MEETING TYPE: Board of Commissioners - Regular. MEETING DATE: 25 Apr STAFF RESPONSIBLE: Maxx Oliver. DEPARTMENT: Planning & Zoning Division

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1 MEETING TYPE: Board of Commissioners - Regular MEETING DATE: 25 Apr 2017 STAFF RESPONSIBLE: Maxx Oliver DEPARTMENT: Planning & Zoning Division DESCRIPTION Action on Vehicle Storage Text Amendment Petition TA Petition Information: Request by Steven L. Bell to amend Section 11.1 Table of Uses and Section 8.2 Definitions of the Unified Development Ordinance (UDO) by adding Residential Overage Parking Use and definition. Financial Impact: N/A Action Requested: Staff recommends this request be denied with the following motion: 1. To deny Petition TA To approve that the text amendment request is not consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw is not reasonable and in the public interest as it will allow for an outdoor storage type use on any C-1 Neighborhood Commercial and R-3 Single-Family Residential zoned properties in Waxhaw which is contrary to the purposes of the districts as described in the UDO. Presenter: Maxx Oliver, GIS Planner

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3 Petition TA is a request by Steven L. Bell to amend Section 11.1 Table of Uses and Section 8.2 Definitions of the Unified Development Ordinance (UDO) by adding a Residential Overage Parking Use and definition.

4 The applicant is requesting to add new use to the Sec Table of Uses Titled: Residential Overage Parking The request is to allow the use by-right in the C-1 and R-3 Districts The applicant is proposing a definition to go along with the use. Residential Overage Parking An establishment that permits the storage of vehicles not allowed by subdivision HOA s to park within neighborhood boundaries. Such boats, campers, utility trailers, RVs, and other passenger vehicles that do not meet the definition of commercial vehicles contained in this ordinance.

5 Staff determined that the requested use most closely matched the current definition of Outside Storage: Outside Storage - The storage of any material for a period greater than 48 hours, including items for sale, lease, processing and repair (excluding vehicles for sale) outside the principal or accessory buildings on a property. Storage of construction materials on an active job site may not be defined as outside storage. Outside Storage is not a use listed as a stand alone use in the Table of Uses. A condensed Table of Uses that includes only those uses that allow outside storage is included in the packet. Outside storage uses are currently only allowed in I-1, I-2, C-3, or C-4.

6 Since outside storage is not a stand alone use in the Table of Uses. Staff researched the applicant proposed use and determined that the closest existing use would be Commercial Vehicle Storage and/or Operations Center as listed in the Table of Uses of the UDO. Although the use is listed, there is not a definition for the Commercial Vehicle Storage and/or Operations Center use in the UDO. Staff based their determination on the definition of Commercial Vehicle as follows: Vehicle, Commercial A truck of any type used or maintained primarily to transport material or to operate a power attachment or tool. Any vehicle with advertising or business designation affixed to it shall be considered a commercial vehicle, except for passenger vehicles having such affixations.

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8 The applicant s text amendment would allow the storage of RVs in a residential district. Section 9.14 Parking of Commercial Vehicles and Recreational Vehicles of the UDO set standards for these vehicles in residential districts. Allow parking of Commercial and recreation Vehicles on residential lots greater than two acres.

9 Section 4 Primary Districts Established of the UDO contains description of all zoning districts in Waxhaw. The C-1 neighborhood Commercial district prohibits outdoor overnight storage visible from any public street. The R-3 Single-Family Residential district states that the principal structure in the zoning district is the single-family detached dwelling.

10 Staff does not support TA Currently, uses with associated outdoor storage are only allowed in Industrial and Commercial districts. All require supplemental regulations. Staff research of other communities in the area show that is standard practice to only allow outside storage in commercial and industrial zoning districts. No other researched jurisdictions allow the proposed type of use in a residential zoning district. The proposed use is not in keeping with the zoning designation descriptions in Section 4 of the UDO.

11 At their Monday, March 20, 2017 regular meeting, the Planning Board voted unanimously, five to zero (5-0) to send an unfavorable recommendation to the Board of Commissioners on TA

12 A motion to approve petition TA as presented. Or A motion to deny petition TA as presented. Reasonableness and Consistency Statement: The text amendment request is not consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw is not reasonable and in the public interest as it will allow for an outdoor storage type use on any C-1 Neighborhood Commercial and R-3 Single-Family Residential zoned properties in Waxhaw which is contrary to the purposes of the districts as described in the UDO. Or Reasonableness and Consistency Statement: The text amendment request is consistent with the Comprehensive Plan and future planning goals of the Town of Waxhaw is reasonable and in the public interest as it (state reasoning)