HomeMy WebLinkAboutAgenda - 08-17-1993 - III-G 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date August 17 , 1993
Action Agenda
Item # s
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
(ARTICLE 4 . 3 - PERMITTED USE TABLE / NURSING HCMES)
(ARTICLE 8 - SPECIAL USES)
(ARTICLE 10. 4 - OFF-STREET PARKING REQUIREMENTS)
(ARTICLE 22 - DEFINITIONS)
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
ATTACHMENT (S) : INFORMATION CONTACT: Emily Cameron
Proposed Ordinance Amendments Extension 2580
5/24/93 Public Hearing Minutes
6/21/93 'Planning Board Minutes
[This item was tabled from TELEPHONE NUMBERS:
the Consent Agenda of the Hillsborough - 732-8181
August 4th meeting. ] Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To consider proposed amendments to the Zoning
Ordinance creating 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 . The proposed
amendment would allow nursing homes with a Class A
Special Use Permit in the same zoning districts where
Group Care Facilities are permitted with a Class B
Special Use Permit. A Group Care Facility is similar
to a nursing home that serves seven to fifteen
unrelated individuals.
2
Existing ordinance provisions contained in Article 12
(Landscaping and Buffer Requirements) and Article 14
(Site Plan Approval Procedures) will apply to proposed
nursing homes to insure compatibility with surrounding
properties.
The proposed amendments for nursing homes were
presented at the public hearing on May 24 . No citizen
comments were received at that time. The item was
referred to the Planning Board for a recommendation to
be presented to the County Commissioners no sooner
than August 4, 1993 .
On June 21, the Planning Board recommended approval of
the proposed amendments. On August 4, the amendments
for nursing homes were removed from the Consent Agenda
and tabled until the August 17th meeting. Additional
language was added to Article 8 . 8 . 28 . 2c) for
clarification of required security measures.
RECOMMENDATION: The Administration recommends approval of the proposed
text amendments to Articles 4 , 8 , 10, and 22 with the
change to Article 8 . 8 . 28. 2c) .
III
3
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) 10 -4 -82
(2) 2 -19 -85
(3) 10 -4 -82
(4) 1 -5 -B7
(5) 1 -3 -89
(6) 8 -5 -91
4.3 PERMITTED USE TABLE
* = PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE 8)'
B = CLASS B SPECIAL USE (ARTICLE 8)
III Day Care Facility, other than Large Day Care
Home (1) (5) (6)
Hla Day Care Home, Large (6)
112 Dwelling; Single - Family, w /wo efficiency apartment
113 Dwelling; Two - Family
114 Dwelling; Multiple Family
115 Dwelling; Mobile Home
116 Family Care Home
117 Group Care Facility
JA 118 Rehabilative Care Facility
/H8a Nursing Homes "Propgs -ed Am.en.dmPan.t"
119 hotels & Motels
1110 Residential hotel (Fraternities, Sororities,
and Dormitories)
1111 Rooming ]louse
1112 Temporary Mobile Home (Custodial Care)
1112a Temporary Mobile Home (Use during construction/
installation of permanent residential unit and
for 30 days following issuance of Certificate
of Occupancy) (2)
1113 Tourist }Tome (3)
Accessory Uses
RB
AR
R1
R2
R3
R4
R5
R8
R13
LC1
HC2
CC3
GC4
EC5
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B
B
B
B
B
B
B
B
B
i
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
*
*
*
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
A
A
A
A
A
*
B
B
B
B
B
B
B
B
B
B
*
*
*
*
*
*
*
*
*
*
*
*
*
*
R1
*
R2
*
*
*
*
*
*
*
*
*
*
*
*
ET
*
*
I2
*
*
*
*
RB
AR
R3
R4
R5
R8
R13
LCI
MC2
CC3
GC4
EC5
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am
19
5
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.
bl 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:
i All requirements to qualify for a State of North
Carolina nursing home license are satisfied.
b) 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) .
c) To prevent residents from leaving the site without
supervision, a physical barrier such as a fence, wall,
or berm with plantings shall be provided around the
facility. In lieu of a physical barrier, the Zoning
Officer may approve an alternative method of security
that provides an equal degree of protection such as
surveillance cameras and electronic monitoring.
d) 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.
e) All areas designated for use by residents shall be
accessible by patients in wheelchairs and those with
difficulty walking.
f Z Dimensional requirements for nursing home developments
shall be according to Article 5 . 1. 2 - Schedule for Non-
Residential Development.
q) 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.
h) In addition to individual rooms for patients, detached
dwelling units and attached multiple dwellings
{
6
(duplexes, triplexes, apartments) are allowed for use
by the facility owner, resident staff members, or as
quest quarters.
