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Meeting Date: June 27, 2017
Title: CA17-0005: Ordinance 23-171- Off-Street Parking, Loading and Stacking
Type: Action, Resolution, Public Hearing, Ordinance, Power Point Presentation
Agenda Title: CA17-0005: Ordinance 23-171- Off-Street Parking, Loading and Stacking
Recommendation:

The Planning Commission recommends approval of CA17-0005: Ordinance No. 23-171- Off-Street Parking, Stacking and Loading (vote 7-0).

 

 Staff recommends that the Board of Supervisors approve CA17-0005: Ordinance No. 23-171- Off Street Parking, Loading and Stacking.

Summary:

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

 

Sec. 23-5.9.1- Applicability, clarifies reference to “P district” to specifically identify the 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 of Virginia are referenced.  The stacking space dimension requirements presently located in Sec. 23-5.9.2(i) are proposed to be removed as misplaced, letting Division 11- Off-Street Stacking located elsewhere in the Code 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. The proposal would expand allowable lighting hours in the newly assigned (j) to include up to an hour prior to opening and following closing in consideration of employees and deliveries. Lastly, with the support of the Zoning (including Zoning Enforcement) office, Subsection (r) is proposed to be removed from the Section. Staff believes Subsection (r), meant to address onsite parking upon lots of 20,000 sq. ft. or less adds confusion and unnecessarily complicates residential parking and its enforcement.  

 

Resulting from questions received from the Planning Commission at meeting on April 5, 2017, staff has provided additional background and rationale behind the proposal to remove Subsection (r) as part of the amendment that the Board of Supervisors may have interest in. The additional information is located below in the Additional Background/ Other Considerations portion of this Executive Summary.

 

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 specifically assigned 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; Shopping Center. An increase in parking is proposed for Place of Worship. The change results from recent amendments to the Mixed Use ordinance for 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 of 1 space per 3 seats in the principal place of worship or one space per 200 sq. ft. gfa, whichever is greater, replacing 1 space per 4 seats in the principle place of worship or one space per 200 sq. ft. gfa designed for a use other than services whichever is greater. As proposed, minimum parking standards for eating establishment, carry out/ fast food have also increased slightly from 1 space per 100 sq. ft. gfa to 1.25 spaces per 100 sq. ft. gfa. Staff believes this increase is warranted considering parking demands on such uses and site plan submissions historically that tend to provide parking in excess of those required.  Examples include ST16-0001, Bojangles at Cosner’s Corner where 38 spaces required, 49 provided; ST15-0026, Taco Bell, Mudd Tavern Rd where 26 spaces required, 44 provided; ST14-0029, Burger King at Harrison Crossing where 32 spaces required, 35 provided; ST14-0040, Cook Out Restaurant where 29 spaces required, 44 provided. 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 minimum standard. The proposal relocates Minimum Required Parking Spaces Table Notes 1, 2, 3 and 4 within the table, with a clarification to Note 3 (formerly Note 4). 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 similarly located in the Table as proposed. Staff has proposed striking Note 6. Note 6 would have required 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 6 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.

 

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 located in 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 the 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. 

 

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 there.

Committee/Commission Summary: Planning Commission
Review Date: May 17, 2017 Status: Approved
Financial Impact: N/A
Staff Contacts: Wanda Parrish, Planning Director, Jacob Pastwik, Planner III
Legal Counsel: Alexandra Spaulding, Senior Assistant County Attorney
Additional Background/Other Considerations:

The impetus for ongoing review and update efforts within the Zoning Ordinance is driven by Vision Strategy A.5 of the Spotsylvania County Comprehensive Plan. This is a Comprehensive Plan Implementation Item. The Planning Commission authorized public hearing for CA17-0005 (Ord. No. 23-171) on April 5, 2017.

 

During the April 5, 2017 Public Hearing Authorization, the Planning Commission raised questions looking for more detail, rationale, and historical background in regard to proposed deletion of Off-Street Parking Subsection 23-5.9.2(r). Planning Staff reached out to the Zoning office to address the questions posed by the Planning Commission. Questions and responses are below:

 

(1)      During the April 5, 2017 meeting the Planning Commission sought greater detail and depth of understanding about Off-Street Parking Subsection 23-5.9.2(r) proposed for removal in the draft amendment. What are the benefits of removing the language from an enforcement perspective? Would removal of the language potentially alleviate or lessen complaints related to parking within the right-of-way? Alternatively, are there potential negatives if the language was removed and if so what would be the negative consequence?

 

For this inquiry the County Zoning Administrator was contacted to provide input regarding the rationale for the proposed removal of the Subsection. The Zoning Administrator was able to provide a detailed background on the Subsection in question. Parking Subsection (r) was added to the Zoning Ordinance in 2007 as a means to address overcrowding which was a very popular complaint subject at the time decade or so ago. Overcrowding complaints received by the Zoning Enforcement staff have declined since the real estate crash of 2007 and 2008. From a Planning perspective the ordinance addresses a possible symptom of overcrowding while not directly addressing the main issue while potentially penalizing multiple vehicle owners or families not involved in overcrowding. The implication is that Subsection (r) is very restrictive in limiting the usable area of an owner’s property for parking, essentially cutting out about half the area of the yard and a side yard from the ability to park a personally owned vehicle as per the Zoning Administrator.  As a practical matter, the Zoning office does not believe Subsection (r) has been cited in cases of overcrowding since its adoption in 2007. As a result, the Subsection has not had value as initially intended. Given that, the Subsection could have use as an enforcement tool if the County were to receive a complaint about a lot filled with vehicles and vehicles parking in the front yard or filling the front yard of a home. Complaints in such cases would likely be driven by community aesthetics and property values concerns or a symptom reported that possible overcrowding exists.  As mentioned during the April 5, 2017 meeting by Planning staff however is that Subsection (r) could result in the unintended consequence of driving excess parked vehicles into the cul-de-sac and street side parking which could generate other travel way complaints with little the County could do. Spotsylvania is without the authority to pass an ordinance regulating parking on secondary roads unless further authority is granted by the General Assembly. The Commonwealth of Virginia owns the roads and right-of-ways. The County does not have the authority to enforce either parking or inoperative vehicles on them.

 

Subsection (r) for onsite parking would require specific complaints in order to investigate and generate enforcement actions. As noted above, the Zoning office has not cited this Subsection in cases of overcrowding since its adoption in 2007. Constant monitoring and enforcement of residential lots under 20,000 square feet throughout the County is otherwise impractical considering limited enforcement resources.  

 

It is good to note that removal of Subsection (r) as proposed will not result in removal of protections against inoperable vehicles or untagged vehicles on lots. Such protections will remain in place and are located elsewhere in County Code Chapter 12, Motor Vehicles and Traffic, specifically Sec. 12-20 and Sec. 12-21.

Consequence of Denial/Inaction: Chapter 23, Zoning Divisions 9, 10, 11- Off-Street Parking, Loading and Stacking respectively, will remain as presently adopted.
 
ATTACHMENTS:
Name: Description: Type:
Ord_23-171_Parking_Stacking_Loading.pdf Ord 23-171 Ordinance Form- Off-Street Parking, Loading, Stacking Ordinance
CA17-0005_BOS_PH_PPT_Presentation.pptx Presentation Presentation
May_17_2017_Planning_Commission_PH_Minutes.pdf May 17, 2017 Planning Commission Public Hearing Minutes Minutes
April_5__2017_Planning_Commission_Minutes.pdf April 5, 2017 Planning Commission Minutes Minutes
May_18__2016_PC_Worksession_Minutes.pdf May 18, 2016 PC Work Session Minutes Minutes
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