CAROLINA BEACH PLANNING AND ZONING MEETING AGENDA JANUARY 12, Council Chambers Regular Meeting 6:30 PM

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1 CAROLINA BEACH PLANNING AND ZONING MEETING AGENDA JANUARY 12, 2017 Final Council Chambers Regular Meeting 6:30 PM 1121 N. LAKE PARK BLVD. CAROLINA BEACH, NC CALL MEETING TO ORDER 2. APPROVAL OF MINUTES a. Planning and Zoning - Regular Meeting - Dec 8, :30 PM 3. STAFF REPORT ON RECENT COUNCIL MEETING(S) 4. PUBLIC DISCUSSION a. Clarify code allowances for itinerant merchants (Requested by Ed Parvin, Planning & Development) b. Consider amending Chapter 40 Sec to allow for Animal Care Facilities In The I-1 and HB zoning district with standards. (Requested by Jeremy Hardison, Planning and Zoning) 5. NON-AGENDA ITEMS 6. ADJOURNMENT Carolina Beach Page 1

2 2.a CAROLINA BEACH PLANNING AND ZONING MEETING MINUTES DECEMBER 8, 2016 Final Council Chambers Regular Meeting 6:30 PM 1121 N. LAKE PARK BLVD. CAROLINA BEACH, NC I. CALL TO ORDER & ROLL CALL II. III. IV. APPROVAL OF THE MINUTES 1. Planning and Zoning - Regular Meeting - Oct 13, :30 PM - Commissioner Davis made a motion to approve the minutes. It was seconded by Commissioner Cottrell. All in favor (7-0). STAFF REPORT ON RECENT COUNCIL MEETING(S) There were no planning items on the agenda for the November 1 Town Council Meeting. STAFF REPORT ON PLANNING & DEVELOPMENT ACTIVITIES Mr. Hardison presented the Commission with an update on the functions and projects of the Planning Department. V. PUBLIC DISCUSSION 1. Text Amendment: Consider amending Chapter 40 Sec , , , and Chapter 14 Sec to address standards and allowance for aircraft takeoff and landing zones. Applicant: Town of Carolina Beach - Discussed (Requested by Jeremy Hardison, Planning and Zoning) Chairman Reynolds asked Mr. Hardison to clarify the 12 month period. If it was consecutive or calendar. Mr. Hardison answered that it is any 12 month period. Chairman Reynolds then asked if you would have to come before Council to use each of the four permits. Mr. Hardison responded that an applicant would have to come before Council to obtain each permit. Commissioner Kennedy asked if there was a maximum number of special events or if there was criteria to limit them. Mr. Hardison explained that the proposed ordinance addresses just the aircraft component. Commissioner Kennedy asked if there were guidelines for the specific type of special event. Mr. Hardison answered that it was limited by a max number of four permits for aircraft use and would have to be granted by Town Council. Minutes Acceptance: Minutes of Dec 8, :30 PM (APPROVAL OF MINUTES) The Commissioners requested clarification on the language restricting four permits to operator, owner, parcel. Chairman Reynolds made a motion to open the Public Hearing and it was seconded by Commissioner Bloemendaal. All were in favor (7-0). Jessica Ward, 4956 Long Beach Road #14, Southport. Pleased that the Town has considered putting into the ordinance some allowances for special events. Hosts educational events about aviation, speaks at Brunswick County schools, believes can bring value to the Town by being able to offer these experiences. Wants to work with Carolina Beach Page 1 Packet Pg. 2

3 Minutes Planning and Zoning December 8, 2016 the community and children to bring this benefit. Believes that scenic tours should not be limited to just one permit per day. During the tours she offered in 2015, Ms. Ward was surprised by how many residents participated in the event. Ms. Ward believes her business attracts people from the area, would also help support other local business by bringing additional tourism dollars. Is aware there are concerns with noise, has offered to change flying altitude and route. Ms. Ward presented s from residents in support of helicopters. These s presented statistics on safety, compared noise to no worse than that from local restaurants and other events. Hopes the Commission will consider allowing for more permits than just four per year. 2.a Mark Grady, 1108 North Lake Park Blvd. Mr. Grady is also a pilot, used to fly for traffic reports. Has been an air aviation instructor. Feels the concerns about safety is emotionally driven and not based on actual fact. Helicopter accidents are rare and extremely slim. Heather Arnold, 917 Carolina Sands. Great opportunity for her children to have the opportunity to see the amazing place where they live. Will help benefit the island because of the added tourism. David Pierce, 917 Basin Road. Feels if helicopters are allowed they should be regulated, but Carolina Beach should be careful when deciding to prohibit an entire type of business. In order to be a family beach the Town needs attractions. The more attraction to Carolina Beach, the better the economy for all businesses. Michael Hogan, 1510 Carolina Beach Ave North. Believes it would be good for the community to have more attractions. Lives with the current noise from party boats and restaurants. Debra Benson, 712 Monroe. Agreed with Mr. Grady that driving is much more dangerous than helicopters. Would love to give the community the opportunity for helicopters. Eddie Coats, 813 Kenneth Ave. Businesses depend on tourism. He is for anything that brings business to Carolina Beach. Jeff Moss, 2555 St James Drive, St James. Financial stakeholder in High Tide Helicopters. Army trained aviator. Encouraged the Commissioners to get their facts from the FAA. Helicopters are used in the VA setting to treat people with PTSD with helicopters. Drent Outland, 221 Longmeadow drive, Wilmington. Helicopter pilot. The allowance for helicopters will bring many more tourists to Carolina Beach. Minutes Acceptance: Minutes of Dec 8, :30 PM (APPROVAL OF MINUTES) Lee Revis, 518 Spencer Farlow. Owns homes in several other beach communities, all of which offer helicopter tours. Participated in the tours in A few days a year allowance would pay off for the Town. Rick Rogge, 301 Spartanburg. A few days a year will not be a bad thing. Real estate agent, does not agree that helicopter tours would decrease the value of properties. Great asset for the island. Agrees there should be some regulations. Christina Dees, 1030 Waterview Court. Lives in the flight pattern for the helicopter tours done in Understands why people are concerned with the noise, but believes what is being proposed and considered is very reasonable. Carolina Beach Page 2 Packet Pg. 3

4 Minutes Planning and Zoning December 8, a Weston Williams, 1512 Canal. In support of allowing for helicopters in Carolina Beach. Jeremy Linquist, 113 Island Palms. Has gone back and forth on this issue. Is not for stopping anyone from doing business. Encouraged Commissioners if aircraft were to be allowed then to be clear with all regulations. Patricia Jones, 612 Carolina Beach Ave North. Does not want to discourage new business from Carolina Beach. Does not want to specifically deny certain types of business. Robert Schoonmaker, 404 Fern Creek. Feels helicopters should be restricted to take offs and landings from an airport. Agreed with the Commission's recommendation from the October 13 meeting. Asked the Commission to consider what is a special event. Derek Drewery, 500 St. Joseph. Believes limited allowances for aircraft will snowball into much more. Carla Schoonmaker, 404 Fern Creek Lane. In agreement with the original recommendation made by P&Z in October. The allowance for four permits a year is concerning. Does not feel helicopter noise is normal beach noise. The Town should respect the wishes of the residents. Keith Boswell, 107 Island Palms. Not for or against, but in concurrence with the original recommendation made by P&Z in October. Concerns about fueling, what happens if there's a spill, and what effects on wildlife aircraft will have. Should take a flight from an airport. Alex Torres, 310 Spencer Farlow. Mr. Torres has issues with helicopters taking off from a grass lot 1/2 mile from his residence. Can deal with the party boat but feels helicopters belong at an airport. Mr. Torres also feels the only people benefiting is the helicopter company. Steve Casey, 405 Marina St. Does not believe the Town will benefit from helicopter tours in any way. In his opinion he does not believe tourism will benefit from helicopter tours. Jason Wooten, 208 North Dow. Concerned with impacts on residential district directly across Dow Road from the Industrial Zone. Also concerns with noise and increased traffic on Dow. Helicopter different than bar noise. Mr. Wooten believes the majority of residents in Carolina Beach have already voiced their opposition to its allowance. Minutes Acceptance: Minutes of Dec 8, :30 PM (APPROVAL OF MINUTES) Rick Russell, 501 Fern Creek. Writes software for flight simulators. Has a private pilots certificate. Could not do his work while a helicopter flew over his house over and over. Jeff Wick, 1530 Island Marina. Wants to hear sounds of ocean only. Helicopters will devalue property. Not an advantage for the community. Melanie Boswell, 107 Island Palms. Feels the Town has gone too far supporting this helicopter business. Will not have to pay taxes and all for a small permit fee. Feels the permit allowance will quickly escalate out of control. Concerned with safety of Carolina Beach Page 3 Packet Pg. 4

5 Minutes Planning and Zoning December 8, 2016 residents. Questioned whether emergency responders will be tied up with ensuring safety for a helicopter business. Commissioner Bloemendaal made a motion to close the Public Hearing. Commissioner Cottrell seconded the motion (7-0). Commissioner Kennedy asked Chairman Reynolds to clarify what the Town has jurisdiction over. The FAA regulates once the aircraft leaves the ground. The FAA does not define a congested area, the Town has no jurisdiction over this definition. The Commission can only consider take off and landing. Chairman Reynolds confirmed Commissioner Kennedy's statement. 2.a Chairman Reynolds stated that noise was his largest concern, along with the language allowing for four special event permits per year. One would allow unlimited daytime hours. Concerned with wording of owner, operator, parcel. Sees a benefit in requiring all permits to go before Council and safe guards could be put in place. Chairman Reynolds also noted that 11 of 14 that spoke on behalf of helicopters were residents of Carolina Beach. Commissioner Toppin voiced concern that the second option has no stipulation on where the four permits can be issued. Chairman Reynolds asked Mr. Parvin if the 300' buffer would still apply. Mr. Parvin responded that it was only in option 1. Option 2 is an amendment outside of the zoning ordinance. Commissioner Kennedy feels Option 2 is an unknown due to not knowing how many helicopter businesses could come forward and apply for permits. Believes it would also put an additional burden on Council to have to review and approve every application for a special permit. Commissioner Bloemendaal noted that there were no citizens in support of helicopters during the October meeting. He does not feel the two options presented by staff can meet the needs of the community. Commissioner Cottrell believes there should be more, stronger stipulations. Commissioner Kennedy also believes that neither option can meet the needs of the community. Chairman Reynolds spoke from his point of view as the president of the chamber of commerce that there are not enough activities for families to do here on vacation. As a citizen he was not bothered by the tours in Wonders if there's a way to allow and control a minimal amount. Minutes Acceptance: Minutes of Dec 8, :30 PM (APPROVAL OF MINUTES) Commissioner Kennedy does not think land owners should be granted permits. Commissioner Toppin asked Mr. Hardison if there had ever been a request for use during wedding. Mr. Hardison responded that he had not received one. There have been inquiries if the use was allowed. Commissioner Toppin asked if there had been a request for filming. Mr. Hardison answered that there had been one instance for the Town. Commissioner Toppin stated that she feels this ordinance is a solution to a problem that does not exist. Carolina Beach Page 4 Packet Pg. 5

