REVIEW: At their December 14^th meeting, Town Council asked staff to prepare an ordinance amendment regarding vehicle sales & rental in the B-2 zoning district. The Council, as well as several Cary citizens, are concerned about the potentially negative impacts that auto dealerships can have on nearby residential communities. The B-2 district currently allows vehicle sales & rental as a permitted use, provided the following three conditions are met:

(1) The vehicle sales lot is separated from any other business use by at least a Class 1 buffer;

(2) Only one curb cut is allowed for every 300 feet of frontage between the vehicle sales and/or rental use and any other use(s);

1. A permanent sales office is located on the site of vehicle sales or rental lot or use.

The following is a summary of how other jurisdictions treat auto dealerships in their general commercial district:

City of Durham: Allowed as permitted use.

City of Raleigh: Allowed as permitted use.

Town of Apex: Allowed as permitted use.

Town of Chapel Hill: Allowed as permitted use, but requires a special use permit if floor area will be greater than 20,000 square feet or will be disturbing more than 40,000 square feet of land.

Town of Morrisville: Allowed as permitted use.

Most zoning ordinances consider auto dealerships a commercial use. Economically, most dealerships want to locate within commercial zones since they are usually located on major roadways with high visibility.

On January 25^th, 2001, Town Council directed staff to pursue draft ordinance language that would require a Major Special Use for new auto dealerships and for expansions of existing dealerships. Staff recommends that existing dealerships be considered as permitted uses provided there is no expansion beyond the existing boundaries of the site (as shown on the most recently approved site plan). This would allow existing dealerships to add new buildings, expand existing buildings and make other general improvements to the site provided such improvements do not extend beyond the present boundaries of the property. Any expansions beyond the boundaries as shown on the most current site plan would require Major Special Use approval.

The Major Special Use will allow the Council to evaluate each auto dealership on a case-by-case basis. The Major Special Use would be considered in light of the auto dealership’s impact on property values, traffic, the environment and the extent to which it conforms to the Comprehensive Plan and blends with the character of surrounding neighborhoods. The Council can also attach conditions to the Major Special Use to address issues surrounding buffering, landscaping, access, lighting, operating hours and the bulk/location of structures, to name a few. Since a public hearing would be required, adjoining property owners would be allowed to comment on the proposed use.

The proposed ordinance amendment is below.

AMENDMENT TO THE BUSINESS-2 ZONING DISTRICT TO CLASSIFY NEW VEHICLE SALES & RENTAL LOTS AS MAJOR SPECIAL USES

Amend Appendix A Chapter 8 B-2 Commercial District, Section 8.14.2 "Permitted Uses" of the Cary Code of Ordinances to amend the following:

(l) Vehicle sales and rental, provided that all of the following conditions are met:

(1) The vehicle sales or rental lot or use existed prior to [insert effective date of ordinance amendment here]. Any proposed improvements shall not extend beyond the property boundaries as shown on the approved site plan, provided such plan was approved prior to [insert effective date of ordinance amendment here].

(2) The vehicle sales lot is separated from any other business use by at least a Class 1 30 foot Type A buffer;

(2) Only one curb cut is allowed for every 300 feet of frontage between the vehicle sales and/or rental use and any other use(s).

(3) A permanent sales office is located on the site of vehicle sales or rental lot or use.

Amend Appendix A Chapter 8 B-2 Commercial District; Section 8.14.4 "Major Special Uses" of the Cary Code of Ordinances to add the following: