HomeMy WebLinkAboutAgenda - 11-21-2005-3bORANGE COUNTY
BOARD OF COMMISSIONERS AND PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: November 21, 2005
Action Agenda
Item No. C.3.b
SUBJECT: Child Day Care Facilities Zoning Text Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N)
ATTACHMENTS:
1. An ordinance amending the Orange
County Zoning Ordinance
2. Inventory of Day Care Facilities
3. Inventory of Centers for 3 - 12 Children
Located in a Residence
4, Map of Licensed Child Day Care Facilities
in Orange County
INFORMATION CONTACT:
Craig Benedict, 245 2592
Glenn Bowles, 245 2577
PURPOSE: To consider proposed amendments to the zoning ordinance regarding child day
care facilities.
BACKGROUND: State administrative laws and regulations regarding child day care facilities
have continued to evolve and change since the County Board last amended its zoning
regulations in 1991, Planning staff met with representatives of the North Carolina Division of
Child Development in May 1999 and again do July 21, 2005 to discuss the differences in
language between Orange County and State child day care regulations, Consensus of the
groups is that amending the language of the child care provisions and definitions of the Zoning
Ordinance is needed to provide consistency in laws for day care providers, users of day care
facilities and the general public, The attached zoning text amendments bring the definitions
and provisions for Child Care Facilities in Orange County into agreement with those of the
State.
Language differences in the Orange County Zoning Ordinance and respective licensing
provisions of the North Carolina General Statutes results from use of unlike terminology and
standards, Zoning Ordinance language in Sections 4,3 Permitted Use Table, 6,27 Large Day
Care Homes, 8.8.16 Day Care Facilities, Section 10.4 Off-Street Parking Requirements, and
Article 22 Definitions are dissimilar to that found in Article 7, Chapter 110 of the North Catalina
General Statutes, Child Care Facilities, as amended. Staff has attached for reference the
proposed amendments addressing these revisions,
FINANCIAL IMPACT: No financial impact at this time with human resources being used from
existing department staffs.
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RECOMMENDATION: The Administration recommends that the Board of County
Commissioners refer the purposed amendments to the Planning Board for a recommendation
and returned no sooner than January 24, 2006.
The Planning sfaff recommends approval of the proposed amendments.
Note: The Public Hearing is open until the Planning Board recommendation returns to the
Board of County Commissioners for decision.
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ORDINANCE TO PUBLIC HEARING
November 21, 2005
Italics= New Language
dtFilFet~eu~# = Existing Language Deleted
An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North Cazolina,
that the Zoning Ordinance is hereby amended as follows:
Section 1. Amend Section 22, Definitions.. (Page 22-6) Delete ~a~ C-a;~= a=3~
4l .1 4 M 4 .7 «.i: « x.11 4:... "46d~13H~
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Replace with:
Child Care-A program or° arrangement where three or »:ore children less than 13,years
old, who do not reside where dte care is provided, receive care on a r°egular basis of at
least once per week for more than four hours per day, fi•onz persons other than their
guardians or full-time custodians, or fi°orn persons not related to there by birth, mmriage,
or adoption, Child care does not include the following:
a~ Arrangements operated in the home of any child receiving care if all the children
in care ar°e related to each other° or° no nzor°e than two additional children ar°e in
care;
b, Recreational progrmns operated for less than four consecutive months in a year;
a Specialized activities or° instruction suck as athletics, dance, art, music lessons,
horsebacTc riding, gymnastics, or organized clubs, for children, such as Boy
Scouts, Gir•1 Scozzts, 4-Hgroups, or boys and girls clubs;
d. Dr°op-in or short-term care provided while parwzts participate irr activities that
are not employment related and where the parents m•e on the premises or°
otherwise easily accessible, such as drop-in or short-tem care provided in health
spas, bowling alleys, shopping malls, resort hotels, or churches;
e. Public schools;
f Non pu6lie schools described in Part 2 ofArticle 39 of Chapter 11.SC of the North
Carolina Statutes that are accredited by the Southern Association of Colleges and
Schools acrd that operate a child car°e, facility as defined under Child Care
Facili of for less than six and one-half hours per day either orz or off the school
site;
g. Bible schools conducted during vacation periods;
h. Car°e provided by facilities licensed under Article l of Chapter IIlC of the North
Cmrolina General Statutes;
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Cooperative arr°angenzents among parents to provide care for their children as a
convenience rather tlzarz for ernployrrzerzt,° and
Any child care program or arrangement consisting of two or° more separate
components, each of which operates for four hours or less per day with different
clzildren attending each component.
Section 2. Amend Section 22, Definitions. (Page 22-6) Delete
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Replace with:
Child Care Facility - bzcludes child care centers, and any other child care an•angenzent
not excluded by General Statute 110-86(l), that provides child care, regardless of the
time of day, wherever operated, and whether or• not operated for profit..
a. A child care center is an arr°mzgement where, at any one time, there are three or
nzorepce-school children or nine or more school-aged children receiving child
cme.
b. A fmzzily child care horzze is a child care arc°angemerzt located in a residence
where, at mzy one time, more than two children, but, fewer than nine children,
receive child care.
