that during their conversation with the Planning Board, the original submittal
talked about aone-year 24-hour storm, which is an intensity storm that happens on a regular
basis. The Planning Board asked the staff to investigate other portions of the regulations to
see the most restrictive standard. They found out that aten-year 24-hour storm is a higher
intensity storm, and the Planning Board suggested that the standards meet this higher rainfall
event.
Craig Benedict said, in reference to the recommendation, the intent is that the Planning
Board asked for a few changes that the Administration agreed with, and then some of the other
highlighted changes were suggested by Administrative staff about the wording. These changes
were after the Planning Board reviewed it.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to
approve the attached ordinance consistent with the Planning Board recommendation including
additional changes by the Administration.
VOTE: UNANIMOUS
n. Grant Repuest from Duke Health Community Care, Inc. to Assist in Purchase of
Emergency Generator
The Board considered approving grant funding in the amount of $10,000 from the
Human Services Safety Net reserve to assist in the purchase of an emergency generator for
the Duke Community Hospice Inpatient Care facility located in the Meadowland business park,
Hillsborough.
Commissioner Brown that it would be important to communicate with the Board of
Directors so that they know that the $10,000 is an agreement that the facility would be available
to citizens in the event of an emergency. She would like to put this in writing.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to
authorize the allocation of $10,000 from the Human Services Safety Net reserve to Duke Health
Community Care to assist in the purchase of an emergency generator for the hospice facility
located in Hillsborough. This also includes the understanding that, if there were space, the
facility would be available for Orange County citizens in the event of an emergency. The
Manager will write a letter to the Board of Directors of Duke Health Community Care.
VOTE: UNANIMOUS
9. Items for Decision--Regular Agenda
a. Acceptance of Grant Allocation from the Department of Homeland Security
State Homeland Security Grant Program
The Board considered acceptance of a State pass-through grant allocation of federal
Homeland Security funds in the amount of $363,908 to reimburse Orange County for the
purchase of equipment associated with homeland security activities of the County, its
municipalities, and the University; authorizing the Manager to sign the Memorandum of
Agreement; authorizing the Manager to sign the Assurances of Participation; authorizing the
Manager to identify Nick Waters, Director of Emergency Management, as the Designated
Agent under Annex B; and authorizing the Manager to identify Eric Griffin, Emergency
Management Specialist, as the Point of Contact under Annex B.
John Link explained this State pass through grant in the amount of $363,000. The
decision on how the money will be used is still being addressed. They are just asking that the
Board accept receipt of the grant and the staff will come back on how it will be used.
Commissioner Brown said that EMS Director Nick Waters did a report on what the
County needed in terms of emergencies. She recalls that the piece that they really needed was
communication and how to match up the County's system with the systems of the Towns. She
asked if this grant covers this. She also asked why the group would choose to buy gas masks.
Nick Waters said that there are three grants talked about in the abstract and the gas masks