Minutes - 19841126 - Laserfiche WebLink

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4 3 ~ ~- 5 reflects the designation of the zrea as Commercial-Industrial Transition activity node in the West Orange Area Plan amendment to the adopted Orange County Land Use Plan. Chair Willhoit inquired why staff felt the GC-~ designation seas appropriate. Collins responded that this type of use fits. best in this district given the types of uses permitted in a GC-4 district. He cited the use's location at a major interchange and along an industrial corridor. Chair Willhoit inquired why only a portion of the property was designated by staff. Collins responded that it is not the policy of the County to prezone property and that a decision to include the whole property would require a zoning plan for the entire area. He noted that a less inclusive xone could be considered. Commissioner tahitted asked if staff was equating the flea market to retail sales. Collins responded yes. He questioned this saying that retail sales traditionally occur within enclosed structures. Collins responded that that may be traditional. but that it is not specified in the ordinance, citing the example of a plant nursery. Chair t~iillhoit asked about an accessory use designation for the latter. Collins responded that it is not an accessory use as it is a retail operation. Commissioner Whitted asked if the flea market is synonymous with retail sales. Collins responded yes, where goods are sold on a retail level it is appropriate to consider it as a permitted use under .that zoning designation. Whitted felt the Zoning Ordinance should speak more specifically to the flea market as opposed to an enclosed structure. Collins _ agreed that the Ordinance would be strengthened with more specific categories, otherwise interpretation must be made as to what fits in what categories. Commissioner Marshall expressed concern with the appropriateness in the GC-4 district than elsewhere for this use. Whitted concurred adding that he would prefer that the Ordinance proscribe the manner of development of a flea market in that same way as extractive uses are proscribed. Gordon inquired if the use were not allowed here under a specific zoning designation which permits it, then how would it be designated. Collins responded that it would be considered a non-conforming use until the Zoning Ordinance was amended to recognize it in some fashion. Commissioner Lloyd inquired about the status of the use. Collins described the history of the issuance of building permits, construction of the structure and conduction of sales on the property. Charles Johnson suggested that the Board recognize the difference between the flea market and a yard sale. The presentation was made by Planning Director Marvin Collins. The applicant desires that the Zoning Atlas for Cheeks Township show this parcel as Light Industrial as opposed to Residential-1 zoning district.. A building permit was issued for the use of the tract after the November, 1983 public hearing on the extension of zoning to Cheeks Township and prior to the decision to zone Cheeks Township made by the Board of Commissioners in October 1984. The property was not listed among the parcels in Cheeks Township to be zoned non-residential as it was not used for a commercial use at the time of the public hearing.