HomeMy WebLinkAboutMarch 10, 2010 - Board PacketCALL TO ORDER:
ROLL CALL:
NEW BUSINESS:
City of Cape Canaveral
JING & ZONING BOARD MEETING
AGENDA
CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
MARCH 10, 2010
7:00 P.M.
1. Approval of Meeting Minutes: February 10, 2010.
2. Recommendation to the City Council Re: Proposed Ordinance Amending Section
110-294, Adding Child Care Facilities as a Permissible Use by Special Exception in
the R-2 Zoning District - Kate Latorre, Assistant City Attorney.
OPEN DISCUSSION:
ADJOURNMENT:
Pursuant to Section 286.1016, F.S., the City hereby advises the public that: If a person decides to
anneal any decieion m�r-!o ky Ike Planning ' loving 'oar'
with a to ii__ � t
a,�a, a, �y u�.� Divi i iI luuc vy a Ic Planning iI iy aiiU Z- I Iy Lw) U iLI I respect IL any I11cILlCf rendered al
this meeting, that person will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute consent by the
City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the
attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code
Enforcement and/or Community Appearance Board who may or may not participate in Board
discussions held at this public meeting. Persons with disabilities needing assistance to participate in
any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the
meeting.
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Date: March 5, 2010
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: March 10, 2010 P&Z Board Meeting
The owners of Palms East apartments desire to start a child day care facility in the
apartment complex. They intend to primarily serve the working parents who are tenants
in their complex. They envision accommodating 25 to 40 children and house the day
care in vacant space adjacent to the rental office.
Our code does not currently allow for day care in the R-2 zoning district, therefore, the
issue of allowing for day care in R-2 zoning was brought before the City Council at their
meeting on February 2, 2010. The Council passed a motion to direct staff and the P&Z
Board to consider and make a recommendation on allowing day care, both child and
adult, in residential zoning districts.
The P&Z Board considered the issue at its March 10 meeting and recommended that
child care be added to R-2 as a special exception use. P&Z also requested that staff do
additional research regarding criteria to evaluate the appropriateness of child care at a
specific location. Kate Latorre, the City Attorney, researched several other Florida
codes related to special conditions for the approval of child care facilities. The only
conditions she found were the ones imposed by Titusville (included in packet). They
include landscape buffers and screening; drop off zones and setbacks from abutting
residential zones or uses. In addition, A, -also discussed parking; hours of operation;
noise and lighting, etc.
Kate has a prepared a draft ordinance that adds child care facilities as a 6th item to the
list of special exception uses in Section 110-294. We are adding evaluation criteria to
the ordinance and will distribute it at the meeting on Wednesday.
Remember, you can do some research on your own. The codes of most cities in the
state can be viewed on www.municode.com. Click on Search Free Municipal Code
Library under Access to Municipal Codes. Then select State of Florida and then city of
choice.
PLANNING & ZONING BOARD
MEETING MINUTES
FEBRUARY 10, 2010
A Regular Meeting of the Planning & Zoning Board was held on February 10, 2010, at
the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida.
Bea McNeely, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary
called the roll.
MEMBERS PRESENT
Bea McNeely
Lamar Russell
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson
Ronald Friedman
OTHERS PRESENT
Barry Brown
Susan Chapman
Kate Latorre
Robert Hoog
Betty Walsh
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Planning & Development Director
Secretary
Assistant City Attorney
Council Member
Council Member
1. Approval of Meeting Minutes: January 13, 2010 and January 27 2010.
Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting
minutes of January 13, 2010. Donald Dunn apologized to the Board for not reading the
minutes prior to the last meeting when the Board should have voted on the minutes.
Vote on the motion carried unanimously.
Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes
of January 27, 2010. Discussion followed regarding a motion that was made and not
seconded at the January 27th meeting regarding the approval of the January 13, 2010
minutes. Vote on the motion to approve the January 27, 2010 minutes carried
unanimously.
Planning & Zoning Board
Meeting Minutes
February 10, 2010
Page 2
2. Discussion and Recommendation Re: Consideration to Allow Day Care Facilities
(Child and Adult) in the Residential Zoning Districts.
