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Spotsylvania County
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Meeting Date: April 5, 2017
Title: Zoning Update: Ordinance 23-171- Off-Street Parking, Loading and Stacking
Type: Action, Ordinance, Power Point Presentation
Agenda Title: Zoning Update: Ordinance 23-171- Off-Street Parking, Loading and Stacking
Recommendation:

Staff recommends that the Planning Commission initiate the ordinance amendment with the following motion: Based upon the public necessity, convenience, the general welfare, good zoning practices and compliance with the Virginia Code, I move that the Planning Commission initiate changes to the Spotsylvania County Ordinances found in Chapter 23 amending and adding provisions related to Article 5: Division 9- Off-Street Parking; Division 10- Off-Street Loading; Division 11- Off-Street Stacking.

Summary:

DRAFT Ordinance 23-171: Chapter 23, Article 5: Division 9- Off-Street Parking

 

Sec. 23-5.9.1- Applicability, clarifies reference to “P district” to specifically identify applicable zoning districts including Planned Development Commercial (PDC) and Planned Development Housing (PDH). The PDC and PDH zoning districts were established for greater design flexibility resulting in potential deviations from the parking standards. Parking as a result is determined by the development mix proposed and approved as part of the development review process. The Mixed Use (MU) Zoning district has also been added as reference in this Section, acknowledging off-street parking modifications provided in the Mixed Use Zoning District Sec. 23-6.28.6- Parking. Sec. 23-5.9.1 was last updated in 1995. The Mixed Use District was added to the Zoning ordinance in 2012 and includes parking modifications not generally available in other zoning districts. An update is necessary to reflect Code amendments since 1995 that impact the Off-Street Parking standards.

 

Sec. 23-5.9.2- General provisions, clarifies vague references made to unspecified boards and sources of standards and corrects enforcement responsibilities, replacing references to the Director of Planning with the Zoning Administrator. To be consistent with other Code sections the proposal adds capitalization when the County Codes, County Forms, County Permits, County position titles such as the Zoning Administrator, the Commonwealth are referenced.  Stacking space dimensions requirements presently located in Sec. 23-5.9.2(i) is proposed to be removed as misplaced, letting Division 11- Off-Street Stacking address stacking. Lighting requirements in (j) have also been proposed for removal as misplaced and unnecessary, letting 23-5.12- Outdoor Lighting address outdoor lighting. As for limits on hours of parking lot lighting, the proposal would expand allowable lighting hours to include up to an hour prior to opening and following closing in consideration of employees and deliveries. An option that had been located in Note 3 of the minimum required parking table to reduce parking spaces by fifty (50) percent considering proximity to a public parking lot or shared parking via permission of owner for Places of Worship is proposed to be promoted to a general provision applicable to all required parking uses as draft provision (p). Lastly, with the support of the Zoning (including Zoning Enforcement) office, provision (r) is proposed to be removed from the Section. Staff believes provision (r) adds confusion and unnecessarily complicates residential parking and its enforcement.   

 

Sec. 23-5.9.3- Minimum Required Parking Spaces, amendments intended to alphabetize identified uses for which minimum parking is specified.  Standards are drafted for clarity of interpretation and consistency. The proposal adds complementary minimum parking standards for uses recently added to the zoning ordinance as well as a number of long established uses that had not previously had specified parking standards. Newly listed or long established uses for which specific minimum parking standards have been added include: Auction establishment; Bed and Breakfast I, II; Contractor’s Office and Shops; Feed Mill; Appliance Store (added to Furniture or Carpet Store); Industrial/ Flex, Abattoir (added to Industry Types I, II, III); Brewery, Winery, Cidery, Distillery; Rooming/ Boarding House; Live Entertainment, Outdoor.  Those recent additions have no parking standards specified presently as Sec. 23-5.9.3 was last updated in 2004.  The proposal seeks to reduce minimum required parking standards where appropriate to reduce excessive parking areas and provide the opportunity to reduce development costs associated with parking. Specific instances where minimum parking standards are proposed to be reduced include: Furniture, Appliance or Carpet Store; Personal Service Establishment; Retail Sales Establishment (except Furniture, Appliance or Carpet Store); Shopping Center. Separately identified parking standards for eating establishment, and eating establishment, carry/out fast food are proposed to be combined to result in one average standard. The effect slightly increases minimum parking for eating establishments from 1 space per 100 sq ft gfa to 1.25 spaces per 100 sq ft gfa while slightly reducing the minimum from 1.5 sp per 200 sq ft gfa to 1.25 spaces per 100 sq ft gfa. An increase in parking is proposed for Place of Worship and Civic, Social or Fraternal Facilities. The change results from recent amendments to the Mixed Use ordinance pertaining to Places of Worship, supported and approved by the Board of Supervisors on January 13, 2015 associated with Code Amendment Case #CA14-0005. The effect is a consistent standard. Parking standards for Private Schools remain constant, however the standard is proposed to also include Public Schools as they had not been specified with a minimums standard historically. The proposal relocates Minimum Required Parking Spaces Table Notes 1, 2 and 4 (becoming Note 3) within the table, with a clarification to Note 3 (formerly Note 4). Note 3 as described above is proposed for relocation to apply to all uses under Sect. 23-5.9.2 General Provisions. Note 5 established minimum parking standards for Greenhouses, commercial. The standard is proposed to be relocated into the minimum required parking table for Garden Centers, a term that replaced Greenhouses, commercial in a prior zoning update that occurred recently. To be consistent with the format of all other required minimum parking spaces, Garden center requirements are best located in the Table as proposed. Staff has proposed striking Note 7. Note 7 requires submission of a parking study in instances where parking exceeds the minimum requirements by specified percentages depending on the size of the development. The result leaves the decision to, and costs associated with exceeding the minimum parking standard up to the applicant/ developer having weighed the cost and benefit of added investment. Additionally, other project requirements that may require site area such as street buffer, transitional screening, stormwater management, internal and peripheral parking lot landscaping, building and sidewalks, open space, points of access and drive aisles, etc. act to rein in the extent to which many sites could be over-parked. The effect of the proposed removal of Note 7 is reduction of added project scrutiny during review.