Section 3. Amend Section 22, Definitions. (Page 22-6) Revise""^•m.,
urge Center in a Residerrce for 3 to 12 Children - A Doty-Fare residence in which
child care is provided, which is-faeilit3~ located on a public state maintained road, and
which provides day child care for more than €t•te-(3~ three (3) but r _-~...=-aw,~=~i~etr(1~6)
ehiltlrea; no more than twelve (12) children, ~4z,•.. ^'°c'-''=:==-~
Section 4. Amend Section 22, Definitions. (Page 22-6) Add Family Day Care
Horne-A residence irz which childcare is provided, which provides child care for no
more than three (3) clzild~•en.
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Section 5, Amend Section 6.27, Lazge Day Care Homes, (Page 6-49) as follows:
6.27. Center ire a Residence /or 3 to IL Children
6.27.1 Site plan requirements.
lrr addition to the information required by Article 14,2, *'~ _ "' ~ """"''° ""'""'"°d
a. tt- a- - .".^ "7:a.F ..t°tdt" „,t..
i ...,,,. - ____ ..________..
1} A floor plan of the proposed day child care hems-fac-tkty, showing the use and
dimensions of each room and the location of entrances and exits, a fenced,
outdoor play space, evidence that the minintunz require»ents to qualify.for• a state
large day care home license have been satisfied.
6.27.2 Standards for evaluation
The following standazds shall be used in deciding on an application for site plan approval
for the use:
a. The h °° ~'°^ "°'°''~ center in a residence for 3 to I2 children is to be located
in anarea, which is free from conditions dangerous to the physical and moral
welfare of the children.
b. The minimum requirements to qualify for a State ofNorth Cazolina'°~^z-a.-b~~ay-~~a.,
herrte child care license are satisfied.
a There is direct frontage and access on a public state maintained road,
d, Adequate access to and from the site, as well as adequate space off the road right-
o£way, is provided for the safe pickup and discharge of children and is provided
in such a manner that traffic generated by the 1°r^° a~y cY:e 1:,,..._ center in a
residence for 3 to Il children is not disruptive to adjacent residentially developed
properties.
e, The site plan shall show how the facilities will be screened from adjacent
properties. A type A 30-foot buffer shall be provided around the 1"~°~-osy-aa~
hems center in a residence, for 3 to 12 children and play area, These buffers will
effectively screen the view of any outdoor play area, and reduce noise associated
with the day child caz~e.
£ Each'-~-=°-''^"'° center in a residence for 3 to Il children is required to
provide at least ~ 100 square feet of outdoor play space for every child in care.
This space may not be located in a required buffer or in an azea, which is used or
reserved for use as a sewage disposal nitrification field,
g. Fencing is to be provided around the outdoor space, which ensures the protection
of the children receiving day child caze and protects adjacent residentially
developed properties from trespass.
h. All gates sTtall beself-latching.
6.27.3 T " • `'^~° u^"'^ Application procedure
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No lazge day care home maybe operated in a residence except as permitted under this
Ordinance and only after approval has been issued by the Zoning Officer.
An application for a dm-gv-day-ca=ti l~rre center in a residence for 3 to 12 childr°en
shall be filed with the Zoning Officer and shall be submitted on forms provided by
the Zoning Officer. Such farms shall be prepared so that when completed a full and
accurate description of the proposed use, including its location, appearance and
operational characteristics, aze disclosed.
In addition to the application, the applicant is required to submit a site plan of the
property on which the hsge-Qay~..-herrre center- in a residence for 3 to 12 children
is to be located. The site plan shall show the location of the residence in which the
}arge•day-care-lianas center in a residence,for 3 to 12 children is to be located in
relation to existing property lines and adjacent homes; the location, number, and
means of access to required off-street parking areas; and the location and type of
required landscaping and/or screening.
Upon a determination that the application is complete, the Zoning Officer shall cause
a review of the application to be made. The review shall determine if the proposed
1 a~^ ~::~ ?:,...._ center in a residence for .3 to I2 children conforms with all
requirements of this Ordinance. Based on the review, the application will be
approved, approved with conditions or denied.
If conditions are attached to the approval, they may address deficiencies in meeting
specific chapter requirements or they may address specific impacts, which result from
the operation of the'°-°~''°'y-^Garez o:::°-center in a residence for 3 to 12 childzen, In
the latter case, the conditions may include, but not be limited to, limitations on the
hours of operation, location of play area, the number of vehicles to be parked on the
premises, and the location of a storage area or parking on the property, In addition,
the Zoning Officer may require greater setbacks and/or additional landscaping or
screening to adequately screen the large-day-e;~e-hense center in a r•esiderzce for 3 to
12 children from adjoining properties.
