Zoning Ordinance. Draft Two. BOC Workshop 10/19/15

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Abington Township Zoning Ordinance Draft Two November 2014 1

Board of Commissioner ss Workshop Meeting Agenda I: Review of process to date II: Review the Abington Planning Commission s recommendations Questions and Answers III: Next step 2

I: Review process to date Draft One developed Four informal neighborhood workshops were conducted January 23, 2014 Roslyn Elementary January 30, 2014 McKinley Elementary February 19, 2014 Edge Hill Fire House February 26, 2014 Township Building Two meetings specific to Transition Overlay Zoning April 23, 2014 Ward 11 May 21, 2014 Wards 3 & 12 3

Draft two was finalized November 2014 Review process to date: Follow prescribed regulation in the Pennsylvania Municipal Planning Code Submitted draft for review by MCPC Submitted draft for review by the Abington PC Three meetings were conducted (available on Abington s YouTube Channel: December 4 th January 7 th January 26 th February 10 th 4

Abington Planning Commission adopted bulk recommendations on March 24, 2015 Recommendations developed during the 4 meetings and subsequent discussions at meeting on March 10, 2015 List compiled by staff during meetings ZOC is ready to revise Draft Two pending BOC s input. 5

I: Review process to date 1. Zoning Changes. a. RC Recreation Conservation District to Single-Family Residential Zoning. Examine 100 block of Shady Lane and whether this might be rezoned from RC to one of the R Districts. There are three lots with single-family homes there. b. Change zoning of Ardsley Wildlife Sanctuary and St. John s from R4 to CS. 2. The wall-to-openings ratio for infill development is viewed by Mr. Spearman and Mr. Marquardt as overly restrictive; staff will discuss this further with them. 3. Floor Area, Gross. Mr. Spearman recommends using the BOMA (Building Owners and Managers Assocation) definition for this definition. 6

4. Impervious Coverage and Gravel: Mr. Weggel feels that perhaps a percentage of gravel could be considered partially pervious. If so, we need to clarify this. 5. Home Occupations: Tighten up these regulations. MWN to Staff Group: There was some sentiment on the PC regarding permitting two rather than one off-site employee (such as for a dentist s office). 6. Drop off containers for recycling/resale of clothing within the front yards shall have a screening requirement. Currently, recycling areas require a low-intensity screen. However, we might choose to designate a specific screen type, or require a medium-intensity screen instead. Of course they need to be somewhat visible. ibl 7. Examine outdoor dining and the requirements to store tables and chairs indoors every night. This may not be necessary in some cases, but there is a concern that t if not taken in, furniture be secured so as not to impede the pedestrian way. 8. Outdoor recreational uses (such as playgrounds): this use should be permitted within the commercial districts. i t 7

9. Beekeeping: Consider addressing this, and a possible setback for the hives. 10. Eliminate the minimum separation distance of parking decks/garages from other principal buildings (the Building Code addresses this). 11. There needs to be a provision for a restaurant to have carry-out or delivery services. i.e., Outback/Cheese Cake Factory and the like. 12. Mr. Spearman suggests reconsidering the 500 ft. minimum separation for bars. He would like to create a hub of activity. 13. Building Offsets. Mr. Marquardt would like to reduce the size of the offset in the building length provision. The draft zoning requires five to ten feet setbacks. Perhaps it could be reduced to two, three, or four feet. 14. Eliminate the 90 day limitation on rental vehicles. 15. Consult the Solicitor on whether we need to address fracking. 16. Consider creating regulations for bike shares. 8

17. Ms. Gauthier recommends considering a residential driveway setback of at least 3 feet from the side property line. Perhaps this could go in the R1 and R2 Districts, or lots of a minimum width of 70 or so. 18. Driveway parking. A resident wants language that requires all vehicles to be parked on the driveway and not within the front or side yards. 19. The Building Code addresses the commercial districts requirements for fire protection and non-combustible materials. The current ordinance lists the districts by name, so we need to update the district names. 20. Farmer s Market, Seasonal. Within the Community Service District consider making Use A-12: Farmers Market, Seasonal a Conditional Use. 21. Minimum Height. Discuss requirement for a minimum percentage of a building to have a minimum height, such as 20 within the MS- H District (Ashley Spearman raised this). 9

22. Green Space in MS-H. Discuss whether minimum green space requirement in MS-H District for multifamily units is adequate. 23. LED/Digital Signs. Increase the time between message changes, so it is greater than 10 seconds. 24. Alchohol Sales. Review the requirements regarding g alcohol and the proportion of an establishment s total sales. 25. Ensure political signs have been addressed by the Solicitor. 26. Discuss premises signs and billboards with Township Manager. 27. RC District: in 1300, add or as amended. Remove 1301.B. Signs, except as permitted in the sign regulations. 28. Riparian Corridor. Review District as it relates to properties 100% within floodplain, such as Roslyn Park. 10

29. Floodplain Conservation District. a) Bank full Flow. Define the term in the Floodplain Conservation District. b) Floodplain. p.79. Possible confusion over lot areas in floodplain: currently, yard areas are permitted; the proposed p ordinance would prohibit them. 30. ADU Parking. Change parking requirement for ADU to one space per unit. MWN: Let s confirm this with one another. 31. Buffers. a. Review landscape buffer Option 2 as it relates to placement of the six foot high fencing. How far into the front yard setback area / sight lines. b. Masonry wall prohibition within the buffer. Review that language (stucco/finished wall design/brick & the like). c. Provide a sketch on the different buffer designs. 11

