Overview. Review Zoning Rewrite Project Zoning Ordinance Subdivision Ordinance

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2 Overview Tonight s Work Session Review Zoning Rewrite Project Zoning Ordinance Subdivision Ordinance Revisions in current drafts Amendments recommended by the Planning Commission Additional amendments for consideration 2

3 Project Initial Goals Reformatted and reorganized, use of tables, graphics Clear, consistent and user-friendly ordinances Implement city plans and policies Improved standards supporting more predictable process, less reliance on legislative approvals Efficient process for routine, administrative approvals Consistency with federal, state, other city laws Hybrid zoning: form-, use-, & impact-based standards Mixed use districts, promote redevelopment and infill Support economic and sustainable development 3

4 Project Opportunity to Fix Problems Reduce nonconformities Residential Nonresidential Address future needs Improve planned developments Should produce better development Overused due to inadequate general district standards Improve standards Make development review more predictable Reduce need for legislative decisions 4

5 Zoning District Changes/ Nomenclature New CU, Commercial Urban PD-I, Industrial Planned Delete Old Town Redevelopment Highway Corridor Overlay Improve Planned Development 5

6 Zoning Summary of Development Review Procedures Streamlined Procedures BAR will have reviewed prior to City Council Administrative Adjustment -- up to 20 percent of numerical standards 6

7 Consolidated Use Table Zoning 7

8 Zoning Revised Dimensional Standards: Residential RM and RH districts Min. side yard setback RM Current 15 feet RM Proposed 8 feet RH Current 12 feet RH Proposed 8 feet Limitation Closer than12 feet has max height of 15 feet 8

9 Zoning Revised Dimensional Standards: Residential RT and RMF districts Max. height stories/feet RT Current 3/35 RT Proposed 4/45 RMF Current 3/35 RMF Proposed 4/45 Limitation Not adjacent to RL, RM, or RH district 8

10 Zoning Revised Dimensional Standards: Nonresidential CU district Where? See purpose statement (key Fairfax Boulevard intersections: Main Street, Chain Bridge Road, and Old Lee Highway) Not mapped yet What? See regulations at left Height? Maximum determined by residential adjacency 9

11 Overlay Districts Old Town Fairfax Historic Overlay District Zoning Current Maximum Height: 35 feet Proposed Maximum Height: 36 feet Old Town Fairfax Transition Overlay District Current Maximum Height: 43 feet Proposed Maximum Height: General requirement: 48 feet Upper Story Residential/Mixed Use: 60 feet 10

12 Zoning Horizontal Compatibility Transitional Yards Fences or walls Trees Shrubs Alternative Compliance 11

13 Horizontal Compatibility District boundary transitional yards Zoning 12

14 Vertical Compatibility Zoning 13

15 Zoning Improve Sign Standards Reviewed for content-based provisions Reed v. Town of Gilbert (US Supreme Court) Clarify sign area and height measurement Eliminate master sign plan Increase sign area Wall: from 1.5 to 2.0 sq. ft. per foot of building frontage Aggregate: from 1.5 to 2.0 sq. ft. per foot of building frontage Monument: from 1.5 to 1.8 sq. ft. per foot of lot frontage Increase monument sign height Monument: From 6 to 10 feet Add crown signs: For building more than 50 feet high 14

16 Zoning Update Parking Standards Reviewed existing standards/best practices Reduction recommended where reasonable Old Town Fairfax Historic Overlay District, District A: 100% Old Town Fairfax Historic Overlay District, Other: 50% Old Town Fairfax Transition Overlay District, for nonresidential uses: 50% CU, Commercial Urban District, for structured parking: 10% Standards based on measurable, objective features Units Beds Rooms Gross floor area Enrollment 15

17 Subdivision Update for VA statutory consistency Procedures Preliminary plats only for large subdivisions (50+ lots) Subdivision review is administrative, not legislative Final plat is delegated to zoning administrator 16 Fairfax Zoning Rewrite / City Council Work Session

18 Subdivision Update for VA statutory consistency Standards Streets (connectivity) Sidewalks Lots and blocks Easements Utilities Bonding and security Public Facilities Manual Technical standards 17 Fairfax Zoning Rewrite / City Council Work Session

19 Subdivision Sidewalks, when required Sidewalks Required on Both Sides of All Streets, except: Where a lot being subdivided or developed for single family use fronts on an existing street and there is no existing sidewalk on the same block face, no sidewalk shall be required; and Where required by the zoning administrator 18 Fairfax Zoning Rewrite / City Council Work Session

