HomeMy WebLinkAboutNSN ORD-1996-047 Zoning Ordinance Text Amendment - Temporary Events ORp - 199E - a �'7 1
ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 17 1996
Action Agenda
Item# 9-b
SUBJECT: 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 - Yes X No
BUDGET AMENDMENT REQUIRED Yes X No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Amendment Mary Willis
8/26/96 Public Hearing Minutes Extension 2583
11/6/96 Draft Planning Board Minutes
12/2/96 Draft Commissioners Minutes 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 by right in commercial zoning districts, and
with approval of a Class B Special Use Permit in certain residential districts.
BACKGROUND: The proposed amendment creates a commercial/service use category called
"Temporary Events". Examples of this kind of use are commercial craft
shows, small 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
2
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.
This item was presented at the August 26, 1996 public hearing as a
request by Paul and Patricia Tripodi, owners of a catering business, who
proposed to host wedding receptions on their residential property located
on Dairyland Road.
The amendment was previously prepared 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 Tripodis 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 which was presented at the August
public hearing was the same as that which was originally proposed
The Ordinance Review Committee reviewed the proposal on July 3, and
suggested addressing some of the concerns by 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).
8/16/96 Public Hearing Comments
Four citizens, including the two applicants, spoke with regard to the
proposed amendment. Each of the speakers supported the amendment to
the extent that it would allow the specific use proposed by the applicants.
The applicants suggested that the amendment be revised to exclude
larger events that could have a greater impact on surrounding areas.
On September 17, the Planning Staff received revisions proposed by the
applicant (attached). The revisions included the following substantive
changes:
3
1) The maximum attendance at any single event would be the lesser
of 150 people, or 30 people per acre of the tract; and
2) The site plan would be approved by Environmental Health, the
Sheriff's Department and the Fire Marshal for the use as
described in the Special Use Permit, including maximum number
of participants. Notification prior to each individual event would
not be required.
Additional revisions were included by the Planning Staff to address
issues raised by the Ordinance Review Committee.
If approved, the propose amendment would allow the applicants to apply
for a Class B Special Use Permit to host wedding receptions. Special
Use Permits for similar types of activities in residential districts could
also be requested. The amendment would also allow Temporary Events
by right in commercial zoning districts, subject to the same application
requirements and evaluation standards in the course staff review.
The Planning Staff finds that the limitations proposed in the applicant's
revisions will result in minimal adverse impacts on adjacent areas.
However, the Planning Staff also recognizes that the proposed
amendment is closely tailored to address a specific need, and does not
utilize the opportunity to address a wider range of possible uses, such as
events which may occur less frequently but will attract more people.
Planning Board Recommendation
The Planning Board considered the proposed amendment on November
6, 1996 and recommended approval of the attached revisions proposed
by the applicant and staff, with the following changes:
1. that the Site Plan be drawn to scale,as required in Article 14 of the
Zoning Ordinance; and
2. that the definition of Temporary Event be expanded to explicitly
exclude events of a personal, or non-profit nature, as well as all
events attracting no more than 20 people at any given time; and
3. That the definition of Temporary Events be revised to exclude
carnivals, and to specify "small" festivals in the list of examples.
The amendment was recommended by an 8 - 1 vote. The opposing vote
was based on concern with the appropriateness of such uses in
4
residential areas, and the narrow scope of the amendment. (See attached
minutes).
Comments from 12/2/96 Board of Commissioners Meeting
The Board of Commissioners considered the proposed amendment on
December 2, 1996. The following changes were suggested: Italicized
text summarizes revisions proposed to address these issues.
• reduce size of signs
The maximum sign area allowed is reduced from sixteen square feet
to six square feet. allowing a size of 2'x 3'. This area is larger than
the four square foot (2' x 2') size limit for home occupation signs,
but is considerably small than the 16 square foot (4' x 4) limit
applicable to church signs and entrance signs for residential
developments.
• require on-site parking
The Standards of Evaluation have been revised to explicitly state that
all parking must be on-site.
• minimize off-site impacts such as noise
The standards of evaluation have been revised to specify a noise limit
of 50 decibels at the property line in daytime hours (7-00 a.m. to
7•00 p.m.) and 45 decibels in evening hours (7•00 p.m. to 7•00
a.m.). These limits are currently used in the Zoning Ordinance and
Economic Development Districts Deign Manual to minimize impacts
of commercial use on adjacent residential property. A noise level of
fifty decibels is generally characterized as quiet. Examples include :
light automobile traffic at 100 feet, and daytime activity in suburban
and rural residential areas.
