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HomeMy WebLinkAboutZTA200900010 Legacy Document 2009-12-01�pF AL U ®� `IRGl1`S�P COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA- 2009 -10 Downtown Crozet District Corrections SUBJECT /PROPOSAL /REQUEST: Request to amend the Downtown Crozet District (DCD) to provide for several corrections needed to the zoning district regulations STAFF CONTACT(S): Rebecca Ragsdale AGENDA DATE: December 8, 2009 PUBLIC HEARING: ACTION: X INFORMATION: ATTACHMENTS: X BACKGROUND: The Crozet Master Plan identified the need for zoning changes in order to fully implement the Plan's recommendations to promote the redevelopment and invigoration of the Crozet downtown area. The Downtown Crozet zoning project was initiated by the Board of Supervisors in September 2006, based on the urging of Crozet business and property owners, along with endorsement of the project by the Crozet Community Advisory Council. On June 11, 2008, the Board adopted a new zoning district for downtown Crozet, as well as a zoning map amendment to rezone most of Downtown to the new district. (Attachment C- Zoning Map of DCD) At that time the Board recognized that this was a new type of zoning district for the County and future amendments could be anticipated. Since the DCD was established in June 2008, County staff has identified several provisions in the zoning district's regulations that should be added or revised to further clarify district requirements. The Planning Commission passed a resolution of intent to initiate these changes on May 19, 2009. (See Attachment A) DISCUSSION: There are three provisions in the ordinance that need changes. These provisions relate to signs, sidewalk and street tree waivers, and setback provisions for secondary buildings. The proposed ordinance with changes underlined is attached. (Attachment B) Signs- When the DCD district was adopted signage regulations were inadvertently omitted. No sign provisions currently apply to the DCD district. The proposed amendment will apply the sign regulations currently in place for the PUD and NMD districts (Section 4.15.11) to the DCD. Staff believes that these regulations are appropriate for Downtown Crozet, without the need to craft separate regulations because of the smaller sign area maximum requirements, with one exception. Sandwich board signs are a type of sign commonly allowed in most downtown areas and staff believes would be appropriate for Downtown Crozet. Staff is recommending that sandwich boards be allowed in the DCD only. (Refer to Attachment C, Pages 1 -2) Front Setbacks for multiple buildings on the same lot- Having multiple buildings on one lot is a building scenario that was not provided for with the front setback provisions in the DCD district. The current district regulations require that all buildings on a lot meet the front setback requirements and be built to the street. This situation is problematic for lots that may have building(s) behind the building fronting the street. Therefore, provisions to allow multiple buildings on a lot and secondary structures are proposed. The Planning Director will be given authority to determine front setbacks for secondary buildings based on the prevailing building pattern that has developed in the vicinity of the lot. Section 2013.7. Sidewalk and Street Tree Requirements Waiver Provisions- The DCD requirements for sidewalks and street trees represent the desired ultimate streetscape. The DCD District currently stipulates that sidewalks along Crozet Avenue, Three Notch'd Road and new Main Street shall be at least ten (10) feet wide. All other sidewalks shall be at least ZTA 2009 -010 Downtown Crozet District Corrections Planna.ng Commission Public Hearing December 8, 2009 Staff Report Page 1 eight (8) feet wide. Street trees are also required and may be planted within grates on each sidewalk or in a planting strip abutting the sidewalk, spaced at a minimum of twenty -five (25) and a maximum of forty (40) feet on center and the distance of each tree from the edge of the sidewalk shall be approved by the agent. (See illustration below) i6 ...t ... _r_._.. Xi s s _.____.__ ________________ __ _ _ _ _ __ __ _ —. - -- -- --------- �� TIC. 1'Q�.IrlG :5 . is - :,.gnu . SI• :riFFT This section of the ordinance was written ahead of the County's final streetscape design for Downtown, which includes a planting strip and variable width sidewalk of up to 6' -7'. Unfortunately, the ordinance section as written limits the waiver criteria granted to the agent and does not grant broader authority to Commission: Waivers,rom sidewalk requirements. In accordance with the procedures stated in subsection 20133(l), the agent may waive the requirements for a sidewalk and /or street trees where the developer demonstrates that: (i) the Virginia Department of Transportation prohibits establishing sidewalks and /or planting street trees; or (ii) existing utility easements prohibit establishing sidewalks and /or planting street trees. Staff is finding that more flexibility is needed to deal with existing development, right of way widths, easement constraints, on- street parking and bike lanes, and the potential of a historic. To better meet the intent of the DCD, staff believes there should be broader discretion in granting waivers and modifications. The proposed amendments would provide for additional criteria (refer to Attachment C -page 6). These criteria would allow for waivers if there are unusual physical conditions on the lot or an adjoining lot that make it impossible or unfeasible to provide the required sidewalk and /or street trees. RECOMMENDATIONS: Staff recommends the Commission forward a recommendation for approval of the attached ZTA 2009 -010 for DCD corrections (Attachment B) to the Board of Supervisors. ATTACHMENTS: A. Resolution of Intent, dated April 6, 2009 for changes to the Downtown Crozet District regulations B. Draft amendments to the DCD (ZTA 2009 -010) dated October 20, 2009 C. Zoning Map of Downtown Crozet District ZTA 20n9 -010 Downtown Crozet District Corrections Planning Commission Public Hearing December 8, 2009 Staff Report Page 2 RESOLUTION OF INTENT WHEREAS, the Crozet Master Plan describes downtown Crozet as the historical focal point for cultural and commercial activities in Crozet and the surrounding areas; and WHEREAS, one of the findings and recommendations of the Crozet Master Plan is to focus on the redevelopment and invigoration of the downtown area; and WHEREAS, one of the strategies recommended in the Crozet Master Plan to implement the Plan is to establish a zoning district specific to downtown Crozet having regulations specifically designed to be consistent with the Crozet Master Plan; and WHEREAS, on June 11, 2008, the Board of Supervisors established the Downtown Crozet zoning district in Section 20B of the Zoning Ordinance for the purpose of implementing the Crozet Master Plan and adopted a corresponding amendment to the zoning map to establish the district's boundaries; and WHEREAS, since the Downtown Crozet zoning district was established, County staff has identified several provisions in the Downtown Crozet zoning district's regulations that should be revised to further clarify district requirements and to promote the redevelopment and invigoration of the Crozet downtown area, and these provisions recommended for amendment include, but are not limited to, the regulation of signs, the standard of review for waivers from sidewalk requirements considered by the Planning Commission, and the applicable setbacks for secondary buildings when multiple buildings exist on the same lot. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to amend Section 20B of the Zoning Ordinance and any other related regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. ZTA 2009 -010 Downtown Crozet District Corrections Planning Commission Public: Hearing December 8, 2009 Staff Report Page 3 Attachment SA Draft: 10/20/09 ORDINANCE NO. 09 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL REGULATIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Regulations, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 4.15.2 Definitions Sec. 20B.3 Area and bulk regulations Sec. 2013.7 Sidewalks and street trees By Amending and Renaming: Sec. 4.15.11 Regulations applicable in the PUD—D-QD and NMD zoning districts Chapter 18. Zoning Article I. General Regulations Sec. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: Article II. Basic Regulations Sec. 4.15.11 Regulations applicable in the PUDJQQ and NMD zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD). Downtown_ Crozet (DCD) and Neighborhood Model (NMD) zoning districts: Attachment B 4 Sign Area Sign Height Sign Setback Sign Type Number of Signs Allowed (Maximum) Maximum (Minimum) Directory 1 or more per establishment, 24 square feet, aggregated 6 feet 5 feet as authorized by zoning administrator I per street frontage, or 2 per entrance, per lot 24 square feet, aggregated; Freestanding with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than if more than l sign, no 12 feet 5 feet single sign shall exceed 12 4 acres and has more than 1 approved entrance square feet on its frontage 30 feet, but not to Projecting 1 per street frontage 24 square feet exceed the top of the Not applicable fascia or mansard Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary P �' 1 per street frontage per establishment 24 square feet I 12 feet, if freestanding I sip; 20 feet, if 5 feet Attachment B 4 Draft: 10/20/09 all nelo-1111 MAW 7m II&IJI, Ago= t- 'l I !