Economic Development/Planning Council Committee
Wednesday, October 17, 2007 at 3:00pm
Charlotte-Mecklenburg Government Center
Room 280
Committee Members:
John Lassiter, Chair
Andy Dulin, Vice Chair
Don Lochman
Nancy Carter
James Mitchell
Staff Resource:
Ron Kimble
AGENDA
I.
PERMITTING/PLAN REVIEW PROCESS FIELD VISIT to CDOT – 30 minutes
Staff: Ron Kimble, Deputy City Manager & Scott Putnam,Development Services Manager
Action: Continue evaluation of building permitting/plan review process improvements by
visiting the 6th floor operations in CDOT.
II.
RESOLUTION on S.C./N. C. BUSINESS RECRUITMENT INCENTIVES - 30 minutes
Staff: Brad Richardson, Business Advocacy Manager
Action: Staff will discuss proposal for Council resolution on eliminating incentives for intraregional business relocations.
III.
INSTITUTIONAL USES in RESIDENTIAL DISTRICTS – 20 minutes
Staff: Katrina Young, Planning Coordinator
Action: Review and Recommend Staff & Stakeholder Recommendations on the Institutional
Uses in Residential Districts to the full Council. Attachment
IV.
DATE: November 7, 2007 at Noon, Room 280
Possible Topics: Infrastructure General Development Policies
TIF Limits
Bryant Park
Resolution on S.C./N.C. Business Recruitment Incentives
Distribution:
Mayor/City Council
Curt Walton, City Manager
Leadership Team
Executive Team
Institutional Uses Permitted in Residential Districts
Churches:
Current CHARLOTTE Regulations:
Use will be located on a lot that fronts a collector, minor or major
thoroughfare. Primary vehicular access will not be provided by way of a
residential local street.
Allows up to 750 seats in SF and UR-1. Allows up to 1,200 seats in MF and
MX-1.
Churches, up to 750 seats, categorized as Medium Institutional Use.
Churches over 750 seats categorized as High Institutional Use.
Stakeholders Comments
Staff Comments and
Recommendations
1. Reduce the size of churches
Create a new category of churches:
allowed in residential districts Small (up to 400 seats)
Medium (401 to 750)
High (more than 750)
2. Increase Floor Area Ratios
Permit Church categorized as:
(F.A.R.) for churches and base Small- on collector streets, minor or
church size on street types
major thoroughfares with a F. A. R.
of 0.25
Medium and High - on minor or
major thoroughfares only and a F.
A. R. of 0.50.
3. Parking requirements for
Retain existing parking
churches are too low
requirement. (1 space per 4 seats
is in line with the parking
requirement of many other NC
cities).
4. Limit accessory uses
Many church accessory uses involve
permitted for churches.
the mission work for the
(Churches are permitted
community. The principal use of
accessory uses, such as child the property is as a religious
care centers which are not
institution. Accessory uses should
otherwise permitted in single be subordinate in area, extent and
family zoned districts)
purpose of the principal use and
does not authorize a principal use
that is not permitted in the district.
Required fence as part of the buffer
5. Buffers are too small
for schools and churches. (Staff does
not support)
6. Requiring specific design for
Require religious institutions and
church lighting to deter light
schools to erect fences as part of the
pollution.
buffer. (Staff does not support)
Recommendations
rev. June 1, 2007
Page 1 of 10
Institutional Uses Permitted in Residential Districts
Schools:
Current CHARLOTTE Regulations:
Use will be on a lot which fronts a collector, minor or major thoroughfare
for elementary and junior high schools and on a minor or major
thoroughfare for senior high schools. Primary vehicular access to the use
will not be provided by way of a residential local street.
Permitted in SF, MF and MX-1 Districts.
Stakeholders Comments
1. Impose student maximums at
schools
2. Need prototypes for schools
3. Limit the number of mobile
classrooms permitted at
schools
Recommendations
Staff Comments and
Recommendations
The Board of Education sets school
boundaries and school size. In
accordance with North Carolina
State Law. City of Charlotte Zoning
Ordinance does address
unreasonably loud noises.
There are prototype designs for all
new schools and that although it is
extremely difficult to construct
prototypes for renovations and
additions, the recent additions to
Independence, Butler, and Hopewell
were all constructed from a single
design. The planned additions to
North Mecklenburg and Vance high
schools are also from the same
design.
Limit the number of mobile classrooms
to 50% of the total classroom uses for
all schools.
(Staff does not support)
rev. June 1, 2007
Page 2 of 10
Institutional Uses Permitted in Residential Districts
Child Care Centers/Family Child Care Homes/
Child Care Center in a Residence
Current CHARLOTTE Regulations:
Child care center in a residence (6 - 12 children), family child care homes
(8 children or less) permitted in single family, multi-family, UR-1 and MX-1
districts, under prescribed conditions.
