Notice of Zoning Violation

Transcription

1 PLANNING DEPARTMENT Notice of Zoning Violation October 25, 2016 Highcroft Commons, LLC VIA CERTIFIED MAIL Charles Abed, General Manager Certified Mail # Crisp Drive Return Receipt Requested Raleigh, NC and Jihad L. Libbus VIA CERTIFIED MAIL 5016 Commons Hill Drive Certified Mail # Cary, NC Return Receipt Requested and Libbus Enterprises Properties LLC VIA CERTIFIED MAIL Charles Abed, Manager Certified Mail # Crisp Drive Return Receipt Requested Raleigh, NC and Libbus Enterprises Corp VIA CERTIFIED MAIL Jihad Libbus, Registered Agent Certified Mail # Highcroft Drive Return Receipt Requested Cary, NC RE: NOTICE OF SITE PLAN VIOLATION, ACCESSORY USE VIOLATION AND UNAUTHORIZED USE OF PROPERTY WITH GENERAL COMMERICAL ZONING Highcroft Commons, 5016 Commons Hill Drive, Cary, NC (Case #16-ZV-013) (Real ID # ) Dear Property Owner and Managers, In response to a citizen complaint and recent staff observations in August, 2016, Town staff visited the above referenced site to determine whether a violation of the Town of Cary Land Development Ordinance (LDO) was occurring regarding a UHAUL business that was supposedly being run from this location. Your site is zoned General Commercial (GC), and such a use would not be supported in this zoning district without a Special Use Permit granted from Town Council. No such permit has been approved for the site that would allow such usage for Motor Vehicle Sales and Rental. Based on Town staff s site visit, it was confirmed that a TOWN Of CARY 316 North Academy Street Cary, NC PO Box 8005 Cary, NC tel fax

2 UHAUL business is indeed being operated at this location in violation of the LDO. Approximately fifteen (15) rental vehicles and trailers were parked at this location at the time of staff s site visit in early August. During the investigation of the U-Haul business, Town Staff noticed other potential violations of the Town s LDO also occurring on the property. These violations include parking a food truck without a permit, boat parking and/or storage, shipping container storage and window signage. While reviewing the approved site plan for this location, staff also observed inconsistencies regarding parking and the amount of permitted impervious surface on the site. Town staff met with Mr. Libbus at the property (a.k.a. Dolphin Convenience Store) and advised him of the violations on August 11, Mr. Libbus requested a meeting at Town Hall to further discuss these issues and other concerns. In response to his request, Town staff met with Mr. Libbus at Town Hall on August 19, Mr. Libbus was then advised on September 8, 2016, both verbally and via , of the corrective actions that needed to be taken to correct each of the identified violations. It was noted at this time that the concern regarding window signage had already been corrected. Mr. Libbus was advised that a Notice of Violation would be forthcoming to document the situation. Mr. Libbus subsequently requested a second meeting with Town staff to discuss these concerns. This meeting was held at Town Hall on September 19, At this meeting, Mr. Libbus requested that staff grant a variance to the LDO s storage requirements, and was advised that Town staff is unable to provide the requested relief from the LDO. He was also informed at this time of his right of appeal the staff s interpretation of the Ordinance to the Zoning Board of Adjustment. In summary, Town staff has determined that the following violations are being maintained at this location and corrective actions must be resolved according to the schedule provided below: CHAPTER 5 Violation #1 Violation #2 USE REGULATIONS UNPERMITTED UHAUL BUSINESS IN GENERAL COMMERCIAL (GC) ZONING DISTRICT - SECTION COMMERCIAL USES (Q) MOTOR VEHICLE SALES/RENTAL PROHIBITED USE OF SHIPPING CONTAINER FOR STORAGE IN EXCESS OF 48 HOURS - SECTION (A) (2) ACCESSORY USES PROHIBITED Violation #3 PROHIBITED OUTDOOR STORAGE AS AN ACCESSORY USE - SECTION (E) (1) (2) (3) (4) OUTDOOR STORAGE AS AN ACCESSORY USE CHAPTER 11 Violation #4 ENFORCEMENT UNAUTHORIZED INCREASE IN IMPERVIOUS SURFACE RATIO (ISR) - SECTION ACTIVITIES INCONSISTENT WITH CONDITIONS OF PLAN APPROVAL OR PERMIT

