HomeMy WebLinkAboutAgenda - 01-20-1998 - 8hORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date January 20, 1998
Action Agenda
Item # ~_
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT -Gazden Center
Article 4.3 Permitted Use Table
Article 6.16.18 (New) Gazden Center
Article 22 Definitions
DEPARTMENT: PLANNING & INSPECTIONS PUBLIC HEARING: X Yes No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron
Extension 2580
Proposed Amendment TELEPHONE NUMBERS:
11/24/97 Public Hearing Minutes Hillsborough - 732-8181
1/7/98 Draft Planning Boazd Minutes Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To consider proposed amendments to the Zoning Ordinance to create a new land use
category called "gazden center" with appropriate standards included in Article 6 and
a definition of the use in Article 22.
BACKGROUND: On September 30 the Planning Department received a citizen's request to amend the
Zoning Ordinance to create a new land use category called "gazden center." Garden
center is a type of retail use providing landscaping supplies primarily for home use.
The definition proposed for Article 22 includes a list of typical products to be
associated with a garden center.
The proposed amendment to the Permitted Use Table indicates garden center as a
permitted use in all commercial zoning districts as well as in the Agricultural Service
District. Therefore, the use would be subject to Planning Department review and
approval of a site plan before zoning and building permits may be issued.
Standards for operation are proposed for Article 6.16 Additional Requirements for
Certain Permitted Uses. The suggested standazds specify that outdoor storage and
display of goods are permitted and limit the area allowed for outdoor storage of bulk
materials such as sand, topsoil, mulch, etc.
The proposed amendments were presented at the public hearing on November 24,
1997. The Planning Board and Board of Commissioners had no questions or
comments at the hearing. The applicant spoke in favor of the proposed changes
which were referred to the Planning Board for a recommendation.
On January 7, 1998, the Planning Board recommended approval of the proposed
amendments with a unanimous vote.
RECOMMENDATION: The Administration recommends that the Board of Commissioners close the public
hearing and approve the proposed Zoning Ordinance text amendments.
PROPOSED ORDINANCE AMENDMENT
~~~
REFERENCE: ZONING ORDINANCE
Article 4.3 Permitted Use Table
Article 6.16.18 (New) Gazden Center
Article 22 Definitions
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC X Public
Other:
EXPECTED PUBLIC HEARING DATE: November 24, 1997
Purpose of Amendment: To create a new land use category called "gazden center" with
appropriate standazds included in Article 6 and a definition of the use in
Article 22.
Impacts/Issues: On September 30 the Planning Department received a citizen's request to
amend the Zoning Ordinance to create a new land use category called "gazden
center." Garden center is a type of retail use providing landscaping supplies
primarily for home use. The definition proposed for Article 22 includes a list
of typical products to be sold.
The proposed amendment to the Permitted Use Table indicates gazden center
as a permitted use in all commercial zoning districts as well as in the
Agricultural Service District. Therefore, the use would be subject to Planning
Department review and approval of a site plan before zoning and building
permits may be issued.
Standards for operation aze proposed for Article 6.16 Additional Requirements
for Certain Permitted Uses. The suggested standazds specify that outdoor
storage and display of goods aze permitted and limit the azea allowed for
outdoor storage of bulk materials such as sand, topsoil, mulch, etc.
One effect of the proposal would be to allow a specific type of retail with
outdoor display and storage in the Local Commercial zoning district. Article
4.3 currently states that the only type of retail allowed in the LC-1 district
shall have no adverse impacts that occur beyond the immediate space
occupied by the building, that is, attracting few customers or clients to the
premises, with no outdoor storage, and all operations conducted entirely
within a fully enclosed building.
4
The standards proposed for Article 6 described above are intended to mitigate
any potential adverse impacts. The text of the amendments submitted by the
applicant is attached.
Planning Board: 1!7/98
BOCC:
PHILIP
POST
>:r
ASSOCIATES
ORANGE COUNTY ZONING ORDINANCE AMENDMENT
ARTICLE 22 DEFINTITONS
Add the following definition:
GARDEN CENTER:
Retail sales operation providing lawn and garden supplies and small equipment rental primarily
for home landscaping. Typical products include, but not limited to, decorative stone, garden
ornaments, decorative pots, container plant stock, and bagged or bulls sand, mulch and topsoil.
Seasonal sales such as Christmas trees, pumpkins and flowers will be permitted in the outdoor
display area.
ARTICLE 6.16 ADDITIONAL REQUIREMENTS FOR CERTAIN PERMITTED USES
Add the following section:
6.16.18 Garden Center
The following restrictions shall be applied to the above use in all zoting districts:
a) Outdoor display and storage of goods will be permitted.
b) Outdoor storage of bulls goods shall be located such that it is to the reaz or side of
the primary building and screened on three (3) sides by an eight (8) foot high
opaque wall or fence.
c) Outdoor storage for bulls goods shall be limited to 1,500 square feet per acre of
the- zoning lot.
d) Land use Buffers shall be provided in accordance with the requirements of Article
12.
5
53707AO1.Qm.102197.K -
4.3 PERnITTEO uSE TABLE
* - PERNIT'fE0 USE
~Pos~v z~~Jiuv orwlNa~lc~.
AN1E11DMENT'(o(cASXaE. Goi-~uuN)
SEp~'. 29,199?
A - CLASS A SPECIAL USE (ARTIf.LE P.)
8 - CLASS B SPECIAL USE (ARTIr,LE A)
• P.8 AR ~ R2 Rj Rh RS R8 Ili LCt NC2 Cj GC4 EC 41 EI ii i2 13 AS ED 10
sl : Gia~rdeh Ger~telr (D~ Praatc~es ~es~ * ~ ~ ~ ~ #
S2 Agricultural Service U:as * m
S3 Animal Hospitals; Vaterinarlans y
# * * * * * ~
S4 , Assembly Facility Less
Than 300
55 Assembly Faci It ty Groater ~
Than 300
rn
S6 Banks t Financial ,v
institutions * * * * * 1°
S7 Beauty t Barber Shops * * * * * m~
S8 Clubs or lodges; Social; o
fraternal or Union Clubhouses * * * * * * * * o 0
S9 Drlvn In Theatres * ~ m
S10 farm Equipment t Sales * * * * * m `~
S11 Feed, Seed, Storage S ~
• o w
Processing * * * ° n
512 Funeral Homes * * ~ a
S13 Greenhouses (No On Premises ~-,,,
Sales) * * * * * * * * d-°i
S14 Greenhouses (On Premises Sales) * * * * * o
~-
SIS Heatth Services: Under
10000 Sq. Ft. * * * * * ~•
516 .Health Services: Over
10.000 Sq. f t . ~`
S17 Ilospltals '~ '`
Amendments: (1) 1-5-A7 R6 AR RI R2 R3 R4 RS RP .13 LCI NC3 rj GC~i CS 01 EI 11 1? 13 AS EQ PIO
r) ~ 1 _ t _ rte -- -- - -- - -- -- - - - --- _.___ _
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NOVEMBER 24, 1997 ~j! ~ ~ ~(
MINUTES ' ~~ L;~ (,f
This item was presented by Planning Mary Willis in order to receive citizen comment on a
request to amend the Zoning Atlas. The proposed rezoning entails a parcel owned by Charlie and Amber
L. Chang at 1607 NC 86 North (Tax Map No. 4.3..18), fronting on the east side between Coleman Loop
Road North (SR 1334) and Coleman Loop road South (SR 1332). Existing zoning is AR
Agricultural-Residential. Proposed zoning is 1.1 Light Industrial in accordance with the Land Use Element
of the Comprehensive Plan for Orange County.
QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS
In response to a question from Commissioner Halkiotis, Ms. Willis indicated that she would
further clarify the details surround a portion of the map in which a dam is located.
QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS
Planning Board Chair Barrows asked about the planned uses for this property.
Mary Willis indicated that she did not know the answer to that questions. She pointed out that
they do not ask about specific uses because all permitted uses need to be considered during a rezoning
request.
QUESTIONS AND/OR COMMENTS FROM CITIZENS
Mr. Morrison indicated that he owns a lot next to this property and is building a home on the lot.
He asked for information regarding what would actually be done with this parcel.