Barry Brown, Planning & Development Director, advised that the owners of Palms East
Apartments desired to start a child day care facility in the apartment complex. He
explained that they intended to primarily serve the working parents who are tenants in
their complex; they envision accommodating 25 to 40 children and house the day care
in vacant space adjacent to the rental office. The City code does not currently allow for
day care in the R-2 zoning district. However, in the past and evidently before the
current R-2 zoning was applied to the property, there were various commercial uses in
the complex, including: a beauty shop, barber shop, doctor's office, library, restaurant,
and a bar. He advised that the issue of allowing a day care in R-2 zoning was brought
CIthe %-ALY
tJVIC Council at their February L, LV 10 meeting. T he City Council passed a
motion to direct staff and the P & Z Board to consider and make a recommendation on
allowing day cares (child and adult), in the residential zoning districts. He reported that
staff surveyed other local governments and prepared a summary of the zoning
categories, in which they allow child and adult day care, whether day care is a principal
use or special exception use, and if there are criteria to evaluate a day care use. He
added that staff had little time to research the issue, but wanted to put the ball in play
and start the discussion. Mr. Brown asked the Board members to do some research of
their own. He offered that the codes of most cities in the State could be viewed on
www.municode.com. He voiced his opinion that it would make perfect sense to have
uses such as day care closest to where people live in order to meet their needs. And
he supported the request for a day care at Palms East, as a special exception and not a
principal use. He asked the Board to consider if this type of use would be appropriate in
all of R=2. He advised that they would not want to have a day care facility in an area
that was primarily single family residential.
Ron Friedman advised that he has a lot of experience with day care centers both
prolC3sluilally. anu family. He commented that day care facilities area very good idea in
today's economy, not only with a husband and wife who both work, but also there are a
lot of single parents. He voiced his concern that if a day care was to be approved for a
single family or duplex, the biggest concern would be parking. He explained that
typically a day care center runs from 6:00 a.m. to 7:00 p.m., and if they are caring for
ten children, there could be ten vehicles stopping to drop them off and pick them up.
Therefore, one of the criteria for a single family or duplex would be adequate parking,
including standing and holding areas. A duplex should have to get written approval
from the next door neighbor that they would approve having a day care center on the
other side of the common wall. There should also be time constraints for what days of
the week and times during the day they are open. In apartment complexes, parking
should not be a problem, because people live there and they already have parking
spaces. To avoid parking problems for multiple dwellings, you could limit it to users that
live within the complex or within so manv feet (reasonahle walkinn riistanr.P) from that
complex so they don't create a parking or traffic problem.
Planning & Zoning Board
Meeting Minutes
February 10, 2010
Page 3
Ron Friedman continued. He advised that if the property is part of an HOA or
condominium association obviously it would have to approve of such use and would
probably have to amend their documents to allow such a use. Additionally, for adult day
care, if the adults are physically handicap, other than the parking or waiting area there is
not much of a problem. When you start talking about adults that are mentally handicap
it becomes a controversy in the neighborhood. If the city was to allow drug or alcohol
rehab during the day, you would have serious controversy. If the City Council was to
change the city code to allow it, he recommended that they exclude any facilities for
mentally handicap or alcohol or drug rehab, because of the absolute controversy that
would arise.
The Board members verified that day cares were allowed in the C-1 and C-2 zoning
districts, as a principal use. Barry Brown advised that day cares are not addressed in
the Comprehensive Plan, and there were no additional criteria for the use.
Jeff Wells, Representative for Palms East, explained that the day care would be located
in a one story building that currently houses their offices, and a laundry on the west side
of the building that is divided by a hallway, with the other side approximately 6,000 sq.
ft. of unused space. There were previous other uses in the building, including a bar and
restaurant. He advised that because the space has not been utilized for so long, they
would donate the space or have a very reasonable lease for someone who would want
to come in and do something that was mutually beneficial. Obviously, a day care would
be the best use with regard to the people in the community in that area and for the
residents residing at Palms East. Cape View Elementary School is also down the
street. Mr. Wells explained that for a parent who works 8.00 to 6:00, the day care could
fill in the gaps in the morning before school and after school. They were looking to
provide low cost day care for people who are in the community. He noted that there are
+00 apartments in the area of Palms East. He advised that they have put together
some plans, and would be receiving donations from the community, including Wachovia
Bank who would donate money to assist with the modifications. Mr. Wells addressed
the concern about parking. He advised that the area has traditionally been used for
business and is not used for parking for the residents. He advised that they were
hoping to get a day care up and running by the end of the school year in May.