• •" .!! !: �_— • ��• ' t•t- •_ ! •• !� • t- .•� • • !! •� • 1 • (12- 10 -80; 7 -8 -92, §4.15.12.4; Ord. 01- 18(3), 5 -9 -01; Ord. 03-18(2),3-19-03) State law reference — Va. Code § 15.2 -2280. Article III. District Regulations Sec. 20B.3 Area and bulk regulations Area and bulk regulations within the DCD are as follows: A. Area and bulk regulations, generally. Any buildings, structures (collectively, "buildings ") and improvements established on and after June 11, 2008 and to which subsection 2013.3(13) does not apply, shall be subject to the following area and bulk regulations and subsections 20B.3(C) through (J): Building Setbacks (See Figure 1) Primary Buildings Front - Minimum Front - Maximum Side - Minimum except from accessway or alley Side- Minimum from accessway or alley Side - Maximum (See Figure 2) Rear- Minimum 1 foot 10 feet, except up to 20 feet with administrative modification (See subsection 20B,3(H) 0 feet 3 feet, except 1 foot within a building facade break 20 feet, except with administrative waiver (See subsection 20B.3(H)) 0 feet 1 foot Prevailin¢ building pattern as determined by director of planning 0 feet 3 feet except 1 foot within a budding facade break Prevailing building pattern, as determined by director of planning Lid See also subsection 20B.3(C) for corner lots residential wall sign or 30 feet if nonresidential wall sign, but not to exceed the top of the fascia or mansard 1 square foot per I linear foot of establishment 20 feet, if residential structure frontage, not to wall sign or feet if Same as that Wall As calculated pursuant to section 4.15.20 exceed 32 square feet if a ns l wall nonresidential applicable to residential wall sign, or structure 100 square feet if sign nonresidential wall sign all nelo-1111 MAW 7m II&IJI, Ago= t- 'l I !• •" .!! !: �_— • ��• ' t•t- •_ ! •• !� • t- .•� • • !! •� • 1 • (12- 10 -80; 7 -8 -92, §4.15.12.4; Ord. 01- 18(3), 5 -9 -01; Ord. 03-18(2),3-19-03) State law reference — Va. Code § 15.2 -2280. Article III. District Regulations Sec. 20B.3 Area and bulk regulations Area and bulk regulations within the DCD are as follows: A. Area and bulk regulations, generally. Any buildings, structures (collectively, "buildings ") and improvements established on and after June 11, 2008 and to which subsection 2013.3(13) does not apply, shall be subject to the following area and bulk regulations and subsections 20B.3(C) through (J): Building Setbacks (See Figure 1) Primary Buildings Front - Minimum Front - Maximum Side - Minimum except from accessway or alley Side- Minimum from accessway or alley Side - Maximum (See Figure 2) Rear- Minimum 1 foot 10 feet, except up to 20 feet with administrative modification (See subsection 20B,3(H) 0 feet 3 feet, except 1 foot within a building facade break 20 feet, except with administrative waiver (See subsection 20B.3(H)) 0 feet 1 foot Prevailin¢ building pattern as determined by director of planning 0 feet 3 feet except 1 foot within a budding facade break Prevailing building pattern, as determined by director of planning Lid See also subsection 20B.3(C) for corner lots Draft: 10/20/09 Parking Setbacks Front - Minimum -As a primary use (stand alone parking) Same as maximum front building setback (10 feet, except up to 20 feet with modification (See subsection 20B.3(J)) Front - Minimum -As an accessory use No closer to the right -of -way than any existing or proposed primary structure on the lot. Parking areas shall be located to the rear and /or side of the primary structures, as viewed from the right -of -way to which the lot abuts. On corner lots, the parking areas shall be located to the side or rear of the primary structure, and not between the structure and any rights -of -way that intersect at the corner. Side- Minimum -As a primary use (stand alone parking) 0 feet Side - Minimum -As an accessory use 3 feet Rear (Minimum) 0 feet Stepbacks (See Figure 4) Front - Minimum Floors above 40 feet or the third story shall be stepped back a minimum of 15 feet Building fagade breaks (See Figure 3) Front - Minimum Every 200 linear feet (See