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HomeMy WebLinkAboutORD-2016-005 Ordinance Amending the UDO to revise existing regulations governing the display of vehicles at motor vehicle sales/rental businesses A9F a -;(-jubl� c, Ordinance#•ORD-2016-005 AN ORDINANCE AMENDING THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, Orange County has initiated amendment(s) to the Orange County Unified Development Ordinance in order to revise and update regulations for automotive sales and rental business addressing the display and advertising of cars for sale or rent , and WHEREAS, the amendment eliminates existing inconsistencies associated with the permitting and development of such land uses within allowable general use zoning districts, and WHEREAS, the amendment increases the total number of allowable vehicles that can be displayed an automotive sales and rental businesses, and WHEREAS, the amendment represents a reasonable balance of attempting to allow for the development and use of automotive sales and rental businesses while addressing identified impacts associated with the display of such vehicles, and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7 of the Unified Development Ordinance, the Board of Commissioners of Orange County has found the proposed text amendments to be reasonably necessary to promote public health, safety and general welfare and is consistent with the goals and policies of the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. BE IT FURTHER ORDAINED that this ordinance be placed in the book of published ordinances and that this ordinance is effective up its adoption. i Upon motion Commissioner seconded by Commissioner the foregoing ordinance was adopted this day of , 2016. t I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on /� , 2016 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2016. f � SE L 17 sz Clerk o e Board of Commissioners °rf ¢ cavotiaa 21 UDO AMENDMENT PACKET NOTES: The following packet details staff's proposed modifications to existing regulations associated with the review and permitting of sexually oriented businesses. As the number of affected pages/sections of the existing UDO are being modified with this proposal staff has divided the proposed amendments into the following color coded classifications: • Red Underlined Text: Denotes new, proposed text, that staff is suggesting be added to the UDO • Red Strikethrough Text: Denotes existing text that staff is proposing to delete • Green Bold Underlined Text: Denotes new, proposed text, designed to address comments made at the November 23, 2015 Quarterly Public Hearing. • Purple Bold Underlined Text: Denotes new, proposed text, designed to address comments made by the County Attorney's office after agenda review held on January 20, 2016. Staff has included footnotes within the amendment package to provide additional information/rationale concerning the proposed amendments to aid in your review. Only those pages of the UDO impacted by the proposed modification(s) have been included within this packet. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections `spill over' onto the included page. Text with a large "X" is not proposed for deletion. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://www.orangecountync.gov/departments/planning_and inspections/UDO MOST CURRE NT updated_120915.pdf Article 5: Uses 22 Section 5.2:Table of Permitted Uses TABLE OF PERMITTED USES—GENERAL USE ZONING DISTRICTS *=PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUB PECIAL STANDARDS GENERAL USE ZONING DISTRICTS 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) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) t- . Mobile Home (Use during ..■■-� construction/ins . : .•• of permanent manent residential unit and for 30 days following issu. Certificate of --_-■.. Occu•anc AUTOMOTIVE/TRANSPORTATION Bus Passenger Shelter MMMMo�M©MM_ MIMES©M- Bus Terminals &Garages— -MM-MMM-M--M©-MMMESES©- Motor Freight Terminals— -MMMMMMMMM--IZ--MMIM©- Motor Vehicle Mainte -• - : 'epair(Body Shop)— MMMMMMMMMMM-- • • . �c e Repair Garage — MMMMMMMMMMMM©MMMMM��� Njotor Vehicle Sales/Rental (New& Used) 1 MMMMMMMMMMMMEE MMMMMMM ehicle Services Stations MMMMMMMMMM©M©©MMMMMMM Parking As Prin .•_ se, Surface or Structure MMMMMMMMMM©MMMMMMMMMM Petroleum Products: Storage • ibution — •••••••••• Postal & Parcel Delivery Services MMMMMMMMMMMPiMMMMMMMM Elevated Water Storage Tanks ESESES '_nvESESQES-ESn B I B MOOOM Public Utility Stations&Sub-Stations, Switching Stations, Telephone Exchanges, Water&Sewage A A A A A A A A A A Treatment Plants .irQQ ='�_ Electric, Gas, and Liquid Fuel Transmission MMMMMMMMMM B Mn000M00oM Water&Sanitary Sewer Pum•.