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Home My WebLink AboutAgenda - 02-23-1998 - C3 061 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date February 23, 1998 Action Agenda Item #C3 (a SUBJECT: ZONING ORDINANCE TEXT AMENDMENT- Floor Area for Existing Non-residential Uses in Residential Districts Article 5.1.2 Schedule for Non-residential Development DEPARTMENT: PLANNING& INSPECTIONS PUBLIC HEARING: X Yes No BUDGET AMENDMENT REQUIRED:—Yes X No ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron Extension 2580 Proposed Amendment TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill 967-9251/9684501 PURPOSE: To receive citizen comment on a proposed amendment to the Zoning Ordinance to increase the maximum floor area allowed existing non-residential uses permitted in the AR,RB,R-1,R-2,R-3,and R4 zoning districts. BACKGROUND: 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.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 text of the amendment is attached Wowing additional background information. The proposed standard is equal to the current 062 limit on floor area in PD-R-4 district and is consistent with actual floor area of existing facilities. RECONEWENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application.However Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case,the public hearing is the time when the Zoning Officer's recommendation is presented. Zoning Offlcer Recommendation The Planning Staff recommends approval of the proposed amendment to the Schedule of Non-residential Development. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned no sooner than May 063 PROPOSED ORDINANCE AMENDMENT [DRAFT] REFERENM-- ZONING ORDINANCE Article 5.1.2 Schedule for Non-residential Development ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public X Other: County Manager EXPECTED PUBLIC HEARING DATE.-February 23, 1998 PuMose 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. ImIjacts/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 areas. 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,courtyards,athletic fields,or cemeteries. In Article 5 of the Zoning Ordinance,dimensional requirements are established for each zoning district Two sets of standards 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 larger land r equirements,institutional uses frequently have difficulty locating where they are needed,or expanding to meet growing community demands. 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 064 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 text of the amendment is attached. The new 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. Other non-residential uses permitted in residential districts include the following: Botanical Gardens Cemeteries(Class B SUP) Bus Passenger Shelters Community Centers(Class B SUP) Governmental Protective Services Parks Ordinance Review Committee: Planning Board: BOCC: 5.1.2 SCHEDULE FOR NON-RESIDENTIAL DEVELOPMENT LOT BY LOT, PLANNED DEVELOPMENT MIN LOT MIN REQ REQ MAX MIN GROSS MAX GROSS LUI MAX REQ MIN REQ MIN AREA PER LOT FRONT SIDE do 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 117.'120 130 40 20 25 22 .088 PD 87,120 130 64 .21 25 174,240 - 22 .100* .94 .21 AR LOT 40,000 ISO 40 20 25 PD 40,000 ISO - - 22 .088 .64 .21 25 80,000 - 22 .100* .34 .21 RI LOT 40,000 ISO 40 20 25 22 .086* .64 .21 PD 40,000 130 - - 25 60,000 - 22 .100* 94 .21 R2 LOT 20,000 100 30 15 25 - 24 .088* 83 208 PD 20,000 - 100 25 45,000 - 26 .100* .62 .205 R3 LOT S I .= 100 30 IS 25 - 28 .088* .81 .203 • PD 15,000 100 - - 25 30,000 - 30 .100* .80 .20 R4 LOT 10,000 75 25 10 25 33 .123* .79 .198 Ln PD 10,000 75 25 15,000 w - 35 .141 .78 .195 R5 LOT 7,500 SO 20 10 25 30 174 PD 7,500 50 - - 25 10000 •76 .195 , _ � .200 .76 .19 R8 LOT 5,000 50 20 8 25 - 43 ,246 •7S .088 PD 5,000 50 ' 25 7,000 45 .283 .74 .185 R13 LOT - _ PD 3,000 50 - - 25 5,000 50 .400 .72 .18 LC I LOT 75 15 15 25 - 30 .100 .80 PD - - - - 25 - 421,344 32 .115 .79 .20.198 NC2 LOT 2,000 20 50 - 35 0 - 40 .200 .76 PD 2,000 _ _ .19 35 - 421,344 42 .230 .75 .188 CCB LOT 2,000 20 50 - 45 0 - SO .400 .72 PD 2,000 - - 45 425,600 1,273,544 52 IS .439 72 .I8 GCH LOT 40,000 75 35 - 45 53 .492 .71 PD 40,000 .178 w - - - 45 425,600 NO MAX. 55 .566 .71 178 EC5 LOT 40,000 75 35 45 _ a 53 .492 .71 .178 w OI LOT 5,000 50 25 10 35 a PD 5,000 _ _ - 40 .200 .76 .19 35 200,000 NO MAX. 42 .230 .75 .188 1 El LOT 80,000 200 50 50 45 a - 23 .200 .80 .20 *Permitted non-residential uses existing as of 5/6/98 shall be limited to a maximum floor area ratio of .141 in the AR RB, R-1, R-2, R-3, and R-4 zoning g ts. , r • 066 ------------