HomeMy WebLinkAboutZTA200400002 WorksessionPRIMARY STAFF CONTACT: Elaine K. Echols, AICP
PLANNING COMMISSION: October 20, 2009
WORKSESSION
ZTA 05 -01: Zoning Amendment to Setbacks
ORIGIN: Adoption of the Neighborhood Model in 2001 and directive by Board of
Supervisors to prepare ordinance changes to implement the Neighborhood Model.
PROPOSAL: The substance of the recommended changes is in Attachment A. A
summary of the changes is shown below.
Amend the Zoning Ordinance for commercial and industrial districts to:
• reduce the side and rear lot yards /setbacks adjacent to rural and residential districts
• allow for reduction of buffer area by staff with appeal to PC
• change the buffer requirements to 3 levels: landscaping, screening, and enhanced
screening
• provide requirements for all 3 levels that include a mix of evergreen and deciduous
trees
Amend the Zoning Ordinance for residential districts to:
• reduce the side, and rear yards /setbacks
Amend the Zoning Ordinance for residential, commercial, and industrial districts to:
• reduce the front yard /setback requirement
• require curb, gutter, sidewalks, and street trees on all development area streets
• change the front yard /setback requirement such that it is based on the number of
lanes in the street and the speed limit of the street instead of the zoning district
PUBLIC PURPOSE TO BE SERVED: The development standards in the Zoning
Ordinance promote a rural /suburban form that is not in keeping with the Neighborhood
Model. In order to make it easier for developers to create the Neighborhood Model form
of development, the zoning ordinance needs to be amended, especially with regard to
setbacks.
BACKGROUND: Since the Neighborhood Model was adopted in 2001, many ordinance
changes have taken place. The first set of changes had to do with allowing for alleys and
shared driveways in the Development Areas. The Zoning and subdivision ordinance
changes related to alleys and shared driveways were approved in February of 2002.
At the same time, staff was working on development of the Neighborhood Model District.
Text was submitted by an applicant in 2001. This district was reworked by staff and the
Commission and adopted in March of 2003.
SP 2009 -003
PC October 20, 2009
Staff Report Page 1
The third set of changes began in 2002. They included a major revision to the parking
requirements. Relegated parking was a difficult issue and parking changes were adopted
in February of 2003. They did not include requirements for relegated parking.
In 2002, staff also began work on more changes to the subdivision ordinance to require
curb and gutter, sidewalks, and interconnections. Work on the subdivision ordinance
changes took three years to adoption. Overlot grading was a difficult issue and these
requirements were not part of the subdivision ordinance that was adopted. The
subdivision ordinance changes were adopted in April of 2005.
In 2003, while staff was working on subdivision ordinance changes, they were also working
on zoning text changes. In March and May of 2004, staff brought the recommended
changes to the public and held two meetings for input. Less than ten persons (in
combination) attended the two meetings. Work on this comprehensive set of changes
was put on hold while the subdivision ordinance was under review.
After completing work on the subdivision ordinance, staff immediately began work on front
setback changes in the Development Areas. In August of 2005, staff brought a set of
setback changes to the Planning Commission for a review and public hearing. Concerns
were expressed by the ARB relative to area for landscaping in front yards in the Entrance
Corridor. Some members of the development community believed that further changes
were needed; other members of the development community said they weren't
appropriately included in development of the changes. As a result, the Commission
directed staff to work with the ARB, set up a joint meeting with the ARB and Commission
on setbacks, provide a new resolution of intent, and bring a comprehensive set of changes
to the zoning regulations related to setbacks.
Due to the number of development review proposals under review between 2005 and
2007, drafting of zoning text amendments to implement the Neighborhood Model was
slow. However, in July 2007, staff brought a set of recommendations to the Commission.
The Commission asked that the portion of the amendment which would allow for zero lot
line development take priority. ZTA 07 -01 was approved June 11, 2008.
STAFF COMMENT: A new resolution of intent will be provided later in the process of
developing the zoning text amendment. The attached recommendations do not include
zoning text language yet. They do reflect major changes from the current suburban form
of development required by our zoning ordinance.
Staff notes for the Commission that not all of the concepts in the staff report have yet had
extensive internal discussion. The considerations for changes to side and rear
yards /setbacks along with buffers and screening have received considerable internal
vetting. The considerations for changes to front yard /setback requirements have not
received much internal vetting because they have been developed with the information
from Places 29. At this juncture, staff would like for the Commission advise on whether the
concepts for front setbacks are worth pursuing.
SP 2009 -003
PC October 20, 2009
Staff Report Page 2
Staff also notes that if the concepts on streetscape and front yards are worth pursuing that
there are many details which will still need to be worked out.
ISSUES FROM 2007 STAFF REPORT WHICH ARE NOT YET INCLUDED IN
RECOMMENDATIONS
When staff provided recommendations to the Commission in July 2007, several items were
included which have not been included with this staff report. Staff notes them for the
Commission in the event that future staff reports include recommendations related to these
items:
• reduce the setback for encroachments
• reduce the building separation requirement between primary structures on the same
lot
• add a building separation requirement for primary and accessory buildings
• change the measurement method for yards for attached housing and multi - family
developments
• make distinctions between public /private Neighborhood Model streets and "parking
lot" private streets
• require an entrance to buildings from a public or private (non- parking lot) street on
which the building fronts
• establish a front yard requirement for public and private streets rather than a
setback from the adjacent public street
• consider creation of lots that do not have public or private street frontage.
STAFF RECOMMENDATION: At the October 20, 2009 meeting, staff will provide a
powerpoint presentation which illustrates the concepts in the attachment. Initial feedback
will be solicited from the Commission at that meeting.
Attachment A: Recommended Changes to Zoning Ordinance Related to Separation
of Uses and Streetscape in the Designated Development Areas,
October 20, 2009
SP 2009 -003
PC October 20, 2009
Staff Report Page 3
RECOMMENDED CHANGES TO ZONING ORDINANCE
RELATED TO SEPARATION OF USES AND STREETSCAPE
IN THE DESIGNATED DEVELOPMENT AREAS
October 20, 2009
GOAL RELATED TO DEVELOPMENT AREAS: Make distinctions between requirements for the RA
industrial and commercial properties and DA industrial and commercial properties.
GOALS RELATED TO SEPARATION OF USES
Buffers: Reduce excessive separation requirements to make more efficient use of the Development Areas
without negatively affecting quality of life.
Clarify distinctions between "screening" and "buffering ". Be explicit about screening expectations. Improve
screening materials requirements.
Side and Rear Yards for Commercial and Industrial Districts ad'acent to Rural or Residential
Districts: Reduce excessive separation requirements to make more efficient use of the Development
Areas without negatively affecting quality of life.
Side and Rear Yards for Residential Districts: Reduce rear yard requirements to allow more compact
lots for development in a by -right setting.
GOALS FOR STREETSCAPE:
Pedestrian Orientation: Require sidewalks or pedestrian paths along all streets in the Development Areas.
Buildings and Spaces of Human Scale: Reduce the front setback or yard requirement in residential,
commercial, and industrial districts so that buildings can be closer to the street and provide opportunities for
relegated parking.
Eliminate the "one- size - fits -all" setback and base front setback or yard requirement in street characteristics
such as number of lanes and speed of streets-
4
ATTACHMENT A
GOALS RELATED TO SEPARATION OF USES
Buffers: Reduce excessive separation requirements to make more efficient use of the Development Areas
without negatively affecting quality of life.
Clarify distinctions between "screening" and "buffering ". Be explicit about screening expectations. Improve
screening materials requirements.
Side and Rear Yards for Commercial and Industrial Districts adjacent to Rural or Residential
Districts: Reduce excessive separation requirements to make more efficient use of the Development
Areas without negatively affecting quality of life.
Side and Rear Yards for Residential Districts: Reduce rear yard requirements to allow more compact
lots for development in a by -right setting.
Existing and Proposed Requirements for Separation in Commercial and Industrial Districts
Existing Proposed Existing
Commercial Commercial Light
districts districts Industrial
(LI) -
Side and Rear Yard
50'
20'
— buildings -- if
unless
pages 3 -4
adjacent to rural or
pages 3 -4
waived by
res. district
waived by
Side and Rear Yard
20'
20'
— parking -- if
Yes
Yes
adjacent to rural or
Yes
res. district
Buffer Area if
20'
20'
adjacent to rural or
res. district
Buffer
Undisturbed
See pages
Requirements*
unless waived
3-4
by PC or
aclent
Screening
Yes, if
See pages
Required **
disturbance of
3 -4
buffer is
allowed
Proposed Existing Proposed
LI Heavy HI
Industrial
HI —
50' 130' 1 100' 130'
30' 130' 130' ', 30'
30' I30' 1 30' 1 30'
Undisturbed
See
Undisturbed
See
unless
pages 3 -4
unless
pages 3 -4
waived by
waived by
PC or agent
PC or agent
Yes
Yes
Yes
Yes
Existing Requirements for Buffers and Screening
5
ATTACHMENT A
Undisturbed buffer between Commercial or Industrial Districts and Rural or Residential Districts
Disturbance of buffer allowed by agent if:
1. Adequate screening does not currently exist and
2. Installation of screening meets or exceeds ord. require. OR
3. A professional certifies that trees are hazardous OR
4. Disturbance will result in improved screening with a berm, retaining wall, or other physical modification.
Disturbance of buffer allowed by PC
1. Grading or clearing is necessary.
2. Grading or clearing will result in improved site design.
Screening requirements:
1. planting strip
2. existing vegetation
3, slightly opaque wall or fence, minimum of 6' tall
4. combination of any of the above
5, alternate methods approved by agent
If only vegetation
1. screening strip minimum of 20' in width
2. double staggered row of evergreen trees planted 15' on center
3. double staggered row of evergreen shrubs planted 10' on center
Recommended Changes for Buffers and Screening
Undisturbed buffer area between Commercial or Industrial Districts and Rural or Residential
Districts except,
a. to augment screening
b. grading for required interconnections or access to adjoining properties
c, grading to accommodate utilities which cannot be reasonably placed elsewhere on the site
2. Reduction, disturbance and grading in buffer area allowed by agent down to 10' if agent determines that
the reduction or disturbance will not have an adverse impact on the adjoining or nearby parcels based on a
review of:
a. The proximity of dwellings or residential amenities on adjoining properties
b. The potential effect of industrial uses allowed in the district on the adjoining parcel
c. The potential effect of the size of the parking area or scale and massing of the structure in the
industrial district on dwellings or residential amenities of the adjoining properties in the rural or
residential district
d. Visibility of the use or uses on the site from the boundary of the adjoining parcel with rural or
residential district
e. The location of improvements on the adjoining parcel
f. The location of environmentally sensitive areas on the adjoining parcel in relation to the proposed
building or grading
3. Application for modifications, waivers, grading in or reduction of buffer must be in writing. Staff's response
will be in writing and contain the analysis of the considerations above in making a decision. The applicant
6
ATTACHMENT A
may appeal the decision to the Planning Commission. If a reduction of screening buffer is approved,
enhanced screening may be required to more quickly conceal the adjacent uses from each other.
4. Vegetation and Screening in Buffer Area: Introduction of three levels
Landscape buffer — used to softening of impacts between two potentially incompatible uses; creates a
semi- opaque screen; uses existing, new, or augmented vegetation; can also contain a fence,
Screening buffer — used to obscure visibility over time of two potentially incompatible uses; creates an
opaque screen; uses existing, new, or augmented vegetation; can also contain a fence.
Enhanced screening buffer — used to immediately screen the visibility of two potentially incompatible uses
from each other. Uses existing, new, or augmented vegetation and a fence.
5. Changes to materials for screening: Increase caliper of screening trees, require a mixture of evergreen and
deciduous plant material, and prescribe the percentage of each material needed to create the landscape or
screen. Ordinance will have illustrations.
Existing Requirements for Side and Rear Yards in Residential Districts
Side yards: 15 feet — can be reduced to 10 feet if within a 4 -mile radius of a fire station and adequate fire
flow is available
Rear yards 20 feet
Zero lot line: 10 feet between structures
Proposed Requirements for Side and Rear Yards in Residential Districts
Side yards: 10 feet
Rear yards: 15 feet
Zero lot line: no change
7
ATTACHMENT A
GOALS RELATED TO STREETSCAPE
Pedestrian Orientation: Require sidewalks or pedestrian paths along all streets in the Development Areas.
Buildings and Spaces of Human Scale: Reduce the front setback or yard requirement in residential,
commercial, and industrial districts so that buildings can be closer to the street and provide opportunities for
relegated parking.
Pedestrian - friendly Streets and Paths: Create streetscape on all Development Area streets.
Eliminate the "one- size - fits -all" setback and base front setback or yard requirement on street characteristics
of number of lanes and speed of streets.
Existing Front Yard /Setbacks in Residential, Commercial, and Industrial Districts
Residential
Buildings: 25 feet
Parking: 25 feet
Commercial
Buildings: 30 feet
Parking: 10 feet
Industrial
Buildings: 50 feet
Parking: 10 feet
Recommended for Front Yard /Setbacks in Residential, Commercial, and Industrial Districts
1. Require curb and gutter street section and street trees across the frontage of all lots.
2. Require sidewalks or pedestrian paths across the frontage of all lots.
3. Base the front yard /setback on the streetscape requirements for lots fronting 2, 4, 6, and 8 lane streets.
Tree Lawn_
8 -lane
12'
6 -lane
_
10'
4 -lane
2 -lane
(higher
speed
streets )
2 -lane
{lower
speed
streets)_
6'
8'
6'
Sidewalk or 8'
Multi-purpose path 10'
8'
8'
rJ'
5'
10'
10, _
10'
10'
Min. front yard _ 20' _
Minimum distance 40'
between pavement and
building — For info only,
not a requirement
12'
10'
110'
4'
30'
26'
21)
11V
_
8
ATTACHMENT A