ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of November 15, 2005 DATE: November 7, 2005 SUBJECT: Ratification of advertisement of public hearings for the proposed amendment to Section 33. Automobile Parking, Standing and Loading Space, Subsection A. General Requirements, Sub-subsection 8., and Section 36. Administration and Procedures of the Arlington County Zoning Ordinance to amend, reenact, and recodify the Zoning provisions, to permit secondary use of parking lots that are accessory to places of worship or lodges and that are not operated primarily for commercial gain, as a matter of right, by off-site users when such use is for a period of thirty (30) days or fewer and does not occur more than once in a onehundred eighty (180)-day period; and to permit, by use permit, the regular use of said parking lots for a period that exceeds thirty (30) days. C. M. RECOMMENDATION: Ratify the advertisement of public hearings for the proposed amendment to Sections 33, and 36 of the Arlington County Zoning Ordinance at the November 28, 2005 Planning Commission and the December 10, 2005 County Board meetings to amend, reenact, and recodify the Zoning Ordinance provisions, to permit secondary use of parking lots that are accessory to places of worship or lodges and that are not operated primarily for commercial gain, as a matter-of-right, by off-site users, for a thirty (30)-day period and when such use is for a period of thirty (30) days or fewer and no more than once in a one hundred eighty (180)-day period; and to permit, by use permit, the regular use of said parking lots by off-site users for a period that exceeds thirty (30) days. The amendment is proposed in order to address parking congestion; to encourage orderly and efficient land use development; to facilitate the creation of a convenient, attractive and harmonious community; and for other reasons required by the public necessity, convenience and general welfare and good zoning practice. SUMMARY: On May 9, 2005, the County Board authorized the advertisement of the public hearings for the proposed Zoning Ordinance amendment that would permit secondary use of parking lots that are accessory to places of worship and lodges located in the R and RA Districts by use permit, by off-site users. The proposed hearing dates were June 6, 2005 for the County Manager: County Attorney: Staff:: Sakura Namioka, Angie de la Barrera, Colleen Connor, Rasheda DuPree, CPHD/Planning Division Sarah Stott, DES/Traffic Engineering

2 Planning Commission and June 18, 2005 for the County Board. After the proposal was reviewed by the Planning Commission, the Transportation Commission and the citizens groups, staff received several comments concerning the original proposal. Consequently, the public hearings were deferred twice to the December 10, 2005 County Board meeting. A community forum was held on September 21, 2005, to solicit community input to the proposed Zoning Ordinance amendment. After a careful study of the comments received, staff prepared the revised Zoning Ordinance amendment language contained in this report. The revised language will permit secondary use of parking lots that are accessory to places of worship and lodges by off-site users, as a matter of right, for a thirty (30)-day period and no more than once in a one hundred eighty (180)-day period. The regular use of those parking spaces for a period that exceeds (30) days will be permitted by use permit. The revision also adds some details to the original language to address the issues raised at the community process. In commercial, industrial and high density residential districts, the secondary use of accessory parking spaces by off-site users are already permitted by the current Zoning Ordinance, thus it is not necessary to amend the provisions for these Zoning Districts. Therefore, it is recommended that the County Board ratify the advertisement of the public hearings at the November 28, 2005 Planning Commission and the December 10, 2005 County Board meetings for the revised Zoning Ordinance amendment proposal. BACKGROUND: Staff surveyed a total of 116 places of worship and lodges for this Zoning Ordinance amendment proposal and analyzed the result. The data include all places of worship and major lodges in the County. The following table shows that approximately 50 percent of subject parking lots has parking spaces between 20 and 99 spaces. Places of Worship and Lodges; No. of Parking Lots Parking Lots by No. of Spaces Lots with fewer than 20 spaces 14 (14%) Lots with spaces between 20 and (31%) Lots with spaces between 50 and (20%) Lots with more than 100 spaces 11 (11%) No parking lots 25 (24%) Total 102 Set forth below is a table that lists the number of places of worship and lodge parking lots by type of street access. Among the controlled access highways that traverse through the County, only Arlington Boulevard provides direct access to some abutting properties. Sixty-seven (67) percent of the subject sites have access to neighborhood principal or higher classification streets and 56 percent of the subject parking lots have access to Minor Arterials or higher classification streets. Request to Advertise - 2