6 Minutes Planning and Zoning December 8, 2016 Commissioner Kennedy said that once the allowance is there people will ask for these allowances. Would be highly disappointed if this business was allowed and didn't grow. Commissioner Toppin reiterated her question to Mr. Hardison, asking what prompted the need for the proposed options. Mr. Hardison responded that Staff presented an option to allow on a limited basis. Mr. Parvin said that Staff has tried to present an ordinance that both sides could possibly be in favor of. Commissioner Toppin reiterated that currently there does not seem to be a demand for special event allowances. 2.a Mr. Parvin informed the Commission that it is possible requests were made for events through the Manager's Department that Planning might not have been informed of. Chairman Reynolds has seen helicopters land in Carolina Beach without permission. Knows they land at the aquarium and Fort Fisher for weddings. Chairman Reynolds asked Staff if guidelines for permit approval would be given to Council. Mr. Parvin responded none have been created but Council would have to consider objectively. Commissioner Kennedy asked if the 9 criteria listed in Option 1 would be used for considering one time take off and landing permits by Town Council. Mr. Parvin responded no. Option 1 would allow the land use in Industrial Zone, and would also allow for special event permits in any zoning district. Chairman Reynolds asked if aircraft take off or landings could occur in residential districts as its a nonresidential use. Mr. Parvin responded yes. Chairman Reynolds asked if the types of special events allowing for aircraft could be limited. Mr. Parvin answered that limiting language could be added. Commissioner Toppin asked if anyone had considered if all tourists would appreciate helicopter tours. Commissioner Bloemendaal countered that not everyone is going to be happy regardless of what is approved. Commissioner Bloemendaal feels stricter limitations should be put in place to restrict the number of operators per day. Commissioner Kennedy does not feel the proposed options are appropriate for resident or business owner. Commissioner Toppin does not see the value in allowing the use or special event permits at all. Feels special event permits should not be left up to Council. Minutes Acceptance: Minutes of Dec 8, :30 PM (APPROVAL OF MINUTES) Commissioner Kennedy asked if any research had been done of what other communities have done and what has worked. Commissioner Bloemendaal asked if the item could be tabled. Mr. Parvin responded that Option 2 is going to Council in January. Mr. Parvin encouraged the Commission to give Staff direction for changes to the amendment. Commissioner Cottrell asked where the allowance for special event permits came from. Mr. Parvin responded that it was an attempt to accommodate both sides of the issue. Carolina Beach Page 5 Packet Pg. 6

7 Minutes Planning and Zoning December 8, 2016 Commissioner Toppin asked why the Town was working so hard to make allowances for events that have not been requested. Mr. Hardison answered that just because those questions haven't been asked doesn't mean there aren't people out there who would do it. Other communities were researched and some do have special allowances. Chairman Reynolds is in support of limited use. The Town seems to be split with half in support and half opposed. Commissioner Toppin asked what the Town's liability is and how Town Council is qualified to issue these permits. 2.a Commissioner Bloemendaal said that he is not opposed to a limited allowance for helicopters. Wishes more residents in favor had come out in support of the amendment in October. Worried about safety and quality of life. Special event allowances could benefit the Town on a limited basis. Worried about student instructors operating, uncomfortable with Council granting permits without a standard criteria. Commissioner Cottrell said that he was all for tours based on their popularity but concerned with noise and well being of the residents of Carolina Beach. The Commissioners discussed recommending a joint workshop with Council to discuss amendment language that would meet the needs of the Town. Commissioner Kennedy made a motion approve Option 2, disallowing the use in any zoning district and allowing for aircraft takeoffs and landings for government and emergency operations only, no commercial uses. Whereas in accordance with the provisions of the NCGS 160A-383, the Planning and Zoning Commission does hereby find and determine that the adoption of the following ordinance amendment is consistent with the goals and objectives of the adopted Land Use Plan and other long range plans. The motion was seconded by Commissioner Toppin. Motion passed (5 yay, 2 nay). Commissioner Bloemendaal stated that this was not the desired outcome for tonight. 2. Amend Chapter 40 Article V. - Off-Street Parking and Loading Requirements - (Requested by Jeremy Hardison, Planning and Zoning) Commissioner Cottrell asked for clarification for what width was being restricted. Ms. Lorenzo explained the width was only being restricted was the width of the driveway within the Town right of way. Commissioner Grady said she believed there were impervious restrictions on lots however. Ms. Lorenzo explained that there are only restrictions of lot structure coverage and that impervious coverage is not restricted. Minutes Acceptance: Minutes of Dec 8, :30 PM (APPROVAL OF MINUTES) Commissioner Bloemendaal stated that he felt the maximum allowable width for driveways for single family homes was too small and could potentially create a safety issue for residents trying to back in and out of their driveways. Commissioner Bloemendaal asked if the driveway permit was a new permit requirement. Ms. Lorenzo explained that it is not a new application but is now being required with the submittal of a building permit for new construction. The clearing and driveway can be permitted before the building permit for new construction. Mr. Carolina Beach Page 6 Packet Pg. 7