• limit the use to rural or farm areas
The Permitted Use Table has been revised to limit the residential
zoning districts within which a Special Use Permit may be requested
to the Rural Residential, Agricultural Residential, and Rural Buffer
Zoning Districts. In addition, the Standards of Evaluation have
been revised to require a minimum lot size of five acres. This
acreage limit, combined with a cap of 150 persons, renders the 30-
5
person per acre limit duplicative, therefore the 30 person per acre
limit has been eliminated.
• explicitly exclude farm events, horse shows, auctions, and other
uses commonly associated with rural agricultural areas
The definition of Temporary Events has been revised to explicitly
exclude farm-related or rural events such as horse shows, 4-H events
and auctions, and fund-raising events for non-profit organizations.
RECOMMENDATION: If it is the desire of the Board of Commissioners to narrowly define
the temporary events special use permit category so that commercial
events attracting more than 150 persons could not be considered,
then the Administration recommends approval of the attached
amendment,including revisions to address concerns raised at the
12/2/96 Board of Commissioners meeting.
6
PROPOSED AMENDMENT: (Cross-out/Underline indicates revisions in response to 1212196
comments from Board of Commissioners.)
Article 22 Definitions
Temporary Event (NEW ) A commercial activity attracting at least 20
people at any given time, that typically does not involve permanent
structures, and does not occur more frequently than 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„ small 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. Activities which are not included in this definition include:
(1) events of a personal or non-profit, nature such as family reunions and
church activities: (2) farm-related or rural events such as horse shows. 4-H
events and auctions and —DI fund-raising events for non-profit
organizations.
Article 4.3 - Permitted Use Table
(attached)
Article 8.8.14 Temporary Events (NEW)
no more than 150 people-Class B 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 showing the boundaries of the area to be used for the
events,the locations of access points,parking, service areas, activity
areas, restrooms, solid waste disposal/recycling facilities, lighting,
and signage;
7
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.
8.8.14.2 Standards of Evaluation
a) To; siz-L- Th" a lot,shall contain a minimum of five (51 acres and shall
be adequate to accommodate all proposed activities, including safe
vehicular and pedestrian circulation, and the maximum number of
participants for any single event. The p ffnit sha4l be limited to
speeified umber- of pat4i6pants for- any
�.•single event,41. 4.- 4 150«n.•Fin r.4n .,ti.i nl.v`o is lcc. `
b) The maximum number of participants at My given time at any even
is 150 persons.
1w,-) The proposed activity will occur no more frequently than seven
days in a 30-day period, and on no more than 50 days per year.
ed) 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
sign area of six4ee, (16` six f§) square feet, and a maximum height
of six(6)feet. Other standards of Article 9 shall also apply.
e) All parking.shall be on-site.
fl Noise levels at the boundary of the area included in the Special
Use Permit shall not exceed 50 decibels between the hours of 7:00
a m and 7.00 12.m.. or 45 decibels between the hours of 7.00
p.m. and 7:00 a.m.
dg) The site plan shall have the written approval of the Orange County
Division of Environmental Health regarding the adequacy of the
water supply and wastewater disposal for the specified maximum
number of participants for any single event and the written approval
of the Orange County Fire Marshal and Orange County Sheriff's
Department regarding the adequacy of parking, access or other
factors relating to public safety.
7a
eh) The Special Use Permit shall be valid for no more than one year.
Article 6.16-Additional Requirements for Certain Permitted Uses
6.16.17 Temporary Events
a) The application shall include a written description of the type of
event planned, the number of participants for any single event, the
frequency of the events, the anticipated hours of operation, the
potential dates for the events, and the 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 Division of Environmental Health regarding the
adequacy of the water-supply and wastewater disposal;
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 events, 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 frequently than seven
(7)days in a thirty (30)-day period, and on no 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.
