HomeMy WebLinkAboutORD-2003-145 Making All Schools a Special use in Appropriate Zoning Districts and add Standards of Evaluation Zoning Ord~7
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARINGAGENDA ITEM ABSTRACT
Meeting Date: November 24. 2003
D DQ ~ - moo ~ _ ~ ,~ ,~"
Action Agenda
Item. No. C.3.a
SUBJECT: Proposed Amendment to the Orange County Zoning Ordinance to Make Schools:
Elementary, Middle, and Secondary a Special Use iri Appropriate Zoning Districts
and Add Standards of Evaluation
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
• Proposed Ordinance Amending Permitted Use.Table Craig N. Benedict, Ext. 2592
• .Ordinance Proposing Text Amendments to Zoning
Ordinance Referencing Special Use Standards
(to be delivered under separate cover)
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-2700
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To receive public comment on 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.
BACKGROUND: Schools: Elementary, .Middle, and Secondary ("schools") are currently a
permitted use in the following zoning districts: RB, AR, R1, R2, R3, R4, R5, R8, R13 and OI.
Recent amendments to the EDD Design Manual permitted use table added "schools" as a Class A
:Special Use in the Buckhorn EDD. Special use standards specific to "schools" were also prepared
and are pending adoption by the BOCC.
In addition, the recently adopted November 5, 2003 "Growth Management Subdivision Standards"
are under consideration. to be used as appropriate, to evaluate school applications. Many aspects
of subdivision review also can be .readily applied to non-residential development. EDD design
standards also parallel these new standards so these text amendments will promote consistent.
standards whether in a subdivision or other non-residential use.
Staff work on the Buckhorn EDD amendment prompted an assessment of "schools" in other zoning
districts. It was determined that they pose certain. impacts, most notably traffic, and addressing
them as a special use in all applicable districts would make it possible to more effectively mitigate
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impacts and apply consistent standards throughout the County planning jurisdiction.
Therefore school review will .include specific school-related standards, general special use
standards, and comprehensive standards that address the wide scope of public service provision
and environmental design sensitivity .
FINANCIAL IMPACT: None.
RECOMMENDATION(S): Planning Staff recommends approval of the proposed amendments.
The Administration recommends that the proposed amendments be referred to the Planning Board
for a recommendation to be returned to the BOCC no sooner than January 26, 2004.
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An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North 1 ~~ 1
Carolina, that the Zoning Ordinance is hereby amended as follows:
Bold =New Language
~~ =Deleted Language
Section 1: Amend Article 4, Section 4.3 entitled "Permitted Use Table" and Use
P191isted 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 day of , 2003.
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 , 2003
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.
Clerk to the Board of Commissioners
SEAL
4.3 PERMITTED USE TABLE ~'
' =PERMITTED USE. ~
A = CLASS A SPECIAL USE (ARTICLE B)
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 8 B B B B
P17A Telecommunication Towers (150 feet B B B B B B B B B B 8 B B B B B B B B B B
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
P17D
Telecommunication Tower -Stealth
~
~
~ m
~
(75 feet or shorter). p o
P18 Researoh Lands & Installations, Non- -mn x
profit ~
~
Ply Schools Elementary, ~A4iddls & - ~ ~ - ~ ~ `- ~
O WO
SecAnda
ry
A
A
A
A
A
A
A ~
A
A
'A ~ n ~
O
20
ch
ools: Vocational
•
•
i
~
• Z
O /C^~
Y/
x
~ m
P21
Schools: Danca, Art 8 Music
'
'
' n
~
° n
z
O
P21A
Non-Profit Educational Cooperative
A ~
O ~
(~
(1) v
D
P22 Transmission Lines B B B B B B B B B B B B B B B B B B B c
~°
P23
Universities, Colleges & Institutes
• D
Z
c
P24 Governmental Facilities & Office
~
"
~
"
~
~
R
~
•
•
"
Buildings
P25 Water & Sanitary Sewer Pumping ' ' ' ' ' ' ' '
P28 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 C-DD HED PID
Amendments: (1) 7-1-85
(2) 1-5-87.