3 Parking Lots With Primary Access from: No. of Parking Lots Parking Lots With Secondary Access from: No. of Parking Lots Controlled Access 3 Controlled Access 1 Other Principal Arterials 27 Other Principal Arterials 7 Minor Arterials 17 Minor Arterials 7 Neighborhood Principal 9 Neighborhood Principal 3 Neighborhood Minor 27 Neighborhood Minor 38 Total Chronology of Events: On May 9, 2005 (Recessed session of May 7, 2005 meeting), the County Board authorized the advertisement of the public hearings for the proposed Zoning Ordinance amendment that is described in this report. The proposed hearing dates were June 6, 2005 for the Planning Commission and June 18, 2005 for the County Board. After the proposal was reviewed by the Planning Commission, the Transportation Commission and the citizens groups, staff received several comments concerning the original proposal. Consequently, the public hearings were deferred to the December 10, 2005 County Board meeting. A community forum was held on September 21, 2005, as suggested by the Planning and Transportation Commissions, to solicit input from all places of worship, representatives of lodges, and all civic associations. In addition staff received comments through correspondence. The comments heard at the Forum are addressed in the revised Zoning Ordinance amendment language. The originally advertised language is in the Attachment A. A list of the Chronology of events is as follows: May 7, 2005: The County Board authorized advertisement of public hearings for the original proposal. June 2, 2005: The Transportation Commission: Defer to Oct CB Mtg. Community outreach with Civic Federation, and civic associations. June 8, 2005: The County Board deferred the consideration of the original proposal to October 15, 2005 County Board meeting. June 18, 2005: Planning Commission: On June 18, 2005 reviewed the original proposal. Recommended to defer to Oct 15, 2005 CB meeting. A representative from a church spoke and recommended to adopt the original proposal. July 7, 2005: The Zoning Committee (ZOCO) of the Planning Commission met and reviewed the proposed original Zoning Ordinance amendment for secondary use of parking lots that are accessory to places of worship and lodges. The key issue discussed was about pending case of the Board of Zoning Appeals associated with secondary uses of the parking lot that is accessory to a Masonic Temple. ZOCO requested staff to share the staff report/recommendation with the Planning Commission at its earliest availability. September 21, 2005: A community forum was held for the proposed Zoning Ordinance amendment. Request to Advertise - 3

4 September 29, 2005: The Transportation Commission reviewed the proposal and recommended that the County Board take no action on the proposal to respond its comments. October 15, 2005: The County Board deferred the consideration to the December 15, 2005 County Board meeting. October 18, 2005: The ZOCO reviewed the proposal again and provided comments concerning duration of time for temporary use and frequency of the temporary uses. The response to the comments were incorporated in this report. November 2, 2005: The Transportation Commission reviewed the proposed revised Zoning Ordinance amendment and recommended the County Board to approve by a majority vote. DISCUSSION: Parking congestion on the streets, demands for off-street parking spaces, and inefficient use of existing parking lots have been growing issues in the County. Many parking lots in the County are accessory to the primary use of the site and only the occupants, employees or visitors to the primary use are permitted to park in the lots. Consequently they stay vacant when the primary use on the site is closed. This under-use of existing parking lots is common with places of worship and lodges that frequently have large parking lots, while the hours of primary uses are relatively limited. In some cases these lots are being leased to provide additional parking for off-site users. The current Zoning Ordinance, however, does not allow this practice, unless it is specifically permitted by site plan or other means. Some members of the community believe that in some circumstances it may be appropriate to allow this secondary use of the parking and have requested staff to study this Zoning Ordinance amendment. The proposal would permit the County Board to consider approving secondary parking use on these sites. The Existing Zoning Ordinance: The current Zoning Ordinance requires places of worship and lodges to provide accessory parking spaces. These accessory parking spaces are permitted to be used by any on-site users of the facility on the main site. For instance, many places of worship provide space for community or instructional uses, such as meeting spaces for civic associations, Boy Scout, Alcoholic Anonymous; spaces for Food Pantry, the Meals on Wheels, senior citizens exercise, community choral groups practice, Children s Closing Exchange, day care centers, and athletic or music school uses. Parking generated by these uses is permitted to use the accessory parking as a matter of right. If a use on a main site is permitted by a use permit approval, such as on site schools or daycare centers, the use permit approval would include the use of accessory parking by the attendants and visitors of the approved uses without obtaining separate use permit approvals. Section 33.A.8.a. of the Zoning Ordinance restricts secondary use of parking lots that are accessory to any uses located in the R and RA Districts including places of worship or lodges to only on-site users. Its language is as follows: No parking spaces located in a private parking area in R or RA Districts except in RA-H Districts shall be used by any persons other than persons engaging in the use for which the parking is Request to Advertise - 4

