HomeMy WebLinkAboutAgenda - 08-26-1996 - C2b 041
ORANGECOUNTY
BOARD OF COMNIISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: August 26, 1996
Action Agenda
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT Item# C 2b
Article 8.8.14 Special Uses-Temporary Events(NEW)
Article 4.3 Permitted Use Table
Article 6.16.17 Additional Requirements for Certain Permitted Uses
(Temporary Events)
Article 22 Definitions
DEPARTMENT: PLANNING PUBLIC HEARING_X_Yes No
BUDGET AMENDMENT REQUIRED Yes_X—No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Amendment Mary Willis
Extension 2583
TELEPHONE NUMBERS:
Hillsborough-732-8181
Durham -688-7331
Mebane -227-2031
Chapel Hill-967-9251
PURPOSE: To consider a citizen request to create a new use category called "Temporary
Events" which would be allowed in residential districts with approval of a
Special Use Permit.
BACKGROUND: The proposed amendment creates a commercial/service use category called
"Temporary Events". Examples of this kind of use are commercial craft
shows, carnivals, festivals, concerts, medical or veterinary clinics, and
outdoor social events hosted by a business such as a restaurant or caterer.
Temporary events such as those described above would not be considered a
principal use when they take place at a site normally associated with the
activity. For example, a festival held at a park, a reception or picnic held on
church grounds, or a veterinary clinic conducted outside an animal hospital,
would be considered accessory uses to the principal use on the site and
would not require approval of a Special Use Permit.
Patricia and Paul Tripodi, owners of Tripodi's catering have paid
application fees to have the proposed amendment presented for public
hearing. In the case of the applicant, the amendment would allow the
on-site hosting of wedding receptions and other events in connection
with the existing catering business operated from the applicants' home.
RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's
recommendation be presented to the Planning Board within 30 days
of receipt of an application. However, Article 20.4 exempts any
application for amendments to the Zoning Ordinance by either the
public or the County from the provisions of Article 20.3. In either .
case, though, the public hearing is the time scheduled for
presentation of the Zoning Officer's Recommendation.
Zoning Officer Recommendation
Provided that the Planning Board and Board of Commissioners find
in the affirmative, the Zoning Officer recommends approval of the
proposed text amendment if revised to adequately address issues
raised during the public hearing process.
Administration Recommenda an
The Administration recommends that the proposed amendment be
referred to the Planning Board for a recommendation to be returned
to the Board of Commissioners no sooner than October 1, 1996.
043
PROPOSED ORDINANCE AMENDMENT
REFERENCES ZONING ORDINANCE
Article 8.8.14 Special Uses-Temporary Events(NEW)
Article 4.3 Permitted Use Table
Article 6.16.17 Additional Requirements for Certain Permitted Uses
(Temporary Events)
Article 22 Definitions
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC _� Public
Other: r
EXPECTED PUBLIC HEARING DATE: August 26, 1996
This item is a request by Patricia and Paul Tripodi, owners of Dipodi's catering, to consider
an amendment to the Zoning Ordinance to create a new Use category called "Temporary
Outdoor Events". In the case of the applicant, the amendment would allow the on-site hosting
of wedding receptions and other events in connection with the existing catering business
operated from the applicants'home.
The amendment was originally proposed by the Planning Staff to be presented for public
hearing on February 28, 1996. There were concerns raised by the Planning Board and Board
of Commissioners as to how such events would be defined, to assure that events such as horse
shows, and church and civic events would not become subject to Special Use Permit approval.
Due to the concerns raised, the Board of Commissioners did not include the item on the
February public hearing agenda.
The Tripodi's have paid applicable fees and requested that the amendment be presented at the
August public hearing. The request did not include any suggested changes to address the
concerns which had been previously raised, and thus the text below is the same as that which
was originally proposed. Those issues will need to be addressed through the public hearing
process.
The Ordinance Review Committee reviewed the proposal on July 3, and suggested addressing
some of the concerns explicitly excluding: events which did not meet a specified threshold of
people present at any given time during the event; events of a personal nature, (such as family
reunions or large parties); and events of an institutional non profit nature (such as church or
civic activities) would not be included.
044
PURPOSE OF AMENDMENT:
To create a new commercial land use category to allow temporary commercial events such as craft
shows, carnivals, festivals, concerts, etc. that do not typically involve permanent structures and do
not exceed seven(7)days in a thirty(30)-day period or fifty(50)days per year. .
IMPACTSASSUES:
Currently there are no provisions in the Zoning Ordinance for temporary uses other than yard sales
and fund raising activities which are permitted in all residential districts for a maximum of two (2)
days per month. Temporary use of a mobile home for custodial care and temporary/portable
buildings are permitted in some districts through a Class B Special Use Permit.
The proposed amendment creates a commercial/service use category called "Temporary Events".
Examples of this kind of use are craft shows, carnivals, festivals, concerts, medical or veterinary ,
clinics,and outdoor social events hosted by a business such as a restaurant or caterer.
Temporary events such as those described above would not be considered a principal use when it
takes place at a site normally associated with the activity. For example, a festival held at a park, a
reception or picnic held on church grounds, or a veterinary clinic conducted outside an animal
hospital would be considered accessory uses to the principal use on the site.
