HomeMy WebLinkAboutAgenda - 02-28-2011 - C.2329
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 28, 2011
SUBJECT: Zoning Text Amendment Petition
Action Agenda
Item No. C.2
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
INFORMATION CONTACT:
1. Text Amendment Petition Michael D. Harvey, Planner III 245-2597
2. Land Use Element Map from the Orange Craig Benedict, Director 245-2575
County Comprehensive Plan
3. Map(s) of Location(s) for NC-2 District(s)
PURPOSE: To hold a public hearing and receive comment on a zoning text amendment
petition, submitted by Mr. Ben Lloyd, to amend Article Four (4) Section 4.3 Table of Permitted
Uses of the Orange County Zoning Ordinance (Section 5.2 of the proposed UDO) modifying the
Motor Vehicle Sales & Rental (New and Used) land use category allowing for the sale and rental
of motor vehicles within the Neighborhood Commercial Two (NC-2) geitieral use zoning district
as a permitted use.
BACKGROUND: Motor Vehicles Sales Rental (New & Used) are allowed as a permitted, principal,
use of property within the following general use zoning districts:
• General Commercial Four (GC-4)
• Existing Commercial Five (EC-5)
• Existing Industrial (EI)
• Low, Medium, and Heavy Industrial (I-1, I-2, and I-3)
• Eno EDD Primary
The use is also allowed within the. Buckhorn EDD Primary zoning district subject to the approval of a
Planned Development (PD) application (i.e. rezoning. and Class A Special Use Permit application
approval by the BOCC).
Proposed Text Amendment: Within the application, Mr. Lloyd writes that he has an interested party
who wishes to rent an existing NC-2 zoned parcel, under his ownership, along US Highway 70 to sell
`nice shinny ready to sell automobiles'. The property in question is located at the intersection of US
Highway 70 and Maple Street (PIN 9854-18-0304) and is located within the Commercial Industrial
Transition Activity Node.
330
Mr. Lloyd believes that such a land use is consistent with the intent of the NC-2 zoning district, is in
harmony with the area in general, would be beneficial to local residents, and is a more practical use
of his property. As part of this petition, Mr. Lloyd is proposing to limit the number of vehicles that can
be sold/rented from an NC-2 zoned parcel to twelve (12).
Zoning Officer Analysis; As required under Article Twenty (20) Section 20.3.3 of the Orange
County Zoning Ordinance,- the Zoning Officer is required to: `cause an analysis to be made of
the application and, based upon that ana/ysis, prepare a recommendation for consideration by
the Planning Board and the Board of County Commissioners'. In analyzing this request, the
Zoning Officer offers the following:
1. The application has been deemed complete in accordance with the requirements of
Article Twenty (20) of the Ordinance.
2. Regardless of the applicant's interest in locating this land use on the aforementioned
property; approval of this petition wciuld allow for the development of fhe Motor Vehicles
Sales Rental (New & Used) land use on all NC-2 zoned property as a permitted use
throughout the County.
3. Article Four (4) Section 4.2.9 (a) of the Ordinance indicates that the intent of the NC-2
district is to;
.., provide appropriately located and sized sites for limited commercial uses
designed to serve a population at the neighborhood and rural level with
convenience goods and personal services. Performance standards will be used
to insure the absence of adverse impacts beyond the lot boundaries of the use.
4. In accordance with Article Four (4) Section 4.2.9 (b) (2) of the Ordinance, uses developed
within the NC-2 district are intended to serve a: `market area population confined to the
immediate area and uvould generally not serve commuters or persons outside the
surrounding neighborhood'.
5. Article Four (4) Section 4.2.9 (b) (1) of the Ordinance identifies the various nodes/land
use categories where the NC-2 general zoning district is allowed to locate. These areas,
as defined within the 2030 Comprehensive Plan, are as follows:
a. Commercial Transition Activity Node: Land focused on designated road
intersections within either a 10-year or 20-year transition area that is appropriate
for retail and other commercial uses.
b. Rural Community Activity Node: Land focused on designated road intersections
which serve a nodal crossroads for the surrounding rural community and is an
appropriate location for any of the following uses: church, fire station, small post
office,- school, or other similar institutional uses and one or more commercial uses.
c. Rural Neighborhood Activity Node: Land focused on designated road
intersections, within a Rural Residential or Agricultural-Residential area that is
appropriate for small-scale commercial uses characteristic of `Mom and Pop'
convenience stores and gas stations.
