HomeMy WebLinkAboutAgenda - 11-23-2015 - Item C.2 - Abstract - Motor Vehicle Sales Text Amendment 2 25
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 23, 2015
Action Agenda
Item No. C.2
SUBJECT: Unified Development Ordinance Text Amendment — Display of Vehicles at
Motor Vehicle Sales/Rental Land Uses
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Michael Harvey Planner 111,(919) 245-2597
Development Ordinance Outline Form — Craig Benedict, Director, (919) 245-2585
Display of Vehicles at Motor Vehicle
Sales/Rental Land Uses (UDO/Zoning
2015-06)
2. Examples of Existing Motor Vehicle
Sales/Rental Businesses
3. Proposed UDO Text Amendment(s)
PURPOSE: To hold a public hearing on Planning Director initiated Unified Development
Ordinance (UDO) text amendments proposing the adoption of regulations governing display of
vehicles at motor vehicle sales/rental businesses.
BACKGROUND: The Board of County Commissioners (BOCC) approved the Amendment
Outline Form (Attachment 1) for this item at its May 5, 2015 regular meeting. Agenda materials
from this meeting can be viewed at-
ht!p-://www.oranqecountvnc.qov/document center/ OCCAgenda inutes/150505.pdf.
Staff has seen an increase in the number of automotive sale/rental business operating within
the County and has begun receiving complaints related to the storage and display of vehicles
(i.e. too many cars being displayed, parking over septic fields, parking in required buffer areas,
parking in public road rights-of-way, etc.). Currently, the County limits only the total number of
cars that can be parked and/or displayed for an automotive sales business located within the
Neighborhood Commercial (NC-2) general use zoning district.
Staff is proposing to develop comprehensive regulations designed to limit the overcrowding of
automotive sales operations within all general use zoning districts where such land uses are
permitted.
For more background information please refer to Section B.1 of Attachment 1. Staff has also
provided pictures of existing motor vehicles sales/rental businesses in Attachment 2 to assist in
illustrating the concern(s).
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SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this agenda item:
GOAL: Enable Full Civic Participation
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Receive the request,
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be
returned to the BOCC in time for its February 2, 2016 regular meeting.
4. Adjourn the public hearing until February 2, 2016 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Attachment 1 27
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-06
Amendment(s) establishing regulations for automotive sales and rental business
addressing the display and advertising of cars for sale
A. AMENDMENT TYPE
Map Amendments
❑ Comprehensive Plan — Future Land Use Element Map:
From: - - -
To- - - -
❑ Zoning Map-
From- -- -
To: - - -
❑ Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s)-
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s): Section(s)
1. 5.2.1 Table of Permitted Uses, and
2. 5.15 Standards for Automotive/Transportation Related Uses
❑ Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
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initiated a text amendment to establish regulations governing the development and
operation of automotive sales.
Staff has seen an increase in the number of automotive sale business operating
within the County and has begun receiving complaints related to the storage and
display of vehicles being offered for sale, specifically too many cars being placed on
a parcel of property blocking or impeding access for both customers and emergency
vehicles. In certain instances, cars have been parked in required land use buffer
areas killing required landscaping or have been encroaching into adjacent rights-of-
way creating additional enforcement problems.
Staff is proposing to develop comprehensive regulations designed to limit the
overcrowding of automotive sales operations within all general use zoning districts
where such land uses are permitted.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
Automotive sales are allowed in the following general use zoning districts as a
permitted use (i.e. administrative approval) of property-
1. Neighborhood Commercial (NC-2) with special standards;
2. General Commercial (GC-4);
3. Existing Commercial (EC-5);
4. Existing Industrial (EI);
5. Light Industrial (I-1);
6. Medium Industrial (I-2);
7. Heavy Industrial (I-3);
8. Economic Development Eno High Intensity (EDE-2); and
9. Master Planned Development Conditional Zoning (MPD-CZ) district.
This use is also permitted within the Economic Development Buckhorn Low and High
Intensity (EDB-1 and EDB-2) districts with the review and approval of a Conditional
Use (i.e. a rezoning and Class A Special Use Permit) application by the BOCC.
Currently, the County limits only the total number of cars that can be parked and/or
displayed for an automotive sales business located within the Neighborhood
Commercial (NC-2) general use zoning district. It should be noted that staff has an
active code enforcement case against an existing business along Highway 70 within
the Cheeks Township.
The amendments are necessary to address congestion at automotive sales operations
due to too many vehicles being displayed for sale.
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29
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2015
b. Quarterly Public Hearing
November 23, 2015
c. BOCC Updates/Checkpoints
May 5, 2015 —Approval of UDO Amendment Outline Form
September 2, 2015 — Planning Board Ordinance Review Committee (ORC)
November 23, 2015 — Quarterly Public Hearing
February 2, 2016 — Receive Planning Board Recommendation
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
September 2, 2015 — Ordinance Review Committee
The ORC met and reviewed this item at its September 2, 2015 meeting where the
following comments were made:
• A Board member asked how prevalent the problem is.