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Amendments: (1)
4 -1 -05
(2)
3-18 -06
A PERMITTED USE
(7)
1 -5 -87
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(1)
10 -5 -87
A " CLASS A SPECIAL USE (ARTICLE 0)
(5)
5 -16 -89
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(6)
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B " CLASS 0 SPECIAL USE (ARTICLE 6)
171
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S50 Storage of Goods, Outdoor
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S51 Storage of Warehousing; Inside Building
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S53 Wholesale Sales
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Use (1)
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555 Assenbly and Packaging Operations Including
Mall Order 11ouses, But Excludi ng Oh- Pramlese
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S57 Golf Driving and Practice Ranges (7)
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TRIPODI 'S CATERING TEL N0 ,932-9388 Sep 17 .96 22 : 10 P .01
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1920 Dairyland Road • Chapel Hill. 14C 27516 • (919) 933-9407
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09/17/1999 17:08 9199678411 F-INCF- 02 10
REM tON TO PROPOSED AMENDMENT
Article 22 Del6ddoru
Temporary Event (NEW) A commercial activity that typically does not
involve permwmt structtmes, and does not occur more frequently than
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, festivals,
medical or veterinary elin.leA and vitas operated by businesses engaged in
hosting outdoor events such as picnics,pasties or receptions sponsored by
a restaurant or caterer.
Ardele 13 - PermlUW Use Table
(attached)
Ankle 5.8.14 TMggM &no (N_FVQ
Eno Uwe Usan 1. -Cwt B S�WW Use)
8, 14.1 A bnaadon
In addition to the information required by Subsection 8.2 and 8.8, the
.following information shall be supplied at part of the application for
approval of" tee:
a) A written dearipdoa of the type of events planned, the maximum
number of participants for any single event, the frequency of the
events,the anticipated hours of operation,the potential dates for the
events,and the method and adequacy of sewage disposal,recycling
and waste disposal, amss, parftg, lighting and cignage;
b) A site plan showing the boundaries of the area to be used for the
events, the locations of access points, parking, service areas,
activity areas. reswmats, solid waste disposalhecycling facilities,
110ting and sipage;
c) Written comments from tie Orange County Health Department,
Division of Envirgnn Ontal Health rtgar+dirg the adequacy of plans,
testroont facilities and food preparationIhAddling arrangements: and
co Written conunenee from the Orange County Fire Marshall and
Sheriffs Deparmmt asfarding the adequacy of parking, access,or
odor factors relating to public safety.
09/17/� �9F 17:06 _ 9199670411
11
-z-
W4.2 SRarndards of$valuatkm
a) Lot size shall be adequate to accommodate all proposed activities
including safe vehicular and pedestrian circulation and the
maximum number of participants for any single event. The permit
shall be litnited to activities for a specified maximum number of
participants for any single event,not to exccod a maximum of thirty
(30) participants for each acre of land comprising the lot.
b) The proposed activity will occur no more frequently than seven (7)
days in a thirty (30) day period and no more frequently thsuh fifty
(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) up= feet, and a maximum height of six (6)
feet, Other standards of Article 9 shall also apply. .
d) 'rbe site plan shall have the written approval of the Orange County
Health Depar=mat.Division of Environmental Health r .ga riling the
adequacy of the water supply and wastewater disposal for the
specified maximum number of participants for any single event and
the written approval of the Orange County Fire Marshall and
Orange County Sheriff's Deparmmm regarding the adequacy of
parldng, ,, s. or other factors relating to public safety.
e) The special use permit shall be valid for no more than one year.
Artkk 6.16 — Addftg ReauireMMM fbr C,eWo E113 tted Uses
p) j* InUcgdpn drall Mu& a written description of the type of
events planned,the Maximum number of participants for any single
event, the frequmcy of the events, the anticipated hours of
operation, the potential date* for the events. and the tnethod and
adequacy of sewage disposal,recycling and waste disposal, access,
parking, lighting anti signage;
b) The site plan shall keno accompanied by written spproval from the
Otatrga Oowtty it'ealth Deportment. Division of Environmental
Hedth zngerding the adequacy of the water supply and wastewater
disposal;
c) ne site Ann shall have the written approval from the Orange
county Pl:e Marshall;
TRIPODI 'S CATERING TEL NO .932-9388 Sep 17 .96 22 : 12 P .04
09/17/1996 17:0g 9199670411
PAGE' 04
12
—3-
d) The applicant#hall#ubmit a copy of notification si gt to the()range
County Sheriff`s Department stating the type.ct events, maximum
number of participants.data and hours of gperation,and emergency
contact information. A location map ttmmt 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;
fl 71it proposed activity will occur no more ftaquently than seven(7)
days in a thirty (30,flay period and no more frequently than fifty
(50)days Per yM and
S) Signs a#stociased with the use are allowed only while the event is in
progress w d shall not exceed one sign per event with a maximum
area of Axtew (lb) square feet, and a maximum ht;ight of six (b)
feet. fAher stwulardst of Article 9 shall also apply.