Although not- listed within the Ordinance, the 2030 Comprehensive Plan allows for the
location of the NC-2 general use zoning district within the Commercial Industrial
Transition Activity Node defined as: `Land focused on designated road intersections
within either a 10-year or 20-year transition- area that is appropriate for retail and other
commercial uses and/or manufacturing and other industrial uses'.
33i
Please. refer to Attachments 2 and 3 for maps denoting the areas of the County where the
NC-2 general use zoning district would potentially be allowed per the 2030
Comprehensive Plan.
6. The proposed amendment appears inconsistent with the intent of the NC-2 district as the
use has a broader market area than currently envisioned for development within the
district. The land use appears to be intended to serve a regional population, not a local
neighborhood market,
7. The amendment would allow for a land use that appears inconsistent with the general
purpose and intent of the Rural Neighborhood and Rural Community Activity Nodes as
defined herein.
While staff would agree that the Motor. Vehicles Sales Rental (New & Used) land use
category would be appropriate within a Commercial Transition Activity Node and the
Commercial Industrial Transition Activity Node. there appears to be a conflict with allowing
the use within the other aforementioned Nodes as currently defined.
8. Staff is concerned over the potential .enforcement .problems generated by establishing a
limit on the number of cars that could be shown, sold, or rented on the property. If
approved, this amendment will require constant inspection by the Department to ensure
that the property is still compliance with local regulations,
9. If the petition were approved, the proposed UDO would be modified to reflect the Motor
Vehicles Sales Rental (New & Used) land use category as being a permitted use of
property within the NC-2 general use zoning as proposed by the applicant.
To review the full Ordinance text associated with the various section(s) referenced herein,
please utilize the following link to access the regulations on the Orange County Website:
www.co.orange.nc.us/piannin /zq oningordinance.asp
Staff Recommendation: Staff recommends the Board deny this request based on the proposal's
apparent inconsistency with the intent of the NC-2 general use zoning district, as defined within
Section 4.2.9 of the Ordinance, and the potential conflicts with such a use being developed
within the Rural Neighborhood Activity and Rural Community Activity Nodes as defined within
the 2030 Comprehensive Plan.
In the case of Mr. Lloyd's specific situation, staff believes there are other options available to allow for
the proposed use, without the approval of the proposed text amendment and the establishment of an
arbitrary cap on the number of vehicles that can be on the property. Options include rezoning the
property to an appropriate zoning designation consistent with the property's location within the
Commercial Industrial Transition Activity Node or applying for a Planed Development (Conditional
Use District in the UDO) rezoning and Special Use Permit approval.
Notification Requirements: Per Article Twenty (20) Section 20.6 of the Ordinance, staff has
caused a notice of this hearing to be published: `as least twice in a newspaper of public
circulation in the County for two (2) successive weeks: ` no less than ten (10) days-nor more
than twenty-five (25) days' before the public hearing. The legal ad was published within the
following publications on the following dates:
News of Orange Chapel Hill Herald
February 16, 2011 February 16, 2011
February 23, 2011 February 23, 2011
332
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services.
IZECOMMEN®ATION: The Planning Director recommends the Board:
1. Receive the zoning. text amendment petition,
2. Conduct the Public Hearing and accept public comment(s) on the petition,
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the County Board of Commissioners in time for the June 21, 2011 BOCC regular
meeting, and
4. Adjourn the public hearing until June 21, 2011 in order to receive the Planning Board's
recommendation and any submitted written comments.
~~~
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~`~'~ge ' ~n~°'A ~ ..... Olran~e County Planing and Insn~ctions Depaxtmenf
~r sz :. ~ ..,APPLYCATION I+'OR ZONINt~ TES' ~V1E1~MC+N~,
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AI'PJGICANT INFORMATION;
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Date: ~~ -,/ by'~---G'~ ~
Applicant: /li ~ ~,d,~G~J ,~i ;~. / d y ~ Phone: ~~ ~ ~ C? ~ ~ ~ ~~
Address: ,~, ~Gt ~ ail ~' ~7ll ~ Cell Phone:
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Section(s) of Zoning Ordinance proposed for amendment: ~ r'. G- ~ 8 ~'J ~ ~ 3 ~i4 ~ f ~ 1+' L'~ ~ ~ ~~'~ uS
General Amendment Request: mss" ~ /~-~~ ~ dl E? ~
SUBMITTAL INFORMATION (Artfcle Twenty (20) of the Orange County Zoning Ordinance):
1} A copy of the section(s) of the Orange County Zoning Ordinance proposed for modification,
2) A written statement describing in detail:
a) A description of the proposed changes sought by the applicant,
b) The revised text as requested by the applicant,
c) How the proposed amendment is consistent with, or carries out the intent and purpose of, the Orange County
Comprehensive Plan,
d) In accordance with Section 20.3.2 (c} of the Ordinance, the alleged error (if applicable) that would be corrected by
the proposed amendment,
e) In accordance with Section 20.3.2 (d} of the Ordinance, the changing conditions within the County, if any, that
make the amendment reasonably necessary to promote the public health, safety, and general welfare, and
fj In accordance with Section 20.3.2 (h): `All other circumstances, factors, and reasons' that the applicant offers to
justify approval of the request
3}The filing fee per the adopted Orange County fee schedule in affect as of the date of the application.