3 CORRECTIVE ACTIONS REQUIRED: Corrective actions are required to be taken by December 1, 2016, as follows: Violation #1 Violation #2 Violation #3 Violation #4 Discontinue the UHAUL operations at this location and remove all associated vehicles, trailers and signage. Remove the shipping container from the property. Remove all outdoor storage of goods and vehicles (boats and trucks) or apply for and meet the conditions of approval for outdoor storage as an accessory use on the property. Remove the outdoor seating area and canopy not shown on the approved site plan or submit a development application with engineering calculations documenting that the stormwater facility is appropriately sized to accommodate the increase in impervious surface, and thus amend the site plan to include this feature. Failure to take corrective actions for each item and bring the property into compliance by the above deadline will result in further enforcement actions, including the issuance of civil penalties according to the following penalty schedule set forth in Section (A) of the LDO: (1) $100 for the first day of violation; and (2) $200 for the second day of violation; and (3) $300 for the third day of violation; and (4) $400 for each day thereafter that the violation continues. In accordance with the provisions of LDO Chapter 11 Section and Chapter 3 Section 3.21, an appeal from or review of any enforcement decision pursuant to this Ordinance shall be made to the Zoning Board of Adjustment (ZBOA) within thirty (30) calendar days from receipt of this Notice of Violation. The appeal shall state with particularity the matter or question appealed and the grounds for the appeal. From the decision of the ZBOA, recourse may be had to the courts as provided by law. If you choose to appeal, you must timely submit an appeal application with the $ fee to the Town Clerk. The Town of Cary appreciates your cooperation in this matter. Please feel free to contact me at (919) or ann.reishus@townofcary.org with any questions or concerns. Sincerely, Ann Reishus Development Compliance Officer Enclosures: Photo of Violations Site Plan 05-SP-093 LDO Excerpts

4 Photos of Violations

5 Approved Site Plan (revised)

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7 LAND DEVELOPMENT ORDINANCE EXCERPTS 5.2 USE-SPECIFIC STANDARDS Commercial Uses (Q) Motor Vehicle Sales/Rental (1) In the GC district and the Mixed Use Center Overlay, motor vehicle rental shall be permitted by right based upon the following conditions: (a) The rental office is located within a tenant space in a general shopping center use; (b) The portion of the parking lot utilized by rental vehicles consists of no more than ten (10) spaces per one thousand (1,000) square feet of heated leasable space for the auto rental use or as determined by private contract with the property management, whichever is less; (c) The vehicles available for rent shall be limited to passenger vehicles; and (d) No signage may be displayed on vehicles. (2) In the GC district and the Mixed Use Center Overlay, such uses shall be permitted as Special Uses based upon the following conditions: (a) The use is proposed or was established or enlarged after March 22, 2001; (b) The vehicles sales lot is separated from any other business use by at least a thirty (30) foot Type A perimeter buffer; and (c) A permanent sales office is located on the site of the auto sales or rental use Accessory Uses Prohibited (A) Prohibited in All Zoning Districts The following activities shall not be regarded as accessory to a principal use on any site and are prohibited in all zoning districts: (2) Use of Motor Vehicle or Trailer for Sales, Service, Storage, or Other Business The use of any motor vehicle, or trailer or shipping container, as a structure in which, out of which, or from which any goods are sold or stored, any services performed, or other businesses conducted. However, this subsection shall not prohibit the following: (a) The retail sale of agricultural products, as allowed by Section 5.4.6(D) of this Ordinance; or (b) Use of a motor vehicle, trailer, or shipping container in connection with an approved recycling operation; or (c) Use of a trailer or shipping container in conjunction with construction authorized by a valid building permit; or (d) Use of a trailer or shipping container for the temporary loading and unloading of goods not intended for retail sale, provided that no individual trailer or container is in place longer than forty-eight (48) hours; or (e) The operation of a food truck as allowed by Section 5.3.4(P) of this Ordinance.

8 USE REGULATIONS (E) Outdoor Storage as an Accessory Use Outdoor storage may be allowed as an accessory use for all uses requiring site plan approval. The storage area shall meet all of the following requirements: (1) Each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure. (2) Goods stored in an approved outdoor storage area shall be limited to those sold on the premises as part of an associated, additional primary use. (3) Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six (6) and eight (8) feet in height that incorporates at least one (1) of the predominant materials and one (1) of the predominant colors used in the primary structure. The fence may exceed eight (8) feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall must be landscaped with a seven (7)-foot wide strip containing a minimum of one (1) tree for every one hundred fifty (150) square feet of lot area. (4) A landscaped earth berm may be used instead of or in combination with a required fence or wall SPECIFIC VIOLATIONS Activities Inconsistent with Conditions of Plan Approval or Permit It shall be a violation of this Ordinance to engage in any development, use of land, construction, remodeling, or other activity contrary to the terms and conditions of any plan approval, permit, or other form of authorization required to engage in such an activity.