Agenda Number: PC MEETING DATE: September 3, 2015 REPORT TO THE PLANNING COMMISSION

Transcription

1 Agenda Number: PC MEETING DATE: September 3, 2015 REPORT TO THE PLANNING COMMISSION SUBJECT: St. Patrick Presbyterian Church Request approval of a Conditional Use Permit (CUP) to host food trucks during the Town s Christmas Parade on the property at the northeast corner of Byhalia Road and White Road EXHIBITS: 1. Applicant s cover letter (8/13/15) 2. Outdoor Event Questionnaire (8/13/15) 3. Event Site Plan (8/13/15) 4. Peddlers & Itinerant Vendors Ordinance INTRODUCTION: Jay Brownlow, with St. Patrick Presbyterian Church, is requesting a recommendation for a Conditional Use Permit (CUP) for a one-time event to allow up to ten (10) food trucks during the Town s Christmas parade on the church property at the northeast corner of Byhalia Road and White Road (see Exhibit 1). The property is zoned R-1 Low Density Residential and is surrounded on all sides by R-1 (see Exhibit 4). KEY QUESTIONS: The Planning Commission (PC) may find the following questions helpful in determining if the request meets the intent of zoning ordinance for a single event that is expected to have over 250 people in attendance. 1. Why is a CUP required for this one-time event? Food trucks are considered an itinerant vendor/peddler according to the Town Code (see Exhibit 4) and are strictly regulated. Without a CUP, the Code prohibits any transient vendor to sell or offer for sale on private property, from motor vehicles, vacant lots, temporary display stands and all types of transportation conveyances any goods of any nature, including but not limited to the following: foods, drinks... When attendance at an event is expected to exceed more than 250, then a CUP is also required. The Board of Mayor and Aldermen (BMA), after a recommendation from the PC, may approve this one-time event if it finds that the request meets the general standards for a CUP in the Zoning Ordinance. 2. Does the request meet the 6-Prong Test for a Conditional Use Permit (General Standards)? Yes. The event meets the General Standards as it will take place during, and along the route of, the Town s Christmas parade (see Discussion below). The church property has been used for parking and viewing of the parade in past years and the facilities provide adequate space for the food trucks and parade viewing. DISCUSSION: Section (7) of the Zoning Ordinance regulates public gatherings, known as Special Events. In certain cases organizers may be required to obtain Town approvals and permits. Special Events within the Town of Collierville have been divided into two (2) distinct classifications based upon their impact to Town property and services and their potential impact on the community: Class I Special Events, and Class II Special Events. While Class I Special Events are outdoor activities that involve the use of Town of Collierville property (parks, facilities, greenways, trails, public rights-of-way, etc) or require non basic Town services (police, fire), Class II Special Events are outdoor activities that are on private property and do not need any of Page 1 of 4

2 the "non-basic Town Services that are common for larger events. Examples of Class II Special Events include, but are not necessarily limited to, customer appreciation events, equipment shows, and promotional events; outdoor musicals, concerts, festivals, fairs, carnivals; outdoor races and other forms of competition and athletic events; air shows; religious services; classes; meetings or large outdoor assemblies; and, parties, not otherwise exempted by Section of the Zoning Ordinance. The outdoor event proposed by St. Patrick (see Exhibits 1 and 2) is classified as a Class II Special Event. The majority of Class II Special Event applications are determined to be exempt from formal Town approvals known as a Conditional Use Permit (CUP), because they are indoors, small, or one-time events. Due to the inclusion of food trucks, prohibited by Town Code (see Exhibit 4), and the potential size of the event, the Planning Division has interpreted that a CUP is required before the event can take place. The food truck event will be held from 5 p.m. until 10 p.m. with approximately 250 people expected to attend and will include the food trucks, and parking on the vacant lawn to the north of the new church building for parade viewing (see Exhibits 2 and 3). The CUP process is regulated by of the Zoning Ordinance. CUP s must be approved by the Board of Mayor and Aldermen (BMA), based on a recommendation from the Planning Commission (PC). A conditional use is a use that would not be appropriate generally or without restriction throughout the zoning district but which would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as conditional uses, if specific provisions are met. Conditional uses typically meet the purpose and intent of the zoning district but require the approval of the appropriate review body to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities are mitigated, and any special requirements unique to that use are addressed. The Planning Commission may: recommend approval or denial of a request based on the standards (see below); and recommend additional conditions of approval if findings are citied beyond such generalities as in the interest of public health, safety and general welfare. All approved plans, conditions, restrictions, and requirements made part of the approval run with the land. 6-Prong Test for a conditional use permit (General Standards): A conditional use permit shall be granted, provided the Mayor and Aldermen, with a recommendation from the Planning Commission, finds that the proposed use: 1. Conforms to all applicable provisions of the zoning district in which it is to be located, unless modified as part of the conditional use application per of Collierville s Town Code of Ordinances. St. Patrick church was granted a CUP as a place of worship at this location in June, An event such as this would be considered a customary activity associated with a place of worship. In addition, the event coincides with the Town s Christmas parade and the church property, which is along the parade route, has traditionally been used for parking/viewing the parade. The conditions of approval (see #4 below) will require the applicant to provide traffic control. Other conditions of approval have been suggested to help ensure the event conforms to all applicable provisions of the zoning district. 2. Conforms to the Footnotes of and the Specific Provisions for Conditional Uses as set forth in There are no special footnotes applicable to this outdoor event per or Is consistent with the overall character of existing development in the immediate vicinity of the subject property, and will not materially adversely affect other property in the area in which it is located. The activity associated with a place of worship is consistent with the character of the residential neighborhood and will not adversely affect other property in the area as it will not violate any setback, height or design requirements. The event is proposed only during the time of the Town s Christmas parade when there will be a large number of people along the parade route already. Conditions of Page 2 of 4