1 8/26/96 Public Hearing Minutes DRAFT 13
2 Dean Lategan,a resident of Stage Coach Run,spoke in opposition to the proposed amendment change
3 as they would effect Lots 1,2, 4 and 5 in Section A and Lot 1 in Section S. He stated that those lots are actually
4 a part of Stage Coach Run. He did not believe that Mr. Davis has the right to exclude any lots from the
5 subdivision without permission from the Homeowners Association. The Association is willing to take this matter
6 to court if necessary. They are opposed to rezoning the lots which were originally a part of Stage Coach Run.
7 They do not have an opinion on the other lots.
8
9 Geof Gledhill mentioned that if the lots are a part of the subdivision,the restrictions apply unless
10 changed by the Homeowners Association.
11
12 Arthur Cogswell, the project planner,stated that the density of development for these lots is not an issue
13 for them. They have not formulated plan at this time,however,they intend to work with the community. They
14 will be in communication when they do develop a plan.
15
16 Mr.Charles Davis stated that the lots in question were originally sold to Center Point and were
17 redaimed by him when Center Point went bankrupt He did not want to take them back but did not have a
18 choice. The lots were eliminated from Center Points plan in the 1980s. The County Tax Maps do not show
19 these lots as a part of Stage Coach Run. He also mentioned that the lots are no;subdivided and are,in fact,
20 one tract
22 Mary Willis stated that there was originally an area that extended to where those lots were platted.
23 However,a large area was recombined and put back into one tract
24
25 A motion was made by Commissioner Crowther,seconded by Commissioner Willhoit,to refer this item
26 to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than
27 October 1,1996.
28 VOTE UNANIMOUS
29
30 2. Zoning Ordinance Test Amendments
31 (a) Efland Setback Overlay District
32 1)Article 4.226 Oistrict Statements of Intent and Application Criteria
33 2)Article 624 Efland Setback Overlay District
34 This item was presented by Mary Willis to consider the creation of a new
35 Overlay Zoning District which would allow lesser setbacks than generally required in the underlying zoning
36 district,and to apply the new Overlay district to Ten and Twenty Year Transition Areas in the Efland Area.
37 These proposed overlays would allow setbacks of 20 feet from road right-0f-way and 8 feet from side and rear
38 property lines,with provisions for zero4cdine development in the interior of a subdivision. The proposed
39 setbacks are comparable to the setbacks currently allowed in the R-5 zoning dis icts.
40 This item was presented along with Item 1.3.
41 The motion was made in item La above as restated below.
42
43 A motion was made by Commissioner Gordon,seconded by Commissioner Crowther.to refer this item
44 to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than
4S October 1,1996
46 VOTE: UNANIMOUS
47 Events
48 (b) Temporary
49 1)Article 8.8.14 Special Uses(Temporary Events)
50 2)Article s.16.17 Additional Requirements for Certain Permitted Uses
51 3)Article 42 Permitted Use Table
52 4)Article 22 Article 22 Definitions
53 This item was presented by May WWI.s to consider a citizen request to create a
54 new use category tailed"Temporary Events'which would be allowed in residential districts with approval of s
55 Special Use Pwa EmPles of this kind of use are commercial craft shows.carnivals,festivals.concerts,
36 medical or veterinary clinics,and outdoor social events hosted by a business such as a restaurant or caterer.
SEP-13-19% 16 e6 SOCC/MPNAGER
DRAFT 4 14
1 Temporary events such as those described above would not be considered a principal use when they take place
2 at a site normally associated with the activity.
3
4 COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS.
5
6 Commissioner Gordon asked which residential districts were included in this request.
7
8 Mary Willis indicated that all districts up to R-13. She indicated that this was being proposed for a
9 Special Use Permit so that issues such as parking availability could be looked at for each request Also,there
10 would be a Public Hearing required for each request.