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
II
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
p 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, aged, disabled, youthful offenders, addicted
to alcohol or drugs, requiring professional health care, adult
supervision, or rehabilitation.
II
**********************************
ORDINANCE REVIEW SUBCOMMITTEE: 4/5/93
PLANNING BOARD REVIEW: 6/21/93
BOCC REVIEW:
11
7
the public hearing until 7 : 30 p. m. on August 17 , 1953 to receive the Planning
Board recommendation .
VOTE : UNANIMOUS
4
5 5 . ZONING ATLAS (MAP) AMENDMENTS
6 a . 2-1-93 Economic Development Districts
7 This item was considered under item 4a above.
8
9 b. Z-2-93 Marilyn and David Liner
10 Planner Emily Cameron presented for citizen comments a proposed
11 Zoning Atlas amendment in Efland. The property is located on the west side
12 of Efland-Cedar Grove Road approximately 650 feet north of US Highway 70 on
13 the south side of McGowan Creek. The total area proposed for rezoning
14 contains 4 . 18 acres . In the adopted Land Use Element of the Comprehensive
15 Plan, the property is designated Ten Year Transition in the Efland Center
16 Commercial-Industrial Node. The current zoning is Residential-1 and Protected
17 Watershed II . The zoning district proposed is Residential-3 . The property
18 does have access to public water and sewer and Efland-Cedar Grove Road is a
19 collector road.
20
21 THERE WERE NO QUESTIONS OR COMMENTS BY THE COUNTY COMMISSIONERS OR MEMBERS OF
22 THE PLANNING BOARD.
23
24 THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS.
25
26 Lindsay Efland spoke in favor of this proposal.
Motion was made by Commissioner Insko, seconded by Commissioner
Halkiotis to refer this item to the Planning Board and to adjourn the public
29 hearing until 7 : 30 on August 4 , 1993 to receive the Planning Board
30 recommendation.
21 VOTE: UNANIMOUS
32
33
34 6 . ZONING ORDINANCE TEXT AMENDMENTS
35 a. Economic Development Districts
26 This item was considered under item 4a above .
37
38 b. Nursing Homes
Planner Emily Cameron presented this item to receive public
40 comment on proposed amendments to the Zoning Ordinance which would create a
41 land use category and development standards for nursing homes . Under the
42 current Zoning Ordinance provisions , a nursing home facility for more than
42 fifteen unrelated individuals must comply with standards for a rehabilitative
44 care facility . The Planning Staff proposes a new land use category and =_
45 appropriate standards for nursing homes to be included in Articles 4 , 8 , 10
46 and 22 which would allow nursing homes as a Class A Special Use Permit .
47
48 THERE WERE NO QUESTIONS OR COMMENTS BY THE COUNTY COMMISSIONERS, MEMBERS OF
49 THE PLANNING BOARD OR CITIZENS .
50
Motion was made by Commissioner Insko, seconded by Commissioner
Halkiotis to refer this item to the Planning Board and to adjourn the public
hearing until 7 : 30 on August 4 , 1993 to receive the Planning Boars
recommendation.
VOTE: UNANIMOUS
I
8
0
( 1 ) Nursing Homes
Presentation by Emily Cameron .
This item is to consider proposed amendments to
the Zoning Ordinance creating a land use category
and development standards for nursing homes .
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 1
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 .
The proposed amendments were presented at the
public hearing on May 24 . No citizen comments
were received at that time. The item was
referred to the Planning Board for a
recommendation to be presented to the County
Commissioners no sooner than August 4 , 1993 .
The Planning Staff recommends approval of the
proposed text amendments to Articles 4 , 8 , 10 ,
and 22 . (A copy is an attachment to these
minutes on pages
Burklin asked the definition of a group care
facility. Cameron responded that it is similar
to a nursing home or rehabilitative care facility
but accommodates less than 15 individuals.