5 provided such as occupants of the premises, their visitors and employees at the site. Thus, to achieve the proposed intent to permit off-site users to use parking lots that are accessory to places of worship or lodges, an amendment to Section 33.A.8.a. is required. In C, C-O, M, RA-H, or R-C Districts, Section 33.A.8.c. permits off-site users to use parking that is accessory to any use in these zoning districts, provided that those spaces are made available at all times to on-site users at least at the same rates as to off-site users, and provided that there is no demand for said spaces by on-site users. Thus, off-site users are permitted to use parking lots that are accessory to places of worship and lodges located in C, C-O, M, RA-H, or R-C Districts, as a matter of right, when there is no demand generated by on-site users. The proposed Zoning Ordinance amendment will permit secondary use of parking lots that are accessory to places of worship and lodges by off-site users, as a matter of right, for a thirty (30)- day period and no more than once in a one hundred eighty (180)-day period; and, by use permit, the regular use of those parking spaces for a period that exceeds (30) days. In addition, it will permit, by use permit, the regular use of said parking lots for a period that exceeds thirty (30) days, provided that said approval will not negatively impact the surrounding area, and such use will promote compatibility of the use with the surrounding neighborhood. A thirty day period or shorter is a generally accepted time period for a temporary use. To mitigate potentially negative impacts, the location of the parking lots, the proposed number of the secondary parking spaces, hours of operation, the access to the parking lots and proximity of the parking lots to major streets and other pertinent factors will be reviewed at the time of use permit application review, on a case by case basis depending on the specific conditions of the proposed parking lots. Offsite users are defined as persons who will use the parking lots without engaging in the use for which the parking is provided such as occupants of the premises, their visitors and employees at the site. CONCLUSION: Parking demands for off-street parking spaces and inefficient use of existing parking lots have been growing issues in the County. Many parking lots in the County are accessory to the primary use of the site and only the occupants, employees or visitors to the primary use are permitted to park in the lots leaving underused lots when the primary use on the site is closed. The proposed Zoning Ordinance amendment is the first effort to amend this practice. The Zoning Ordinance amendment is proposed to address parking congestion; to encourage orderly and efficient development of public facilities; to facilitate the creation of a convenient, attractive and harmonious community; and for other reasons required by the public necessity, convenience and general welfare and good zoning practice. The proposal has been revised after the original advertisement of June 18, 2005 incorporating community input. Sufficient community outreach has been achieved since July A community forum was held as recommended by the Planning Commission and the Transportation Commission. Each of the Request to Advertise - 5

6 ZOCO and the Transportation Commission reviewed the proposal twice. It is, therefore, recommended that the County Board ratify the advertisement of public hearings at the November 28, 2005 Planning Commission and the December 10, 2005 County Board meetings on the proposed amendments to Section 33. Automobile Parking, Standing and Loading Spaces, Subsection A. General Requirements, and Section 36. Administration and Procedures of the Arlington County Zoning Ordinance to permit, by Special Exception use permit approval, use of parking lots that are accessory to places of worship or lodges by off-site users. Request to Advertise - 6