Discussion followed regarding State licensing requirements of running a day care
business. Lamar Russell suggested that the best locations for a day care in the
residential zoning district could be confined to apartment complexes or complexes with
large parking lots. Discussion followed regarding staff performing more research on
what other city's have in their ordinances for regulating day care facilities. Mr. Brown
advised that staff did not research whether or not other cities have specific criteria in
determining whether or not a day care was appropriate in a certain location_
Planning & Zoning Board
Meeting Minutes
February 10, 2010
Page 4
Discussion continued regarding parking concerns, where to allow a day care facility,
noise and outside play areas. The Board agreed to limit consideration of day cares in
the residential zoning districts to R-2 only, by special exception.
The Board members reviewed Section 110-38, criteria for special exception. John
Johanson advised that additional criteria should be considered, such as: time and days
the day care operates; number of parking spaces; noise; sufficient lighting; prohibit
turning a residential unit into a day care; allowing day care in an established community
would be wrong; and mixed use overlay. He commented that Palms East was a unique
complex and ideal situation where a mixed use would fit.
Harry y PCar mot r invade a motion rotioi i to add day care f d-cil ties as a 0 item to Section 110-
294, Special Exception Permissible by Board of Adjustment. Motion failed for lack of a
second. Discussion followed regarding: considering only allowing a day care facility in a
separate building within a complex; definition of a family day care home; defining child
care; addressing adult care as a separate consideration; considering day care in R-3;
task staff with bringing other city's requirements to the Board to review and consider.
The Board members reviewed special exception criteria in Section 110-39 to determine
if it was sufficient for considering a day care in R-2.
Motion by Harry Pearson, seconded by Donald Dunn that day care facility be added as
a 6th item to the list of uses in R-2 allowed by Special Exception in Section 110-294,
Special Exception Permissible by Board of Adjustment. Vote on the motion carried
unanimously.
Kate Latorre, Assistant City Attorney, advised that she was going to propose bringing
back a draft ordinance adding day care to allowable special exceptions in R-2, and
proposing additional criteria based on discussion and research for consideration at the
next meeting. ieetiiig. By consensus, ti ie Board members agreed.
3. Election: Chairperson and Vice Chairperson.
Bea McNeely nominated Lamar Russell for Chairperson. Donald Dunn seconded the
nomination. Lamar Russell accepted the nomination. There being no other
nominations, nominations were closed. By voice vote, Lamar Russell was elected
Chairperson.
Lamar Russell nominated Bea McNeely for Vice Chairperson. Donald Dunn seconded
the nomination. Bea McNeely accepted the nomination. There being no other
nominations, nominations were closed. By voice vote, Bea McNeely was elected Vice
Chairperson.
Planning & Zoning Board
Meeting Minutes
February 10, 2010
Page 5
OPEN DISCUSSION:
David Schirtzinger, citizen, asked if a day care at Palms East could be considered an
amenity at Palms East for the residents, since they already have their own laundry mat
and swimming pool. Barry Brown, Planning Director, advised that at a certain point, that
was a judgment call on staff's part, as to whether that is a traditional amenity of an
apartment complex. He did not know what staff's answer would be. Kate Latorre
advised that it was a use issue. There would have to be an interpretation of the code
whether or not that use was a residential amenity to the apartment complex. She added
that just given the fact that the use is regulated by the State it probably was not a
residential amenity, it was really more of a commercial enterprise.
Barry Brown advised that City Council met with the Visioning Committee and went over
the Economic Development Action Plan that was prepared by Agee Consulting, and it
was his understanding that the report is in an electronic format and he would e-mail it to
the Board members. He advised that preparing the plan was one of the
recommendations of the Visioning Report. He noted the Economic Development Action
Plan may be a vehicle by which the City is able to implement many of the
recommendations of the visioning. He will also forward the members a copy of the
latest Community Development Department's Activity Report.
Barry Brown advised that the City was still waiting to receive the revised plat for the
Young property from the applicant.
Motion by Lamar Russell, seconded by Bea McNeely, to adjourn the meeting at 8:40
p.m.
