LAND DEVELOPMENT ORDINANCE - TEXT AMENDMENTS – Round 13

Item # 13K MISCELLANEOUS USE-RELATED CHANGES

Town Council Meeting – January 14, 2010

PROCESS AND ACTIONS TO DATE

Town Council Public Hearing

The Town Council public hearing on items 13K-1 and 13K-2 (described below) was held on October 22, 2009. There were no comments or discussion on these items at the public hearing.

Planning & Zoning Board Work Session

The proposed amendments were presented at the Planning and Zoning Board work session on November 9, 2009. Staff pointed out that an e-mail had been received expressing support for allowing colleges and trade schools by right in the GC and OI districts. One board member asked about the history of why a special use permit is currently required. Staff explained that there had been concerns in the past about impacts of these uses on adjacent residential properties. The use-specific standard for a 400-foot separation from residential use is included in the proposed amendment to ensure the concern will continue to be addressed.

Changes Since the Planning and Zoning Board Work Session

None

Staff Recommendation

Planning and Zoning Board Meeting and Recommendation

On December 21, 2009, the Planning and Zoning Board recommended approval of the proposed amendments by a vote of 7-0.

Background Over the past two years, requests have come in to allow the sales of moped and scooters within zoning districts which permit retail sales. Under the current ordinance, mopeds/scooters are classified as motor vehicles. The LDO permits “Auto sales” only in the ORD and I zoning districts and the COM, OFC/IND sub-districts of the Town Center. “Auto sales” are permitted by Special Use in the GC, NC, RC, and CC overlay districts as well as the CLI, HMXD and MXD sub-districts of the Town Center. Since mopeds and scooters are sold more similar to bicycles than cars (i.e. no test drive, come in crates, show-room purchase only, no gas or service performed on-site), staff supports amending the LDO to use the state definition of Motor Vehicles (which excludes mopeds) and amending the language in the Use Table, which would allow mopeds to be sold where retail sales are permitted in Cary.

Proposed Text

TABLE 5.1-2: TABLE OF TOWN CENTER (TC) DISTRICT USES

12.3.4 Use Classifications – Commercial Uses

(L) Retail Sales and Service

Retail Sales firms are involved in the sale, lease or rent of new or used products to the general public. No outdoor display is permitted unless specifically authorized by this ordinance. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale. Specific use types include, but are not limited to…..

(13) Moped Sales/Rental

A business establishment offering the sale and/or rental of mopeds as defined by G.S. 105-164.3.

Definition per G.S. 105-164.3 : A vehicle that has two or three wheels, no external shifting device, and a motor that does not exceed 50 cubic centimeters piston displacement and can not propel the vehicle at a speed greater than 30 miles per hour on a level surface. Mopeds meeting these specifications do not require registration or inspection by the Department of Motor Vehicles (DVM), nor do they require liability insurance.

(M) Vehicles and Equipment

Vehicle and Equipment facilities include a broad range of uses for the sale, rental, and/or maintenance of motor vehicles and related equipment. Large parking areas and outdoor storage areas may include incidental repair and storage, offices, and sales of parts and/or tires. Specific use types include:

(1) Auto Motor Vehicle Sales/Rental

The storage, display, sale, lease or rental of motor vehicles as defined by G.S. 20-4.01, including automobiles, vans, and light trucks. Such businesses may also include sales and/or rental of mopeds. This shall not include salvage operation or scrap operations.

Definition per G.S. 20-4.01: Every vehicle which is self‑propelled and every vehicle designed to run upon the highways which is pulled by a self‑propelled vehicle. This shall not include mopeds as defined in G.S. 20‑4.01(27)d1.

5.2.3 Use Specific Standards – Commercial Uses

(Q) Auto Motor Vehicle Sales/Rental…

Background The proposed amendment would allow colleges that do not include facilities such as athletic fields, gymnasiums, auditoriums, and residence halls by right instead of as a special use in the OI and GC districts, provided that the site is not within 400 feet of a residential use or zoning district. Similarly, trade schools would be allowed by right in the OI and GC districts provided that the existing use-specific standards applicable to trade schools are met and the site is not within 400 feet of a residential use or zoning district. The proposed amendment updates the LDO to accommodate small educational facilities that offer a degree or certification programs outside of a traditional campus setting.

Proposed Text

CHAPTER 5 – Use Regulations

Table 5.1-1 General Use Districts (Except TC and CT)

5.2 Use Specific Standards

5.2.2 Public/Institutional uses

(R) [Reserved] College

(1) Special Use Permit approval (see Section 3.8) shall be required for colleges within the OI and GC districts if:

(a) the campus includes athletic fields, gymnasiums, auditoriums or residential use, including dormitories; or

(b) The property is located within 400 feet of a residential use or zoning district.

(S) Trade School

(1) Trade schools may be permitted a special use within the OI and GC districts in accordance with the following provisions: shall comply with the following standards:

(1) All activities shall be performed inside a building;

(2) No outdoor storage shall be associated with the use; and

(3) The trade school is not related to metal fabrication, automotive repair, or other industrial activities.

(2) Special Use Permit approval (see Section 3.8) shall be required for trade schools within the OI and GC districts if the property is located within 400 feet of a residential use or zoning district.

12.3.3 Use Classifications – Public and Institutional Uses

(I)(1) College or University

A degree-granting institution, other than a trade school, which provides education beyond the high-school level, and which may provide lodging or dwelling units for students or faculty, and typically has programs resulting in an Associate's, Bachelor's, or Master's degree. It includes classroom buildings as well as In addition to classroom buildings, it may include offices, laboratories, lecture halls, athletic facilities, dormitories, and similar buildings

12.3.4 Use Classifications – Commercial Uses

(L)(12) Trade School

A school, other than a college, which provides specialized training and education beyond the high school level, principally in the business, commercial, or vocational arts, and does not provide lodging or dwelling units for students or faculty, and has programs which typically result in the awarding of a certificate.