11
12
13 ComMENTS ANDlog Q i QMONS FROM THE PLANNING BOARD - None
14
IS: r_nraru EWM AND/OR QUESTIONS FROM CITIZENS
16
17 Paul Tripodi,an Orange County resident stated that he was applying for permission to hold small
18 outdoor events,such as wedding receptions. He was not interested in any of the larger scale events mentioned
19 in the presentation. They would never have events that lasted several days or everting events which would
20 require outdoor fighting. He has been working with the State and County Health Departments to determine what
21 needs to be done to meet health requirements and water avai lability.
22
23 Commissioner Gordon commented that although there does not appear to be off-site impact at this
24 particular location.that might not be true of other applicants. At Issue here is the essence of a residential area
25 and whether or not this would generally be an appropriate residential enterprise.
26
27 Mary WIRis commented that this was not considered a'home occupation because it would have an
28 impact greater than that expected from a home business, For that reason,staff developed the*Temporary
29 Events'category.
30
31 Ann Peterson,a friend of the Tripodi's,asked that the Board grant the Tripodfs request She mentioned
32 that the Temporary Event category is much broader than that which was requested. The Tripods main concern
33 is the inconvenience and time problems associated with having to apply for a Special Use Permit for each of
34 these events.
35
36 Jim Glover,also a friend of The Tripodr s,asked the Board of County Commissioners to approve their
37 request to hold small caterred weddings on their rural property. Most of the allowed activities in this'temporary
38 EvenC category are much larger than anything that the Tripodi's would ever schedule.
39
40 Patti Tripod[mentioned that there are several horse farms,a dairy farm and a brick mason in the
41 immediate vicinity. She felt that their area was actually more commercial than residential. She asked that the
42 Board of County Commissioners approve their request
43
44 Commissioner Gordon felt that it was very important to pay close attention to anything that would create
45 a non-fesidentiaal impact in a residential community.
46
47 Comrrdssiormer W ilhok asked the County Attorney if it would be possible to Amit this type of event by the
4$ number of acres involved. For example,3 people could be allowed for each ace.
49
50 Geoff GledW replied that he would research the legality of this way of determining how many people-
51 would be allowed.
53 A motion was made by Commissioner Wllhoit,seconded by Commissioner Crowther.to refer the
54 proposed arnendments to the Planning Board for a recommendation to be returned to the Board of
55 Con>rAssioneis no sooner than October 1, 1996. The Planning Board is also requested to consider how they
56 would deal with oftft impacts such as density,number of vehicles and setbacks.
57 VOTE: UNANIMOUS
x
DEC-10-1996 14:00 BOCC%MANAGER 9196443004 P.02/e4
15
1 A motion was made by Chair Crowther, seconded by Commissioner Halkiotis to approve, in
2 principle, subject to County Attorney review, an amendment to the Contract with UNC Hospitals for an
3 additional Medicaid Caseworker.
4 VOTE: UNANIMOUS
5
6
7 >?4. ffEms EQB f�14N;REGULAR BQEillOA
8 e, l.Qd�ORDINANCE IM AMENDMENT:TEMPORARY EVENTS
9 Planner Mary Willis presented background information as stated In the agenda. The
10 proposed amendment creates a commercial/service use category called"Temporary Events".
11 This amendment was requested by Paul Tripodi of Tripodi's Catering to allow the hosting of
12 wedding receptions on their property. He was available to answer questions.
13 Commissioner Gordon asked what zoning district this was in and it was determined that it
14 was Rural Buffer(RB). She said that this is a large change to a residential district and suggested thet
15 specifications be added to require that all parking be on site and that there be minimal off-site noise
16 impacts. She would like the site plan to be to some scale to indicate specifics. She feels that the sign
17 should be smaller--maybe 6 square feet.
18 Chair Crowther feels that parking on site is important.
19 Commissioner Brown expressed several concerns which she feels could be added to the
20 amendment. She feels that off-she noise impacts should be minimum_ Planner Mary Willis indicated
21 that this could be a condition attached to the Special Use Permit.
22 Commissioner Brown made reference to farm events and feels that it is not clear to the public
23 that there are no limitations to events on farms and she would like to see this included. An example of
24 this would be horse shows. She asked about the cost to the applicant for a Special Use Permit and
25 Mary Willis said that it is about$200. Commissioner Brown asked about notification to neighbors and
26 Mary Willis said that with any Special Use Permit there is a notification of any property owner within 500
27 feet. In answer to Commissioner Brown's question about the inclusion of auctions, Mary Willis said that
28 it is a matter of looking at the activity to make a determination if it is a bonafide farm use which would be
29 exempted from the zoning regulations. Commissioner Brown said that she could not support this
30 amendment unless it specifically exempted auctions which are very traditional activities in the County.
31 Commissioner Gordon asked about the courtesy review by Chapel Hill or Carrboro and Mary
32 Willis said she received no comments back from either one.
33 Mary Willis clarified that if a farm auction is a commercial activity it would fail under the
34 "Temporary Events"regulation. A livestock show at Orange Grove would be nonprofit.
35 Mr.Tripodi said that they have agreed to provide onsite parking.
36 Commissioner Brown emphasized that her concern is that this does not interfere with any
37 traditional activities that have gone on in the County.
38 Mary Willis said that the biggest concern expressed at the Planning Board meeting was how
39 to define the events precisely enough so that they catch the hype of uses they want to catch but still
40 exclude those that they don't want.
41 Commissioner Halkiods made reference to a bating of facilities in Orange County that are
42 offering to host social functions. He feels that some of these places could not hold the number they
43 have advertised:
44 A motion was made by Commissioner Gordon, seconded by Commissioner Carey to table
45 this item until the next meeting.
46 VOTE: UNANIMOUS
47
9L-a417 41- / 7, Ji5v
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to not 4 ob
support items#1 and#3 under"Environmental Protection" , as stated above, and to adopt the remainder of
the items as listed by the North Carolina Association of County Commissioners.
VOTE: UNANIMOUS
I ITEMS EDE DECISION= RE®C,ULAR AGENDA
A. DOM TIC VIOLENCE GRANT AWARD
John Link made this presentation. The grant from the Department of Crime Control and Public
Safety for Domestic Violence Support Team will provide funds to expand the services that the Orange
County Sheriff Department is able to offer victims of domestic violence. This new award will allow funding
for a full-time Support Counsel.
Megan Pearson, Hudson Fuller and Major Don Truelove gave a brief report on what is happening
with domestic violence. The calls have increased by about 20 each month from last year. In 80% of the
homes where there is domestic violence, the children are also abused. Last year the Sheriffs Office
received a total of 981 calls. This year so far the total is 1,035. They also work with UNC, Hillsborough,
Chapel Hill and Carrboro which add to that number.
A motion was made by Commissioner Halkiotis; seconded by Commissioner Carey to approve
.and accept the'grant award from the Department of Crime Control and Public Safety for domestic Violence
Support Team.
VOTE: UNANIMOUS
a ZQNING ORDINANCE TEXT A NDMENT=TEMPORARY ANT
Planner Mary Willis made the presentation. She made reference to-the concems expressed at
the last Board of County Commissioners' meeting and reviewed how these concerns have been addressed.
Commissioner Gordon made reference to the definition of Temporary Events and the number of
days that they would be allowed —seven (7) days in a thirty (30) day period or not more than fifty (50) days,.._: .
per year. She feels that that Is a considerable number of days and seems more ongoing than temporary.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to reduce the
number of days from 50 per year to 30 per year.
Commissioner Carey stated his opposition to this because he feels that the proposed amendment
already has constraints which would mitigate the impact on neighbors.
VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Crowther and Halkiotis)
Commissioner Gordon said that her concern with this proposed amendment is about commercial
activity taking place in residential areas. It is a significant change to the residential definition and goes
beyond the impact of home occupation. She believes it is too much of an infringement on neighbors.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to limit the
noise level of the boundaries of the area included in the Special Use Permit between 7:00 a.m and 7:00 p.m.
to 50 decibels and to 45 decibels between 7:00 p.m. and 12:00 midnight, with quiet times between midnight
and 7:00 a.m.
VOTE: UNANIMOUS
VOTE ON THE PROPOSED AMENDMENT AS AMENDED ABOVE
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve
the amendments to the Zoning Ordinance for Articles 8.8.14, 4.3, 6.16.17, and Article 22 including revisions
as approved above and including the revisions to address concerns raised at the 72/2/96 Board of
Commissioners meeting and to change the name from Temporary Events to Special Events.
VOTE: AYES, 3; NOS, 2 (Commissioners Brown and Gordon)
G.
C UNIVERSITY MANOR PMASE!_APPROVAL QE C0[NSFRVg3'I0N EASEMENT