20 Revisions & Amendments Revisions included in prepared in response to work sessions and community meeting review of the draft Amendments recommended by the Planning Commission in response to public hearings held in May and June Additional amendments recommended in response to additional staff review and continued community input 19 Fairfax Zoning Rewrite / City Council Work Session

21 3.2 Districts Established / Purpose Statements (page 3-1): Add affordable housing requirements and goals for the City. Revision No revisions have been made at this time to the draft ordinance in reference to this item. Provisions for bonus density for affordable housing units may be added to the ordinance in the future when: (1) community needs are documented and understood; and (2) a supporting program has been developed. Discussions with Fairfax County are underway regarding County administration of an affordable dwelling unit program for the City. 20

22 Revision B Principal uses (page 3-5): A number of uses require special use permits even though they have specific use standards. Consider reducing the number of uses that require special use permits. Concern about women s health centers and the medical care facilities use type. Suggest clarification of use type and elimination of SUP where medical offices are permitted by right. Revision: The use types in draft ordinance were revised as follows: Townhouses was added as a special use in the CU district Adult day care was added as a permitted use in the CU district Day care centers was added as a permitted use in the CU district Government uses (other than those listed) was revised from a permitted use to a special use in the RL through the CL districts 21

23 Revision Continued Revision: The use types in draft ordinance were revised as follows: Hospitals was added as a new use type and listed as a special use in the CO, CR, CG, IL, and IH districts Medical care facilities was revised from a special use to a permitted use in the CG district and added as a permitted use in the IL and IH districts Nursery schools was revised from a special use to a permitted use in the CL through CU districts and added as a permitted use is the CG district Parks and open space was added as a permitted use in the CU district Social service delivery was revised from a special use to a permitted use in the CG, IL, and IH districts Utilities, minor was revised from a special use to a permitted use in the RMF district Amusement centers was added as a special use in the CU district 22

24 Continued Revision Revision: The use types in draft ordinance were revised as follows: Animal care facilities was added as a special use in the CO district and revised from a permitted use to a special use in the CR district Art galleries or studios was revised from a permitted use to a special use in the RT and RMF districts, added as a permitted use in the CL district, and revised from a special use to a permitted use in the CU district Building supplies and lumber sales was added as a special use in the CU district Catering and delivery was added as a permitted use in the CR, CG, IL, and IH districts Furniture and appliance stores was added as a permitted use in the CU district 23

25 Continued Revision Revision: The use types in draft ordinance were revised as follows: Offices, general was revised from a special use to a permitted use in the IL district and added as permitted use in the IH district Offices, medical was revised from a special use to a permitted use in the IL district and added as a permitted use in the IH district Parking, commercial was added as a special use in the CU district Retail, general was added as a permitted use in the IL and IH districts Schools, technical, trade, business was added as a permitted use in the IH district 24

26 Revision C Group homes/senior (page 3-19): Group home only for seniors over the age of 61. This may create a problem as there isn t a category for students or other people Revision: The draft ordinance was revised to delete provisions related to Group homes/senior. 25

27 Revision D.1 Accessory dwelling units (page 3-33): Consider permitting accessory units in structures separate from principal structure, especially on larger lots. Support for accessory dwelling units by-right as proposed D.1 Accessory dwelling units (page 3-33): Concern that an accessory unit is similar to a duplex. Support for retaining accessory dwelling units as special use. Revision: The draft ordinance was revised to change Accessory dwelling units from a permitted use to a special use in the RL, RM, and RH districts. 26

28 Revision D.14 Keeping of chickens and other fowl (page 3-41): Concern about impacts, cleanliness, inclusion of other fowl, attraction of predators (coyotes, foxes) into neighborhoods, feed attracting rodents, and inspection/enforcement. Consider eliminating the provisions for chickens/other fowl altogether or limit to certain zoning districts D.14 Keeping of chickens and other fowl (page 3-41): Support for keeping chickens in residential areas but questions whether provision to prevent enclosure within 25 feet of property owners dwelling is necessary. Would challenge someone to find the existing chickens that are in the City currently. Support for 6 chickens instead of 4. 27

29 Revision Revision: The draft ordinance was revised to permit Keeping of chickens in the RL district and on other single-family residential lots with a minimum of 20,000 square feet only. The RM district was removed. The draft ordinance was further revised to remove other fowl. The requirement that the enclosures be located 25 feet from on-site structures was removed. 28

30 Revision D.15 Keeping of dogs (page 3-42): Concern about the number of pigs permitted, size of the pigs, including pigs within the same provision as dogs, smells, and permitting/enforcement. Consider a separate regulation from dogs, limiting the zoning districts, and/or limiting to one pig per property. Revision: The draft ordinance was revised to remove miniature pigs. 29