8 Minutes Planning and Zoning December 8, 2016 Parvin clarified that the point of these regulations was to establish backing for enforcement. Commissioner Kennedy expressed concerns that limiting driveway widths would remove areas for residents to park. Ms. Lorenzo clarified that the limit is for the driveway within the right of way. Commissioner Kennedy asked if the Town would replace decorative driveways within the right of way. Ms. Lorenzo answered that the Town would only replace concrete aprons. Mr. Parvin added that the Town's policy has been to replace a 6" thick concrete apron. Commissioner Kennedy asked if that was codified. 2.a The Commissioner voiced their disproval of a maximum driveway width of 18' for single family residences. Commissioner Bloemendaal asked if this would require additional driveway inspections. Ms. Lorenzo responded that all driveways should currently be inspected. Commissioner Bloemendaal asked why the driveway width was being restricted for single family residences. Ms. Lorenzo responded that there were two reasons: for safety by limiting the points a vehicle can enter the right of way from private property, and two to limit the amount of impervious entering the Town's right of way. Commissioner Kennedy expressed concerns that parking would be limited by limiting the apron width. Mr. Parvin responded that all designated parking must be provided on private property. Limiting the width of access will increase safety and provide opportunity for natural infiltration. Commissioner Davis stated he was concerned he could not provide an adequate driveway for a two bay garage. Mr. Parvin responded that a driveway width can increase once on private property. Commissioner Davis asked the reason why this amendment was being written. Ms. Lorenzo explained that these specifications are being enforced now and are essentially DOT requirements. Codified regulations will allow for enforcement. Commissioner Kennedy asked why the restriction of 18' for single family residences. Mr. Parvin spoke that there are significant stormwater issues in Carolina Beach and the Town is trying to avoid the entire lot being a driveway cut. Impervious cover on a lot is not restricted in Carolina Beach. The Commissioner expressed safety concerns for limiting the apron width for single family residences to 18'. Minutes Acceptance: Minutes of Dec 8, :30 PM (APPROVAL OF MINUTES) Commissioner Kennedy asked if existing driveways could be replaced. Mr. Parvin responded yes, but a driveway permit would be required. Commissioner Bloemendaal asked Ms. Lorenzo if driveways are supposed to be shown on site plans now. Ms. Lorenzo responded that this is a feature the Operations Department needs to see on all proposed site plans. Commissioner Bloemendaal asked if a site visit will be made for all new driveways. Ms. Lorenzo responded that site visits are now made by various members of staff prior to the issuance of any development permit. Commissioner Bloemendaal feels the Town is adding additional work for the contractor and surveyor. Carolina Beach Page 7 Packet Pg. 8

9 Minutes Planning and Zoning December 8, a Commissioner Bloemendaal made a motion approve amending Chapter 40 Article 5 Off-Street Loading and Parking Requirements to include the proposed driveway standards with the exception with the change of the max apron width for single family homes from 18' to 36'. Whereas in accordance with the provisions of the NCGS 160A-383, the Planning and Zoning Commission does hereby find and determine that the adoption of the following ordinance amendment is consistent with the goals and objectives of the adopted Land Use Plan and other long range plans. The motion was seconded by Commissioner Davis. VI. Commissioner Toppin asked the Commissioners if they felt safety and stormwater were not issues the Commission wanted to address. Commissioner Bloemendaal responded that he felt the recommendation by the board was making it safer. Restricting the width could make it unsafe. All in favor (7-0). NON-AGENDA ITEMS VII. ADJOURNMENT Commissioner Cottrell made a motion to adjourn, Commissioner Bloemendaal seconded the motion. All in favor (7-0). Kimberlee Ward, Town Clerk Date Approved Minutes Acceptance: Minutes of Dec 8, :30 PM (APPROVAL OF MINUTES) Carolina Beach Page 8 Packet Pg. 9

10 4.a BACKGROUND: Planning and Zoning Meeting: 01/12/17 06:30 PM 1121 N Lake Park Blvd Department: Planning & Development Carolina Beach, NC Category: Public Hearing Prepared By: Ed Parvin SCHEDULED Department Head: Ed Parvin AGENDA ITEM (ID # 2169) DOC ID: 2169 Clarify code allowances for itinerant merchants Historically all new businesses have been required to invest in the Town s infrastructure by improving their lot, tying into the stormwater, water, sewer, installing landscaping, sidewalks, and continuing to maintain those services/resources. The Itinerant Merchant code creates a unique allowance in Carolina Beach, in that you don t have to do any of those things, however a specific code was developed when the ordinance was adopted that attempted to level out the playing field for those that have invested in the community and at the same time give an existing successful business in Carolina Beach an opportunity to expand prior to making a significant investment in the community. Since the code was adopted in 20 only one business has utilized the allowance and that is the business that had originally requested the code change. The business has operated successfully each summer and staff anticipates they would desire to continue the itinerant merchant operation until such time as the land owner desires to build on the lot. Despite the business s success there has been continued concerns about the whether or not the itinerant merchant operation was operating under the code as it was originally intended. Most concerns come from other businesses in the area who see the itinerant merchant as an unfair advantage. Those concerns have created some animosity in the community and the Planning and Zoning Commission was made aware of the issues. The Planning and Zoning Commission asked staff to bring back the code to address the specific issues brought up concerning the administration and enforcement of the itinerant merchant code. The three issues that have been brought to staff s attention include: 1. Clarify requirements for maintaining a commercial business 2. Ensure the limitations on the actual itinerant merchant lot are clear 3. Bring to light the parameters an itinerant merchant or anyone else has concerning commercial operations on the beach. 1. The Commercial Business How is staff determining if the primary business is actually operating has been the concern. To resolve this issue the code amendment includes a finding and purpose section. This section clarifies that the primary business must sell all items and provide all services as offered at the itinerant merchant. In addition the primary business must be open when the itinerant merchant is operarting. 2. There has been confusion on how much area an itinerant merchant can cover. Staff has provided three options. 1. Existing allowance: This limits coverage to 500 square feet of all vehicles and trailers utilized for the itinerant merchant location. In addition, 250 square feet is allowed for display area. Updated: 1/6/2017 3:46 PM by Ed Parvin Page 1 Packet Pg. 10