Child care centers (13 - 79 children) permitted in multi-family districts,
under prescribed conditions.
New child care centers in a residence and family child care homes must be
separated by 400 feet from existing child care centers in a residence and
family child care homes
Stakeholders Comments
1. Need to define preschool in
the ordinance
2. Clarify when a rezoning is
required for child care
centers??
Recommendations
Staff Comments and
Recommendations
Change definition of elementary
school to include kindergarten.
However note that, there are some
Montessori schools that teach
preschool students 4 years of age
and under. In order to be
considered as accessory, the
principal use must be for school age
children with appropriate classroom
space..
Child Care Center as a principal use
is not allowed in a single family
zoned district. Rezoning is
required if the district is zoned
single family or heavy industrial in
which a principal use as a child care
center use is desired.
rev. June 1, 2007
Page 3 of 10
Institutional Uses Permitted in Residential Districts
Group Homes
Current CHARLOTTE Regulations:
A group home means a "family care home" as defined in Chapter 168,
Article 3, of the General Statutes. A group home means a home with
support and supervisory personnel that provides room and board,
personal care and habilitation service in a family environment for not
more than six resident handicapped persons but not including mentally
ill persons who are dangerous to others as defined in G.S. § 122C3(11)b. A group home also means a residential use that provides a
residential environment for no more than six residents which may require
various services, living assistance, or supervision but does not include any
facility that provides medical services requiring or comparable to on-site,
nursing, physician, or medical care for the occupants which is only
permitted in a dependent living facility or health. The limit of 6 residents
in single family districts up to 10 residents in other zoning districts
Group homes must be separated from existing group homes in a single
family residential district by a distance of 800 feet.
Stakeholders Comments
1. Develop mechanism to
monitor group homes and
enforce regulations
Recommendations
Staff Comments and
Recommendations
All group homes must first obtain a
zoning use permit to ensure that
the location and use is in
compliance with the Zoning
Ordinance. Neighborhood
Development maintains a group
home database that is used to
verify the location of group homes
to ensure that it meets separation
and use requirements in the single
family zoned districts. The City of
Charlotte Zoning Ordinance governs
the use of a Group Homes; however
the group home must also comply
with Federal, State licensing
requirements and health
regulations. A complaint filed with
311 or Neighborhood Development
relating to a group home zoning
rev. June 1, 2007
Page 4 of 10
Institutional Uses Permitted in Residential Districts
violation will be investigated. For
licensing violations contact
The North Carolina Division of Child
Development at:
Mailing Address
Division of Child Development
2201 Mail Service Center
Raleigh, NC 27699-2201
Location Address
319 Chapanoke Road
Suite 120
Raleigh, NC 27603
Telephone 800.859.0829 or
919.662.4499
Fax: 919.661.4845
Email: webmasterdcd@ncmail.net
Recommendations
rev. June 1, 2007
Page 5 of 10
Institutional Uses Permitted in Residential Districts
General Institutional Uses
Current CHARLOTTE Regulations:
Residential Districts allow a limited number of public and institutional
uses.
Stakeholders Comments
Buffers
1. Buffers need to address noise
as well as screening. Buffers
are better than fences for
noise abatement and visual
screen. Don't allow buffer
widths to be reduced
Design
1. Increase screening
restrictions for certain uses
(i.e. height limitation, church
parking etc.) Ensure that
building scale, massing,
height and parking
compliment the surrounding
area
2. Limit density and type of
senior housing allowed.
Concern about the density
and type of structures for
senior housing
Hours
1. Limit hours of operation for
various uses
Recommendations
Staff Comments and
Recommendations
The City of Charlotte has a noise
ordinance to address recurring
noises that are unreasonably loud,
cause injury, or create a nuisance to
any person of ordinary sensitivities.
It is appropriate to allow some
flexibility in using a wall or fence to
reduce the buffer size. Vegetation
does not reduce noise as well as wall
barriers (ex. Walls located along
highways to serve as noise barriers).
The Zoning Ordinance has
development standards that include
maximum height and open space
requirements. These standards help
to regulate mass and scale.
Properties that are rezoned may
have additional conditions placed to
ensure that they are compatible with
surrounding properties. This issue
will also be address during the
Design Standards for Residential
District Stakeholders Process.
The density requirement is the same
for any multi-family development.
The difference is that active adult
community has an age requirement.