section 20B.3(E)), except with administrative waiver (See section 20B.3(H)) Lot size Minimum 1500 square feet Density Residential - Maximum 36 dwelling units per acre Frontage Minimum None Building Height (See Figure 4) Minimum height -by right 30 feet or 2 stories Minimum height -by special use permit 1 story Maximum height —by right 50 feet or 4 stories Maximum height-by special use permit 70 feet or 6 stories B. Area and bulk regulations, pre- existing buildings, structures and improvements. Notwithstanding subsections 6.3(A)(1) and (3), and subsection 20B.3(A) of this chapter, any building or structure established before, and existing on, June 11, 2008, may be extended or enlarged without complying with the maximum front and maximum side yard setbacks and the minimum front yard setback for parking as an accessory use. C. Corner lots; determination of front and other sides. Notwithstanding sections 4.6.2(b) and 4.6.3 of this chapter to the extent they determine when front yard setbacks apply, for purposes of determining setbacks on corner lots the director of planning (the "director ") shall determine which side of a corner lot abutting a street shall be the front based upon the prevailing building pattern that has developed in the vicinity of the lot, and shall then determine which other sides will be the sides and rear of the lot. D. Minimum standards for a building fagade break. Each building fagade break shall provide either pedestrian access or motor vehicle and pedestrian access to the side and /or rear of the building on the same lot. A building fagade break providing only pedestrian access shall be a sidewalk having a minimum width of five (5) feet. A building fagade break providing both motor vehicle and pedestrian access shall have a travelway at least twelve (12) feet in width and a sidewalk on at least one side having a minimum width of five (5) feet. The travelway and the sidewalk shall be designed and constructed to the applicable standards in the design standards manual. Buildings separated by a building fagade break shall have a minimum separation of the width of the pedestrian access or motor vehicle and pedestrian access at all points above the ground. See Figure 3. LP Draft: 10/20/09 E. Building entrances. Each building abutting a street shall have a primary entrance from either the front or side of the building. A building also may have secondary entrances on the side or rear of the building. If the primary entrance is located on the side of a building, its doors shall face the front of the building. F. Stories. For the purposes of this section 20B, each story shall be visibly discernible from the street and be composed of habitable space and/or occupiable space, as defined by the Virginia Uniform Statewide Building Code. Visibly discernible stories shall be achieved through the use of windows or building entries on each story, using varied building materials, special ground -floor design treatments, or other facade elements or other architectural details. In accordance with the procedures stated in subsection 20B.3(141), the director may waive the requirement that windows, building entries or other facade elements be used to make each story visibly discernible if the applicant demonstrates to the satisfaction of the director that the use of other architectural details would render the stories visibly discernible to an equivalent degree. G. No structures within easements within setbacks. No structures shall be established within easements located within setbacks. H. Modifications or waivers to change maximum setbacks or minimum building favade break. In accordance with the procedures stated in subsection 20B.3(1), the director may modify the ten (10) foot front building setback and authorize the front building setback to be increased to up to twenty (20) feet, may waive the maximum side yard setback and establish a different setback, and may waive the minimum building facade break and establish a different minimum building facade break. The director may grant a waiver or modification in the following circumstances: (i) to allow outdoor cafe seating; (ii) to accommodate public spaces and plazas; (iii) where topography, easements, or unusual physical conditions make compliance with the requirement impracticable; (iv) where the required sidewalk and street trees are located on the lot instead of in a public right -of -way; (v) the strict application of the requirement would not further the purposes of this chapter or otherwise serve the public health, safety or welfare, and