Mary Willis indicated that the possible uses are listed in the packet on pages 50 and 51. Some of
those uses are light industrial, light manufacturing and a number of commercial uses.
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer this
item to the Planning Board for a recommendation to be returned to the Board of Commissioners no
sooner than February 3 1998.
VOTE: UNANIMOUS
3. Zoning Ordinance Text Amendments
a) Garden Center
This item was presented by Planner Emily Cameron for the purpose of receiving citizen
comment on proposed amendments to the Zoning Ordinance to create a new land use category called
"garden Center" with appropriate standards included in Article 6 and a definition of the use in Article 22.
On September 30 the Planning Department received a citizen's request to amend the Zoning Ordinance
to create a new land use category called "garden center." Garden center is a type of retail use providing
landscaping supplies primarily for home use. The definition proposed for Article 22 includes a list of
typical products to be sold. The proposed amendment to the Permitted Use Table indicates garden
center as a permitted use in all commercial zoning districts as well as in the Agricultural Service District
Therefore, the use would be subject to Planning Department review and approval of a site plan before
zoning and building permits may be issued. Standards for operations are proposed for Article 6.16
Additional Requirements far Certain Permitted Uses. The suggested standards specify that outdoor
storage and display of goods are permitted and limit the area allowed for outdoor storage of bulk materials
such as sand, topsoil, mulch, etc.
Mr. Greg Shepherd, of Phillip Post 8 Associates, indicated that he represented a client who
wished to put a garden center at this location. Upon examination of the Zoning Ordinance he discovered
that the two closest use categories were either greenhouse or retail sales. He found that a Garden
Center does not fit the category either the greenhouse or retail sales category. They then decided to
present this proposal to be considered countywide. They ueated this proposal themselves with help from
the Planning staff. He mentioned that outside storage would be allowed and would be to the rear onside
of the building and would be screened by an 8' foot fence. The amount of square footage for the outdoor
storage would also be limited to ~ 5,000 square feet per acre.
7
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QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS
None.
QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS
None.
QUESTIONS AND/OR COMMENTS FROM CITIZENS
Harold Newton stated that he owned a Garden Center in this general area of the county and he
would like to move a portion of his business to this new location. He wishes to display plants, topsoil,
firewood and pumpkins. This property is currently zoned Local Commercial (LC) which does not allow
outside products to be displayed.
A motion was made by Commissioner Carey, seconded by Commission Halkiotis, to refer this
item to the Planning Board for a recommendation to be retumed to the Board of Commissioners no
sooner than February 3, 1998.
b) Watershed Protection Overlay Districts
' This item was presented by Planner Mary Willis for the purpose of receiving citizen
comment on a proposed amendment to the Zoning Ordinance. The Zoning Ordinance amendments
which were adopted by the Board of Commissioners on January 1, 1994 were soon thereafter submitted
for review and approval by the Environmental Management Commission. The Division of Water quality
(DWQ) responsible for reviewing the ordinance for all NC counties and municipalities within water supply
watersheds, retumed its comments in a letter to the County Manager dated August 1, 1997. The
following revisions are required in order to obtain full compliance with the State mandate:
Change the word "sludge" to "residual";
Change references from "Division of Environmental Management' to "Division of Water Quality"; and
Clarify definitions for Major Variance, Minor Variance, and Discharging Landfill.
QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS
None.
QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS
None.
QUESTIONS AND/OR COMMENTS FROM CITIZENS
None.
A motion was made by Commissioner Carey, second by Commissioner Halkiotis, to refer this
item to the Planning Board for a recommendation to be retumed to the Board of Commissioners no
sooner than January 20, 1998.