0 RA KI
Uea wICINeely, �,I lean wibuf i
Susan L. Chapman, Secretary
Child Care Research
Titusville:
Child Cdre Includes any
ca e' center orcare arrangement which provides
����
for more the operator and which receives apayment, fee, orgrant for
any of the children receiving care, wherever operated, and whether or not operated for profit.
Family Day Care Home: An occupied residence in which Child care is regularly provided
for children and which receives a payment, fee or grant for any of the children receiving care,
whether or not operated for profit. A "family day care home" shall be allowed to provide care for
one of the following groups of children:
(a) A family day care home may care for a maximum of five (5) preschool childre from more
than one unrelated family and a maximum of five elementary school siblings of the preschool
chlildien in care after school hours. The maximum number of five (5) preschool 'children includes
preschool 'Children in the home and preschool children received for day care who are not related
to 'Lille resident care giver. 11 he total number of children in the home may not exceed 'Len.
(b) When the home is licensed and provisions are made for substitute care, a family day care
home may care for a maximum of five (5) preschool children from more than one unrelated
family, a maximum of three (3) elementary school siblings of the preschool c , hildren in 'care after
school hours, and a maximum of two (2) elementary school children unrelated to the preschool
children in care after school hours. The maximum number of five (5) preschool children includes
preschool children in the home and preschool children received for day care who are not related
to the resident care giver. The total number of children in the home may not exceed ten.
(c) When the home is licensed and provisions are made for substitute care, a family day [care]
home may care for a maximum ' number of seven (7) elementary school children from more than
one (1) unrelated family in care after school hours. Preschool children shall not be in care in the
home. The total number of elementary school 6111d'ren in the home may not exceed seven (7).
DIVISION 2' RESIDENTIAL ESTATE (RE)
Sec. 59-44. Conditional uses.
hB\ Churches
/1\ If 8 child care f8Ci|dv is CODt8[Op|8tSd as an @SSOCi8t8d use, 8 [DiOiDlUD1 |[t size Of two (2)
acres |Grequired.
(b) Semi-public body.
(c) Child c�a8ref@ci|itu
(1) A landscape buffer in accordance with section 35-38 ahoU be required on nonatnyet
property lines.
(2) Such t8Ci|itv Sh@|} provide G p8OGeOg8[ drop-off zone adjacent UJ the facility providing clear
ingress and egress from parking and access areas or other means of safe access.
(3) All St[UCtUPSS' p|8yg[OUOdS and outdoor recreation areas shall be setback minimum fifty
/5O\feet from any abutting residential zoning district Orresidential use.
C9
DIVISION 3. RURAL RESIDENTIAL (RR)
Sec. 59-64. Conditional uses.
(a) Churches.
(1) If a child care facility is contemplated as an associated use a minimum lot size of one (1)
acre is required.
(b) Semi-public body.
(c) Child care facility.
(1) A landscape buffer in accordance with section 35-38 shall be required on nonstreet
property lines.
(2) Such facility shall provide a passenger drop-off zone adjacent to the facility providing clear
ingress and egress from parking and access areas, or other means of safe access.
(3) All structures, playgrounds and outdoor recreation areas shall be setback a minimum fifty
(50) feet from any abutting residential zoning district or residential use.
Sec. 59-65. Maximum residential density.
(a) The maximum number of residential dwelling units per acre in the rural residential (RR)
district shall be two (2) units per acre. See section 27-11, Definitions.
(Ord. No. 7-1992, 4-16-92)
Sec. 59-66. Height, yard and area requirements.
(a) Maximum building height shall not exceed thirty-five (35) feet.
(b) Minimum yard requirements:
Front --Thirty (30) feet.
Side --Fifteen (15) feet.
Side corner --Twenty-five (25) feet.
Rear --Thirty (30) feet.
(c) Minimum lot size --One-half (0.5) acre.
(d) Minimum lot width --One hundred twenty-five (125) feet.
(e) Maximum lot coverage by all buildings --Thirty (30) percent.
(f) Minimum living area --One thousand two hundred (1,200) [square feet].
(Ord. No. 7-1992, 4-16-92)
Sec. 59-67. Minimum off-street parking requirements.
See Chapter 39, Article III.