3 approval have been suggested to help ensure the event is consistent with the character of the surrounding neighborhood. 4. Is the use generally consistent with the policies of the Collierville Land Use Plan for the parcel or surrounding neighborhood, including any applicable Small Area Plans? The activity of a place of worship is consistent with the land use in the area. 5. Will not adversely affect a known archaeological, environmental, historical or cultural resource. There are no known adverse impacts in the immediate vicinity. 6. The adequacy of public facilities and services intended to serve the subject property exist, including but not limited to roadways, transit service, parks and recreational facilities, police and fire protection, hospitals and medical services, schools, storm water drainage systems, water supplies, and wastewater and refuse disposal. Adequate public facilities and services exist inside the church and will be available to parade goers. Conditions of approval have been suggested to minimize off-site traffic and parking impacts. NEXT STEPS: BMA Approval of CUP: The BMA must approve the CUP upon the recommendation by the Planning Commission. The BMA is scheduled to consider the CUP at its September 28, 2015, meeting. EXAMPLE MOTION AND CONDITIONS OF APPROVAL: To recommend approval by the Board of Mayor and Aldermen of the request for the Conditional Use Permit for up to ten (10) food trucks during the Town s Christmas parade to be held at St. Patrick Presbyterian Church, located on the northeast corner of Byhalia Road and White Road on December 4, 2015, subject to the following conditions. 1. No fire lanes or handicap parking shall be blocked by the special event as shown in Exhibit No electrical cords shall be allowed to run across the ground, through doors or windows per building codes and fire regulations. 3. Permits are required for any electrical generators. 4. The event area shall be blocked off from internal site traffic by barricades or traffic cones to protect pedestrians and to direct traffic around the event. Adequate traffic control shall be provided with an adequate number of volunteers. 5. St. Patrick Presbyterian Church may request extensions of the CUP for the food truck event in conjunction with the Town s Christmas parade on an annual basis from the Development Department staff provided that the conditions of the CUP and the requirements of the zoning ordinance are met. The BMA may amend the CUP to revoke the permission to have food trucks in conjunction with the Town s Christmas parade through a majority vote at a BMA meeting after the proposed action has been advertised and properly noticed. 6. The on-site and off-site signage shall meet the following. a. A permit is required for an on-premise special event sign. b. Off-premises special event signs shall comply with the following requirements: (1) The maximum number of off-premises special event signs per lot shall be one. (2) The maximum sign area of off-premises special event signs shall be 6 square feet. (3) The maximum height of off-premises special events signs shall be 5 feet. c. On-premises special event signs shall comply with the following requirements: (1) The maximum number of on-premises special event signs per lot shall be one per street frontage. (2) The maximum sign area of on-premises special event signs shall be 32 square feet. (3) The maximum height of on-premises special events signs shall be 6 feet. Page 3 of 4

4 CONTACTS: Property Owner/Applicant Project Planner Contact: Nancy J. Boatwright, AICP (Primary) Jay Brownlow Jaime Groce, AICP Organization: St. Patrick Presbyterian Church Town of Collierville Address: 710 White Road 500 Poplar View Parkway Collierville, TN Collierville, TN Phone: Fax: Page 4 of 4

5 Exhibit 1

6 Exhibit 2

7 Exhibit 2

8 Exhibit 3

9 Exhibit 4 PEDDLERS AND ITINERANT VENDORS PURPOSE. This chapter is enacted to provide for the health, safety and welfare of the citizens of the Town of Collierville. (`83 Code, 4-201) (Ord , passed ) DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. GOODS, WARES OR MERCHANDISE. All variety of merchandise items, whether handmade or manufactured, or services whether personal or professional, categorized as, but not necessarily limited to, souvenirs, gifts, prizes, art/school supplies, cloth, clothing or wearing apparel, novelties, small appliances, works of art or crafts, directional information and/or charts, street photographers, tools or mechanical devices of any nature. ITINERANT VENDOR/PEDDLERS. Encompasses the words hawker, huckster, solicitor, canvasser, foot peddler and means all persons who engage in the giving away or selling or offering for sale of goods, wares or merchandise or solicit patronage from any person, businesses or service by word of mouth or gesture or by distributing handbills or other printed matter or by use of electrical, mechanical or sound making device to entice or persuade any person to buy, sell or accept goods, wares or merchandise upon the public streets and highways as herein shall include any person, whether a resident of the Town of Collierville or not, traveling by foot, automotive vehicle, wagon or any other type of transportation conveyance, from place to place, from house to house, merchandise, meats, fish, vegetables, fruits, nuts, landscaping products, trees, garden farm products or firewood and offering and/or exposing the same for sale from any type of transportation conveyance, vacant lots or temporary display stands. One who solicits orders and as a separate transaction makes deliveries to purchase as part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler and subject to the provisions of this chapter. MOBILE FROZEN DESSERT VENDOR. Any person who offers for sale or sells to another ice cream or other frozen dessert products from motor vehicles, human-powered vehicles, bicycles, three- wheeled vehicles or any other form of mobile transportation conveyance on the streets, public or private property within the Town limits of Collierville. PUBLIC DESIGNATED SQUARE. An open space set aside for public passage, use, recreation or simple enjoyment in the nature of a park.