the waiver or modification would better achieve the goals of the comprehensive plan or provide a design that better meets the purpose and intent of the DCD; or (vi) the waiver or modification would allow the building to be consistent with the prevailing building pattern that has developed in the vicinity of the lot. I. Procedure for administrative modifications and waivers. Applications for modifications or waivers (collectively, "waivers ") authorized to be reviewed and acted upon by the director or the agent (collectively, the "director"), as applicable, pursuant to this section 20B shall be reviewed and acted upon according to the following procedure: 1. Application. The applicant shall file a written request with the department of community development stating why one or more of the applicable circumstances exist or criteria are satisfied to allow the waiver to be granted. 2. Action by the director. The director shall act on the waiver request in conjunction with the county's action of the site plan, subdivision plat or special use permit or, if no such action is required, within thirty (30) days of the date the application was submitted and determined to be complete. The director may grant the waiver if he or she determines that one or more applicable circumstances exist or criteria are satisfied. In granting a waiver, the director may impose conditions deemed necessary to protect the public health, safety, or welfare. If review of a site plan or subdivision plat by the commission is requested, the agent may either act on the waiver or defer action and allow the commission to act on the waiver as part of its consideration of the plan or plat, in which case the commission shall have the same authority as though it were considering the waiver on appeal. 4 Draft: 10/20/09 Appeal to the commission or the board. The denial of a waiver, or the approval of a waiver with conditions objectionable to the applicant, may be appealed from the director to the commission and from the commission to the board, as the case may be, as an appeal of a denial of the plat, as provided in section 14 -226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9 of this chapter, to which the waiver pertains. If subdivision plat or site plan approval is not required, the applicant may file a written appeal with the clerk of the board of supervisors within ten (10) days of the date of the written action by the director or the commission. A waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors without the filing of an appeal. In considering a waiver on appeal, the commission or the board may grant or deny the waiver based upon its determination of whether one or more applicable circumstances exist or criteria are satisfied, amend any condition imposed by the director or the commission, and impose any conditions deemed necessary to protect the public health, safety, or welfare. Waiver to allow alternative location of parking area. The parking area setback requirements in subsection 20B.3(A) may be waived as follows: Consideration by commission. The commission may waive the parking area setback requirements in subsection 20B.3(A) and allow a parking area to be located between a street and a primary structure, subject to reasonable conditions that it may impose, upon a finding that: a. There are unusual physical conditions on the lot or an adjoining lot including, but not limited to, the location of existing structures and parking areas, steep topography or other environmental features, narrowness or shallowness or the size or shape of the lot that make it impossible or unfeasible to provide parking to the side or rear of a primary structure; b. The potential safety of patrons and employees cannot be achieved with adequate lighting and other reasonable design solutions; or c. The strict application of the applicable regulations in subsection 20B.3(A) would not further the purposes of this chapter or otherwise serve the public health, safety, or welfare or achieve the goals established in the comprehensive plan. 2. Consideration by the board of supervisors. The board of supervisors may consider a request under this subsection only as follows: a. The denial of the request, or the approval of the request with conditions objectionable to the applicant may be appealed to the board of supervisors as an appeal of the plat, as provided in section 14 -226 of the Code, or a denial of the site plan, as provided in sections 32.4.2.7 or 32.4.3.9 of this chapter, to which the waiver pertains. If subdivision plat or site plan