STAFF COMMENT. We have approximately 5 motor vehicle sales
businesses within the County where we have problems with vehicles being
stored and displayed throughout the property. The problem this creates is
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30
that required land use buffers, customer parking areas, and septic fields are
being used to support the display of motor vehicles.
The proposed amendment is designed to assist staff in establishing a
methodology to delineate allowable vehicle display areas on properties used
to support motor vehicles sales/rental.
• A Board member asked how staff came up with the recommended vehicle limits.
STAFF COMMENT. The typical display area for a vehicle is 288 sq. ft., which
includes the required parking area for said vehicle and the portion of drive isle
allowing access.
Staff then identified the acceptable levels of intensity for the various base
zoning districts with respect to the display of motor vehicle sales/rental.
Ultimately the recommended numbers were designed to allow for
approximately 20% of the property to be used in support of motor vehicle
display allowing for the remaining area to satisfy setback, office, customer
parking, and required land use buffer development.
• Several Board members asked if the proposed text amendment will impact
allowable impervious surface area on a given parcel.
STAFF COMMENT. Development of such land uses will have to comply with
applicable impervious surface limits based on the Watershed Protection
Overlay District where the property is located.
• A Board member asked is staff could quantify the number of motor vehicle
sales/rental businesses operating in the County and if pictures of the vehicle
display issues could be provided.
STAFF COMMENT. Staff will provide this material at the November 23, 2015
Quarterly Public Hearing.
The ORC materials are available at-
hLtp-://www.oranqecountvnc.qov/ORC Sep 2015 Agenda Package.pdf. Meeting
notes can be viewed by utilizing the following link-
hLtp-://www.oranqecountvnc.qov/9 2 15 O C Notes.pdf.
January 6, 2016 — Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
N/A
d. Notice Requirements
Legal advertisement was published on November 11 and 18, 2015 in accordance
with the provisions of the UDO.
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e. Outreach:
® General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2015-16 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will establish comprehensive regulations governing the number and
placement of vehicles being offered for sale at an automotive sales operation in an effort
to address overcrowding concerns and eliminate impediments to vehicular
ingress/egress from the property.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey @orangecountync.gov
5
ATTACHMENT 2 - MAPS AND
PICTURES OF AUTOMOTIVE BUSINESSES 32
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Attachment 3 Article 5: Usm
Section 5.2: Table of Permitted Uses
TABLE OF . ZONING
TO SPECIAL STANDARDS
ZONING GENERAL USE
USE TYPE
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID
—Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^Allowed as more than one principal use if located on a bona fide farm(see Section 6.2.5)
Te- pvi obile Home (Use during
construction/ins a f ermanent residential unit
and for 30 days following issua ertificate of
Occupancy)
AUTOMOTIVE/TRANSPORTATION
Bus Passenger Shelter
Bus Terminals&Garages—
Motor Freight Terminals—
Motor Vehic nance& Repair(Body Shop)—
otor Vehicle Repair Garage —
gotor Vehicle Sales/Rental (New& Used)'
-fAQtQr Vehicle Services Stations
Parking As i i I Use, Surface or Structure
Petroleum Products: Storag .stribution —
Postal & Parcel Delivery Services
UTILITIES
Elevated Water Storage Tanks B B B B B B B B B B B B B
Public Utility Stations&Sub-Stations, Switching
Stations, Telephone Exchanges,Water&Sewage A A A A A A A A A A A A A A A A A A
Treatment Plants
Electric, Gas, and Liquid Fuel Transmissio s B B B B B B B B B B B B B B B B B B
Water&Sanitary Sewer Pu
Solar Array— acility
I B B B B B B B B B B B B B B B B B
rray—Public Utility I A A A A A A A A A A A A I A A A A A A
1 As we are extending vehicle display standards/limits to all districts there is no reason to single out vehicle sales/rentals in NC-2 anymore.
Orange County, North Carolina—Unified Development Ordinance Page 5-10
Article 5: Usm
Section 5.15: Standards for Automotive/Transportation Related Uses
from the property line.
(3) Hours of operation shall be limited to the hours betwee/an(4) Site shall have direct access to a major road, as classiunty
Comprehensive Plan, and shall use said road as the p
approved otherwise in the permit.
5.14.4 Winery, p duction only
(A) Stan ds for Class B Special Use Permit or ASE-CZ Z ing District
(1) 1 cated in an AR or RB zoning district, the wi ry must be located on a bona
fide rm.
(a) winery, production only, that is 1 cated on a bona fide farm, and which
u ''zes primarily crops produce on-site is considered a bona fide
far i g use and is not subjec o zoning regulations.
(b) A wine production only at does not utilize primarily crops produced
on-site, r ardless of w ther it is located on a bona fide farm, is not
considered bona fi farming use and is subject to the regulations
contained in t O finance.