11 4.a Agenda Item (ID # 2169) Meeting of January 12, Zoning lot coverage: This option places the same zoning lot coverage on the itinerant merchant. However, lot coverage in zoning is defined as buildings, decks and steps. Under itinerant merchant it is defined as all temporary structures and display areas. 3. Set lot coverage: The third option sets the lot coverage at 750 square feet. In other words all parts of the itinerant merchant operation could not exceed a 750 square foot area regardless of the lot size or zoning district. 3. Operations on the beach or other public property. The Town right of ways, ocean, Town Marina, Myrtle Grove street ends, are all public areas that are utilized to some extent by private business. For instance, many businesses give surf lessons on the beach. Others give paddle board lessons in Myrtle Grove Sound and access the sound via Town docks. Some triathlon/running groups train on public beaches and streets. Regardless of the activity many commercial businesses take advantage of public areas when providing a service. What they are not allowed to do is conduct a monetary transaction at those public locations. In other words, a class may meet at the beach to do yoga, but the business transaction should be occurring elsewhere. The code amendments have clarified that no monetary transactions shall be allowed outside of the approved primary business or itinerant merchant location BUDGET IMPACT: BUDGET IMPACT: <<Budget>> COMMITTEE RECOMMENDATION/ACTION: <<Committee Recommendation>> STAFF RECOMMENDATION/ACTION REQUESTED: Approve the changes recommended by staff and move the item to be heard at the February 14, 2017 Town Council meeting. ATTACHMENTS: PZ itinerant merchant (DOCX) Updated: 1/6/2017 3:46 PM by Ed Parvin Page 2 Packet Pg. 11

12 4.a.1 Ordinance 17- Town of Carolina Beach Town Council Amend Chapter 14 Section to clarify allowances for itinerant merchants Sec Itinerant merchants. (a) Findings and Purpose. It is hereby determined that: (1) An itinerant merchant shall be defined as the act of utilizing a property with temporary facilities in order to conduct commercial operations herein defined as the display and sale of general merchandise, goods, and services. (2) Prior to obtaining approval, the itinerant merchant shall maintain a primary business location in the town for one year. (3) Commercial operations at the itinerant merchant location shall be limited to the same commercial operations that are offered at the primary business. (4) The primary business shall be located in a building and open at all times when the itinerant merchant is operating. In no instance shall any commercial operation be available at the itinerant merchant location that is not also available at the primary business. (5) The purpose of the itinerant merchant allowance is to create a way for businesses to expand to other properties on a seasonal basis. (b) Administration (1) The Town Manager or their designee shall be the official with the primary responsibility for those matters set forth in this section and enforcing the same through any applicable provision of law. Official also includes any other person as may otherwise be designated by law as having authority in a particular matter within the scope of this section. (2) A violation of an itinerant merchant permit shall result in a fine equal to the cost of the original permit as defined in the Town s annually adopted rates and fees schedule. The second violation of an itinerant merchant permit shall result in the revocation of the permit. A new permit may not be obtained until the next calendar year. (3) Administration procedures under Article XI of this chapter shall also apply. Attachment: PZ itinerant merchant (2169 : PH - Amend allownaces for itinerant merchants) (a) Intent. It is the intent of this section to allow, under limited basis, temporary sales, rentals, and services on commercial property. Town of Carolina Beach Ordinance No. 1 P a g e Packet Pg. 12

13 4.a.1 Ordinance 17- Town of Carolina Beach Town Council (1) The town council finds that this allowance will promote diversification of the town's economy and employment opportunities and would support the incubation and growth of entrepreneurial/startup businesses, consistent with the principles of the town's long range planning documents. (2) G.S. 160A-174 grants towns the power to define, prohibit, regulate, acts, omissions, or conditions, detrimental to the health, safety or welfare of its citizens and the peace and dignity of the city through the creation of ordinances. (3) Itinerant merchants bring benefits to communities; however, they also bring unique regulation challenges. (4) This article and its requirements, rights or privileges shall not apply in any respect to vending at any market, festival, or activity, arts and crafts exhibit or event sanctioned by the town. (c) Contract application. Permit Requirements (1) The approved itinerant merchant contract permit and any other required local, state, or federal permitting shall be maintained on site at all times. (2) The itinerant merchant contract permit application shall include: a. Dates of operation. b. Types of goods for sale or lease, and/or any services provided. c. Name of property owner, business owner and itinerant merchant. d. A scaled drawing showing lot lines, existing buildings or structures, proposed vehicles/trailers and any merchandise display areas, location and size of the public rightsof-way, any on-site parking and proposed ground coverage. No part of the operation shall be located in any required setback, site triangle, or required buffer. e. Proof that the property owner or designated agent (lessee) grants his permission to locate the itinerant merchant operation on the property. f. Show and/or provide proof of access to restroom facilities within 200 feet of the itinerant merchant location. g. List of all contract conditions. h. Copy of the itinerant merchant's contract to handle solid waste. i. Copy of vehicle/trailer registration(s). (2) Expiration. Itinerant merchant contracts shall be valid for a time specified by town council at the end of which the contract shall become null and void. At the contract holder's request, a new contract may be reviewed by town council for approval as regulated by and in accordance with the town Code at that time. All contracts are nontransferable. (c) Conditions. Applicants shall provide a business plan that addresses all criteria required by this section. The following standards shall apply: (1) Location. a. Itinerant merchants shall be limited to 180 consecutive days per calendar year. may be approved for a temporary contract to allow sales, rental, and/or service operations not to exceed 180 consecutive days per year. No more than one itinerant merchant shall be located on a lot. Attachment: PZ itinerant merchant (2169 : PH - Amend allownaces for itinerant merchants) b. Itinerant merchants shall be on one lot privately owned non-residential property in one of the only be located in the following commercial districts: CBD, HB, NB, T-1, MB-1, AND I-1. Town of Carolina Beach Ordinance No. 2 P a g e Packet Pg. 13