approval is not required, the applicant may file a written appeal with the clerk of the board of supervisors within ten (10) days of the date of the written action by the director or the commission. A waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors without the filing of an appeal. b. In considering a request, the board may grant or deny the request based upon the findings set forth in subsection 20B.3(J)(1), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection 20B.3(J)(1). K Terms defined The term "nrimary building" means one or more buildings or structures on a lot that comply with the minimum and maximum front yard setback requirements for a primary building as Draft: 10/20/09 • • • . • • till-If • • • c U• • (Ord. 08- 18(3), 6- 11 -08) 2011.7 SIDEWALKS AND STREET TREES For each development requiring approval of a site plan under section 32 of this chapter, sidewalks and street trees in the DCD shall be provided as follows: A. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the Virginia Department of Transportation shall be designed and constructed according to Virginia Department of Transportation standards or to the standards in the design standards manual, whichever is greater. Each sidewalk proposed to be privately maintained shall be constructed using concrete, designed so that no concentrated water flow runs over them, and otherwise satisfy the standards in the design standards manual. Each sidewalk on Crozet Avenue, Three Notch'd Road and the street identified in the Crozet master plan as the new Main Street shall be at least ten (10) feet wide. All other sidewalks shall be at least eight (8) feet wide. See Figure 9. B. Sidewalk ownership. Each sidewalk, including street trees, proposed to be accepted for maintenance by the Virginia Department of Transportation, shall be dedicated to public use. Each sidewalk, including street trees, proposed to be privately maintained, shall be maintained by the owner of the lot on which the sidewalk and street trees exist or an owners association that is obligated to maintain the sidewalk and street trees. The agent may require that a sidewalk proposed by the developer to be privately maintained instead be dedicated to public use if the agent determines that the sidewalk serves a public purpose and there is a need for the sidewalks to be publicly owned and maintained. C. Street trees. Notwithstanding section 32.7.9.6 of this chapter, street trees shall be planted within grates on each sidewalk or in a planting strip abutting the sidewalk, spaced at a minimum of twenty -five (25) and a maximum of forty (40) feet on center and the distance of each tree from the edge of the sidewalk shall be approved by the agent. Street trees shall be selected from a current list of recommended large shade trees, subject to the approval of the agent when site conditions warrant medium shade trees. See Figure 9. D. Waivers from sidewalk and/or street tree requirements. In accordance with the procedures stated in subsection 20133(l), the agent may waive the requirements for a sidewalk and /or street trees where the developer demonstrates that: (i) either the Virginia Department of Transportation prohibits establishing sidewalks and/or planting street trees; or- {ii) gr existing utility easements prohibit establishing sidewalks and/or planting street trees; (ii) there are unusual physical conditions on the lot or an adjoining lot including but not limited to the location of existing structures and narking areas, steer topography v or other environmental features the narrowness shallowness, size or shape of the lot, or the width or alignment of the existing sidewalk, that make it impossible or unfeasible to provide the required sidewalk and/or street trees as provided in subsections 2011 7(A) and (C)• or Giil the strict application of the requirements of subsections 2011 7(A) and (C) would not further the purposes of this chapter or the DCD or otherwise serve the public health safety, or welfare or achieve the goals established in the comprehensive plan. Draft: 10/20/09 Figure 9: Sidewalks and street trees _------------------ ------ - - - - -- - - - -- ---- - - - - -- - - - - - -------- - - - - -- - -� -- A 10' min. req _ u e ',r %SFr (Ord. 08- 18(3), 6- I1 -08) I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Ave Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors �D 1�11 a. z z 0 N cn W N 0 z 3: 0 F- z 3: 0 D , 0- 0�61 Ei 0 rl it. No ENE ■■■■■ 0 0 F-'Ij Ell 1 1❑1 1 1 MR F1 1�11 a. z z 0 N cn W N 0 z 3: 0 F- z 3: 0 D , 0- 0�61 Ei 0 rl it.