10 Exhibit 4 TEMPORARY PREMISES. Premises as to which a business license for such vendor has not previously been issued, including, but not limited to, any public place, parking lots, motor vehicles, trailers, vacant lots, tents, streets or any private property. TOWN SQUARE. Means and includes the following: an area bounded by Mulberry Street to Main Street to North Rowlett to Center Street. TRANSIENT VENDOR. Any person who brings into temporary premises and exhibits stock of merchandise, goods or wares to the public for the purpose of selling or offering to sell these items to the public. (`83 Code, 5-202) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) SELLING PROHIBITED. It shall be unlawful anywhere in the Town of Collierville, Tennessee, for any person, peddler, huckster, hawker, transient vendor or mobile frozen dessert vendor to sell or offer for sale on the street, public property, private property, from motor vehicles, vacant lots, temporary display stands and all types of transportation conveyances, except as allowed elsewhere in this chapter, any goods of any nature, including but not limited to the following: goods, wares, merchandise, foods, drinks, meats, fish, fruits, nuts, vegetables, firewood, trees, landscaping products and frozen desserts (except as allowed herein). (`83 Code, 5-203) (Ord , passed ) Penalty, see MOBILE FROZEN DESSERT VEHICLES. (A) Mobile frozen dessert vehicles (in this section, some are referred to as vendor or vendors) are allowed to sell ice cream and other frozen dessert products under the following conditions: (1) Vendors must comply with any license required by the state, county and Town; (2) Vendors must comply with Health Department regulations; laws; (3) Vendors must carry the minimum amount of insurance required by state and county (4) Vehicles used to transport and dispense frozen desserts must meet all state and county regulations for such vehicles; (5) Vendors shall not sell/dispense of their products from stationary locations in the Town, including, but not limited to, streets, Town owned property, parking lots, private property or vacant lots;

11 Exhibit 4 (6) Vendors shall not park or stop to sell their products within the one-quarter mile of any boundary of a school zone area during the period from one hour before the start of school until one hour after the school day officially ends; (7) Vendors shall not sell their products after sunset; (8) A vendor shall make no sales until the vehicle is stopped and lawfully parked; (9) A vendor shall sell only from the side of the vehicle away from moving vehicles, away from moving traffic and as near as possible to the curb or side of the street; (10) A vendor shall not sell to a person standing in a roadway; (11) The driver of a vehicle shall not stop and back the vehicle to make an attempt to make or attempt a sale; (12) The driver of every mobile frozen dessert vehicle shall at all times when the vehicle is in motion or at a stop take every precaution to protect the safety of the customers against traffic and other hazards; (13) Vendors shall not operate in congested areas where the selling of the product will impede, cause a safety hazard or inconvenience the public. (B) For the purpose of this chapter, the judgement of a police officer or a code official acting in good faith shall be deemed conclusive to determine that an area is too congested or unsafe for a mobile frozen dessert vendor to sell products. (`83 Code, 4-204) (Ord , passed ) EXCEPTIONS. (A) The provision of this chapter shall not apply to newspaper delivery or to bona fide merchants who deliver goods in the regular course of business. (B) This chapter shall not apply to the dispensing of religious pamphlets or other literature to which the constitutional protection of freedom of speech, religion or press extends. (C) Special events as regulated by (D) The sale of goods, wares and merchandise from the concession stands in the public parks of the Town. (E) Town square produce vendors as regulated by (F) The requirements of this chapter shall not apply to certain veterans or persons who are legally declared indigent, as set out in Tenn. Code Ann (G) Farmers markets as defined by and as regulated by

12 Exhibit 4 (`83 Code, 5-205) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) ENFORCEMENT. The provisions of this chapter shall be enforced by any police officer, code enforcement official or other duly authorized official of the Town of Collierville. If any provisions of this chapter are disregarded, the situation shall be remedied after a two hour notice has been given. (`83 Code, 5-206) (Ord , passed ) PENALTY. Any person, firm, partnership, corporation or other legal entity violating any of the ordinances of the Town shall be fined not more than $50 or the maximum amount permitted by state law, whichever is greater, for each offense, and a separate offense shall be deemed committed for each day of violation. (`83 Code, 5-207) (Ord , passed ; Am. Ord , passed )