Town of Chapel Hill header
File #: [18-0530]    Version: 1 Name:
Type: Consent Status: Passed
File created: 5/3/2018 In control: Town Council
On agenda: 6/13/2018 Final action: 6/13/2018
Title: Initiate a Text Amendment Process to Revise and Update the Town Code of Ordinances to Activate and Enliven Downtown with Safe Sidewalk Dining and Pop-Up Retail Events in Temporary Locations.
Attachments: 1. Council Questions with Staff Response, 2. A RESOLUTION TO INITIATE A TEXT AMENDMENT TO THE TOWN CODE OF ORDINANCES TO UPDATE SIDEWALK DINING REGULATIONS AND ALLOW POP-UP RETAIL EVENTS IN TEMPORARY LOCATIONS (2018-06-13/R-3)

 

 

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Initiate a Text Amendment Process to Revise and Update the Town Code of Ordinances to Activate and Enliven Downtown with Safe Sidewalk Dining and Pop-Up Retail Events in Temporary Locations.

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Staff:

Department:

Rae Buckley, Director of Organizational and Strategic Initiatives

Town Manager’s Office

Sarah Poulton, Downtown Special Projects Manager

 

 

Overview: The Downtown Work Plan public realm goal is to create active public spaces and improve sidewalks as a place to spend time.  In support of that goal, Town Staff has worked with Downtown Stakeholders to pilot a new sidewalk dining and pop-up retail permit process that reduces regulatory barriers to those activities and maintains safety.  To implement the new permit processes, we ask the Council to initiate the text amendment process to revise the code to make it consistent with the requirements of the state for sidewalk dining.  Once initiated, the text amendment would be considered by boards and commissions and return to the Council at a public hearing in the fall of 2018.

 

 

Recommendation(s):

That the Council initiate a text amendment to the Town Code of Ordinances to update sidewalk dining regulations and allow pop-up retail events in temporary locations. 

 

Sidewalk Dining:

                     The Downtown Work Plan for FY 17 and 18 includes an objective to lower regulatory barriers to sidewalk dining to beautify and activate the streets in downtown.

                     Sidewalk dining in the right of way is governed by municipal and state code as well as fire regulations. 

                     A work group of Town Inspectors, Fire and Police employees, business owners and the Chapel Hill Downtown Partnership reviewed the permit process and requirements and suggested ideas for streamlining the process that would still maintain safety.  Ideas were then piloted by town staff and business owners over the past year.

                     As part of the pilot, the work group identified regulations in the Town Code of Ordinances that were more restrictive than North Carolina state law, applicable on state right-of-way and made it difficult to add sidewalk dining.  To implement the streamlined sidewalk dining regulations, the work group suggested removing the more restrictive municipal regulations and maintaining consistency with state standards. 

 

Pop-up Retail Use:

                     The Downtown Work Plan for FY 17 and 18 includes an objective to recruit artistic programming and small events to increase vibrancy and year round activity. 

                     A recent trend in retail activity is short-term sales events, or “pop-ups” in temporary locations.

                     To facilitate this activity, staff created a permit process for pop-ups that follows the rationale and cost for temporary special events.  The process is being piloted this summer and will return to Council with a text amendment that ensures safety and flexibility when holding these events.

 

 

 

What is a Text Amendment Process?

 

The Text Amendment process is a legislative mechanism for changing the language of the Town Code of Ordinances.  It begins with Council initiation and is followed by a review process of staff, public and the appropriate boards and commissions.  The final steps would include an opportunity for public comment to the Town Council and action by the Town Council. 

 

Council Goals:

Create a Place for Everyone

Develop Good Places,  New Spaces

Support  Community Prosperity

Nurture Our Community

Facilitate Getting Around

Grow Town  and Gown Collaboration

 

Attachments:

 

Resolution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A RESOLUTION TO INITIATE A TEXT AMENDMENT TO THE TOWN CODE OF ORDINANCES TO UPDATE SIDEWALK DINING REGULATIONS AND ALLOW POP-UP RETAIL EVENTS IN TEMPORARY LOCATIONS (2018-06-13/R-3)

 

WHEREAS, the Town Council has a Council Goal to strategically invest in Downtown; and

 

WHEREAS, the Downtown Work Plan for FY 17 and 18 set an objective to reduce regulatory barriers to sidewalk dining to improve the public realm in downtown; and

 

WHEREAS, the Downtown Work Plan for FY 17 and 18 set an objective to recruit artistic programming and small events to add vibrancy and year round activity and pop-up retail events qualify as small events.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council initiates a text amendment to the Town Code of Ordinances to update sidewalk dining regulations and allow pop-up retail events in temporary locations and directs the Town Manager to prepare a proposed Code amendment for consideration by appropriate interest groups and advisory boards prior to being presented for public input before the Council.

 

This the 13th day of June, 2018.

 

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The Agenda will reflect the text below and/or the motion text will be used during the meeting.

 

presenter

By adopting this resolution the Council will initiate a text amendment process to revise and update the Town Code of Ordinances to activate and enliven downtown with safe sidewalk dining and pop-up retail events in temporary locations.