31 Revision E Parking ratio requirements (page 4-3): General concern about proposed reductions in parking requirements, particularly shopping centers, retail, office, and restaurants. Suggestion to consider excluding restaurants from a standard shopping center parking ratio. Suggestion to ensure that the parking ratio for adult day care is inclusive of volunteers that may serve a facility. Revision: The parking ratios in the draft ordinance were revised as follows: Office, general was increased from one space per 400 to one space per 300 square feet of floor area Shopping centers was increased from one space per 250 to one space per 200 square feet of floor area Warehouse/freight movement was reduced from one space per 500 to one space per 1000 square feet of floor area 30

32 Revision 4.11.C Underground Utilities (page 4-52): Evaluate whether there are options in lieu of special exceptions for utility undergrounding or for the timing to consider the extent of undergrounding. Revision: The draft zoning ordinance was revised as follows: Temporary overhead facilities required for construction purposes shall be permitted. The city council may grant special exceptions to modify the requirements of this provision if the applicant demonstrates that the requirements pertaining to the underground placement of utilities in adjacent rights-of-way will result in an expense that exceeds five percent of the total construction costs. Special exceptions to the above requirement shall only be granted by the city council pursuant to the procedures and limitations established for special use permits set forth in of

33 Required yards (page 1-9 through 1-11): Amendment B. Front yards 2. Corner lots On corner lots, the front property lot line is the property lot line with the shortest street frontage that is parallel to the rear lot line. C. Side yards 2. Corner lots On corner lots, (a) All lot lines not adjacent to a street shall be considered side (interior) yard lot lines; and (b) The side (street) lot line shall be the lot line with the lot line with the longest street frontage. E. Rear yards 2. Corner lots On corner lots, no rear yard shall be required. 32

34 1.6.6 District conversion (page 1-15): Amendment 33

35 Amendment E.2 Medical care facilities (page 3-8): Facilities providing medical or surgical care or surgery to patients, which may or may not offer overnight care, such as hospitals, urgent care facilities, or surgical centers, or any similar use. Surgical centers are outpatient facilities that offer surgery using general anesthesia or deep sedation. Medical care facilities does not include hospitals or medical offices, except accessory to other permitted uses. 34

36 Amendment F.3 Offices, medical (page 3-9): An office in which at least one doctor, dentist, psychiatrist, physician s assistant, nurse practitioner or similar medical provider treats or provides patients with counseling services patients. Medical office does not include medical care facilities. Medical office may not exclude a use based solely on the type of outpatient treatment or outpatient procedures provided there, except for those uses listed as medical care facilities. Medical office does not include speech therapy, tutoring, or marriage counseling. 35

37 Amendment D.12 Home occupations (pages 3-38 through 3-40): Home occupations (a) Prohibited home occupations The following uses are not permitted as home occupations: 1. Vehicle service; 2. Vehicle repair; 3. Plant nurseries and greenhouses; 4. Manufacturing, heavy, which relates to the handling, processing, packing, or serving of food directly or indirectly to the public; 5. Medical or dental laboratory; 6. Restaurant or food services; 7. Sale or repair of firearms; 8. Bulk storage of flammable liquids; 9. Funeral homes; and 10. Animal care facilities. 36

38 3.5.5.D.12 Home occupations (pages 3-38 through 3-40): Amendment (c) Minor home occupations Minor home occupations means the use of an area located within a dwelling unit for business or commercial purposes. Such uses shall comply with the following additional requirements: 1. No person other than a member of the family residing on the premises shall be engaged in the home occupation; 2. Customers and employees coming to the residence to conduct business shall not be permitted, except for student Student instruction, where allowed, shall be limited as follows: (i) Such instruction shall be limited to a total of eight students per day, with no more than 40 total per week or six students present at any one time, between the hours of 8:00am and 9:00pm (ii) Gatherings of students and families for exhibitions and group activities may take place on the premises no more than four times per year. Such gatherings shall be consistent with the residential character of the neighborhood and shall conform to all applicable regulations regarding noise and parking. 37

39 3.7.3.E Off-street parking (page 3-57): Amendment The parking ratio requirements of E shall be reduced by 50 percent for all uses, provided that each dwelling unit shall have no less than spaces, unless otherwise specified in E. 38

40 Additional Amendment C Accessory use table (page 3-33): E Parking ratio requirements (page 4-3): 39

41 Additional Amendment A.5 Residential districts (pages 4-45 and 4-46): (c) For purposes of 4.7.3, all yards on corner lots located between a right-of-way line and the nearest wall of the principal structure shall be considered front yards. 40

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