14 4.a.1 Ordinance 17- Town of Carolina Beach Town Council c. Separation requirements. Itinerant merchant vehicles/trailers shall be no less than 100 feet from: 1. The property line of another lot housing an itinerant merchant. 2. The property line of another business providing similar services, or sales (i.e., food sales, retail sales, beach items for rental, surf lessons, etc.). 3. The zoning boundary of any residentially zoned property. d. All transactions and operations shall occur at the approved itinerant merchant location only. No beach services shall be allowed. No monetary transactions shall be allowed outside of the approved primary business or itinerant merchant location. e. Prior to obtaining approval, the itinerant merchant shall maintain a primary business location for at least one year in the town. Commercial operations at the itinerant merchant location shall be limited to the same commercial operations as are offered at the primary business. After approval of the itinerant merchant, any changes in the associated primary business location or design shall be reviewed for approval by town council. (2) Public safety and nuisance prevention. a. Temporary connections to potable water are prohibited. All plumbing and electrical connections shall be in accordance with the state building code. b. An itinerant merchant shall not operate as a drive-through. c. If concrete or asphalt is not present, the ground coverage and grading plan shall be approved by the public works department. Any modifications to the lot shall require approval from the Town prior to being conducted. d. No exemptions from solid waste collection/disposal service. No merchant or occupant of premises within the town shall be exempt from the collection and disposal service provided by the town or its franchise. (3) Design. a. Registered vehicle/trailer. Itinerant merchants are required to operate out of a readily movable trailer or motorized wheeled vehicle, currently registered with the state division of motor vehicles, designed and equipped for the sales, rentals or services provided by the itinerant merchant. b. Signage. 1. Attached signs may be allowed that are permanently attached to the sides of the registered vehicle and/or trailer; and 2. One temporary sign may be permitted in accordance with the temporary sign standards in chapter 40, zoning. c. Lot coverage and merchandise display. In no instance shall the lot coverage of all vehicles and trailers utilized be greater than 500 square feet. Lot coverage shall be defined as the total square footage of the vehicles/trailers. Areas designated for on-site services, merchandise display or seating shall be immediately adjacent to the vehicle or trailer utilized for sales. The display area shall not exceed 250 square feet. The display area shall be a defined area that is confined by approved temporary fencing. Attachment: PZ itinerant merchant (2169 : PH - Amend allownaces for itinerant merchants) c. In no instance shall the itinerant merchant area cover by commercial operations be greater than the lot coverage allowance for a principal structure in the underlying zoning district. Lot Town of Carolina Beach Ordinance No. 3 P a g e Packet Pg. 14

15 4.a.1 Ordinance 17- Town of Carolina Beach Town Council coverage shall include all temporary structures and display areas associated with the itinerant merchant. c. In no instance shall the itinerant merchant area cover by commercial operations be greater than 750 square feet. Lot coverage shall include all temporary structures and display areas associated with the itinerant merchant. d. Parking. One parking space per 250 square feet of vehicle/trailer area shall be required on site for patrons of the merchant. No part of the business commercial operations shall be located within required parking spaces or drive aisles utilized by other businesses on site. Parking waiver allowances from chapter 40, zoning, may be applied. (4) Fee and taxation. a. Itinerant merchants shall comply with all local, county, and state retail sales tax regulations, including food and beverage tax regulations. b. An annual fee shall be required for the issuance or renewal of an itinerant merchant permit contract. The fee shall be established in the town's annually adopted fee schedule. (5) Suspension and revocation of permit. a. Should it be determined that the merchant has willfully violated the terms of this agreement, the town has the right to effect immediate termination of this agreement and to refuse any future itinerant merchant requests. b. The Town Manager may revoke a contract if he determines that the operation is causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety. c. The Town Manager reserves the right to temporarily suspend itinerant merchant contracts during times of special events. (Code 1986, 8-49; Ord. No , ; Ord. No , ; Ord. No , ) Dan Wilcox, Mayor Attest: Kimberlee Ward, Town Clerk Date Approved Attachment: PZ itinerant merchant (2169 : PH - Amend allownaces for itinerant merchants) Town of Carolina Beach Ordinance No. 4 P a g e Packet Pg. 15

