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HomeMy WebLinkAboutAgenda - 06-24-2008-5aORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: June 24, 2008 Action Agenda Item No. ~-Q SUBJECT: Review of Class A Special Use Permit Proposing the Development of a Private School DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) YES ATTACHMENT(S): (Under Separate Cover) 1. Application Packet 2. Adjoining Property Owner Letter 3. Staff Review/Comment Memos 4. Site Plan/Resource Management Plan 5..E-mail Drawing -Access Reconfiguration INFORMATION CONTACT: Craig Benedict 245-2592 Michael Harvey 245-2607 PURPOSE: To review a Class A Special Use Permit (hereafter `SUP') application proposing the development of a Private Montessori Farm School at 711 Terry Road (SR 1573) in accordance with the provisions of Article Eight (8) Special Uses and Section 8.8.30 Elementary, Middle, and Secondary of the Orange County Zoning Ordinance (hereafter `Ordinance'). BACKGROUND: On March 14, 2008 staff, received a SUP .application proposing the development of a private school at 711 Terry Road (SR 1573). The basic facts concerning the property and the application are as follows: APPLICANTS: Montessori Farm School Lisa Wallace PO Box 1143 Hillsborough, NC 27278 AGENT(S): Steve Yuhasz PLS (Surveyor and Attorney) Fredrick Stewart PLLC (Architect) LOCATION: 71.1 Terry Road (SR 1573) PARCEL INFORMATION: a. TMBL /PIN: 5.10..22 / 0806-76-4683, b. Size of parcel: Fourteen and a half (14'/2) acres, c. Zoning of parcel: Agricultural Residential (AR) Lower Eno Protected Watershed Overlay, d. Township: ENO, 2 e. Land Use Element Map (LUEM) Designation: Agricultural Residential PROPOSAL: The applicant, Montessori Farm School, a private non-profit corporation is seeking an SUP to develop a private school based on the Montessori curriculum. The applicant intends to develop the school with a major emphasis on providing afarm/agricultural and science oriented curriculum including: a. Farm and crop production, b. Animal care, c. Recycling, composting, and water conservation activities/projects, and d. Study of the natural environment. The applicant is proposing to have three (3) pre-school classrooms, one (1) elementary classroom (1St through 3~d grades) and one upper elementary classroom (4t" through 6t" grades) for approximately: a. Eighty (80) pre-school/kindergarten and b. Forty (40) elementary school children (grades 1St through 6t") There will be a total of one hundred twenty (120) children attending school at the property once the facility reaches the intended capacity. The applicant indicates that there will be twelve (12) staff supporting the school's activities, with one (1) lead teacher and one (1) assistant per individual classroom. ORDINANCE REQUIREMENTS: The review of this application shall be in accordance with the provisions of Article Eight (8); and specifically Section 8.8.30 of the Ordinance. The following standards, as detailed within Section 8.8.30 of the Ordinance, have been established to determine the appropriateness of the application: I. Service Provision: (1) Fire -identifies the primary and secondary responders and the source(s) of water. On May 5, 2008 the following information was provided by Mike Tapp, Deputy Director/Fire Marshal, Orange County Emergency Services concerning this project via a-mail: 1. Caldwell Fire Department is the designated provider of fire and first responder services for this property, 2. The Caldwell Fire Department has identified the need for a water source for fire protection for the school. Currently, the Department uses tankers to transport water to fires in the area. Due to life and safety considerations for an educational occupancy, however, a water source for fire protection must be designed and installed. The design of the water source shall be approved by the Caldwell Fire Chief and the Orange County Fire Marshal's Office. 3. Stacking spaces in the driveway shown on the plans must be revised to reflect a twenty (20) foot roadway. Stacking vehicles in the driveway will restrict access to the buildings by emergency response vehicles 4. Fire lanes shall be installed to access classrooms from the parking lot area. Fire lanes must meet the provisions of the North Carolina Fire Prevention Code. Staff Comment: According to the applicant these issues are being addressed for discussion at the public hearing. (2) Police -identifies the primary and secondary responders. Staff Comment: The application identifies that the Orange County Sheriffs office will be responsible for providing protective services to the proposed school. The Orange County Sheriff's office has informed staff that there is sufficient capacity within the department to provide protective services to the proposed new school through a letter dated April 17, 2008 (see letter within Attachment 3) (3) Rescue services. -identifies the primary and secondary responders. Staff Comment: The application identifies that Orange County EMS will be responsible for providing emergency services to the proposed school. The County Fire Marshall/EMS Director has informed staff that there is sufficient capacity