(3) 2-19-91
(4) 3-1-94
(5) 12-10-02
P oposed Changes to Use P1'9:
* =Delete
A=Add
103
Ordinance presented at Public Hearing
November 24, 2003
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 Special
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)
11. Estimated water. usage for structures, landscaping and athletic
fields
12. A Traffic Impact Study as required by Article 13 of the zoning
ordinance
13. A Biological Inventory shall be prepared in accordance with
Section 8.8.29.1 B (b).
b. Twenty-six copies of Landscape Plans showing the locations of
104
Ordinance presented at Public Heating
November 24, 2003
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.
Standards of Evaluation
1. If located within an EDD, the application must meet the following
general standards of the EDD Design Manual and, to the extent
applicable, 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 Coritrol
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 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:
105
Ordinance presented at Public Hearing
November 24, 2003
(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 -source and capacity of water supply.
(5) Wastewater Treatment Methods -provider and capacity of
wastewater treatment source.
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, or conservancy or a
homeowner's association. 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
106
Ordinance presented at Public Hearing
November 24, 2003
(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 shalt 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 1 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
107
Ordinance presented at Public Hearing
November 24, 2003
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 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 is phased to the extent practical to
:minimize disturbance and sedimentation;
3) Sediment control measures will 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. will 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.
Ordinance presented at Public Hearing
November 24, 2003
i) Irrigation
108
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/ora 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 via existing public roads 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 on-going site management (including
.109
Ordinance presented at Public Hearing
November 24, 2003
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 lot size shall be, with respect to non-charter public
schools, as required by the School Constnaction Standards adopted
from time to time by Orange.County, the Orange County Board of
Education and the Chapel Hill-Carrboro Board of Education. With
respect to all schools the lot size shall 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.
c. 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. If school
buses are used, then at least one access shall be limited to bus use
only. Other 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.
110
Ordinance presented at Public Hearing
November 24, 2003
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 adopted.
Upon motion of Commissioner ,seconded by Commissioner
the foregoing ordinance was adopted this the day of
2003.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange
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 , 2003 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.
Clerk to the Board of Commissioners
SEAL
~~ - a •~'--s ~ o ~
C , ,~, ~
b. Amend Article 22 (Definitions) Article 4 1 iEstablishment of Use`Reaulations)
Article 4.3 (Permuted Use Table) and Article 6 29 4 (Additional Requirements for
Certain Subdivisions} of the Zonmg Ordinance and Section II (Qefinitions) and
Section III-D-3 iPrelimmary Plat Approval} of the Subdivision Regulations to require
subdivisions with more than 20 lots m rural designated areas to follow a planned
developmentlspecial use permit/zoning atlas amendment process.
Craig Benedict said that. this is in regards to the growth management°sgstem fot thresholds. At the
August public hearing, amendments were brought forward that classified certain areas as rural
shown as green on the. map and certain areas as urban designated. At that time, the public.
'hearing announcement said that 41 lots + in a rural area would undergo a rezoning. The Planning
,Board thought that a 20+-ot provision was more in order o represent the ,impacts that could occur
in a rural area. At the November 5th meeting the Board of County Commissioners went with the
Administration's recommendation, which was 41+ lots with the rezoning becausetha# is what the
egal advertisement said':. The Board requested that 21+ lots be considered at this. public hearing.
There .are no changes to thresholds in the urban. designated areas.
He spoke about impacts of different subdivisions. fihe assumption for a rural road: is that the
average high speed is 70 miles .per hour. The intent of the enhanced rural preservation-and
accommodating the agricultural community in these areas is to have a level of service on rura)'
roads that is mgrs accommodating for the agricultural traffic The level of service B has been .used
In this analysis, and it hows that a 20-lot subdivision would create a 5% increase:on the maximum
capacity..