(2) If located adjacent to re i ntially zoned property, all buildings shall be located a
minimum of 100 feet f m th property line.
(3) Application materi s shall inclu a comprehensive groundwater study, for
facilities expect to use more gr ndwater on an annual basis than an average
single family r sidence (which uses 0 gallons of water per day) built at the
highest de ty the existing zoning dis ict would allow. For example, if the
existing ping district allows a residenti density of 1 unit for 2 acres and the
propos use is on a six acre parcel (which ould yield 3 residences), the
prop ed use(s) may use three times the wat used by an average single family
re ence (or 720 gallons per day, on an annua i ed basis) before a
mprehensive groundwater study is required. Th water usage rates of any
existing use subject to zoning regulations located on e same lot shall be taken
into account when determining if a comprehensive gro dwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a dai , weekly, monthly,
and annual basis by regulated uses located on the par I (e.g., water
usage by bona fide farm uses is not required to be inclu d);
(b) An analysis of the amount of groundwater withdrawal consi ed to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed u are
expected to be affected by withdrawals made by the proposed use.
SECTION • ' AUTOMOTIVE/TRANSPORTATIO
USES
5.15.1 Motor Vehicle Sales/Rental (New& Used) in the "'r_22 Zoning Diet.m +z
(A) Submittal Requirements
(1) In addition to the information required by Section 2.5, the site plan shall show the
area for the display of vehicles for sale or rental
z Originally the County adopted regulations establishing a specific limit on the display of motor vehicles for sale in
the NC-2 zoning district. This amendment establishes a limit on the outdoor display of motor vehicles offered for
sale in every zoning district where the land use is permitted.
Orange County, North Carolina—Unified Development Ordinance Page 5-130
Article 5: UW@
Section 5.16: Standards for Medical Uses
(B) General Standards
(1) Property shall have frontage and direct access onto a State maintained roadway.
(2) Areas of the property designated for the display of vehicles for sale or rent shall
be improved with an all-weather surface (i.e. concrete, asphalt, gravel) and shall
not be used for any other purpose.
(3) Additional vehicles, other than those offered for sale or rent, shall be screened
from view from adjacent properties and public rights-of-way.5
(C) Standards for the NC-23 EC-5, and E-I Zoning District(s)
/4\
This use shall 9RIy be n mi++orJ Within +ho (`nmmorninl Trnnci+inn Anti,pity n
(`nmmornial !Rd is+rial Trn Nede Iand 6168 nlassifina+inns
designated on the Land Use Element Map of the adopted GempFehens Pie Dla.A 6
(1) The display of vehicles outdoors shall be limited to 25 vehicles per acre of
property.
(D) Standards for GC-4, I-1, I-2, I-3, EDB-1, EDB-2, and EDE-2.$
(1) The display of vehicles outdoors shall be limited to 45 vehicles per acre of
Property.
5.16.1 Veterinary Clinic
(A) Standards for Class B Sp se Permit -CZ or MPD-CZ Zoning District
(1) In the AR and ASE-C ng distri , is use is intended primarily for large
animal facili ' may also contain an and all animal component.
(2) cated adjacent to residentially zoned property, all building acilities shall
be located a minimum of 100 feet from the property line.
3 Staff is recommending the area identified on the site plan as serving as the display area for vehicles be improved
(i.e. asphalt,concrete,gravel) is to avoid unnecessary disturbance of property as vehicles are moved in and out of
the area. A concern we have is constant moving and parking of cars will result in unnecessary disturbance of the
ground, kill vegetation serving as a stabilizing mechanism for soil,and increase sediment runoff from the property
in contradiction of our regulations.
4 We have had problems in the past with identified parking areas for vehicles being displayed for sale or rent being
used as primary parking areas for customers and staff. This provision will give staff greater ability to prohibit same
and ensure there is adequate display area as well as required parking for patrons/staff.
5 In consultation with the Director, it was determined additional storage area could be allowed on-site for vehicles
not intended for sale or rental so long as said storage area was screened from view.
6 This laguange is recommended for deletion to address a concern from the Attorney's office with respect to
establishing land use prohibitions associated with acceptable land uses on the land use categories contained within
the Comprehensive Plan.
A typical display area for a vehicle is 288 sq.ft.,which includes the required parking area for said vehicle and the
portion of drive isle allowing access. The proposal would allow approximately 17%of every acre of property to be
dedicated to the display of vehicles offered for sale or rent. This regulation does not eliminate the property owner
from having to comply with other ratio/dimensional standards contained within the UDO.
8 This includes the GC-4, I-1, I-2, I-3,and the Buckhorn and Eno Economic Development districts.
9 The proposal would allow approximately 30%of every acre of property to be dedicated to the display of vehicles
offered for sale or rent. This regulation does not eliminate the property owner from having to comply with other
ratio/dimensional standards contained within the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 5-131