If the application is approved, either with or without conditions, the Zoning Officer
shall send the applicant a letter informing him or her of the approval and of the
requirements of the chapter that apply to the center irz a residence, for 3 to 12 children
'~-~-zmb~ ~~ ~ -barns, The letter must be signed by the applicant to indicate his or her
willingness to operate the l~day-~~?:^r~:e center in a residence, for 3 to 12
children in conformance with the requirements and conditions set forth in the letter.
Each letter shall be kept on file by the Zoning Officer and shall constitute the
approval for the large-day-e-are-hertse center in a residence for 3 to 12 children in
question.
If'the application is denied, the Zoning Officer shall notify the applicant of the denial
and shall state the reasons for denial in writing. The applicant may appeal the
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decision of the Zoning Officer to the Board of Adjustment as set forth in Article 21 of
this Ordinance.
Each'°~^~`'°"-moo >u~e center in a residence for 3 to Il children approved by the
Zoning Officer shall be reviewed annually by hires the Zoning Officer to ensure
compliance with the standazds of evaluation for such facilities. The Zoning Officer is
authorized to approve minor changes in the approved'°~'-:~~ day-daze home center in a
residence, for 3 to 12 children, provided that the changes aze in harmony with the
action of the original approval and provided that any change in the operation
complies with the standards of evaluation as specified in Section 6.27,2 above. Any
change in the operation of the'"~°°~~-uny-oazo hetne center in a residence for 3 to 12
children that does not comply with the standards for evaluation as specified in
Section 6.27.2 above will constitute a modification and require the approval of the
Board of Adjustment under the provisions of Article 8 of this Ordinance.
Section 6, Amend Section 8,8.16, Day Care Facilities. (Page 8-18p) as follows:
*8.8.16 ;~-Oars;' a~i:i,~y Child Care Facility
*8.8.16.1 Additional information
In i ddition to the information required by Articles 8.2 and 8,8, the following shall
be submitted as part of the application:
a) Evidence that the minimum requirements to qualify for a State of
North Cazolina day care facility license have been satisfied,
b) A floor plan of the proposed day childcare facility, showing the use
arrd dimensions of each room and the location of entrances and exits.
*8.8.16.2 Standards of evaluation
The following standards shall be used in deciding on an application for this use:
a) The day childcare €ac3lit3~ is to be located in an area, which is free
from conditions dangerous to the physical and moral welfaze of the children.
b) The minimum requirements to qualify for a State of North Carolina
day childcare ~'.iy license aze satisfied,
c) There is direct.fi•ontage and access pr~p.,~~ ''~w~~hzhe~^"}
r •r•. r, ~ sated~e on a public State-maintained road o~-a-p====:~=cad
y ~..,... Y ..,.... ..------- --- --
d) Adequate access to and from the site, as well as adequate space off the
road right-of--way, is provided for the safe pick-up and dischazge of children and
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is provided in such a manner that traffic generated by the day childcaze facility is
not disruptive to adjacent residentially developed properties..
e) All clzild pick up and drop offs shall be on site, with proper vehicle
stacking area equivalent to thz°ee caz-s.
fl The site plan shall show how the, facilities will be screened fi•onz
adjacent properties. A type A .30 foot buffer shall be provided around childcare
building and play area. 77zese buffers will effectively scz•een the view of any
outdoor play area, and reduce noise associated with the childcare.
~ Eac1z childcare is required to provide at least 100 square, feet of
outdoor play space, for evezy child in care. This space nzay not be located izz a
required buffer or in an area, which is used or zesezved, for use as a sewage
disposal nitrification, field,
h) Fencing and/or screening is to be provided which ensures the
protection of the children receiving day childcare, protects adjacent residentially
developed properties from trespass, _rO ::...'., .,_._---- c "'°'. --.. =f -',' ^"*~~~
i) All gates shall be self~latching.
j) Each day childcare facility approved by the Board of Adjustment shall
be reviewed annually by the Zoning Officer to ensure compliance with the
standards of evaluation far such facilities and any conditions attached to the
application by the Boazd of Adjustment. Any change in the operation of the
facility, which deviates from the original standards and conditions will constitute
a modification and will require the approval of the Board of Adjustment. In
determining whether a change in the operation of the facility has occurred, the
Zoning Officer shall be guided by the procedures and criteria contained in Article
8.7 and Article 8,8,16.2.
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Section 7. Amend Section 10.4,Off-Sheet Parking Requirements. (Page 10-3) as
follows:
10,4 Off-Street Parking Requirements
Each use shall provide the following off=street parking:
USE
REQUIREMENT MINIMUM SPACE
H-1 13a-y Child Care Facilities,l3a-y One space per' staff and one space per
*~ five students children.
H-1 a Center irz a Residence for 3 to Il One space per staff member and one per
Children f ve children.
Section 8, Amend Section, 4.3 Permitted Use Table (Page 4-11) as follows:
ffi may-Child Care Facilities .,~.- '"__~ r °_ ° r'°^ `'°"' u°"'° (1) (5) (6) (10)
Hla Center irz a Residence for 3 to 12 Childs°en
Section 9. This Ordinance shall be effective upon adoption. Adopted this the
day of , 2006, upon motion of Commissioner , seconded by
Commissioner
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