16 4.b Planning and Zoning Meeting: 01/12/17 06:30 PM 1121 N Lake Park Blvd Department: Planning and Zoning Carolina Beach, NC Category: Public Hearing Prepared By: Jeremy Hardison SCHEDULED Department Head: Jeremy Hardison AGENDA ITEM (ID # 2168) DOC ID: 2168 Consider amending Chapter 40 Sec to allow for Animal Care Facilities In The I-1 and HB zoning district with standards. BACKGROUND: SUMMARY OF THE REQUEST Ms. Susan Bondy would like to open up a doggy day care and overnight boarding facility with outside play (application, attachment 1). The only allowance for boarding in the ordinance is associated with an animal hospital. To accommodate the applicants, request staff is proposing to create a use that would broadly allow similar type of uses associated with the care of animals. Other types of uses that animal care facilities would accommodate for would be veterinarian, pet shops, pet supply stores, grooming, training facility, pet daycares and overnight boarding. There are several impacts that should be considered for these types of facilities. One major impact allowing boarding is the outdoor play area associated with them. See attachment 2 for staff s recommendations to mitigate impacts with the use. Many communities do create allowances for outdoor areas associated with an animal boarding facility. Several example ordinances have been included under attachment 3. Health and safety measures associated animal care facilities are regulated by the state (attachment 4). BUDGET IMPACT: COMMITTEE RECOMMENDATION/ACTION: STAFF RECOMMENDATION/ACTION REQUESTED: STAFF RECOMMENDATIONS Staff Recommends approval for the allowance in the I-1 and HB with animal care facilities and addressing outdoor areas. This use is not directly addressed in the 2007 CAMA Landuse Plan. The proposed amendment is general consistent with policies encouraging commercial services. (1) Open the public hearing (2) Close the public hearing (3) Consider approval or denial of the proposal and make a motion according to the appropriate statement. Approval - whereas in accordance with the provisions of the NCGS 160A-383, the Town Council does hereby find and determine that the adoption of the following ordinance amendment is consistent with the goals and objectives of the adopted Land Use Plan and other long range plans Denial - based on inconsistencies with the goals and objectives of the adopted Land Use Plan and/or other long range planning documents (4) Adopt proposed Ordinance No. ATTACHMENTS: Application (PDF) Proposed Regulations - Animal Care Facility (DOC) Updated: 1/5/2017 4:20 PM by Jeremy Hardison Page 1 Packet Pg. 16

17 4.b Agenda Item (ID # 2168) Meeting of January 12, 2017 Other Communities (DOCX) State Regulations (DOCX) Updated: 1/5/2017 4:20 PM by Jeremy Hardison Page 2 Packet Pg. 17

18 Packet Pg b.1 Attachment: Application (2168 : Aminal Care Facility)

19 4.b.2 Attachment 1 DRAFT ORDINANCE ORDINANCE NO. Amend Chapter 40 Zoning, Sec Table of Permitted Uses, Sec Off-street parking standards, Sec Development Standards for Particular Uses, and Sec Definitions Sec Table of permissible uses. USES OF LAND Animal hospitals, with boarding of domestic animals (See section ) R- 1 R- 1B R- 2 R- 3 C MH MF MX CBD NB HB Animal Care Facility (See section ) P P Veterinary establishments P P Sec Off-street parking standards. Types of Uses Animal hospitals Animal Care Facilities Number of Required Parking Spaces 1 per 300 sq. ft. of gross floor area ARTICLE IX. - DEVELOPMENT STANDARDS FOR PARTICULAR USES Sec Animal Care Facilities shall meet the following standards 1. The indoor area shall be utilized as the primary enclosure. If the Indoor Gross Floor Area where boarding is occurring exceeds 1,500 sq. ft. a Conditional Use Permit shall be required. 2. Animal Care Facilities shall maintain compliance with all federal and state regulations. 3. Breeding of animals (i.e. puppy farms) are prohibited. 4. All boarding and services (i.e. grooming) shall be conducted indoors. Any outdoor exercise areas shall meet the following. P MB- 1 T- 1 Attachment: Proposed Regulations - Animal Care Facility (2168 : Aminal Care Facility) I- 1 Packet Pg. 19

20 4.b.2 a. Located 200 feet from a residential use in a residential district. b. Shall not be located in the front yard and must meet a minimum setback of 5 from the side and rear property lines. If the outdoor area encroaches into the required buffer yard a Conditional Use Permit is required. c. Shall conform to town s noise control ordinance d. Shall provide for a six-foot fence with 80 percent opacity. Sec Definitions Animal Care Facilities. Any commercial facility used for the purpose of the boarding, treatment, grooming, or sale of domesticated animals. Domesticated animals, for the purpose of this ordinance, shall be defined as dogs, cats, and other generally accepted household pets. Dan Wilcox, Mayor Attest: Kimberlee Ward, Town Clerk Date Approved Attachment: Proposed Regulations - Animal Care Facility (2168 : Aminal Care Facility) Packet Pg. 20

21 4.b.3 Emerald Isle Veterinarians no outside kennel, no boarding Atlantic Beach Veterinary services (no outdoor kennels) Oak Island Wrightsville Beach No Allowance Sunset Beach No Allowance Veterinary clinics with associated kennels. a. The property shall have frontage upon a collector or higher classification street. b. The veterinary clinic or hospital may be permitted upon a finding that the use will not constitute a nuisance because of anticipated traffic, noise or odor. c. Associated kennels or animal runs shall be located a minimum of 250 feet from any adjacent property boundary lines unless such kennels and runs are located within a fully enclosed, roofed, walled and soundproofed structure. Nags Head General Commercial District Animal boarding kennel or veterinary clinic, provided that all pens and kennels are in an enclosed, air-conditioned building and further provided that all unenclosed runs be set back not less than 50 feet from any existing residential use or district. Kennel; dealer; breeder; pet shop means any person engaged in buying, selling, breeding or boarding pet animals. Attachment: Other Communities (2168 : Aminal Care Facility) Kinston Animal Clinic, OutsideKennel Section 178. Kennels. (a) The use (12.200) shall be located only in a side or rear yard. (b) The use shall be set back a minimum of fifty (50) feet from an adjoining street right-of-way or property line. Packet Pg. 21