A motion was made by Commissioner Halkiotis, secondetl by Commissioner Jacobs to
accept the Administration's recommendation to refer the proposed amendments to the
Rlannng Board #or a recommendation to be returned to the BOCC no later than December
9, 2003'.
VQTE`: UNANIMOUS
3. Text Amendments- to the Orange County Zoning' Ordinance
a. Amend Article 4.3 (Permitted Use Table) and Article 8 tSpecial Uses) and the
standards therein to allow "School, elementary, middle and high "with the
approval of a Class A special use permit and to apply special use permit standards
that meet the general standards zoning district reauirements and the applicable
standards detailed in Article 8.8.29 and Article 8.8.30.
Craig Benedict aid that this is also a follow up to the August public hearing and a discussion
concerning the permitted use table and special uses to regulate schools in different sections of the
County. Previously, there have been regulations for schools to be located in an economic
development district. It was suggested that a class A special use process be brought back for
everywhere a school is located (residential or EDD).
This item has two parts: ;One is to make anywhere where schools are allowed now to have a class
}~- special. use process. This.. allows more input by the Planning Board and the Board of County
Commissioners. In addition, there are.. other recently adopted especial use standards that were very
comprehensive. He made reference to the "pyramid" on the handout and: explained it
He said that they have imported the regulations for subdivisions, and have transferred them over
for the use of schools. They hays created a new district.:
Commissioner Gordon said that on page 104, she was asking what the. standards of evaluation
meant. She said that she asked Craig Benedict what sections it applied to, so it is just a matter of
clarifica#ion
Craig'Benedict said that they can re-word. this by saying where a conflict "exists, :the most
restrictive standards will' apply,"
Commissioner Gordon asked about page 105, regarding: Water Supply and' Wastewater Treatment
Method, and" said that she understands that this isfor all schools and not just. public schools_ She
thought thatpublic water and sewer were preferred. If it is not public water and sewer, then she
thinks there should be a water resources report. She asked about a solid waste convenience
center and if this was supposed to be provided.
Commissioner Gordon= referred to page 108 and public road access. She aid that public road`
access is required., but this does not state that it is: She hinks'this should be stated:.
Commissioner Gordon made reference to the growth-:.management standards and how they apply
to schools and asked about a pedestrian bicycle -plan and open space connectivity. She asked if
you needed constructed resources.. Craig Benedict wall investigate these areas and provide a
report to the Planning Board.
Craufard Goodwin asked' about historical resources. Craig Benedict said that they can look at this..
1Vo public comment.
A motion was made by Commissioner Halkiotis,, seconded by Commissioner Jacobs to
.accept the, Administration's recommendation to refer the proposed amendments to the
Planning Board for a recommendation to be returned to the BOCC no sooner than January
26, 2004.:
VOTE:: UNANIMOUS'.
b. Amend Article 6.18 iTelecommunication Towers and EQUipmentl and ~-rticle 8 8 1~a
tTelecommunication Towerst to clarify inconsistencies and provide a better
understandins~ of the various aspects of the review process as well as revise the-
intent, scope, and use of the Master Telecommunications Plan concept.
Craig `Benedict made reference to the gray handout. There are some minor changes in this. They
went through a process of 18 months of moratorium for towers and they have reviewed four class:
'B telecommunication tower permits that went through the Board of Adjustment process. They
'have learned that there is more information to help them review the applications. The suggestions
are in the amendments:. He explained the amendments. Some-:additional information includes
having photographs when they come in with the application, requiring a lump sum with the formal
application, etc. There- has not been consensus on the. issue ofthe Master Telecommunications.
Plan regarding the public safiety system and how it works with the regulations. They have removed'
the. County owned properties from the .priority list at this time.
Commissioner Jacobs. made reference to page 12 of the handout where it says, "Co-locators shall
be refused access. for co-location by charging exorbitant lease fees." He suggested .adding.. to thin,
"as determined by the County's .consultant' since this is open to interpretation.:
Sean Borhanian said that this was indicated in number five.