within the department to provide rescue services to the proposed new school. (4) Water Supply -identification of public or private utility source and capacity of water supply or identification of water source through a water resource study. Staff Comment: The application indicates that they intend to develop a private well on the property to serve as the primary water source for the school. (5) Wastewater Treatment Methods -provider and capacity of wastewater treatment source. Staff Comment: The application indicates that they intend to develop a private septic system on the property for waster water disposal. The Health Department has expressed a concern that the site plan, as submitted, does not appear to show adequate area to support the necessary system for the school. The applicant has indicated that the septic area will be revised to address the Department's concerns. (6) Solid Waste. A Solid Waste Management Plan will have to be prepared and reviewed by Orange County Solid Waste. Staff Comment: Staff has been informed by Mr. J. Grant Gale, of Orange County Solid Waste, that a Solid Waste Management Plan has been submitted for review 4 on this proposal. Mr. Gale has informed staff that he has requested additional information from the applicant. I1. Biologicallnventory: A Biological Inventory is required to be prepared in accordance with Section 8.8.29.1 B (B) of the Ordinance. The purpose of the inventory is intended to identify ` habitat diversity, species diversity, species or special concern such as those designated as threatened or endangered, last known sighting, candidate species likely to be present which may warrant protection, specimen trees outstanding in size and/or species, and the status and source of the information complied in the inventory' Staff Comment: A Biological Inventory was prepared by The Catena Group of Hillsborough, North Carolina and submitted to staff by the applicant on May 19, 2008 (copy of the report is contained within Attachment 1). Planning and Environmental Resource and Conservation (ERCD) staff have reviewed the document, as well as information contained within Inventory of Natural Areas and Wildlife Habitats for Orange County North Carolina, and determined that there are no significant animal/plant species on the property or existing habitat area warranting special consideration (see memo within Attachment 3). I11: Landscaping and Buffering: The Ordinance requires the submission of a landscape plan outlining the locations of existing vegetation, areas proposed for preservation, as well as plants and materials for proposed planting areas. Staff Comment: The landscaping and buffering information is contained on the second page of the site plan and includes information on the Resource Protection plan for the project. The plan denotes the following: 1. There are several streams on the rear of this property requiring a eighty (80) foot stream buffer per Section 6.23.7. The streams are located to the rear of the property, east of the proposed school building sites. Staff Comment: The Site Plan and Resource Management Plan denote the appropriate stream buffer as required by the Ordinance. 2. In addition to the stream buffer, the applicant is proposing: a. A twenty (20) foot vegetative buffer along the north property line, b. A variable buffer area separating the Elizabeth Mack property (TMBL 5.10..22 / 0806-76-4683) ranging from forty (40) to one hundred (100) feet along the eastern portion of Ms. Mack's property and twenty (20) feet of vegetative and pasture area to the south of Ms. Mack's property. c. A variable vegetative buffer along the southern property line, ranging from ten (10) to twenty (20) feet in width. The proposed driveway and emergency vehicle access area is approximately ten (10) feet from the southern property line. Staff Comment: The landscaping and buffering plan appears to be consistent with the requirements of the Ordinance. IV. stormwater Management/Drainage/Grading and Erosion Control: The applicant has submitted a Grading and Erosion Control Plan to the County for review. The plan indicates that stormwater shall be maintained on the property. The property is to be graded to channel stormwater runoff into a fenced pond shown on the submitted site plan. This pond is also listed as being a potential source of water for the Caldwell Fire Department to use for fire protection services. Staff Comment: Review of the Grading and Erosion Control plan is proceeding. If the SUP is approved, a condition of approval should be that the site will comply with any and all provisions of the approved Grading and Erosion Control Plan. V. Traffic Impact: The Ordinance requires that a Traffic, Impact Analysis (TIA) be completed in accordance with the provisions of Article Thirteen (13) of the Ordinance. The purpose of the TIA is to identify any and all traffic improvements that will be necessary to support the development of the proposed land use. Staff Comment: Terry Road is a State Maintained Road classified as a Minor Arterial by the Orange County Land Use Element of the Comprehensive Plan. The capacity of Terry Road is intended to be between 10,000-25,000 Vehicles Per Day (VPD). The anticipated traffic trips generated by the proposed school site has been estimated at approximately three hundred (300) trips per day. In accordance with Section 13.3 of the Ordinance, a formal TIA is not required for. this project as the estimated traffic generated by the proposed development will not exceed eight hundred .