(Ord. No. 7-1992, 4-16-92)
DIVISION 4. SINGLE FAMILY LOW DENSITY (R -1A)
Sec. 59-84. Conditional uses.
(a) Schools --Public and private elementary, junior high and senior high schools. (See Chapter
59, Article X, Division 3 --Conditional Uses Performance/ Development Criteria "Schools
Performance Criteria", for specific regulations and performance criteria that schools shall be
required to meet).
(b) Churches.
(1) If a child care, facility is contemplated as an associated use, a minimum lot size of one (1)
acre is required.
(c) Child care facilities.
(1) A landscape buffer in accordance with section 35-38 shall be required on nonstreet
property lines.
(2) Such facility shall provide a passenger drop-off zone adjacent to the facility providing clear
ingress and egress from parking and access areas, or other means of safe access.
(3) All structures, playgrounds and outdoor recreation areas shall be set back a minimum of
fifty (50) feet from any abutting residential zoning district or residential use.
Sec. 59-85. Maximum residential density.
The maximum number of residential dwelling units per acre in the single family low
density (R -1A) district shall be three point seven (3.7) units per acre. See section 27-11,
Definitions.
(Ord. No. 7-1992, 4-16-92; Ord. No. 34-2008, § 1, 9-23-2008)
Sec. 59-86. Height, yard and area requirements.
(a) Maximum building height shall not exceed thirty-five (35) feet.
(b) Minimum yard requirements:
Front --Thirty (30) feet.
Side --Fifteen (15) feet.
Side corner --Twenty-five (25) feet.
Rear --Twenty-five (25) feet.
(c) Minimum lot size --Ten thousand (10,000) square feet.
(d) Minimum lot width --One hundred (100) feet.
(e) Maximum lot coverage by all buildings --Thirty-five (35) percent.
(f) Minimum living area --One thousand six hundred (1,600) square feet.
(Ord. No. 7-1992, 4-16-92)
Sec. 59-87. Minimum off-street parking requirements.
See Chapter 39, Article III.
(Ord. No. 7-1992, 4-16-92)
DIVISION 5. SINGLE FAMILY MEDIUM DENSITY (R-1 B)
Sec. 59-104. Oondition l uses,
(a) Schools --Public and private elementary, junior high and senior high schools. (See Chapter
59, Article X, Division 3 --Conditional Uses Performance/Development Criteria "Schools
Performance Criteria", for specific regulations and performance criteria that schools shall be
required to meet).
(b) Churches.
(1) If a child care facility is contemplated as an associated use, a minimum lot size of one (1)
acre is required.
(c) Child care facilities.
(1) A landscape buffer in accordance with section 35-38 shall be required on nonstreet
property lines.
(2) Such facility shall provide a passenger drop-off zone adjacent to the facility providing clear
ingress and egress from parking and access areas, or other means of safe access.
(3) All structures, playgrounds and outdoor recreational areas shall be set back a minimum fifty
(50) feet from any abutting residential zoning district or residential use.
Sec. 59-105. Maximum residential density.
The maximum number of residential dwelling units per acre in the single family medium
density (R-1 B) district shall be four point nine three (4.93) units per acre. See section 27-11,
Definitions.
(Ord. No. 7-1992, 4-16-92; Ord. No. 34-2008, § 2, 9-23-2008)
Sec. 59-106. Height yard and area requirements.
(a) Maximum building height shall not exceed thirty-five (35) feet.
(b) Minimum yard requirements:
Front --Twenty-five (25) feet.
Side --Ten (10) feet.
Side corner --Twenty (20) feet.
Rear --Twenty-five (25) feet.
(c) Minimum lot size --Seven thousand five hundred (7,500) square feet.
ku) ivnnuiium lot width seventy=live (r5) ieet.
(e) Maximum lot coverage by all buildings --Thirty-five (35) percent.
(f) Minimum living area --One thousand two hundred (1,200) square feet.
(Ord. No. 7-1992, 4-16-92; Ord. No. 3-2001, § 1, 2-27-01)
Sec. 59-107. Minimum off-street parking requirements.
See Chapter 39, Article III.
(Ord. No. 7-1992, 4-16-92)
DIVISION 6. SINGLE FAMILY HIGH DENSITY (R -1C)
Sec. 59-124. Conditional uses.
