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Home My WebLink AboutAgenda - 05-24-1993 - C 6b t M . O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 24 , 1993 Action Agenda Item # C 6b SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT (ARTICLE 4 . 3 - PERMITTED USE TABLE / NURSING HOMES) (ARTICLE 8 - SPECIAL USES) (ARTICLE 10. 4 - OFF-STREET PARKING REQUIREMENTS) (ARTICLE 22 - DEFINITIONS) DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Proposed Ordinance Amendments Extension 2580 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive citizen comment on proposed amendments to the Zoning Ordinance in order to create a land use category and development standards for nursing homes. BACKGROUND: Under the current Zoning Ordinance provisions, a nursing home facility for more than fifteen unrelated individuals must comply with standards for a rehabilitative care facility. The land use category for rehabilitative care includes facilities for persons addicted to drugs or alcohol, youthful offenders, and persons adjusting to non-prison life. Such facilities are permitted in the Local Commercial, Community Commercial, and General Commercial zoning districts. The Planning Staff proposes a new land use category and appropriate standards for nursing homes to be included in Articles 4 , 8, 10, and 22. RECOMMENDATION: Article 20. 3 . 3 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within thirty days of receipt of an application. However, Article 20.4 exempts any application for amendment to the Zoning Ordinance text by either the public or the County from the provisions of Article 20. 3 . In either case, the public hearing is the time scheduled for the presentation of the Zoning c 1'76 Officer's recommendation. Zoning Officer's Recommendation The Zoning Officer prepared the proposed Zoning Ordinance text amendment and presented it to the Ordinance Review Committee of the Planning Board. Provided the Planning Board and the County Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. No decision on the proposed amendment is made by either the Planning Board or Board of Commissioners at the public hearing. Amendments initiated by the County are not subject to time limitations other than those specified by the Board of Commissioners. Administration Recommendation The Administration recommends that the Board of Commissioners adjourn the public hearing until 7:30 on August 2, 1993, at the Old County Courthouse, Hillsborough, N.C. , to receive the Planning Board recommendation. 1 1:77 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 4 . 3 - Permitted Use Table Article 8 - Special Uses Article 10. 4 - Off-Street Parking Requirements Article 22 - Definitions ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: x High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: May 24, 1993 PURPOSE OF AMENDMENT: To differentiate the definition and standards for nursing home facilities from the current designation which is included under "rehabilitative care facility. " IMPACTS/ISSUES: Under the current Zoning Ordinance provisions, a nursing home facility for more than fifteen unrelated individuals must comply with standards for a rehabilitative care facility. The land use category for rehabilitative care includes facilities for individuals addicted to drugs or alcohol, youthful offenders, and persons adjusting to non-prison life. Such facilities are permitted in the Local Commercial, Community Commercial, and General Commercial zoning districts. Nursing homes for fifteen or fewer residents are considered group care facilities which are allowed in most zoning districts with a Class B Special Use Permit. The Planning Staff proposes a new land use category, H8a-Nursing Homes, that may be allowed in the same zoning districts as a group care facility with a Class A Special Use Permit approved by the Board of Commissioners. Appropriate standards are recommended for addition to Article 8 - Special Uses, and a revised definition of "nursing home" proposed for Article 22 . EXISTING AND PROPOSED ORDINANCE PROVISIONS: Article 4.3 - Permitted Use Table (see attachment) Amendments: (1) 30-4-82 4`3 PERMITTED USE TABLE (2) 2-19-05 (3) 10-4-82 * = PERMITTED USE (4) 1-5-87 A = CLASS A SPECIAL USE (ARTICLE 8) ' (5) 1-3-89 B = CLASS B SPECIAL USE (ARTICLE 8) (6) 8-5-91 RB AR R1 R2 R3 R4 R5 R8 R13 LC1 1lC2 CC3 GC4 EC5 01 El I1 I2 I3 AS ED 1'1n III Day Care Facility, other than Large Day Care B B B B B B B B B * * * * * R Home (1) (5) (6) Ilia Day Care Home, Large (6) * * * R k k k R * k * * * k 112 Dwelling; Single-Family, w/uo efficiency apartment * * * * * * * * R * k k 113 Dwelling; Two-Family * * * k k k * * * R * R 114 Dwelling; Multiple Family R k * R * * * * k 115 Dwelling; Mobile home k a * R k * • R k ■ * k 116 Family Care home 117 Group Care Facility B B B B II B B B B B B B B B B 118 Rehabllative Care Facility k * k I //// HBa Nursing Homes **Pro os Am.en d mEnt A A A A A A A A A A A A A A A �� e� �. 119 hotels i Motels k 1110 Residential hotel (Fraternities, Sororities, and Dormitories) A A A A A 1111 Rooming (louse k * R * k 1112 Temporary Mobile Home (Custodial Care) B B B B B B B B B B 1112a Temporary Mobile Home (Use during construction/ Installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy) (2) * * k R k k 1113 Tourist home (3) R * * t Accessory Uses * * k k R R * k • R R R * * * * * R * R R R 110 AR R1 R2 R3 R4 R5 RD 1113 LC1 HC2 CC3 GC4 EC5 OI E1 11 I2 73 A; EU 1'IU (4) 2179 8.8.28 Nursing Home Facility 8 . 8 . 28 . 1 Additional Information In addition to the information required by Articles 8 . 2 and 8 . 8, the following shall be submitted as part of the application: Al Evidence that all requirements to qualify for a State of North Carolina nursing home license have been satisfied. b) A floor plan of the proposed nursing home facility showing the use and dimensions of each room and the location of entry/exit points. 8 . 8 . 28 . 2 Standards of Evaluation The following standards shall be used in evaluating an application for a nursing home facility: al All requirements to qualify for a State of North Carolina nursing home license are satisfied. hi The facility is to be located and the site developed in a manner that does not expose residents to hazardous conditions (such as steep slopes, open drainageways, or conflicts between vehicular and pedestrian circulation) . cl A fence shall be provided around the facility to protect residents from leaving the site without supervision. In lieu of a fence, the applicant may propose an alternative method of security. d1 The site shall have direct access to a State-maintained road or a Class A private road as described in the Orange County Subdivision Regulations. el All areas designated for use by residents shall be accessible by patients in wheelchairs and those with difficulty walking. fl Dimensional requirements for nursing home developments shall be according to Article 5. 1. 2 - Schedule for Non- Residential Development. g.. Parking standards are contained in Article 10. At least one entry/exit shall be designated for emergency access to the site and to each building and shall remain unobstructed at all times. h1 In addition to individual rooms for patients, detached dwelling units and attached multiple dwellings (duplexes, triplexes. apartments) are allowed for use by the facility owner, resident staff members , or as guest quarters. 150 3 Article 10.4 - Off-Street Parking Requirements H-7 Group Care Facilities One space per 2 beds; One space per employee on shift of maximum employment H-8 Rehabilitative Care Facility One space per 2 beds; One space per staff member. H-8a Nursing Homes One space per 2 beds; One space per 300 square feet of administrative office space Article 22 - Definitions Nursing Home - A facility licensed by the appropriate State agency = _ - _ _ _ _ ' _ - - - - requirements Set forth in this ordinance as a group care facility for more than fifteen (15) unrelated persons, for the purpose of providing nursing or convalescent care. Persons admitted to a nursing home require continuing medical supervision, but do not need special facilities provided by general hospital care, such as x-ray equipment, laboratory facilities, or an operating room. Rehabilitative Care Facility - A facility licensed by the appropriate State agency as a group care facility for individuals who are handicapped, ate, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health care, adult supervision, or rehabilitation. ********************************** ORDINANCE REVIEW SUBCOMMITTEE: 4/5/93 PLANNING BOARD REVIEW: BOCC REVIEW: