The ordinance presented to the P&D Committee in June has been slightly modified based on feedback from the Town’s legal staff and Town Council comments. Modifications to the proposed amendment since this matter was heard by the Planning and Development Committee are included below:

• Clarification that temporary classroom structures may only be placed at public schools as currently defined in the UDO, and that such structures may remain on site for longer than three years, but only after approval from the Town Council.

• Modification to the temporary sale of agricultural product provisions which allow such sales to take place on a parcel for a period of up to 180 days (as opposed to 90 days as was previously proposed).

• Modification to the fireworks provisions which remove the ability for such products to be sold from vacant parcels in favor of exempting such products from the "like products" requirements (which apply to the sale of other non-agricultural products).

• Addition of a purpose/intent section to the event provisions to explain the reasons for the requirements.

• Addition of language related to "private" events (i.e. wedding ceremonies, funerals, private parties, etc.) indicating that such events do not need to obtain temporary use permits regardless of the number of attendees.

• Addition of language, which clarifies that events occurring wholly upon the grounds of an "event venue", do not need to obtain a temporary use permit. Event venues are structures like an assembly hall or amphitheater which have undergone development plan approval for such types of event uses.

REVIEW:

These Unified Development Ordinance (UDO) amendments are proposed as a major overhaul to the Town’s temporary use provisions. The current provisions relating to temporary uses reside within several different sections of the UDO, and have proved somewhat confusing to the staff and Town citizens. This amendment is designed to consolidate and add clarity to the temporary use and temporary sales provisions.

In addition to changes in the temporary use provisions, this modification is proposed to repair a very minor detail in the UDO related to acreage fees. Prior to 1997, the Town required the payment of "acreage" fees during the process of a development’s connection to town utilities. The fees were based upon the size of the parcel connecting to the utilities. After 1997, the Town changed its policy related to connection charges from fees based upon the size of a parcel (acreage fees) to fees based upon the size of the structure(s) connecting to utilities (known as development fees). The Engineering Department has recently made changes to the Code of Ordinances, Policy Statements and Standard Procedures to reflect the shift from acreage fees to development fees. Section 11.1.9(b) of the UDO still contains a reference to acreage fees, and this amendment is proposed to substitute the word "development" for the word "acreage" as it relates to fees.

The primary modifications to the temporary uses provisions are summarized below:

• Relocation of the provisions regulating the temporary sales of non-agricultural goods from the Accessory Uses section and into the new Temporary Uses section.

• Creation of a table to summarize the allowable temporary uses, clarifies maximum allowable time frames and associated signage regulations, which apply to these temporary uses.

• Modifications and clarifications to the allowable duration of temporary sales of non-agricultural products to no more than 90 total days per parcel per calendar year, and to no more than 3 occurrences per parcel per year.

• Clarification of the types of agricultural products which may qualify as agricultural products grown off-site.

• Creation of set of regulations pertaining to the sale of fireworks or other pyrotechnics.

• Differentiation between three types of temporary events, and development of associated regulations for each.

• Clarification on the types of events which do not need to obtain temporary use permits, but which do need to address duration limits and signage regulations.

The proposed scheduled for adoption of the ordinance amendment is as follows:

The proposed UDO amendments are attached for review, and changes to the text are presented in the strike-through/underline format where new text is underlined and removed text is stricken.

The proposed ordinance follows:

This ordinance amends Chapter 11, Section 1.9, as well as Chapter 13, Parts 1 and 3 of the Unified Development Ordinance.

(b) After final subdivision plat approval or site plan approval has been granted by the Town Council, the developer shall pay all water and sanitary sewer acreage development fees required under Chapter 19 of the Town Code, as established in the annual operating budget ordinance adopted by the Town Council.

 

CHAPTER 13. ACCESSORY AND TEMPORARY USES AND STRUCTURES

(e) [Temporary sale of goods.] The temporary sale of goods, other than agricultural products, for retail may be permitted as an Accessory Use under the following conditions:

 

NOTE TO READER: IN THE INTEREST OF BREVITY THE REMAINING TEXT WITHIN THIS STRICKEN SECTION HAS NOT BEEN INCLUDED. THE ENTIRETY OF THIS SECTION WILL BE REPLACED WITH THE PROPOSED LANGUAGE LISTED IN PART 13.3.

(fe) Accessory uses prohibited.

 

(1) Without limiting the provisions and requirements of subsection (a) above, the following activities shall not be regarded as accessory to a principal use on any site and are prohibited in all zoning districts:

 

(a) The use of a travel trailer as a residence, permanent or temporary, with the exception of a trailer used for security for a Temporary Use approved under Section 13.3.1(b)(3)6 of this Ordinance.

 

(b) The use of any motor vehicle (as defined by Section 12-157 of the Code of Ordinances), or trailer or shipping container, as a structure in which, out of which, or from which any goods are sold or stored, any services performed, or other businesses conducted, except the following shall not be prohibited by this subsection:

 

(i) The retail sale of agricultural products, as allowed by Section 13.3.16 of this Ordinance; or

 

(ii) The sale of food products at a Town approved or sponsored event; and or

 

(iiiii) Use of a motor vehicle, trailer or shipping container in connection with an approved recycling operation; or

 

(iviii) Use of a trailer or shipping container in conjunction with construction authorized by a valid building permit; or

 

(viv) Use of a trailer or shipping container for the temporary loading and unloading of goods, provided that no individual trailer or container is in place longer than forty-eight (48) hours.

 

(gf) Temporary accessory uses and structures. Temporary accessory uses and structures not involving the temporary sale of goods, other than agricultural products, shall be governed by the standards and temporary use permit procedures set forth in Part 3 of this Chapter and Chapter 5, Part 3 of this Ordinance.

NOTE TO READER: IN THE INTEREST OF BREVITY THE REMAINING TEXT WITHIN THIS STRICKEN PART HAS NOT BEEN INCLUDED. THE ENTIRETY OF THIS PART WILL BE REPLACED WITH THE PROPOSED LANGUAGE LISTED BELOW.

1. Purpose.

This section allows for the establishment of certain temporary uses of limited duration, provided that such uses do not negatively affect adjacent properties or Town facilities, and provided that such uses are discontinued upon the expiration of a set time period. Temporary uses do not involve the construction or alteration or any permanent building or structure.

13.3.2 Table of Allowed Temporary Uses and Structures.

Table 13.3.2.1 summarizes the temporary uses and structures that are allowed within the Town and any general or specific regulations that apply. Temporary uses or structures not listed in Table 13.3.2.1 are not allowed under this Ordinance.

Table 13.3.2.1.

13.3.3 Prohibited Temporary Uses.

Without limiting the provisions and requirements of this Ordinance, the following activities are prohibited in all districts:

 

(A) Retail sales or display of goods, products, or services within the public right-of-way except as part of an authorized not-for-profit, special, or town-recognized event.

 

(B) Retail sales or display of non-agricultural goods, products, or services from a motor vehicle, trailer, or shipping container. The sale and/or display of agricultural products is exempt from this requirement.

13.3.4 Temporary Use Permits.

All temporary uses and structures that are required to obtain a temporary use permit by Table 13.3.2.1 shall obtain such permit pursuant to the procedures set forth in Chapter 5 Part 3 of this Ordinance. A temporary use permit shall be reviewed, approved, or revoked only in accordance with the regulations of Chapter 5 Part 3 and this Ordinance.

13.3.5 General Requirements for all Temporary Uses and Structures.

All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Ordinance:

(A) The temporary use or structure will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

 

(B) The temporary use or structure will not have substantial adverse or noise impacts on nearby residential neighborhoods.

 

(C) The temporary use complies with all applicable general and specific regulations of this Section and Chapter 5 Part 3, unless otherwise expressly stated.

 

(D) Permanent alterations to the site are prohibited.

 

(E) All approved temporary signs associated with the temporary use or structure shall be removed when the activity ends.

 

(F) The temporary use or structure will not violate any applicable conditions of approval that applies to a principal use on the site.

 

(G) If the property is undeveloped, it contains sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers.

 

(H) If the property is developed, the temporary use must be located in an area that is not actively used by an existing approved principal use, and which would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

 

(I) Tents and other temporary structures will be located so as to not interfere with the normal operations of any permanent use located on the property.

 

(J) Off-street parking is adequate to accommodate the proposed temporary use.

 

(K) All inspections and permits required by applicable construction codes have been made and approved by the Inspections and Permits Department.

 

(L) Applications for temporary structures to be located in or near the 100 year floodplain will be required to submit a plan to the Stormwater Management Engineer for the removal of such structure(s) in the event of a hurricane or flash flood notification. The plan must include the following information:

 

(1) The name, address and phone number of the individual responsible for the removal of the temporary structures.

 

(2) The time frame prior to the event at which a structure will be removed;

 

(3) A copy of the contract or other suitable instrument with a trucking company to insure availability of removal equipment when needed; and

 

(4) Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.

 

13.3.6 Specific Regulations for Certain Temporary Uses and Structures.

1. Expansion or Replacement of Existing Facilities.

(1) Purpose and Scope.

 

Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy, except for minor unpacking and connection to utilities, and designed for removal to and installation at other sites, may be placed on a property to serve as the following:

(a) Expansion space for existing churches, health care facilities, and government offices, provided that plans for the permanent expansion of the existing facilities have been submitted to and approved by the Town.

 

(b) Temporary classroom space to augment an existing school facility, as defined by this Ordinance.

 

(c) Temporary offices for construction and security personnel during the construction of a development for which the Town has issued a grading permit or building permit pursuant to Chapter 5 of this Ordinance.

 

(d) Temporary quarters for recreational facilities which are being provided in conjunction with a new residential development, provided that the Town has approved a site plan or subdivision plan for the development.

 

(e) Temporary quarters for a non-residential use when the permanent building has been destroyed by a fire or other physical catastrophe, provided that a building permit for the permanent facility is obtained within 90 days after approval of the temporary quarters. The Planning Director may approve a written request for an extension of an additional 90 days for good cause shown. Failure to obtain a building permit within the time frame allowed will revoke approval for the temporary quarters.

 

(f) One temporary office per site to include, but not be limited to, the following uses: hiring, membership solicitation, apartment office/leasing, and other general office uses. The number of modular buildings housing such uses shall be limited to one, in addition to those already allowed by this Section. Such modular buildings shall not be placed on the property prior to the issuance of a building permit.

 

(2) Standards and Requirements for Approval.

 

In addition to meeting the general standards of Section 13.3.4, all temporary structures approved pursuant to this section shall meet the following standards and requirements:

1. Location.

Temporary structures allowed under Section 13.3.6 may be located anywhere on site, except within the following areas:

 

(i) Existing vegetated buffers or within the buffer setbacks.

 

(ii) Areas designated for future vegetated buffers whether or not vegetation currently exists.

 

(iii) Other areas designated on the development plan for open space, vehicular use, or ingress/egress.

 

(b) Other Requirements.

 

(i) The temporary structure shall be factory-fabricated and transportable.

 

(ii) Underskirting shall be installed around all temporary structures requiring site plan approval.

 

(iii) In addition to any other off-street parking required on the site, off-street parking shall be provided in accordance with the requirements set forth in Chapter 12 of this Ordinance.

 

(iv) All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained from the Planning Department prior to installation of the temporary structure.

 

(v) For those temporary structures requiring site plan approval, the temporary structure shall be compatible with the existing buildings on the site in terms of exterior color.

 

(vi) Foundation plantings installed in accordance with Chapter 14 Part 1 of this Ordinance shall be required for temporary structures intended for use as temporary recreation facilities.

 

(vii) A sketch plan containing sufficient information to show compliance with the above standards shall be submitted to and approved by the Planning Department prior to installation of the temporary structure.

 

(3) Duration.

 

(a) Temporary structures under this section may remain on the site for no more than 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request, submitted to the Planning Director thirty days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than three years.

(b) Temporary classroom structures for use as part of an existing school facility may be allowed to remain on the site for longer than three years provided that approval to do so has been granted by the Town Council.

(B) Real Estate Sales Offices and Model Sales Homes.

 

(1) General Requirements.

 

One temporary real estate sales office or model sales home may be allowed as incidental to a new residential or nonresidential development provided that:

(a) The use is located on a single-family lot or within a multi-family development that was approved by the Town as part of a residential development, or within a nonresidential area of an approved planned unit development.

 

(b) Signage shall comply with the regulations found in Table 13.3.2.1.

 

(c) The temporary use is aesthetically compatible with the character of the community and the surrounding development in terms of exterior color, predominant exterior building materials, and landscaping.

 

(d) The temporary use complies with the minimum yard and setback requirements of the zoning district in which it is located.

 

(e) Parking spaces shall be provided on the lot in a number sufficient to meet the requirements set forth for offices in Chapter 14 of this Ordinance.

 

(f) For single-family developments, at least 300 square feet of evergreen plantings shall be provided around the base of the temporary use; one street tree shall be provided per 40 feet of street frontage of the lot on which the structure is located; and one ornamental tree shall be provided per 20 feet of street frontage, pursuant to the general landscaping requirements of Chapter 14.

 

(g) A site plan, containing sufficient information to show compliance with the above standards, shall be submitted to and approved by the Planning Department prior to installation of the sales office.

 

(h) The temporary use shall connect to both town utilities if they are within 450 linear feet to the property.

 

(i) If the utilities are not within 450 linear feet, private water and/or septic systems may be allowed if deemed appropriate by the Planning Director.

 

(j) Upon termination of the temporary real estate sales office or model sales home, the structure will be converted into, or removed and replaced with, a permanent residential use.

 

(k) In approving or renewing approval of a real estate sales office, the Planning Director may impose other requirements as he or she deems necessary to avoid adverse impacts that the use as a sales office may have on adjacent properties or the community as a whole.

 

(2) Duration.

 

(a) Temporary Real Estate Sales Offices.

 

Temporary real estate sales offices may be approved for a period of up to one year. This period may be renewed for two additional 12-month periods, but not exceeding a total of three years, for good cause shown, upon approval of a written request for such an extension by the Planning Director, filed thirty days prior to the expiration date of the existing approval. All temporary trailers shall be removed from the site prior to the issuance of the last certificate of occupancy for the site.

 

(b) Model Sales Homes.

Model sales homes may be approved for a period of up to three years. this period may be renewed for additional six-month periods, for good cause shown, upon approval of a written request for such an extension by the planning director. There is no time limit on the use of model units for rental housing.

(C) Sale/Display of Goods Other than Agricultural Products.

 

(1) Applicability.

 

Merchants may display and/or sell goods in the Town on a temporary basis without establishing a permanent place of business, subject to the standards and requirements set forth in this section. Receipt of Peddler’s Permit from the Police Department does not exempt a merchant from the need to obtain a temporary use permit for such sales.

(2) Location.

 

(a) The outdoor display and/or sale of goods consistent with the provisions in Section 13.1.13 is considered as an accessory use and does not need to obtain a temporary use permit.

 

(b) The proposed display and/or sale of goods, products and/or services for commercial purposes may not occur within 200 feet of an occupied residential dwelling unit.

 

(c) Commercial Sales.

 

A temporary display or sale of goods for commercial purposes shall take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site.

 

(d) Non-Commercial Sales.

 

A temporary sale of goods for public or institutional purposes may take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site. Upon approval of the Planning Director, such sales may take place on public property, including: public parks owned or maintained by the Town, public street rights-of-way, any other property owned by the Town, a special district, or other political subdivision of the State of North Carolina.

 

(3) Similar Products, Goods, and Services.

 

A temporary display or sale of products, goods and/or services for commercial purposes shall be limited in scope to similar or complimentary products, goods, and/or services to those offered by the existing principal use located upon the same site. The temporary sale of non-agricultural products, goods, and/or services which differ from the normal range of those offered by an existing principal use shall be prohibited.

 

(4) Submittal Requirements.

 

The operator of the temporary sale of products, goods and/or shall provide the Planning Department with the following:

 

(a) Written permission from the property owner.

 

(b) A sketch plan showing:

 

(i) The location of any tent or temporary structure to be used.

 

(ii) The location of pedestrian, vehicular, and emergency ingress and egress over the entire property, including pedestrian access to streets, driveways, and parking areas, and obstructions of vehicular rights-of-way.

(iii) The location and number of available off-street parking spaces to serve the temporary sale of goods.

 

(iv) The location, size, color, and design of all temporary signs in accordance with Chapter 13 Part 2 of this Ordinance.

 

(v) Electrical power connections, if applicable.

 

(5) Hours of Operation.

 

The hours of operation of the temporary sale of products shall be from no earlier than 7:30 am to no later than 10:00 pm, or the same as the hours of operation of the principal use, whichever is more restrictive.

(6) Duration; Sales per Year.

 

(a) The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than 90 total days per calendar year.

 

(b) The number of temporary sales of products per site per calendar year shall not exceed three (3). For the purposes of this section, "site" shall mean the entire parcel, including out-parcels, whether it is a single tenant, multi-tenant, or shopping center use.

 

(7) Required Findings.

 

The Planning Director shall issue a temporary use permit for the temporary display and/or sale of products only upon a finding that the proposed use satisfies the following requirements:

(a) The property contains an area that is not actively used which would support the proposed temporary sale of products without encroaching into or creating a negative impact on existing buffers, open space, landscaping, traffic movements, or parking space availability.

 

(b) Tents and other temporary structures will be located so as not to interfere with the normal operations of any permanent use located on the property.

 

(c) All tents and other temporary structures shall match the predominant color of the principle structure on the premises or be of a neutral or earth tone color.

 

(d) Off-street parking is adequate to accommodate the proposed sale of products, and that the temporary use will not occupy any existing parking required for the principal use.

 

(e) The temporary sale of products will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided throughout the town and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic.

 

(f) All inspections and permits required by applicable construction codes have been made and approved by the Planning Department.

 

(D) Sale of Agricultural Products Grown Off-site.

 

(1) Agricultural Products Defined.

 

For the purposes of this Section, agricultural products are defined as products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, firewood, and pinestraw; bees and beekeeping products; seafood; and dairy products. For the purposes of this section, processed or prepared food products of any kind shall not be considered as agricultural products.

(2) Approval Criteria.

 

(a) The temporary sale of agricultural products grown off-site may be allowed subject to issuance of a temporary use permit pursuant to Chapter 5 of this Ordinance. Temporary sales of agricultural products shall meet all requirements for temporary sale of non-agricultural goods set forth in Section 13.3.6(C) above; however, the temporary sale of agricultural products for commercial purposes may occur from a vacant lot, in addition to a developed site where the principal use is retail sales.

(b) The temporary sale of agricultural products grown off-site is exempt from the requirement for similar products, goods, or services to those offered by an existing principal use as required under the provisions for the temporary sale of non-agricultural products.

(c) The temporary sale of agricultural products grown off-site may be accomplished from a vehicle, trailer, or shipping container, provided such vehicle, trailer, or container is located in accordance with the provisions of 13.3.5 of this Ordinance.

1. The temporary sale of agricultural products grown off-site shall be allowed on an individual parcel or site for no more than 180 total days per calendar year.

(e) The number of temporary sales of agricultural products per site per calendar year shall not exceed three (3).

(E) Sale of Fireworks

 

(1) Approval Criteria.

 

The temporary sale of fireworks may be allowed subject to issuance of a temporary use permit pursuant to Chapter 5 of this Ordinance. Temporary sales of fireworks or other pyrotechnics shall meet all requirements for temporary sale of non-agricultural goods set forth in Section 13.3.6(C) above; however, the temporary sale of fireworks or pyrotechnics are exempt from the similar product provisions which apply to the sale of other non-agricultural products.

 

13.3.7. Events.

1. Purpose and Intent.

The purpose for this section is to establish permit requirements, allowable time frames, and submittal requirements for four (4) recognized types of events.

 

These provisions are intended to address potential significant negative impacts to public or private properties from events or event-related activities, not to prevent such activities from occurring or to unduly restrict private events.

 

Notwithstanding these provisions, the Planning Director may use discretion in determining the type of event, or which criteria need to be addressed under a temporary use permit for a particular event.

2. Types of Events.

1. Town-recognized Event.

A town-recognized event is one which is in part or wholly sponsored by the Town, recognized by the Town, or proclaimed as a Town-recognized event by the Town Council. Such events shall include only those events listed on the Town-recognized Event List as maintained by the Town Clerk. The Town-recognized Event List may be amended as needed by the Town Council.

 

(2) Not-for-profit Event.

 

A not-for-profit event is any event which is requested by, or held for, a recognized non-profit organization or other charitable organization, with at least 51% of the revenue derived from the event intended for a not-for-profit entity or for its programs.

 

(3) Special Event.

 

Special events are any organized event, specifically including, but not limited to: a circus, carnival, cultural event, fair, celebration, communal camping, ground-breaking, grand opening, religious service, musical or other show, which reasonably may be expected to attract 100 or more persons, but which do not meet the criteria of a Town-recognized event or a not-for-profit event.

(4) Private Event.

Private events are any organized event which is not open to members of the general public, typically has a duration of less than twelve (12) hours, and which is not expected to have significant negative impacts on surrounding properties. Examples of such events include, but are not limited to wedding ceremonies, funerals, private parties or other similar gatherings.

 

(C) Permit Required.

 

(1) No special event or not-for-profit event, as specified above shall be permitted unless a temporary use permit has first been obtained in accordance with this Section and the procedures of Chapter 5, unless otherwise specified in this Section.

 

(2) The requirement for a temporary use permit may be waived in whole or in part, upon the Planning Director’s findings that the proposed event creates little or no risk of non-compliance with those factors set forth in this Section.

 

(3) Any application to hold a special event or not-for-profit event shall be made in advance of the event.

 

(4) A permit to hold a special event or not-for-profit event issued to one person or organization shall permit any person to engage in any lawful activity in connection with the holding of the permitted assembly.

(D) No Permit Required.

(1) The following types of events do not need to obtain temporary use permits, but may be subject to the maximum allowable time frames, temporary signage requirements, and specific regulations as listed in Table 13.3.2.1 above:

(a) Town-recognized events.

 

(b) Athletic events held at approved sports facilities.

 

(c) Temporary not-for-profit car washes held on developed sites.

 

(d) Garage and/or yard sales.

 

(e) Block parties occurring entirely upon the grounds of a private residence or common area of a multi-family residential development.

 

(f) Other events with 99 people or fewer in attendance provided there is little likelihood of damage to public or private property, injury to persons, public disturbances or nuisances, unsafe impediments to pedestrian or vehicular travel, or other significant adverse effects upon the public health, safety, or welfare.

 

(g) Private events.

 

(2) The Planning Director may require any of the proposed events listed above to obtain a temporary use permit upon the finding that such event poses a significant risk of damage to public or private property, injury to persons, public disturbances or nuisances, unsafe impediments to pedestrian or vehicular travel, or other significant adverse effects upon the public health, safety, or welfare.

 

(3) Events which occur or take place entirely within the boundaries of a parcel or parcels which possess development plan approval for such activities (i.e. assembly halls, convention centers, amphitheaters, or event centers).

 

(E) Term of Approval/Permit.

 

Table 13.3.2.1 lists the maximum allowable time frame for all allowable events. The Planning Director may extend the consecutive-day limit or the annual limit upon approval of a written request for such an extension, and upon a finding that there will be no substantial adverse impact on surrounding property, public facilities and services, or the community at-large.

(F) Additional Planning Requirements.

 

In addition to meeting the general standards of Section 13.3.4, all not-for-profit and special events shall also meet the planning requirements set forth below. The Planning Director shall be responsible for determining the adequacy of submitted plans.

(1) An adequate plan for security and safety shall be implemented on and around the site of the event, including sufficient staffing, provision for pedestrian safety, restroom facilities (if necessary), and traffic routing.

 

(2) An adequate plan for public health, safety, and welfare on, around, and outside the site of the event shall be implemented, including a showing that the event will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided throughout the Town and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic.

 

(G) Submittal Requirements.

 

All applications for special and not-for-profit events shall include such information and supporting materials as are required by the Planning Director, including, but not necessarily limited to, the following:

(1) A description of the proposed event, including the event’s starting date and time, the event’s ending date and time, the date and time preparatory activities will commence, and the date and time of completed post-event clean-up.

 

(2) The location of the property(ies) upon which the proposed event will take place.

 

(3) A security plan.

 

(4) A parking plan.

 

(5) Evidence of the non-profit status of an applicant or event beneficiary if not-for-profit event status is being requested, as well as a signed affidavit from the event sponsor indicating that at least 51% of the revenue generated by the event is intended for a recognized 501(c)(3) or 426(c)(3) organization.

 

(6) A statement as to whether the applicant has requested the Town Manager to apply the provisions of Section 4-7 of the Code of Ordinances during the event. If the applicant desires to have the provisions of Section 4-7 apply, the applicant shall also provide evidence that all reasonable attempts will be made to notify the public that animals will not be permitted within the boundaries of the event. Public notification shall include notice in all advertisements and the posting of notices on the property immediately before and during the event. All such notices shall state that animals are prohibited and shall refer to Section 4-7 of the Cary Code of Ordinances.

 

(7) A statement as to whether the applicant has requested the Town Manager to apply the provisions of Section 14-28(e) of the Code of Ordinances during the event prohibiting the sale, use, and possession of fireworks type items that might otherwise be permitted pursuant to N.C.G.S. 14-414 ("non-exploding fireworks"). If the applicant desires to have the provisions of Section 14-28(e) apply, the applicant shall also provide evidence that all reasonable attempts will be made by the applicant to notify the public that non-exploding fireworks will not be permitted within the boundaries of the event. Public notification shall include notice in all advertisements and the posting of notices on the property immediately before and during the event. All such notices shall state that all pyrotechnics and fireworks including non-exploding fireworks like smoke bombs, sparklers and party poppers are prohibited and shall refer to Section 14-28(e) of the Cary Code of Ordinances.

ADOPTED: 9/12/02

EFFECTIVE: 9/12/02

(Ordinance 02-021 is also on file in the town clerk’s office.)

_________________________

This item was approved immediately following the variance public hearing.

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REZONING HISTORY

1996 Residential-30 to Residential-8 (CU) – Approved

DESIGN GUIDELINES

Staff has suggested to the applicant that a conceptual elevation and conceptual footprint of the church facilities will help staff and the neighbors develop a higher comfort level with this aspect of the rezoning. The applicant has indicated that the proposed church will be compatible with the surrounding residences, but staff desires a higher level of commitment. Submitting conceptual plans at the rezoning stage may help the applicant avoid major site design issues, and help staff to determine if the Design Review Guidelines are being met before the site plan is officially submitted.

WATER/SEWER SERVICE

Staff Remarks:

The proposed development complies with Town of Cary utility policies.

TRANSPORTATION

Traffic Impact Analysis Required: Yes [ ] No [ x ]

A 50,000 sq.ft. Church during the AM peak hour will generate 36 trips. The PM peak hour will generate 33 trips. Average daily traffic (ADT) is 456 trips per day. The Sunday ADT is 1832 trips. The Sunday peak hour is expected to generate 475 trips. The Sunday peak hour volume (638) on Trinity Road with the 50,000-sq.ft church is less than the existing PM peak hour volume of 711 vehicles. If a daycare is provided, a traffic impact study may be required due to a possible increase in traffic volume.

Per the Town’s Thoroughfare Plan, Trinity Road is designated to have a 33’ back-to-back cross-section consisting of two 14’ wide travel lanes. The road will need to be widened to allow for three lanes where a full service driveway is approved. Acquisition of 120’ right-of-way is required to allow expansion to 6 lanes if proved necessary by a study. Based on MapInfo, there appears to be approximately 60’ of right-of-way existing. The 120’ ultimate right-of-way requirement would require that each side dedicate 30’ of additional right-of-way.

Engineering staff supports the deletion of conditions relating to Trinity Road access points, as well as to King Lawrence Road. Trinity Road access points would best be determined when a site layout has been determined, when topographic information has been gathered and sight distance requirements have been verified. The condition regarding access to King Lawrence Road is not a viable condition due to the fact that the property does not have direct access/or front onto King Lawrence Road.

ENVIRONMENTAL CONSIDERATIONS

The project will be required to address the Nitrogen Removal Ordinance of the Town of Cary. According to the information available to me there are stream buffers associated with the property.

LAND USE PLAN

The Land use plan identifies the property for medium density residential, 3-8 units per acre. A mixture or residential uses including single family detached uses, semi detached units, and single family attached units, duplexes, and triplexes, townhouses and low-rise apartments.

The growth map of the Plan does not attempt to pre-select and identify the location of the full range of land uses, which are likely to occur and serve the community. A church use needs to be considered in accordance with the general spirit and intent of the Plan. In general churches have normally been held to be acceptable uses in a residential neighborhood. However, acceptability is based upon consideration with respect to compatibility with the adjoining neighborhood.

OPEN SPACE CONSIDERATIONS

The Henry and Maynard (9.5-acre) tracts are predominately forested. Open Space Historic Resources Plan (OSHRP) identifies significant resource area of mixed upland hardwoods along the north-facing slopes at the southern end of these parcels. The site also has mature vegetation at the front of the site facing Trinity Road.

This is important, as there are existing constraints on the site such as mature trees, stream buffers and requirements to provide connecting access to facilitate the future development of adjoining property. A conceptual layout plan should be provided to see how the proposed church use relates and accommodates these constraints, to show that "everything fits together." A conceptual plan is also necessary to ascertain the loss of resources and to determine if the applicant meets the intent of the OSHRP.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

None.

Changes Since Public Hearing:

There have been changes made by the applicant since the public hearing. They are listed under "proposed conditions" above in italics with **.

Valid [ ] Invalid [ ] None Filed [x]

There were several items of concern raised at the public hearing for this rezoning request. Since the public hearing staff has met with the applicant to facilitate resolution of these concerns as well as additional staff comments. The applicant has attempted to address a few of the issues by submitting a sketch plan, however the sketch plan fails to adequately address staff’s comments. There are still major areas of concern regarding access, the Open Space Plan, design guidelines and compatibility with the adjacent neighborhood.

With the evaluation of the above issues staff has identified a list of pros and cons concerning this request.

Pros

• This use is considered a low generator of traffic volume.

• Conditions for access to King Lawrence Road and Trinity Road have been removed.
• This request complies with Town of Cary utility policies.

Cons

• Does not meet intent of the Land Use Plan.
• Does not meet the requirements of the Open Space Plan.
• Insufficient with respect to the Design Review Guidelines.
• Compatibility with the surrounding neighborhood.
• Connectivity Ordinance with respect to a future street stub to the Gregory property.

• Insufficient buffers abutting residential properties.

Staff recommends denial of this request. However if approved, Staff recommends that no concept plan be made part of this rezoning request.

In accordance with a request from staff, Mr. Dawson made a motion to table this item and direct it back to staff and the applicant in order to more actively pursue compromising on a more defined concept plan as soon as possible and keeping the Gregory family informed at the same time, which was seconded by Mr. Portman, and the Board voted (9-0).

The Planning Board unanimously recommended approval with the stipulation that no concept plan be made part of the rezoning.

The power point presentation is attached to and incorporated in these minutes as Exhibit G. Mr. Yerha stated the outstanding issues are site plan issues, and do not have to be tied to the rezoning. Mr. Shearin of the planning department stated staff feels that a church use on the property is appropriate. He stated staff was attempting to follow-up from the public hearing comments regarding connectivity, buffers, etc. He stated one of the issues that came up was the open space plan, since one of the areas identified on the plan has a significant resource. He stated all of the outstanding issues can be addressed through the site plan process.

_________________________

During the public hearing and subsequent internal staff discussions on these amendments, several items of concern have been expressed. A summary of these issues is listed below:

• The possibility that the proposed amendments may have the negative consequence of increasing densities for certain types of residential uses in the RM and DR districts by removing minimum lot sizes and changing setbacks.
• The potential for loss of common open space through the removal of minimum lot sizes and the resultant utilization of marginal land for more dwelling units (as opposed to retention of this land for open space).
• The necessity of making changes to the text governing lot sizes and setbacks in downtown residential districts like the DR (Downtown Residential) district in light of upcoming Town Center Area Plan implementation efforts.
• The need for a greater understanding of how these proposed amendments will benefit all citizens in Cary.

Based upon these concerns, the Staff has made substantial modifications to the staff report and adjustments to the proposed amendment language since the public hearing on 5/23/02. The modifications have been proposed as a method to focus on concerns while also assuring that the original purposes for the amendments continues to be addressed. Each of the modifications is listed below.

1. Removal of proposed changes to the Downtown Residential (DR) district.

 

This district has been removed from this ordinance amendment since the forthcoming Land Development Ordinance (new UDO) will replace this district and all associated standards with a new Town Center District. These new standards will address residential lot sizes and other dimensional requirements.

 

2. Removal of minimum lot sizes for certain uses in the Residential Mixed (RM) district.

 

The current UDO provisions regarding lot sizes and density are somewhat confusing, and have resulted in administrative difficulty. To simplify the development review process, the staff has removed the language related to minimum lot sizes for certain residential unit types in favor of a maximum residential density provision. The maximum density figures have not been increased beyond that currently available in the UDO. To address concerns about increased densities (due to removal of minimum lot sizes), the Staff is also proposing increased requirements for common open space.

 

3. Removal of the maximum building footprint requirements in the Residential Mixed (RM), Residential Multi-Family (RMF-8 & RMF-12) districts.

 

The requirements are in direct conflict with other lot size and maximum residential density provisions found in the UDO. As a result of this conflict, the Staff made an administrative interpretation in the 1990’s that the maximum building footprint requirements would not be implemented. As a result, this amendment proposes to remove this wording within the RM and RMF districts.

 

4. Reduction of the front and rear yard requirements from local and private streets.

 

The current UDO requires that all residential structures in the RM and RMF districts maintain aggregate front and rear yards of 40 feet when the structure fronts a local or private street (the actual front yard setback distance varies based upon the presence or absence of parking between the residential structure and the edge of the street). The Staff believes that these provisions are appropriate for traditional single family homes and patio home developments, but that these requirements are not practical for duplex, townhouse, or other attached dwelling unit developments since the yard requirements create a "de facto" minimum lot size which is not flexible, and is incapable of responding to different site or market conditions. The Staff has proposed reducing the aggregate front and rear yard requirements (from local and private streets) from 40 feet to 20 feet for duplex, townhome, and attached dwelling units in the RM and RMF districts. Note that the existing setbacks from collectors and thoroughfares remain unchanged.

 

5. Addition of new common open space requirements for certain residential unit types in the Residential Mixed (RM), Residential Multi-Family (RMF-8 and RMF-12) districts.

Several concerns have been expressed during and after the public hearing that reducing the minimum lot sizes and reducing setbacks for certain types of residential units would lead to an increase in the total number of units which could be constructed as part of a development project. In recognition of these concerns, the Staff has added a requirement that twenty percent (20%) of a development parcel’s area be recorded as common open space (excluding dedicated right-of-way). This requirement would apply to projects constructing patio homes, duplexes, townhouses, or multi-family structures.

 

It is important to note that these types of projects are already required to reserve 500 square feet of common open space per dwelling unit as described in UDO Section 15.2.2. This 500 square feet per dwelling unit could be credited towards the 20% requirement, but a project would be required to reserve whichever yielded more open space. In addition, the 20% requirement could be reduced to 10% of the parcel’s area if existing significant and healthy trees located outside of all required landscaping areas (perimeter & riparian buffers and streetscapes) are maintained. However, the ability to reduce the amount of recorded open space based upon tree retention does not negate the requirement to reserve 500 square feet of open space per unit.

 

After researching recently-approved projects, the Staff has determined that the proposed 20% open space provision will yield more common open space than that provided based upon the 500 square feet per unit provision in Chapter 15 of the UDO except in apartment developments. In addition, the 20% requirement should adequately address the concern that the removal of minimum lot sizes will lead to increased densities in the RM and RMF districts.

 

Following the public hearing, several questions have arisen as to how these proposed amendments benefit the citizens of Cary. There are four intended benefits to existing and potential Cary residents:

• Increased diversity of housing stock
• Increased opportunities for home ownership
• Increased lifestyle choices
• Increased provision of common open space

Over the past few years, the Town has adopted several new sets of regulations which have placed additional demands on developers and development in the Town, like: expanded stream buffers, an open space plan, the inability to plat into required buffers, design guidelines which control the arrangement of structures on a lot, and many other demands. At the same time, the Town has not added any flexibility to the other provisions in the UDO related to lot sizes or required yards.

The current regulatory climate can limit home ownership opportunities as well. The requirement to have a minimum lot size in the RM district has made it necessary for developers to offer a condominium-style residential product when the residential market may have preferred a townhouse or attached single family-style product. Removal of the minimum lot sizes within the RM district will allow developers more flexibility in offering their units as condominiums or townhomes, or attached single family units. The increased flexibility offered to developers may make the possibility of home ownership more attractive to different market segments who wish to own the land beneath their dwelling unit.

Recent construction trends have shown that more and more of today’s homebuyers are looking for smaller individual lots to maintain. This amendment responds to these market choices by allowing developers to devote less space to private lots in favor of greater provision of common open space. As a result, prospective homebuyers in Cary have more choices about the size of yard they would like to maintain.

Finally, the proposed requirement to preserve more open space will lead to greater retention of common open space in the higher density residential developments occurring in the RM and RMF districts.

This concludes the substantive changes to the staff report and amendment language which occurred as a result of concerns expressed during the public hearing and internal meetings with the staff.

See Exhibit H attached to and incorporated in these minutes for the power point presentation. Mr. Yerha explained how the ordinance increases the provision of open space. He stated when developing these residential units, the developer needs to reserve 500 square feet per unit as common open space. He stated the ordinance requires developers to provide 20 percent of the entire project area as open space or 500 square feet per unit, whichever is more. He stated staff did a survey of recently approved projects, and applying the 20 percent vs. the 500 square foot calculation results in more open space in most cases.

Mr. Barker of the planning staff stated that the current ordinance requires a 40 foot combined rear and front yard for townhomes and patio homes. He stated staff has reduced the front and year yard in townhome developments and semi-attached developments to 20 feet front and rear. He stated this provides more flexibility in the lot sizes for these units. He stated staff added the 20 percent open space provision to ensure that the space gained by less front and rear yard can be put back into the 20 percent open space calculation. He stated the ordinance transfers open space from front and rear yards to common open space. He stated it provides an incentive for developers to find ways to save open space with their design.

Mrs. Robinson stated in the Washington, D.C. area, developers build townhomes very close together, and this ordinance does not have a provision to prohibit this type of abuse. She stated she likes the other elements of the ordinance, but she cannot support it due to the risk.

Mr. Weinbrecht stated he feels the ordinance is very hard to understand.

Mrs. Robison asked staff to look at the possibility of an amendment to the ordinance to address Mrs. Robinson’s concern.

(Ordinance 02-022 is attached to and incorporated in these minutes by reference.)

_________________________

Staff and consultants began work on the Northwest Cary Area Plan – a comprehensive master plan covering about 8,120 acres – in mid-January, 2002. The Plan provides analysis and recommendations for:

• Land Use (locations of future land uses)
• Transportation (auto, bike, pedestrian, transit)
• Parks, Greenways, and Open Space
• Schools
• Stormwater Management and Water Quality
• Implementation of the Plan

The plan was developed with staff from four departments: Planning, Engineering, Parks, Recreation, and Cultural Resources, and Public Works and Utilities. Consultants provided traffic modeling and transportation analyses and recommendations, water quality analyses and recommendations, market demand and economic analysis, and assisted with land design and workshop facilitation.

Public involvement: Community Open Houses were held on March 11 and April 22, with direct-mail meeting announcements sent to all property owners and tenants within and adjacent to the planning area. There was an official public comment period from June 24 through July 8, and a public hearing on June 27, with direct-mail announcements sent to anyone who had attended an open house or provided other comments during the plan development process. Throughout the process, meetings with individual citizens and land owners were held whenever requested, including two community meetings held by the Wake Road/Alston Avenue "Lost Corners" community.

The Planning & Zoning Board evaluated the plan at work sessions on July 15, Aug. 1, and Aug. 14. At these meetings, staff and the Board recommended a number of amendments to the plan in response to citizen comments, Board concerns, and further staff review. The recommended staff amendments are listed below as Illustration 1, and the Board amendments as Illustration 2. At their August 19 meeting, the Board voted unanimously to recommend approval of the Plan, with all of the amendments listed in both Illustrations 1 and 2. The plan maps and document have been updated to reflect the amendments endorsed by both the Planning & Zoning Board and town staff.

Staff and the Board are in full agreement with each of the amendments except for amendment "M1" under "Map Changes" in Illustration 2, which states: "For properties adjacent to the Army Corps of Engineers property, require conservation subdivision design to be used for any development that occurs as Medium Density Residential. Conservation design is not required for development that occurs as Low Density Residential."

Staff does not feel this amendment is necessary, for the following reasons:

• The only area in the NW Cary Area Plan that would be affected by this amendment are (a) the areas annotated with label #10 on Map 1: Future Land Use, comprising about 270 acres overall, and (b) the southwestern-most of the three areas with label #8 on Map 1, comprising about 78 acres. (These areas all occur within Amberly PUD, and correspond to happen to be the Active Retirement (AR) tracts, plus tract MF-2a, and the portion of tract MF-2 that is south of the lake and west of Amberly Drive tracts in the current Amberly PUD submittal.)
• The existing, approved Amberly PUD already has some medium- and high-density housing already approved in the northernmost of the three AR tracts, and a shopping center approved within the central AR tract. Conservation subdivision design is not currently required for these areas in the approved PUD.
• The NW Cary Area Plan, Map 1, recommends either Low Density Residential (1-3 units/acre) or Medium Density Residential up to 6 units per acre maximum for the areas with label #10 these tracts. This will allow a range of single family homes, patio homes or townhomes to be built in this area. The plan recommends Medium to High Density Residential up to a maximum of 10 units per acre for the area labeled #8 on Map 1.
• If amendment M1 were adopted, then conservation subdivision design would be recommended if this portion of Amberly were to build at densities over between 3.01 and 6 units per acre overall. Suppose the owner wished to build patio homes at an average density of 6 units per acre in the areas labeled #10 on Map 1 (corresponding to the AR tracts in the current Amberly PUD submission). Using conservation subdivision design, at least 50% of the 270 acres (i.e., 135 acres) would need to be in permanent open space, with development clustered onto the remaining 135 acres. Over the remaining 135 acres, the site density would need to be 12 units per acre, in order to achieve 6 units per acre over the entire 270 acres. But, at 12 units per acre the housing product would probably have to be multifamily garden apartments or condominiums, and not patio homes. Staff feels the plan would then be over-supplied in multifamily housing, especially senior multifamily housing.
• Staff feels that conservation subdivision design is not essential in this location for protection of lake water quality, because: (a) the Jordan Lake Reservoir is still about 2 miles west of the area, (b) water quality modeling done in conjunction with the plan revealed acceptable impacts for the plan area overall, provided that the plan’s best management practices and performance targets for water quality are followed, and (c) the wide 400 ft. conservation corridors that should be preserved along Nancy Branch and Morris Branch will provide an additional 18 acres of Open Space in Amberly, providing a significant water quality benefit.

1. Land Use:
1. Add language that provides a sample list of regional magnet uses that could be accommodated in the NWCAP.
2. Add "farmer’s market" to the list of possible uses for the Eastern Terminus Amenity at Historic Carpenter.
3. Amend the plan definition of Very Low Density Residential to lot sizes of at least 2-3 except for VLDR areas recommended for clustered/conservation development, in which case the density could be at most 1 unit per acre.
4. Amend the plan definition of Low Density Residential to a density between 1-3 units per acre, consistent with other low-density area land use classifications in the Town of Cary.
2. Transportation:
1. Specify that wide outside lanes are still to be provided.
2. Indicate that on-road bike routes should be clearly marked, signed.
3. Specify that N-S thoroughfares having parallel multi-use paths should minimize driveway access, roadway intersections
4. Indicate that multi-use paths running parallel to roadways should be set back far enough from ROW.
5. Consider multi-use paths on E. and W. side of N-S streets to minimize conflicts.
6. Add language to indicate the roadway links, such as Kitt Creek extension, will be revisited with the update of the Cary Comprehensive Transportation Plan.
3. 100-foot corridors:
1. Amend text to clarify that corridor widths can vary (just as for the open space corridors), perhaps as long as a certain minimum overall width of is attained.
2. Amend plan text to clarify that corridors narrow at intersections, so that multi-use paths can cross at the crosswalk of intersections.
3. Reevaluate whether the multi-use path paralleling Green Level to Durham Road, north of Kit Creek, is necessary so long as the path paralleling the West Side of NC55, north of Kit Creek, is provided.
4. Transit:
1. Amend the plan to include identification of corridors where additional R