HomeMy WebLinkAboutPH ORD-1996-027 Proposed Zoning Ordinance Text Amendment Special Uses - Temporary Events Article 8.8.14, Article 4.3 Article 6.16.17 Article 22 041
ORANGECOUNTY
BOARD OF COMMISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: Aug=26. 1996
Action Agenda
Item
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
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.
RECONEWENDATION: 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 Recommendation
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
REFERENCE: 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 X Public
Other:
EXPECTED PUBLIC HEARING DATE: August 26, 1996
This item is a request by Patricia and Paul Tripodi, owners of Tripodi'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. .
IMPACTS/ISSUES:
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.
A=val of S=ial 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.
r 047
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
(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
r
6.16.17Tempo_ ry 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 sent 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.
' I I 051
a
-
Ime?e� o is a m. ee o me _ atar� a� s o ----
< I
Awa
� i i l l l I ` I ` ` I < I • I - I �
Lill, 1111111 ` uQ
N V V ¢ I I I ( I f C co `�-
.
Q
3 = i 1 1 1 1 1 1 1 I I = CO
co ¢
cc Q
col Q
¢ � Q
r
x C a
• t 0 'Q �
m • L.r L+
Lr ^ tl O U
U
v Lazo Q C a ii r i a G ro
Inm�+ mem
AJ Yon y
qY'I 1 I r�
I l o l o l i o " E .•i v a 3 q .. A W
♦C'] _ _ �7 S tl A L 0 v S
a+ V. w aj C
�'�
O 0 .<L.. C • H A 7 -+ a d ,h. 4)
V O 0 L
aI a+ � Y � A r • • O.. j a r
L • • E U a L d
• • A r vl a./ a+ A �+ q • A • Y 0 ��/
� O O q N H N N S S SO <SC V L7
C
< H H N N N H N N N H N H to t1
4-19 mew--• 990
05
e Terrac
rTa �,7
f,
1920 Dairyland Road • Chapel Hill, NC 27516 (919) 933-9407
are opposed to rezoning the lots which were originally a part of Stage Coach Run. They do not have an opinion on the
other lots.
Geof Gledhill mentioned that if the lots are a part of the subdivision, the restrictions apply unless changed by
the Homeowners Association.
Arthur Cogswell, the project planner, stated that the density of development for these lots is not an issue for
them. They have not formulated plan at this time, however, they intend to work with the community. They will be in
communication when they do develop a plan.
Mr. Charles Davis stated that the lots in question were originally sold to Center Point and were reclaimed by
him when Center Point went bankrupt. He did not want to take them back but did not have a choice. The lots were
eliminated from Center Points plan in the 1980s. The County Tax Maps do not show these lots as a part of Stage
Coach Run. He also mentioned that the lots are not subdivided and are, in fact, one tract.
Mary Willis stated that there was originally an area that extended to where those lots were platted. However, a
large area was recombined and put back into one tract.
A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit, to refer this item to the
Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1, 1996.
VOTE: UNANIMOUS
2. Zoning Ordinance Text Amendments
(a) Efland Setback Overlay District
1) Article 4.2.26 District Statements of Intent and Application Criteria
2) Article 6.24 Efland Setback Overlay District
This item was presented by Mary Willis to consider the creation of a new Overlay
Zoning District which would allow lesser setbacks than generally required in the underlying zoning district, and to apply
the new Overlay district to Ten and Twenty-Year Transition Areas in the Efland Area. These proposed overlays would
allow setbacks of 20 feet from road right-of-way and 8 feet from side and rear property lines, with provisions for zero-
lotline development in the interior of a subdivision. The proposed setbacks are comparable to the setbacks currently
allowed in the R-5 zoning districts.
This item was presented along with Item 1.a.
The motion was made in item La above as restated below.
A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to refer this item to the
Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1, 1996
VOTE: UNANIMOUS
(b) Temporary Events
1) Article 8.8.14 Special Uses(Temporary Events)
2) Article 6.16.17 Additional Requirements for Certain Permitted Uses
3) Article 4.2 Permitted Use Table
4) Article 22 Article 22 Definitions
This item was presented by Mary Willis 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. 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.
COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS.
Commissioner Gordon asked which residential districts were included in this request.
Mary Willis indicated that all districts up to R-13. She indicated that this was being proposed for a Special Use
Permit so that issues such as parking availability could be looked at for each request. Also, there would be a Public
Hearing required for each request.
COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD - None
COMMENTS AND/OR QUESTIONS FROM CITIZENS
Paul Tripodi, an Orange County resident, stated that he was applying for permission to hold small outdoor
events, such as wedding receptions. He was not interested in any of the larger scale events mentioned in the
presentation. They would never have events that lasted several days or evening events which would require outdoor
lighting. He has been working with the State and County Health Departments to determine what needs to be done to
meet health requirements and water availability.
Commissioner Gordon commented that although there does not appear to be off-site impact at this particular
location, that might not be true of other applicants. At issue here is the essence of a residential area and whether or not
this would generally be an appropriate residential enterprise.
Mary Willis commented that this was not considered a"home occupation because it would have an impact
greater than that expected from a home business, For that reason, staff developed the"Temporary Events" category.
Ann Peterson, a friend of the Tripodi's, asked that the Board grant the Tripodi's request. She mentioned that
the Temporary Event category is much broader than that which was requested. The Tripodi's main concern is the
inconvenience and time problems associated with having to apply for a Special Use Permit for each of these events.
Jim Glover, also a friend of The Tripodi's, asked the Board of County Commissioners to approve their request
to hold small catered weddings on their rural property. Most of the allowed activities in this"temporary Event" category
are much larger than anything that the Tripodi's would ever schedule.
Patti Tripodi mentioned that there are several horse farms, a dairy farm and a brick mason in the immediate
vicinity. She felt that their area was actually more commercial than residential. She asked that the Board of County
Commissioners approve their request.
Commissioner Gordon felt that it was very important to pay close attention to anything that would create a non-
residential impact in a residential community.
Commissioner Willhoit asked the County Attorney if it would be possible to limit this type of event by the number
of acres involved. For example, 3 people could be allowed for each acre.
allowed.Geof Gledhill replied that he would research the legality of this way of determining how many people would be
A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther, to refer the proposed
amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner
than October 1, 1996. The Planning Board is also requested to consider how they would deal with offsite impacts such
as density, number of vehicles and setbacks and density.
VOTE: UNANIMOUS
3. Subdivision Regulations Text Amendments
(a) Section IV-B-5-e Lot Layout
This item was presented by Mary Willis to consider a proposed amendment to clarify Section
IV-B-5-e by substituting the word"divided"for the word"separated". The proposed amendment would provide more
clarity in the text. It would not result in a substantive change to any regulation.
COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS - None
COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD - None
COMMENTS AND/OR QUESTIONS FROM CITIZENS - None