Agenda Item Summary:
Consideration of a request by Mr. James Eaton to amend the Unified Development Ordinance to establish a new use type titled “Warehouse Storage and Distribution, Limited Access” in the Light Industrial (LI) and Heavy Industrial (HI) zoning districts, along with associated use-specific standards.
Staff Presentation:
Mr. Litteral, representing Planning Staff, presented the proposed text amendment. He outlined that the current UDO permits “storage and distribution” as a use by right in both LI and HI zoning districts. However, the existing standards allow for large-scale operations, including unlimited building size and use of tractor-trailers, subject to a 500-foot setback from residential zoning districts, schools, and child care centers. Mr. Litteral said the proposed amendment seeks to establish a less intensive storage and distribution use, with limitations intended to allow proximity to residential development without causing significant adverse impacts. The new use type, “Warehouse Storage and Distribution, Limited Access,” would be subject to the following use-specific standards (to be codified in Section 4.2.5.B.7 of the UDO):
- Delivery and pickup limited to straight trucks only (e.g., box trucks and pickup trucks).
- Use of tractor-trailers and semi-trucks prohibited.
- Maximum of 20 trips per day (defined as 20 one-way trips, or 10 round trips).
- Maximum total floor area of 10,000 square feet across all associated buildings.
- On-site manufacturing and hazardous material storage prohibited.
- Parking standards to be reviewed by staff with flexibility, including the potential requirement for a Traffic Impact Study.
Discussion Highlights:
Board members discussed the intent and implications of the proposed amendment, including:
- Setbacks and Buffers: The new use would not require the 500-foot separation from residential zoning. However, standard zoning district buffers (e.g., Type D) would still apply between industrial and residential zones. Type D buffers are 25 feet wide with specified vegetative density or 10 feet wide if combined with a 6-foot opaque fence.
- Building Height: LI zoning allows a maximum building height of 35 feet; HI zoning permits up to 65 feet. Members considered whether a height restriction specific to the new use might be appropriate, particularly for HI lots adjacent to residential areas.
- Zoning Map Review: Ms. Turner presented the distribution of LI and HI zones in the county, noting their limited proximity to residential districts.
Applicant Presentation:
Mr. James Eaton (138 Oyster Bend Lane, Southern Shores), owner of Just for the Beach Rentals, presented his request to establish a limited-scale warehouse storage use. The proposed facility would be used primarily for off-season storage of beach equipment such as bikes, kayaks, umbrellas, and cribs, with limited in-season vehicle movement for maintenance and item delivery.
- Proposed building: approx. 6,000 sq. ft., well under the proposed 10,000 sq. ft. maximum.
- No use of forklifts or palletized storage; staff will manually handle items.
- Operations involve straight trucks only, no tractor-trailers.
- Office space for 2–3 staff members is planned.
- Site has been cleared of approx. 200 tons of tires and debris from previous use.
- The applicant is supportive of height and operational restrictions proposed in the ordinance.
Board Discussion Concerning Applicant's Presentation:
Setback & Buffer Requirements:
- The 500-ft residential setback in current code is not feasible on the applicant’s site.
- Board discussed adding a height restriction to better align with light industrial (35 ft max).
- It was clarified that a Type D buffer (vegetation or fencing) would be required even across a right-of-way.
- Suggestion was made to measure distance from the nearest residential dwelling instead of zoning boundary for future clarity.
Use Intent & Compatibility:
- The board agreed the proposed use is low-impact, non-noisy, and not comparable to high-volume distribution centers.
- Discussion acknowledged that the proposed amendment would apply countywide in all LI and HI districts.
- Concerns were raised about future development near such uses and ensuring compatibility with existing or future residences.
Trip Limitations & Vehicle Types:
- Reinforced that use would be limited to 20 one-way trips/day and straight trucks only, which limits the potential scale and intensity of operations.
Motion:
Ms. Krause motioned to conditional conditionally approve PB 25-11 James Eaton text amendment with the following conditions: The use shall not be located within 100 ft of a residential dwelling unit and buildings associated with the use in the Heavy Industrial District shall not exceed 35 ft in height because the request is consistent with the goals objectives and policies of imagine Currituck 2040 Vision Plan and the UDO, including Land Use Goals 1 and 3, Land Use Policy 2.2 and Economic Development Goal 1.
Vice Chairman Owens seconded the motion, and the motion carried unanimously 7-0.
Applicant's Next Steps:
Ms. Turner informed Mr. Eaton his text amendment will likely be scheduled for the July 7th Board of Commissioners' meeting.