MOTION: Jobsis moved approval as recommended by the
Planning Staff . Seconded by Hoecke.
VOTE: Unanimous .
( 2 ) Site Plan Approval/Zoning Compliance Permit
Presentation by Emily Cameron.
This item is to consider a proposed Zoning
Ordinance text amendment that would add language
to Article 14 and Article 21 to clearly explain
that a site plan approval with or without a
•
}
To: Board of County Commissioners i�
From: Alice Gordon fpvG
Subject. Nursing Homes - Agenda Item 111-0
Date: August 17, 1993
BACKGROUND
it is my understanding that under our current ordinance, nursing
homes can be built in residential districts as follows
(I) 7-15 unrelated persons-Group Care Facility-Class B Special Use Permit
2) More than 15 unrelated_persons -- Some type of Planned Development
The proposed amendment would allow nursing homes for overly unrelated
persons in all residential districts with a Class A Special Use Permit.
RECOMMENDATION
A perusal of the PERMITTED USE TABLE and other parts of our
ordinance will show that we now limit residential units of this size either
to commercial/industrial districts or to denser (R4or R5 and above)
•
residential districts. Therefore I recommend that we take one of the
following actions:
1. Leave the ordinance as it is, and require nursing homes of this size to
come in as a planned development. The potential impacts of these homes
on the surrounding residential neighborhood might make the approval of a
plan desirable.
OR
2. Extend this use to R- --and higher densities only, and make the following
additions or changes to the requirements for the Special Use Permit. P.5,
agenda packet- Nursing Home Facility-B_B.262-Standards of Evaluation
(d) Delete or a Class A private road" from this paragraph. Such a
nursing facility would be more appropriately located on a public road.
(i) Add an additional paragraph "i" which reflects the language in
paragraph (a) of the Standards of Evaluation for a Group Care Facility
(5.8.4.2) The proposed use is not within 500 feet of anotter existing
within��4�� �+Y Y feet Y.•Y L��V� existing
��..a,1
Family Care Facility or Group Care Facility or Nursing Home" YI
Also ask the staff to develop additional requirements for screening (or
buffering) and vehicular access to minimize potential adverse impacts on
the surrounding neighborhood. The proposed requirements deal mainly with
the safety of the nursing home residents.
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AUG-17-1993 07:19 FROM ALICE GORDON TO BLYTHE - LINK P.02
MEMORANDUM
To: Board of County Commissioners
From: Alice Gordon V1
Subject: Nursing Homes - Agenda Item 11 l-G
Date: August 17, 1993
BACKGROUND
It is my understanding that under our current ordinance, nursing
homes can be built in residential districts as follows
(1) 7-15 unrelated Persons-Group Care Facility-Class B Special Use Permit
2) More than..1..5.unreiated_peris_oi- Some type of Planned Development
The proposed amendment would allow nursing homes for over15 unrelated
persons in all residential districts with a Class A Special Use Permit.
RECOMMENDATION
A perusal of the PERMITTED USE TABLE and other parts of our
ordinance will show that we now limit residential units of this size either
to commercial/industrial districts or to denser (R4-or R5 and above)
residential districts. Therefore I recommend that we take one of the
following actions
I. Leave the ordinance as it is, and require nursing homes of this size to
impacts in as a planned development. The potentia l rnp acts of these homes
on the surrounding residential neighborhood might make the approval of a
plan desirable_
OR
2. Extend this use to R-4-and higher densities only, and make the following
additions or changes to the requirements for the Special Use Permit. P.5,
agenda packet- Nursing Home Facility-8.8.26.2-Standards of Evaluation
(d) Delete or a Class A private road" from this paragraph. Such a
nursing facility would be more appropriately located on a public road_
(i) Add an additional paragraph "i" which reflects the language in
paragraph (a) of the Standards of Evaluation for a Group Care Facility
(8.8.42) The proposed use is ' of within 500 feet of another existing
Family Care Facility or Group Care Facility or Nursing Home"
Also ask the staff to develop additional requirements for screening (or
buffering) and vehicular access to minimize potential adverse impacts on
the surrounding neighborhood. The proposed requirements deal mainly with
the safety of the nursing home residents,
.- vim'