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Home My WebLink AboutNS Ord-1998-002 Planning - Zoning Ordinance Text Amendment - Garden Center Article 4.3, Article 6.16.18, Article 22 - 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 -Garden Center Article 4.3 Permitted Use Table Article 6.16.18 (New) Garden 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 Board 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 standazds 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." Gazden 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 gazden center. 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 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. 3 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 Boazd 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." Gazden 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. Standazds 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 are 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 >s ASSOCfATES ORANGE COUNTY ZONING ORDINANCE AMENDMENT ARTICLE 22 DEFINITIONS 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 zoning districts: a) Outdoor display and storage of goods will be permitted b) Outdoor storage of bulk goods shall be located such that it is to the rear 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 bulk 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. 33707AOLDm.1d1197.K 4.j PERMITTED USE TABLE * ~ PERMIT'[EO USE ~pp~c~SLD Z~l~11,K~ oC~.V1IJAIJt.I~. AMEII~MENT'(ol~~- ~~~Y) 5~pr 2q,1997 A ~ CLASS A SPECIAL USE (ARTIf.LE 8) 8 ~ CLASS B SPECIAL USE (ARTICLE A) r _'. • P.B AR R2 R3 R4 RS R8 RI LC1 NC2 C3 GC4 EC 0{ EI I1 12 i3 AS EO ID sl ', Ga~rdeh Gehter (D• Prises S.les~ ~r aE ~ ~ >* ~ S2 Agricultural Service Uses * ~ 53 Animal Hospitals; Veterlnartans ~ y * * * * * * ~, S4 Assembly facility less Than 300 SS Assembly facility Greater ~ Than 300 m 56 Banks t financial ~ Instiwtlons S7 Beauty i Barber Shops * * * * * R,o S8 Clubs or Lodges; Social; ~ ~ ro Fraternal or Union Clubhouses * * * * * * * * ~ o S9 Orlve In Theatres * ~ m S10 farm Equipment a Sales * * * * * ~`~ S11 feed, Seed, Storage S _ ~ • --'`~ o p1 Processing * * * ° n 512 Funeral Homes * * ~ a S13 Greenhouses ~No On Premises ^r,, ° ° Sales * * * * * * * * - y 514 Greenhouses (On Rremises Sales) * * * * * ~ ~- Sly Health Services: Under 10,000 Sq. Ft. ~ * * * * ~ ~' 516 Ilealth Services: Over 10.000 Sq . f t . _ ~' Si7 liospltals ~ '' Amendments: ll) 1-S-H1 RB AR R{ R2 R~ R4 RS RP .13 LCI NC2 f.3 GC4 C5 t~l EI 11 I? 13 AS ED PIU rn f / r NOVEMBER 24, 1997 ~~, (~ I MINUTES ; ;i lunu~ ~ G 7 u This item was presented by Planning Mary wllis 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 for 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 & Associates, indicated that he represented a Gient 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 created 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 15.000 square feet per acre. w ~ I~ l~ 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 qualify (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 8 ~« .' ~.. •' ... .. • . . ~: .. .. .» ... .S! . .«"......} .. ..... .. .. ~ ~. .. '' 7/ P nn' g Board Minutes ,. ~ 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 N/A, 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-1. 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. G Zoning Ordinance Text Amendments (1) Gazden 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 "gazden center" with appropriate standards included in Article 6 and a definition of the use in Article 22. A copy of the proposed amendments aze 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 "gazden center". Gazden 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 gazden center. 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 Depaztment 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 Penmitted 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. 9 MOTION: VOTE: MOTION: l~ 7/ o P ~ nn' g rd Minutes 10 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 Boazd for a recommendation to be returned to the Boazd of Commissioners no sooner than February 3, 1998. Provided that the Planning Boazd and the Boazd of Commissioners fmd in the affirmative, the Zoning Officer recommends approval of the proposed text amendments. Strayhom 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 aze 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 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 r v n MEMORANDUM To: Board of County Commissioners From: Emily Cameron, ASLA Planner II/Landscape Architect eec Subject: Proposed Zoning Ordinance Amendment -Garden Center (Consent Agenda Item #8h) Date: January 20, 1998 Copies: John M. Link, Jr., County Manager Geof Gledhill, County Attorney Gene Bell, Planner III Beverly Blythe, Clerk to the Board Greg Shepard, Applicant Following