Rezoning battle on repeat

The most recent Orange County Planning Commission public hearing on a proposed overflow parking lot for Unionville’s Village Motorsports seemed like a repeat performance. Despite a list of proffers made by the business’ owner George Carter, neighbors of the feed store turned motorcycle shop continue to object to a proposed rezoning for the 2.87-acre parcel. And the commission agreed, voting unanimously to recommend the board of supervisors reject the proposed rezoning from residential to commercial, just as they did last summer. The list of proffers, though, stands out as the major difference between the current rezoning attempt and the one the Carters applied for last year, and the commissioners were not as quick to make a determination on the, voting to table the proffers.

There is very little difference in the rezoning application the planning commission considered Thursday night and the one the county denied last summer. Carter and Village Motorsports are seeking a commercial zoning for the back, residentially-zoned lot, which fronts Village Road. Former planning director Debbie Kendall informed Carter that his use of the lot for overflow parking during annual sales events was not a compatible use, and that he would need to rezone accordingly to continue using the parcel for parking.

Thursday’s public hearing consisted of two requests from Village Motorsports—a rezoning and a proffer modification. Clark Leming, Carter’s attorney, asked the commissioners to consider the request separately, rather than intertwined.

“We have two separate proposals, the rezoning and the proffer modification,” said Leming. “We see them as two ways to achieve the same thing. If you approve one, the other becomes unnecessary, and vice versa. Our preference is to go the proffer route.”

The most significant proffers submitted by Carter stipulate the parcel can only be used for up to four annual sales events and imposes daily quiet hours from 9 p.m. to 6 a.m. Carter would also submit a site plan as a proffer to the county by July 31.

District 5 Commissioner and commission chairman Nigel Goodwin told Leming that he was under the impression the proposals were connected.

“I was not aware this was an either/or situation,” said Goodwin, before opening up the public hearing.

The overwhelming majority of the hearing’s speakers were opposed to both of Carter’s proposals, with many speakers residing near Village Motorsports. Most complaints centered on the possible precedent the rezoning would set.

“I ask the planning commission to not consider amending the existing proffers, which would allow commercial activity in a residential area,” said Barbara Parks. “At that point we might as well not have zoning.”

Others pointed to what they characterized as a history of unfulfilled proffers on behalf of Village Motorsports, pointing specifically to a required vegetative buffer that was allowed to die and then was not replaced.

“Village Motorsports hasn’t kept their promise in the past and we have no reassurance they’ll keep it in the future,” said Joanna Davies, who also suggested county approval of the proposals would constitute a precedent of spot-zoning.

Former District 3 Commissioner Steve Satterfield said the issue highlighted the importance of zoning.

“This indicated why we have zoning in the first place,” said Satterfield, who said that a rezoning would create an incompatible use. “The proffers aren’t enough to mitigate the impact on the area. I ask commission to think of the neighbors, they’re innocent here and should be considered.

Lucretia Wolfcale, sales manager for Village Motorsports was the one speaker in favor of the business’ plans and pointed to the usefulness of proffers in this situation and that Carter is making a good-faith effort to address the concerns of the neighborhood.

“This why proffers are in place, they’re voluntary concessions,” said Wolfcale. “They’re an attempt to eliminate discrepancies that might exist. “

Some of the neighbors of Village Motorsports retained V.R. Shackelford to represent their concerns in the matter. In addition to restating many of the points some of the speakers took issue with, Shackelford said matter such as this could be avoided by strictly adhering to zoning laws.

“If you follow the wording of your ordinances and you follow good practices, then you’re in good shape,” he said.

After the public hearing, District 3 Commissioner Donald Brooks brought those comments up again and said Orange County has created this conflict.

“Orange County has a poor history of following good practices,” said Brooks. “Orange County allowed the business to evolve into what it evolved into. They didn’t do anything we didn’t allow. Orange County is going to have to pick it up in terms of good practices.”

The planning commission voted unanimously to table action on the proffers until March 15, but directed planning director Gregg Zody to look into each proffer and form recommendations.