VOTE: UNANIMOUS
4. Comprehensive Plan Amendment
Zoning Ordinance Text Amendment
Subdivision Regulations Text Amendment
a) Functional Road Classification
This item was presented by Planner Slade McCalip in order to receive comment on the
draft ordinance and Comprehensive Plan Amendments for the update to the Functional Road
Classifications of the Transportation Element of the Comprehensive Plan. On June 4, 1997 staff
presented to the Planning Board a process and schedule for updating the Transportation Element of the
Comprehensive Plan; included in this was an update to the road functional classifications. An amendment
to update the functional classifications is necessary because the maps in the Transportation Element to
the Comprehensive Plan depict planned roads that are no longer planned; some of the current functional
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7/ P nn' g Board Minutes
0 ~ a ~ ;
Katz asked about Article 20.3.2 d -Changed conditions, noting that there had
been no evidence to show this rezoning was necessary to promote health, safety
and welfare. It was determined that this finding should be NfA, not applicable
rather than "yes" as indicated by the staff findings.
MOTION: Allison moved agreement with staff findings on Article 20 with the change to
N/A for Article 20.3.2 d. Seconded by Hoecke.
VOTE: Unanimous.
Katz noted that the zoning applied for is indicated as EC-5 and this was
corrected to I- l .
MOTION: Hoecke moved agreement with staff findings on Article 4.2 with the change
noted by Katz. Seconded by Searles.
VOTE: Unanimous.
MOTION: Allison moved approval of the Planning Staff recommendation for the rezoning
request. Seconded by Selkirk.
VOTE: Unanimous.
¢. Zoning Ordinance Text Amendments
(I) Garden Center
Presentation by Emily Cameron.
This item is for consideration of proposed amendments to the Zoning
Ordinance to create a new land use category called "garden center" with
appropriate standards included in Article 6 and a defimition of the use in
Article 22. A copy of the proposed amendments are attachments to these
minutes on pages
On September 30 the Planning Department received a citizen's request to
amend the Zoning Ordinance to create a new land use category called
"garden center". Garden center is a type of retail use providing landscaping
supplies primarily for home use. The definition proposed for Article 22
includes a list of typical products to be associated with a garden center.
The proposed amendment to the Permitted Use Table indicates garden
center as a permitted use in all commercial zoning districts as well as in the
Agricultural Service District Therefore, the use would be subject to
Planning Department review and approval of a site plan before zoning and
building permits may be issued.
Standards for operation are proposed for Article 6.16, Additional
Requirements for Certain Permitted Uses. The suggested standards specify
- that outdoor storage and display of goods are permitted aad limit the area
allowed for outdoor storage of bulls materials such as sand, topsoil, mulch,
etc.
9
MOTION:
VOTE:
MOTION:
7/ P nn' g rd Minutes
The proposed amendments were presented at the public hearing on
November 24, 1997. The Planning Board and Board of Commissioners had
no questions or comments at the hearing. The applicant spoke in favor of
the proposed changes which were refen;ed to the Planning Board for a
recommendation to be returned to the Board of Commissioners no sooner
than February 3, 1998. Provided that the Planning Board and the Board of
Commissioners fmd in the affirmative, the Zoning Officer recommends
approval of the proposed text amendments.
Strayhorn moved approval as recommended by the Zoning Officer.
Seconded by Selkirk.
Unanimous.
(2) Watershed Protection Overlay Districts
Presentation by Emily Cameron.
This item is to consider a proposed amendment to the Zoning Ordinance to
achieve full compliance with State-mandated watershed protection
regulations.
Zoning Ordinance amendments which were adopted by the Board of
Commissioners on January 1, 1994 were soon thereafter submitted for
review and approval by the Environmental Management Commission.
The Division of Water Quality (DWQ), responsible for reviewing the
ordinances for all NC counties and municipalities within water supply
watershed, returned its comment to the County Manager in a letter dated
August 1, 1997. A copy of this letter is an attachment to these minutes on
page
The following revisions are required in order to obtain full compliance with
the State mandate:
Change the word "sludge" to "residual";
Change references from "Division of Environmental Management" to
"Division of Water Quality"; and
Clarify definitions for Major Variance, Minor Variance, and
Discharging Landfill.
The proposed amendment was presented for public hearing on November
24, 1997. There were no citizen or Board comments. A copy of the
proposed amendment is an attachment to these minutes on pages
The Planning Staff recommends approval of the proposed amendment.
Selkirk moved approval as recommended by the Planning Staff. Seconded by
Allison.
VOTE: Unanimous.
d. Zoning Ordinance Tezt Amendments
Subdivision Regulations Tezt Amendments