agenda review, the County Attorney provided additional comments on the proposed amendments to the Zoning Ordinance pertaining to garden centers which were presented at the November public hearing (Consent Agenda Item #8h). Attached is a copy of the Permitted Use Table with one change: garden center is not proposed as a permitted use in the Existing Commercial (EC-5) zoning district. The purpose and intent of the Existing Commercial district is to accommodate uses. that existed at the time zoning was first applied. Therefore, no new uses should be proposed in the EC-5 district. The Administration recommends approval of the amendments to Articles 6 and 22 and the revision to the Permitted Use Table as recommended by the County Attorney. a~av~Nr g-29-~i7 4.3 PERMITTED USE TABLE * PERMITTED USE A = CLASS A SPECIAL USE (ARTIf,LE 8) B CLASS 8 SPECIAL USE (ARTIf,LE R) .'.. s1 C,axd cry Cuter (Oa PrcMKet S,rJes~ S2 Agricultural Service Uses 53 Animal Hospitals; Veterinarians S4 Assembly Facility Less Than 300 55 Assembly Facility Greater Than 300 56 Banks 6 Financial Institutions 57 Beauty B Barber Shops S8 Clubs or Lodges; Social; Fraternal or Union Clubhouses S9 Drive In Theatres S10 Farm Equipment 6 Sales Sil Feed, Seed, Storage 6 Processing S12 Funeral Homes S13 Greenhouses (No On Premises Sales) S14 Greenhouses (On Rremises Sales; S15 Health Services: Under 10,000 Sq. Ft. S16 Health Services: Over 10,000 Sq. Ft. S17 Hospitals Amendments: (1) 1-5-87 (2) 3-1-94 I!B AR Rj R2 R3 R4 RS R8 R1 LC1 NC2 C3 GC4 EC OI EI I1 12 13 AS ED ID ~ ~ ~ ~ ~ * 7D m H * * * * * * ~ * * m * * m N c° * * * * * * * ~ * * mo co om ~ F, * ~~~ * * * * y i ' H~ O~ * * * ~ a * * ~a M * * * * * ~v -i ~t * a RB AR R1 R2 R3 R4 RS RP .13 LC1 NC2 f,3 GC4 C5 01 EI I1 12 13 AS ED PID (t) (2) 9 ITEMS REMOVED FROM THE CONSENT AGENDA C. Housing Rehabilitation Contract Award The Board considered awarding a contract for housing rehabilitation through the CDBG/HOME Program to Thames Construction Co. in the amount of$35,925. In answer to a question from Commissioner Crowther, Housing and Community Development Director Tara Fikes said that to stay within the money available for this project, modifications were made with the existing bathroom. She noted that they did not leave out anything and they are addressing all violations. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to declare invalid the bid submitted by Taylor Home Improvements, and award a housing rehabilitation contract to J. W. Thames Construction Co. in the amount of$35,925. VOTE: UNANIMOUS h. Zoning Ordinance Text Amendment- Garden Center The Board considered amendments to the Zoning Ordinance to create a new"Garden Center' land use category with appropriate standards included in Article 6 and a definition of the use in Article 22. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to close the public hearing and approve the proposed Zoning Ordinance Text Amendments as recommended by the Planning Board. VOTE: UNANIMOUS 1. Change in Regular Meeting Schedule No action was taken on this item. 9. ITEMS FOR DECISION - REGULAR AGENDA a. Work First Plan The Board considered approval of the Orange County Work First Plan Social Services Director Marti Pryor-Cook introduced Rosetta Moore, Chair of the DSS Board, Gwen Price, Coordinator of the Work First Program and Commissioner Carey who cochaired the Committee. She recognized Dee Gamble from the School of Social Work at UNC-Chapel Hill. She said that this plan represents the work of more than 40 task force members who worked diligently on this plan for several months. The plan had a public comment period from December 22, 1997 through January 12, 1998 and the DSS Board held a public hearing on January 13. Marti Pryor-Cook emphasized that In order for our County to be successful in carrying out this plan, it will take a community effort. In addition to identifying goals, outcomes and strategies specific to Orange County's population, the Task Force developed strategies to meet the primary statewide goals of: Reducing the Work First Caseload; Puffing Adults to Work; Staying Off Welfare After Going to Work; and Avoiding Welfare Through Diversion Assistance. The plan outlines the strategy that the County will follow to achieve the outcomes as mandated by the state. Chair Brown suggested added the Skills Development Center as a County strategy. A motion was made by Commissioner Halkiotis, seconded by Commissioner,Carey to approve the Orange County Work First plan as submitted adding the Skills Development Center as a County strategy. VOTE: UNANIMOUS b. Aerial Photography Agreement The Board considered an agreement with Atlantic Technologies Ltd. for aerial photography services. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign this agreement with Atlantic Technologies Ltd. for aerial photography services at a cost of$51,900. VOTE: UNANIMOUS