7 RESOLUTION TO RATIFY THE ADVERTISEMENT OF PUBLIC HEARINGS FOR THE PROPOSED AMENDMENTS TO SECTION 33. AUTOMOBILE PARKING, STANDING AND LOADING SPACE, SUBSECTION A. GENERAL REQUIREMENTS, SUB-SUBSECTION 8., AND SECTION 36. ADMINISTRATION AND PROCEDURES OF THE ARLINGTON COUNTY ZONING ORDINANCE AT THE NOVEMBER 7, 2005 PLANNING COMMISSION AND THE NOVEMBER 15, 2005 COUNTY BOARD MEETINGS TO AMEND, REENACT AND RECODIFY THE PROPOSED ZONING PROVISIONS; TO PERMIT SECONDARY USE OF PARKING LOTS THAT ARE ACCESSORY TO PLACES OF WORSHIP OR LODGES AND THAT ARE NOT OPERATED PRIMARILY FOR COMMERCIAL GAIN, AS A MATTER OF RIGHT, BY OFF-SITE USERS WHEN SUCH USE IS FOR A PERIOD OF THIRTY (30) DAYS OR FEWER AND NO MORE THAN ONCE IN A ONE HUNDRED EIGHTY (180)-DAY PERIOD; AND TO PERMIT, TO USE SAID PARKING LOTS BY USE PERMIT, FOR A TIME PERIOD THAT EXCEEDS A THIRTY (30) DAY PERIOD. The County Board of Arlington County hereby resolves to ratify the advertisement of the following amendments to Section 33, Subsection A.8.a.; and Section 36. Administration and Procedures of the Zoning Ordinance be authorized for public hearings at the November 28, 2005 Planning Commission and the December 15, 2005 County Board meetings, to amend, reenact and recodify the proposed Zoning provisions; to permit secondary use of parking lots that are accessory to places of worship or lodges and that are not operated primarily for commercial gain, as a matter of right, by off-site users for a maximum of thirty (30)-day period and no more than once in a one hundred eighty (180)-day period; to permit, to use said parking lots by use permit, for a time period that exceeds thirty (30) days; to establish an application fee for said use permit request, to encourage orderly and efficient development of public facilities; to facilitate the creation of a convenient, attractive and harmonious community; and for other reasons required by the public necessity, convenience and general welfare and good zoning practice: SECTION 33. AUTOMOBILE PARKING, STANDING AND LOADING SPACE A. General Requirements. 8. Use of Private Parking Areas: a. No parking spaces located in a private parking area in R or RA Districts except in RA-H Districts shall be used by any persons other than persons engaging in the use for which the parking is provided such as occupants of the premises, their visitors and employees at the site, unless approved by the County Board by use permit as specified in Subsection 33.A.8.a. (2). Request to Advertise - 7

8 b. For places of worship or lodges, not operated primarily for commercial gain, (1). Parking spaces that are accessory to those uses may be used by off-site users to park non-commercial vehicles, when such use is for a period of thirty (30) days or fewer and does not occur more than once in a one hundred eighty (180)-day period; and (2) The County Board may, by use permit approval, as specified in Subsection 36.G.Use Permits, permit the use of those parking spaces to be leased or used under a verbal or written contractual agreement to off-site users to park non-commercial vehicles, when such use exceed a thirty (30) day period. Such use permit may be approved where the County Board finds that said use will reduce congestion in the streets. Such use may be conditioned to alleviate the impacts of the approved parking and to promote the compatibility of said use with the surrounding neighborhood. bc. cd. Parking spaces in C, C-O, M, RA-H or R-C Districts located in a private parking area, which are provided in addition to those required by this ordinance to serve the premises, may be used by persons other than persons engaging in the use for which the parking is provided. Parking spaces in C, C-O, M, RA-H or R-C Districts which are required by this ordinance may be used by persons other than persons engaging in uses on the site, provided that said spaces shall be made available at all times to persons engaging in uses on the site at least at the same rates as to persons not engaging in uses on the site, and provided that there is no demand for said spaces by persons engaging in uses on the site. SECTION 36. ADMINISTRATION AND PROCEDURES G. Use Permits. 2. Written application for a use permit shall be filed with the zoning administrator. An application for Unified Residential Development approval shall comply with applicable portion of Administrative Regulation 4.11, Unified Residential Development Use Permit Approval Procedure, as amended. Use Permits shall be heard at the first regular meeting of each month, except the county board may establish, on its own motion, another time for the use permit hearing, which hearing may be at any county board meeting. Request to Advertise - 8

9 j. Requests for use permits filed by places of worship or lodges permitting secondary use of parking lots that are accessory to these uses, as specified in Section 33.A.8. of the Zoning Ordinance, shall be accompanied by a fee of two hundred seventy-five dollars ($275.00). Request to Advertise - 9