(800) trips per day. Staff has required the applicant to submit the site plan to the North Carolina Department of Transportation for review. NC DOT is in the process of reviewing and issuing a driveway permit that will identify any and all on/off--site improvements necessary to address traffic flow concerns. The applicant will be required to adhere to any permitting conditions imposed by NC DOT. VI. Public Road Access: The Ordinance requires that the property have access from an existing public road and that such access be in compliance with any and all public road access management plans adopted by Orange County. Staff Comment: As previously indicated, Terry Road is a State Maintained .Road classified as a Minor Arterial by the Orange County Land Use Element of the Comprehensive Plan. The applicant is proposing to have one (1) vehicular ingress and egress from Terry Road to access the property. 6 VI1. Additional .Standards: Per Section 8.8.30 (3) the following additional standards are required as part of the SUP review: a. The minimum lot 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 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. Staff Comment: Staff considers the lot to be of sufficient size to allow for the development of the school as proposed by the applicant: 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. Staff Comment: Based on the site plan submitted by the applicant, staff has determined that there are no negative visual impacts associated with the development of the property as a school. c. Transportation improvements as deemed necessary by the Traffic Impact Study. Staff Comment: As previously indicated, a formal Traffic Impact Study is not required for this project. Staff has required the applicant to submit the site plan to the North Carolina Department of Transportation for review. NC DOT is in the process of reviewing and issuing a driveway permit that will identify any and all on/off-site improvements necessary to address traffic flow concerns. The applicant will be required to adhere to any permitting conditions imposed by NC DOT. Staff will be reviewing the need for additional traffic improvements, including the need for turn lanes, with NC DOT during the review of this project. 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. Staff Comment: Staff does not believe that the property lends it self to the development of `shared use opportunities' and, as a result, have not required the designation of any portion of the property for such uses. 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. Staff Comment: The applicant is showing only one (1) access point to the property off of Terry Road. Internal circulation segregates student drop-off/pick-up traffic from visitor or staff traffic. The applicant has argued to staff that, as there is no proposed use of school busses to access the property, there really is no need to provide a separate access point for school employees and bus usage. PLANNING STAFF RECOMMENDATION: Based on the application, as submitted, the Planning staff must recommend denial based on the following: 1. The Ordinance, specifically Section 8.8.30 (3) (e) requires a: `minimum of two access points to the site'. The applicant is only showing one (1) access point to the site. While staff understands the applicant's contention that the overall intent of the regulation is to provide two (2) access points in an effort to separate student drop-off areas/visitor parking from bus traffic, the Ordinance nonetheless requires two (2) access points. Staff does not have the ability to `waive' this requirement. On June 16, 2008, staff was informed by the applicant that they would concede the point and provide for two (2) access points for this project off of Terry Road. An e-mail of the proposed reconfiguration was submitted to staff showing the proposed second access point (Please refer to Attachment 5). Unfortunately, staff has not received a revised site plan showing the new layout. Staff has been informed by the applicant that revised site plans will be available at the PUBLIC HEARING showing the location of the required second access point. Until a revised site plan is received demonstrating compliance with Section 8.8.30 (3) (3), staff recommendation is still to deny the request as submitted. FINANCIAL IMPACT: None RECOMMENDATION(S): The Zoning Officer recommends that the Board 1. Receive the Class A SUP Application, 2. Conduct the Public Hearing, 3. Receive any and all comments on the proposal, and 4. Refer the Class A SUP application to the Planning Board for review and comment with a request that a recommendation be submitted no later than August 14, 2008. Please find a table of contents on page 5A-8 outlining the location of various attachments.