There are limits of operations for
certain uses such as day care
outdoor play space, landfills, waste
incinerators, truck traffic and
customary home occupation.
rev. June 1, 2007
Page 6 of 10
Institutional Uses Permitted in Residential Districts
Ordinances across country do not
regulate hours of operation for
schools and churches. The City of
Charlotte has a noise ordinance to
address recurring noises that are
unreasonably loud, cause injury, or
create a nuisance to any person of
ordinary sensitivities (Code Section
12.701)
Limits
1. Limit the number of INST
uses allowed in a
neighborhood (i.e. 1 per 200
homes or allow 5 different
types of INST uses per 1,000
homes) by studying impacts
of the growth of INST uses in
residential districts.
Determine a “tipping point”
when the residential
character/residential integrity
of a neighborhood is
compromised due to the
number/type of institutional
uses is an area.
Public Input
1. Allow public input when
locating any INST use in
residential districts by-right
or under prescribed
conditions (hold a public
meeting or send a notice to
residents and associations
when permits are issued for
INST uses in residential
districts
2. Monitor and track INST uses
to ensure they are properly
located and operated to
minimize negative impacts on
neighborhoods
Recommendations
The institutional uses are allowed
under prescribed conditions and
must meet the standards. There are
some limits on institutional uses
such as separation requirements for
group homes and in home day
cares. Some of the staff
recommendations should address
this issue by allowing only the small
churches on collector streets.
Some of the staff recommendations
should address this issue by
allowing only the small churches on
collector streets. Most of the
concerns should be addressed
through the regulatory process.
A Change of Use permit is required
for new institutional uses locating in
existing buildings. New institutional
uses require a building permit. The
permitting process ensures that the
use is located in the appropriate
zoning location.
rev. June 1, 2007
Page 7 of 10
Institutional Uses Permitted in Residential Districts
Sign
1. Limit signage amount and
size
Streets
1. Secondary access to various
uses permitted via local
residential streets
Recommendations
Current regulations are applicable
and do not allow large amounts of
signage for Churches and Schools Currently code allows:
One detached sign 32 sf,
One secondary sign 16 sf and
One bulletin board 16 sf.
Signage is necessary to identify the
church or school
With the recommended change that
medium and large churches be
located on minor and major
thoroughfares, any impact to
neighborhoods should decrease.
rev. June 1, 2007
Page 8 of 10
Institutional Uses Permitted in Residential Districts
OTHER STAKEHOLDER RECOMMENDATIONS
The Zoning Ordinance is not the mechanism to address these issues:
(To be addressed outside this stakeholder process)
Determine the impact of INST uses
Will recommend that a planning
on residential areas by using the
study be undertaken in order to
Quality of Life Index and tracking
show the impact of institutional
economic and tax data.
uses on residential areas.
Examine and enhance regulations
to disallow a proliferation of INST
Must consider Religious Land Use &
uses in residential districts by
Institutionalized Person Act of 2000
increasing the separation of
(RLUIPA).
multiple INST uses.
Some of the staff recommendations
Protect the intent of single family
should address this issue by
allowing only the small churches on
districts by allowing only certain
INST uses within the interior of
collector streets
neighborhoods and locating the
INST uses close to public
transportation. Reexamine
maximums and/or prescribed
conditions for uses (i.e. churches,
schools)
1. Address permitting
requirements for group
homes
Require more fire hydrants
2. Train noise; horns not
allowed to blow at certain
times, by law
In compliance with Chapter 168,
Article 3 of the General Statutes. Do
not allow mental ill persons who are
dangerous to others as defined in G.
S. 122C-3(11)b.
Fire Department
Studies have shown that the
frequency of train-crossing
accidents increase in areas where
quiet zones are in effect.
http://en.wikipedia.org/wiki/Train_whistle#
Noise_complaints_from_train_whistles
3. Define connectivity
Recommendations
Submit recommendation to CDOT define connectivity and/or add
connectivity policy in residential
districts
rev. June 1, 2007
Page 9 of 10
Institutional Uses Permitted in Residential Districts
4. Better define street classes
(i.e. collector, minor, major
thoroughfare)
5. Improve coordination
between city/county/state
governmental entities
involved in permitting and
enforcement
6. Update List of Institutional
Uses
7. Define Neighborhood
Recommendations
Submit recommendation to CDOT enhance street class definitions
City and County Government are
constantly working to improve and
coordinate regulation and
enforcement efforts. For example
City, County and State employees
worked together in regulating inhome day cares by monitoring
occupants and number of children.
Develop Design Guidelines that
apply to INST uses permitted byright and under prescribed
conditions in residential districts
Submit recommendation to
Subdivision Program Area - define
neighborhood and neighborhood
interior
rev. June 1, 2007
Page 10 of 10