(a) Schools --Public and private elementary, junior high and senior high schools. (See Chapter
59, Article X, Division 3 -=Conditional Uses Performance/Development Criteria "Schools
Performance Criteria", for specific regulations and performance criteria that schools shall be
required to meet).
(b) Churches.
(1) If a child care facility is contemplated as an associated use, a minimum Int size of nne (1)
acre is required.
(c) Child care facilities.
(1) A landscape buffer in accordance with section 35-38 shall be required on nonstreet
property lines.
(2) Such facility shall provide a passenger drop-off zone adjacent to the facility providing clear
ingress and egress from parking and access areas, or other means of safe access.
(3) All structures, playgrounds and outdoor recreation areas shall be set back a minimum of
fifty (50) feet from any abutting residential zoning district or residential use.
Sec. 59-125. Maximum residential density.
The maximum number of residential dwelling units per acre in the single family high
density (R -1C) district shall be five point six nine (5.69) units per acre. See section 27-11,
Definitions.
(Ord. No. 7-1992, 4-16-92; Ord. No. 34-2008, § 3, 9-23-2008)
Sec. 59-126. Height, yard and area requirements.
(a) Maximum building height shall not exceed thirty-five (35) feet.
(b) Minimum yard requirements:
Front --Twenty-five (25) feet.
Side --Ten (10) feet.
Side corner --Twenty (20) feet.
Rear --Twenty-five (25) feet.
(c) Minimum lot size --Six thousand five hundred (6,500) square feet.
(d) Minimum lot width --Sixty-five (65) feet.
(e) Maximum lot coverage by all buildings --Thirty (30) percent.
(f) Minimum living area --Nine hundred (900) square feet.
(Ord. No. 7-1992, 4-16-92)
DIVISION 7. MULTIFAMILY, MEDIUM DENSITY RESIDENTIAL (R-2)
Sec. 59-144. Conditional uses.
(a) Schools --Public and private elementary, junior high and senior high schools. (See Chapter
59, Article X, Division 3 --Conditional Uses Performance/Development Criteria "Schools
Performance Criteria", for specific regulations and performance criteria that schools shall be
required to meet).
(b) Churches.
(1) if a child care, facility is contemplated as an associated use, a minimum lot size of one (1)
acre is required.
(c) Child care facilities.
(1) A landscape buffer in accordance with Section 35-38 shall be required on non -street
property lines.
(2) Such facility shall provide a passenger drop-off zone adjacent to the facility providing clear
ingress and egress from parking and access areas, or other means of safe access.
(3) All structures, playgrounds and outdoor recreation areas shall be set back a minimum of
fifty (50) feet from any abutting residential zoning district or residential use.
DIVISION 8. MULTIFAMILY, HIGH DENSITY RESIDENTIAL (R-3)
Sec. 59-161. Purpose and intent.
The multifamily high density residential (R-3) district is intended to allow the
development of a variety of housing types at a maximum density of fifteen (15) units per acre.
This district is further intended to satisfy the need for a high concentration of population, is
located adjacent to arterial or collector Streets and is well served by public services and
facilities. When adjacent to R-1 zoning districts, the development within the district shall be
designed carefully to provide maximum compatibility with adjacent development by proper
architectural design, landscaping, screening, and parking.
(Ord. No. 7-1992, 4-16-92; Ord. No. 27-2002, § 5, 6-11-02)
Sec. 59-164. Conditional uses.
(a) Schools --Public and private elementary, junior high and senior high schools. (See Chapter
59, Article X, Division 3 --Conditional Uses Performance/Development Criteria "Schools
Performance Criteria," for specific regulations and performance criteria that schools shall be
required to meet.)
(b) Churches. If a child care facility is contemplated as an associated use, a minimum lot size
of one (1) acre is required.
(c) Child care facility.
(1) A landscape buffer in accordance with section 35-38 shall be required on nonstreet
property lines.
(2) Such facility shall provide a passenger drop-off zone adjacent to the facility providing clear
ingress and egress from parking and access areas, or other means of safe access.
(3) All structures, playgrounds, and outdoor recreation areas shall be setback a minimum of
fifty (50) feet from any abutting residential zoning district or residential use.
DIVISION 9. RESIDENTIAL MANUFACTURED HOUSING (RMH-1 SUBDIVISION)
Sec -59-18-1. Purpose and intent.