I (we), the undersigned, have been made aware of the process for the review and action associated with a Zoning Text Amendment
application and understand that only completed applications, containing all information required by the Orange County Zoning
Ordinance, shall be reviewed and acted upon by the County. Purifier I (we) understand that any assistance I (wa) may receive from
County staff in preparing this application in no way guarantees a favorable recommendation by staff on the merits of this proposal
nor does it guarantee an approval of the proposed text amendment by the County.
Applicant Date:
Applicant Date:
334
Please accept the #ext amendment petition seeking to modify the table of permitted uses
within flee zoning ordinance to allow for motor vehicle sales as a permitted use of
property.
The current zoning ordinance, Section 4.3, only allows motor vehicle sales. within the
following zoning districts: General Commercial Four (GC-4), Existing Commercial Five
(EC-5), Existing Industrial (E-I) and the various industrial districts.
Through this application I am requesting that the existing land use category for motor
vehicle sales, 5-25, be amended asfollows: -
LC1 NC2 CCS lsC9~ ECS OI Et 11 12 IS
Motor Vehide Sales Rental
S25 (New & Used} X X X X X X
X
1. Under twelve (12) cars Add
stored/dispiayed on-site
,nAth direct access onto a
land
State Maintained Road USe ltl
NC 2
here
I have been meeting with planning staff about the problem I have with my property at
3228 US 70 West in Efland. This shop has been utilized for automotive xpairs since
being built in 1959. Due to the economy my last tenant, who was in the automotive
repair business, left the building. As a result, the building has been unoccupied for
sometime.
The property in question is located within the County's 10 year Transition area, defused
within the Comprehensive Plan as an area suitable for higher densities and/or intensities
of land uses.
I have been approached by various individuals who wish to open another automotive
repair business on the property.
I am reluctant to rent the property for this use as frequently there are time delays in
obtainuig parts which requires incapacitated vehicles to site on the lot in wait for the
needed repairs. I do not believe this is visually what we want developed and operating
within the Efland area.
I recently rented this shop to a small time used automobile dealer who buys nice shiny
`ready to sell' automobiles. He went through all the requirements with the NC Depart of
Motor Vehicles and was ready to apen up but when he applied for his business permit he
was told that this property was zoned NC-2 by the County, which does not allow for
automobile sales.
335
I am of the opinion that having nice, clean, vehicles for sale on this property would be a
much more acceptable use by myself and the surrounding community than an automotive
repair business.
In terms of the requests compliance with the Comprehensive Plan, I am of the opinion
that this request is consistent with several goals and policies, including:
• Land. Use Coal 1 `Fiscally and environmentally responsible, sustainable growth,
consistent with the provision of adequate services and facilities and a high quality
of life'
There are several automotive repair facilities all along US 70 while there are no
automotive sales operations. As I understand it, the whole purpose of the NC-2
zoning district is to provide for uses that serve a local population with
convenience goods and personal services. I think that providing automobile sales
on a small scale we will be serving the needs of the local population and not
require them to drive all over the County just to purchase a car.
This operation will be more visually pleasing than an automotive repair shop and
'serve a need within the area that is not being addressed.
• Land Use Goa13 `A variety of land uses that are coordinated within a pro '~ -
and pattern that limits sprawl, preserves community and rural character'
minimized land use conflicts, supported by an efficient and balanced
transportation system'
As I have previously stated I do not believe that the sale of vehicles from a NC-2
zoned parcel of property is inconsistent with the purpose of this district. I believe
that by allowing this use in NC-2 we would be limiting sprawl by encouraging
more local development and not requiring the extension of urban area boundaries
for the provision of basic services to the population.
• Promoting economic development, which is a central goal of the Comprehensive
Plan by expanding business opportunities within the County.
Thank you for your consideration.
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