• MMMMMMMMMM©M©©MM._MM©© Solar Array L. : MMMMMMMMMM B MnMMM' Mmin • . •rray- Public Utility A A A A A A A A A A A A A A A M A A RAM 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: Uses 23 Section 5.15: Standards for Automotive/Transportation Related Uses from the property line. (3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p. . (4) Site shall have direct access to a major road, as classified in the Ora .e County Comprehensive Plan, and shall use said road as the primary acces., unless approved otherwise in the permit. 5.14.4 Winery, p eduction only (A) Stan. : ds for Class B Special Use Permit or ASE-CZ Zonin• 'istrict (1) I •cated in an AR or RB zoning district, the winery ► st be located on a bona fide .rm. (a) A winery, production only, that is locat=e on a bona fide farm, and which ut es primarily crops produced on-:ite is considered a bona fide farm. g use and is not subject to lining regulations. (b) A winer production only, tha Goes not utilize primarily crops produced on-site, re..rdless of whet -r it is located on a bona fide farm, is not considered a Bona fide f. ing use and is subject to the regulations contained in thi Ordin. ce. (2) If located adjacent to resid-'dally zoned property, all buildings shall be located a minimum of 100 feet fro he Groperty line. (3) Application materials - all inclu._ a comprehensive groundwater study, for facilities expected tP. use more gro 'dwater on an annual basis than an average single family reskence (which uses 2=• gallons of water per day) built at the highest densit he existing zoning distrii would allow. For example, if the existing zon. g district allows a residential Density of 1 unit for 2 acres and the proposed .se is on a six acre parcel (which Nuld yield 3 residences), the propos:: use(s) may use three times the wate sed by an average single family resid- ce (or 720 gallons per day, on an annualiz:d basis) before a co' prehensive groundwater study is required. The ater usage rates of any isting use subject to zoning regulations located on t' - same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, eekly, monthly, and annual basis by regulated uses located on the parce e.g., water usage by bona fide farm uses is not required to be include• • (b) An analysis of the amount of groundwater withdrawal consider-• to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use :re expected to be affected by withdrawals made by the proposed use. SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION R' ATED USES 5.15.1 Motor Vehicle Sales/ Rental (New & Used) in the NC 2 Zoning District2 (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 2 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: Uses 24 Section 5.15: Standards for Automotive/Transportation Related Uses (B) General Standards (1) Property shall have frontage and direct access onto a State maintained roadway. (2) Areas of the property desiqnated for the display of vehicles for sale or rent shall be improved with an all-weather surface (i.e. concrete, asphalt, qravel)3 and shall not be used for any other purpose.4 (3) Additional vehicles, other than those offered for sale, rent or staff/customer designated parking as required under Section 6.9 of this Ordinances, can be stored on-site and bshall be screened from view from adjacent properties and public rights-of-way.' Such vehicles shall not be included in the display limit calculation.8 (C) Standards for the NC-2,.EC-5, and E-I Zoning District] { } This use shall only be permitted within the Commercial Transition Activity or Commercial Industrial Transition Activity Node land use classifications, a& (1) The display of vehicles outdoors shall be limited to 3210 vehicles per acre of property.11 (D) Standards for GC-4, I-1, 1-2, 1-3, EDB-1, EDB-2, and EDE-2.12 (1) The displa3y of vehicles outdoors shall be limited to 45 vehicles per acre of property.1 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 Green Bold Underlined text added to address a County Attorney request for clarification on what specific vehicles would fall into this specific provision. The concern is the Ordinance provide specific reference to those vehicles that can be stored on-site only with the development of screening. 6 Green Bold Underlined text added to address a request made at the November 23,2015 Quarterly Public Hearing for clarification purposes. ' 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. 8 Green Bold Underlined text added to address a request made at the November 23,2015 Quarterly Public Hearing for clarification purposes. 9 This language 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. 10 Green Bold Underlined text added to address a request made at the November 23,2015 Quarterly Public Hearing to increase the number of vehicles that can be displayed at property zoned NC-2, EC-5,and El. 11 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. 12 This includes the GC-4, I-1, 1-2, 1-3,and the Buckhorn and Eno Economic Development districts. 13 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