The residential manufactured housing subdivision (RMH-1) district is established to allow
for the suitable development of mobile homes and manufactured housing subdivisions platted in
accordance with the subdivision regulations of the Land Development Regulations.
Manufactured housing subdivisions shall be developed at a maximum density of six (6) units per
acre and shall be located, designed and improved to provide a desirable residential living
environment, protection from potentially adverse neighboring influences, protection for adjacent
residential properties and access for vehicular traffic without traversing minor streets in
adjoining residential neighborhoods. It is the further intent to declare that the mixing of
manufacturing housing and conventional dwellings in the same development may potentially
produce mutual incompatibility for both types of dwellings. To that end, manufactured housing
shall be developed in residential manufactured housing subdivisions.
(Ord. No. 7-1992, 4-16-92)
Sec. 59-184. Conditional uses.
(a) Churches.
(1) If a child care facility is contemplated as an associated use, a minimum lot size of one (1)
acre is required.
(b) Child care facilities.
(1) A landscape buffer in accordance with section 35-38 shall be required on nonstreet
property lines.
(2) Such facility shall provide a passenger dropoff zone adjacent to the facility providing clear
ingress and egress from parking and access areas, or other means of safe access.
(3) All structures, playgrounds and outdoor recreation areas be set back a minimum of fifty (50)
feet from any abutting residential zoning district or residential use.
DIVISION 10. RESIDENTIAL MANUFACTURED HOUSING PARK (RMH-2)
Sec. 59-201. Purpose and intent.
The residential manufactured housing park (RMI -1-2) district is created to provide for the
suitable development of mobile homes and manufactured housing in a parklike setting. Such
manufactured housing communities shall be developed at a maximum density of eight (8) units
per acre and shall be located, designed and improved to provide a desirable residential living
environment, protection from substantially adverse neighboring influences, protection for
adjacent residential properties and access for vehicular traffic without transversing minor streets
in adjoining residential neighborhoods. It is the further intent to declare that the mixing of
manufacturing [manufactured] housing and conventional dwellings in the same development
may potentially provide mutual incompatibility for both types of dwellings. Therefore,
manufactured housing shall be developed in a parklike setting. Accommodation for travel trailer
parks as a conditional use shall be provided Within this designation.
(Ord. No. 7-1992, 4-16-92)
Sec. 59-204. Conditional uses:
(a) Churches.
O y p minimum -I-- _�
1 If a child care facility is contemplated as an associated use, a minimum w� size v� o�.e � � 1
acre is required.
(b) Chrld dare facilities.
(1) A landscape buffer in accordance with section 35-38 shall be required on nonstreet
property lines.
(2) Such facility shall provide a passenger dropoff zone adjacent to the facility providing clear
ingress and egress from parking and access areas, or other means of safe access.
(3) All structures, playgrounds and outdoor recreation areas shall be setback a minimum of fifty
(50) feet from any abutting residential zoning district or residential use.
Sec. 35-38. Visual buffer and screening requirements.
(a) Visual buffering refers to a visual barrier provided for the purpose of separating a parking
stall from the view of neighboring uses or from the street. A visual buffer shall be an
architecturally compatible solid masonry wall, an earth berm or shrubbery hedge planted three
(3) feet on center or any combination thereof, provided that it creates a continuous visual barrier
thirty (30) inches high within six (6) months from installation. This shrubbery shall not be
credited to required landscaping under 35-36(b). Vehicular visual access shall be provided as in
Section 35-37(b), above.
(b) A screen refers to a visual barrier designed to separate land uses and to remove service bays,
outside storage and handling areas, and trash receptacles from public view.
(1) A screen shall be a continuous hedge, or a solid wood or masonry wall fence. An earth berm
may be used in concert to achieve a portion of the required height.
(2) Said screen shall be a minimum of six (6) feet in height. (In the case of a hedge it must
reach the required height and provide a continuous 100% opaque screen within six (6) months
from installation.)
Note: Said hedge shall not be credited against the required number of plantings under 35-36(b).
(3) Dumpster enclosures shall be oriented such that the opening is not exposed to public view or
shall be screened as provided for above.
(Ord. No. 6-2006, § 7, 2-28-06)