22 4.b.3 The I-B Industrial Business District is intended to be a transitional land use district located adjacent to major thoroughfares where highway business and industrial development have high potential and where existing land uses indicate such a mixture. In addition, these regulations will allow mixing of certain normally noncompatible uses, with the provision that proper open spaces, sign control, sufficient lot sizes, increased setbacks, and good design are provided. This will help ensure that existing residences are protected against encroachment by industrial and business nuisances and similarly the ills of traditional strip commercial and industrial development will be discouraged. WILMINGTON NC Kennel, commercial boarders and breeders: A facility established to house, board on a long or short term basis, breed, handle, train, or otherwise keep or care for domesticated animals belonging to the owner or occupant of the property, customers, patrons, or others, or lost or strayed animals, for compensation or as a humanitarian gesture. Kennels (commercial boarders and breeders) shall comply with the following: (a) (b) (c) (d) (e) (f) (g) All pens shall be enclosed. The property on which the kennel is to be located shall be no closer than one hundred (100) feet to any residential zoning district. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8:00 a.m. and 5:00 p.m. The facility must be air conditioned. Exercise runs or facilities shall be a minimum of four (4) feet by ten (10) feet. The facility shall maintain a minimum total of twenty-five (25) square feet of kennel area per animal. This area may be comprised of cage area, runs, or exercise facilities. Any outdoor areas used for animal containment or exercise shall be maintained by removing animal waste on a regular basis for proper disposal as solid waste. Within SA watershed and watershed resource protection land classification areas, outdoor animal facilities shall be separated by a vegetative buffer of not less than one hundred (100) feet from any stream, wetland, or other surface water features including wet detention ponds. In all other areas, outdoor animal facilities shall be separated by a vegetative buffer of not less than fifty (50) feet from any stream, wetland, or natural surface water feature. In lieu of meeting these Attachment: Other Communities (2168 : Aminal Care Facility) Packet Pg. 22

23 4.b.3 (h) setback requirements, this provision can be met by implementing a stormwater control plan designed to maximize fecal die-off, if approved by the city manager or designee. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface waters. Strained solids and hair shall be properly disposed of as solid waste. Attachment: Other Communities (2168 : Aminal Care Facility) Packet Pg. 23

24 4.b.3 Attachment: Other Communities (2168 : Aminal Care Facility) Packet Pg. 24

25 4.b.3 Onslow County Kennel. Any facility used for the purpose of boarding domesticated animals for hire. Kennels may conduct other such incidental activities, such as the sale of animals, treatment of the animals, grooming or cleaning, and the sale of pet supplies. Domesticated animals, for the purpose of this ordinance, shall be defined as dogs, cats, and other generally accepted household pets Kennel and Animal Shelters. a. Minimum lot size of two (2) acres. b. Setbacks shall be fifty (50) feet from the right-of-way and twenty (20) feet from all other property lines. c. All kennels and animal shelters shall be located in the back yard. d. Opaque Screening is required around the kennel or shelter. Attachment: Other Communities (2168 : Aminal Care Facility) Packet Pg. 25

26 4.b.4 SUBCHAPTER 52J - ANIMAL WELFARE SECTION SECTION RECORD KEEPING AND LICENSING 02 NCAC 52J.0101 RECORDS; ANIMAL SHELTERS, ETC. Operators of all animal shelters, pet shops, public auctions, and dealers shall maintain records on all dogs and cats showing the following: (1) origin of animals (including names and addresses of consignors) and date animals were received; (2) description of animals including species, age, sex, breed, and color markings; (3) location of animal if not kept at the licensed or registered facility; (4) disposition of animals including name and address of person to whom animal is sold, traded or adopted and the date of such transaction; in the event of death, the record shall show the date, signs of illness, or cause of death if identified; if euthanized, the record shall show date and type of euthanasia; and (5) record of veterinary care including treatments, immunization and date, time, description of medication (including name and dosage), and initials of person administering any product or procedure. History Note: Authority G.S. 19A-24; Eff. April 1, 1984; Amended Eff. January 1, 2005; April 1, NCAC 52J.0102 RECORDS; BOARDING KENNELS Operators of boarding kennels shall maintain records of all dogs and cats showing the following: (1) name and address of owner or person responsible for animal, the date of entry and signature and address of individual to whom animal is released and the date of release; (2) description of animal including breed, sex, age and color marking; and (3) veterinary care provided while boarded, which shall include date, times, description of medication (including name and dosage) and initials of person administering product or procedure. History Note: Authority G.S. 19A-24; Eff. April 1, 1984; Amended Eff. January 1, NCAC 52J.0103 INSPECTION OF RECORDS All operators of animal shelters, pet shops, boarding kennels, public auctions, and persons operating as dealers shall make all required records available to the director or his authorized representative on request, during the business and cleaning hours listed on the license application. The operator must be able to match each animal to its record upon request. Records shall be maintained for a period of one year after the animal is released. History Note: Authority G.S. 19A-24; 19A-25; Eff. April 1, 1984; Amended Eff. January 1, 2005; April 1, Attachment: State Regulations (2168 : Aminal Care Facility) 02 NCAC 52J.0104 DEFINITIONS As used in this Subchapter: (1) "Accessories" means any objects used in cleaning and sanitizing primary enclosures, exercise areas, or objects to which an animal may have access, including, but not limited to toys, blankets, food and water utensils, and bedding. (2) "Adequate" means a condition which, when met, does not jeopardize an animal's comfort, safety or health. (3) "Cage" means a primary enclosure which is enclosed on all sides and also on the top and bottom. (4) "Husbandry" means the practice of daily care administered to animals. (5) "Isolation" means the setting apart of an animal from all other animals, food, and equipment in the facility for the sole purpose of preventing the spread of disease. (6) "License period" means July 1 through June 30. (7) "Long term care" means the housing of an animal for a period of more than 30 consecutive days. Packet Pg. 26