Application in Commercial Districts
The proposal would allow temporary events for less than 300 people in commercial districts as a
principal use,or in conjunction with a permanent principal use,with site plan approval and a zoning
compliance permit. Prior to approving the site plan or issuing a zoning compliance permit for any
event, the proposed activity would be reviewed in accordance with the specific criteria of Article
6.16.17(Additional Requirements for Certain Permitted Uses-Temporary Events).
Events expected to attract 300 people or more would require approval of a Class A Special Use
Permit by the Board of Commissioners.
Application in Residential Districts
In residential districts temporary events for less than 300 people would require a Class B Special
Use Permit. Events planned for 300 people or more would require a Class A Special Use Permit.
A new Article 8.8.14 is proposed in order to specify additional information required and standards
of evaluation for temporary events.
Approval of Special Use Permit
Application requirements and standards of evaluation for temporary events are proposed to insure
that adverse impacts are minimized and that public safety is not compromised. The Special Use
Permit is valid for one year and describes generally the use,a maximum number of events per year,
045
maximum periods of operation, maximum number of participants, and typical activities. A typical
site plan is reviewed with the Special Use Permit indicating access,utilities, parking, and other use
areas.
The zoning compliance and Special Use permits are site specific. Therefore, if the same event is
proposed by the same applicant at different sites,individual permits must be obtained.
Approval of Individual Events
A specific site plan for each event must be submitted for review by the Planning Staff and must be
accompanied by letters from the Orange County Health Department, the Sheriffs Department, and
the Fire Marshal regarding sanitation and safety issues. A written description of the event is
required to include the maximum number of people expected to attend, the frequency of the event,
hours of operation, method and adequacy of sewage disposal, recycling and waste disposal, access,
parking, lighting, and signage.
o4;
PROPOSED AMENDMENT:
Article 22 Definitions
Temporary Event (NEW) A commercial activity that typically does not
involve permanent structures, and does not exceed seven(7) days in a thirty
(30)-day period or more than fifty (50) days per year. Examples of
temporary outdoor events are craft shows, carnivals, festivals, concerts,
medical or veterinary clinics, and sites operated by businesses engaged in
hosting outdoor social events such as picnics or receptions sponsored by a
restaurant or caterer.
Article 4.3-Permitted Use Table
(attached)
Article 8.8.14 Temporary Events (1`TWI
(Less than 300 people-Class B Special Use
300 people or more-Class A Special Use)
8.8.14.1 Additional Information
In addition to the information required by Subsection 8.2 and 8.8, the
following information shall be supplied as part of the application for
approval of this use:
a) A written description of the exact type of event planned, the
maximum number of participants, the frequency of the event,
anticipated dates and hours of operation, method and adequacy of
sewage disposal, recycling and waste disposal, access, parking,
lighting,and signage;
b) A site plan drawn to scale showing the boundaries of the area to be
used for the event, and the locations of access points, parking,
service areas, activity areas, restrooms, solid waste
disposal/recycling facilities,lighting,and signage;
C) Written comments from the Orange County Health Department,
Division of Environmental Health regarding the adequacy of plans
restroom facilities and food preparation/handling arrangements;
d) Written comments from the Orange County Fire Marshal and
Sheriffs Department regarding the adequacy of parking, access, or
other factors related to public safety.
048
8.8.14.2 Standards of Evaluation
a) Lot size shall be adequate to accommodate all proposed activities
including safe vehicular and pedestrian circulation;
b) The proposed activity will occur on no more than seven days in a 30-
day period,nor more than 50 days per year.
c) Signs associated with the use are allowed only while the event is in
progress and shall not exceed one sign per event with a maximum
area of sixteen (16) square feet, and a maximum height of six (6)
feet. Other standards of Article 9 shall also apply.
d) The Special Use Permit shall include a requirement that the
following information be presented to the Planning Department
within a specified number of days prior to each event:
1. Environmental Health approval of water supply and
wastewater disposal;
2. A copy of notification of the upcoming event sent to the Fire
Marshal and Sheriffs department; and
3. A description of the proposed event, indicating that the event
will not exceed any parameters such as hours of operation,
anticipated attendance, or other characteristics addressed in
the Special Use Permit.
e) The Special Use Permit shall be valid for no more than one year.
Article 6.16-Additional Requirements for Certain Permitted Uses
6.16.17Tempomry Events
a) The application shall include a written description of the exact type
of event planned, the number of participants, the frequency of the
event, dates and hours of operation,method and adequacy of sewage
disposal, recycling and waste disposal, access,parking, lighting, and
signage;
b) The site plan shall be accompanied by written approval from the
Orange County Health Department, Division of Environmental
Health regarding water-supply and wastewater disposal;
049
c) The site plan shall have written approval from the Orange County
Fire Marshal;
d) The applicant shall submit a copy of notification seat to the Orange
County Sheriffs Department stating the type of event, number of
participants, date(s) and hours of operation, and emergency contact
information. A location map must be attached to the notice provided
to the Sheriff;
e) Lot size shall be adequate to accommodate all proposed activities
including safe vehicular and pedestrian circulation;
f) The proposed activity will occur on no more than seven days in a 30-
day period,nor more than 50 days per year; and
g) Signs associated with the use are allowed only while the event is in
progress and shall not exceed one sign per event with a maximum
area of sixteen (16) square feet, and a maximum height of six (6)
feet. Other standards of Article 9 shall also apply.
:. 051
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1920 Dairyland Road • Chapel Hill, NC 27516 (919) 933-9407