 

Sec. 23-5.9.4- Parking Geometrics Standards, is a new Section within the Off-Street Parking Ordinance that establishes parking stall and access aisle standards for parking lots. Though the standards are new to appear in Article 9, Off-Street Parking, the standards themselves have been sourced directly from the Spotsylvania County Design Standards Manual, Article 5- Streets, Parking and Driveways. Staff proposes to relocate the standards to the Zoning ordinance and ultimately remove them from the Design Standards Manual with an update to that document in the future. In discussion with Planning, Zoning and Transportation staff it was felt parking dimensions standards are best relocated as proposed.

 

DRAFT Ordinance 23-171: Chapter 23, Article 5: Division 10- Off-Street Loading

 

Sec. 23-5.10.1- Applicability, for consistency with ongoing Code update efforts the proposal adds capitalization when County Codes are referenced. Proposed amendments also correct enforcement responsibilities by replacing reference to the Director of Planning with the Zoning Administrator. Proposed amendment enhances reference to “P district” to clarify and specifically identify applicable zoning districts that include Planned Development Commercial (PDC) and Planned Development Housing (PDH). As noted above in the summary of amendments provided pertaining to Division 9- Off Street Parking, the PDC and PDH zoning districts were established for greater design flexibility resulting in potential deviations from the parking standards. Parking as a result is determined by the development mix proposed and approved as part of the development review process. The Mixed Use (MU) Zoning district has also been added as reference in this Section, acknowledging off-street parking modifications provided in the Mixed Use Zoning District Sec. 23-6.28.6- Parking. Sec. 23-5.10.1 was last updated in 1995. The Mixed Use District was added to the Zoning ordinance in 2012 and includes ability to make modifications not generally available in other zoning districts.

 

Sec. 23-5.10.2- General provisions, for consistency with ongoing Code update efforts the proposal adds capitalization when County Codes, County position titles such as the Zoning Administrator are referenced. Proposed amendments also correct enforcement responsibilities by replacing reference to the Director of Planning with the Zoning Administrator. Lighting requirements in (g) are proposed for removal as misplaced and unnecessary, letting 23-5.12- Outdoor Lighting address outdoor lighting. Staff proposes a life, health and safety amendment by adding (l) to avoid conflicts between the planning, design and function of loading spaces in relation to traffic circulation.

 

Sec. 23-5.10.4- Off Street Loading, The use Industrial/ Flex is proposed to be added to Loading Standards already in place for industry Types I, II, III. Loading space standards for Private Schools is proposed to be expanded to also apply to Public Schools. 

 

DRAFT Ordinance 23-171: Chapter 23, Article 5: Division 11- Off-Street Stacking

 

Sec. 23-5.11.2- General provisions, for consistency with ongoing Code update efforts the proposal adds capitalization when County Codes, County position titles such as the Zoning Administrator are referenced. Proposed amendments also correct enforcement responsibilities by replacing reference to the Director of Planning with the Zoning Administrator. Lighting requirements in (7) are proposed for removal as misplaced and unnecessary, letting 23-5.12- Outdoor Lighting address outdoor lighting. Staff proposes a life, health and safety amendment by adding (8) to avoid conflicts between the planning, design and function of stacking spaces in relation to traffic circulation and public access to buildings.

 

Sec. 23-5.11.3- Minimum required space, proposal would amend carwash stacking space standard to apply to all principle use carwash facilities instead of just automated ones. New stacking space standards are proposed to be added for fuel pumps and private/ public schools.  A standalone standard for “all other uses” has been incorporated into the Minimum required space table so that standards are consistently located.

Committee/Commission Summary:
Review Date: Status:
Financial Impact: N/A
Staff Contacts: Wanda Parrish, Planning Director, Jacob Pastwik, Planner III
Legal Counsel: Alexandra Spaulding, Assistant County Attorney
Additional Background/Other Considerations: N/A
Consequence of Denial/Inaction: Public hearings for amendments as described above will not move forward at this time.
 
ATTACHMENTS:
Name: Description: Type:
Ord_23-171_Parking_Stacking_Loading.pdf DRAFT Ordinance 23-171- Off-Street Parking, Loading, Stacking Ordinance
PPT_Presentation_Authorization.pptx Presentation Presentation