32. Tree replacement with the addition of 500 s.f. of impervious coverage/the removal of a six inch tree and requirement to plant two new trees. Is this for tree removal on existing lots? (if I understand, we are reducing the tree caliper for those requiring replacement from 10+ to 6+ ) --MWN 33. Tree Plantings List. Include the preferred tree plantings list (this is in the SALDO memo). 34. Tree Canopy. Define the word canopy or link it to the Woodlands definition. p.15: Woodland Area: An area comprising at least one quarter (1/4) acre of land where trees of at least 6 inches in caliper comprise a continuous canopy. TABLED. 35. Tree Removal. Have the Solicitor review the requirement for permits to remove trees within the right-of-way or front yard setback area. 2401.A.1.b 12

36. Wind Turbines. a. Look at the requirement for a minimum separation on wind turbines. b. Add a requirement for emergency shut off for accessory power. I.e., solar panels or wind turbines that are back fed into the structure. Is this a zoning or an NEC issue? c. p.296: Turbines shall not be allowed closer to a property line than its total extended height unless there is a nonresidential zoning use or unoccupied building abutting the property and the installation poses no interference with public utility lines or public road and rail right-of-ways. 37. The Solicitor needs to provide input on how financial subdivisions are to be addressed. 38. Review the language g on outdoor storage and display of goods & materials. 13

39. Review advertisements on commercial properties as additional signage. I.e., the video displays you see at gas stations and convenient stores. 40. Include massage ordinance requirements in with the Adult Uses. 41. The suggestion was made to replace the illustration of the gateway sign with an illustration of an Abington gateway sign. MWN: I would prefer to keep it as-is, since it demonstrates how landscaping can enhance the gateway sign. 42. Main Street Districts. 1. p.41: Remove reference to hedge in street wall regulations under MS Districts and Sidewalk and Streetscape Chapter since we are no longer permitting a street wall to consist of a hedge. 2. p.46: Under M. Multi-building lots, #2 has a sentence fragment. This originally suggested we might require a garden or plaza where the build-to-zone does not contain a bldg or access drive. 3. p.47: MS Bonus for Green Roof: this wording will be replaced with that from BC Business Center District Bonus for Green Roof (including an O & M agreement, etc.). 14

43. Business Center Districts. a. p.54, Principal buildings may shall be constructed so the build-to-lines are measured from a public street, main access drive, private street, or secondary access drive b. p.54, Large Facades (at least one 100 long.) c. Triangle Area of BC District. i. Fix contradiction between maximum impervious coverage and minimum green area in Triangle. ii. Evaluate Triangle area and buffering residences on far side of RR tracks (Don Marquardt suggested). It might be part of zoning, or could be part of land development negotiations. 44. p.67. Modify 1200.B. to reflect the deletion of performance standards. 45. p.81: Shall we remove subsections J, K, and L (from 1410. Variances) since they are covered under 1411.2. Elevation and Floodproofing Requirements? 15

46. p.110, LPO District. 47. The minimum required open space and tract size varies based on dwelling type. Review this. 48. Minimum frontage says 90/50 feet *. Is this clear? 49. Footnotes need to be fixed/clarified. 50. p.121: Add Amendments chapter between Administration and Permits and Nonconforming Uses chapters. Is there anything to include here currently? 51. p.127/appendix: Use Regulations. a. ADUs. Make Special Exception. b. Eliminate i Community Service Planned Development from Mixed Uses Category; keep it in CS Uses category. c. Appendix: Use Table. Eliminate footnote requiring restaurant to be in mixed use building. Update SI District i t to reflect changes recently adopted. d. Verify whether, consistent with text, drive-throughs are permitted only for banks in the MS-VC. In the use table, it does not make such a distinction. 16

49. p.201. Banners will be addressed by incorporating a recently-passed ordinance. 50. p.205. Prohibition on signs from right-of-way must be stricken. 51. p.211. Political signs must be removed within seven days. 52. Parking for Apartment/Condominiums. p.226. p.231. Commissioner Kline recommends 1.33 space per DU for Apartment/Condominium use, regardless of number of BRs. Mark Penecale would like to discuss. 53. p.246. All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Stumps in remote areas say stumps not visible from a public street or abutting property or on public works department easements are exempt from this req. 54. p.254: Eliminate Street wall specs; these are repeated in Sidewalk and Streetscape Design Chapter. 55. p.271: Street tree regulations appear in both Landscaping and Sidewalk and Streetscape Design chapters. Keep them in the latter chapter. 17

56. p.272: planters shall be provided at least every 50. 57. p.333, 2924.A: This section refers to the Administration and Permits chapter of the Zoning Ordinance, but suits for injunctions and civil proceedings are not addressed in that chapter. Update reference to correct chapter. 58. Staff will review whether Brewpubs and Distilleries require a new use category. 59. Street Classifications. The definition of Local Road refers to the Montgomery County Comprehensive Plan. Otherwise, road regulations refer to the Township Comprehensive Plan. Change this for consistency. 60. Old Note: Prepare a Stormwater Ordinance. Comment: This is usually handled as a stand-alone ordinance. DEP has a model for MS4 compliance. 18

61. Discuss the memo called Change in Requirement for Land Development Applications for Reuse of Buildings over 50,000 s.f., per Solicitor s Recommendation 62. Address co-location of wireless communications equipment. Comment: Mike and/or Mark will prepare material for the next draft, if necessary. 19

III: Next Steps ZOC Staff (Penecale, Matteo, Narcowich & Kline) will begin making changes as per recommendations ATPC members will be asked to give input on the recommendations they had ideas Draft Three will be issued for review by ATPC & MCPC ZOC staff will schedule public meetings with ATPC to discuss changes Planning Commissions will make recommendation(s) on Draft Three 20

Depending on planning commission s recommendations and extent of changes, the ZOC will recommend one of the following: BOC workshop similar il to tonight Advertise a formal public hearing to consider the adoption of the zoning ordinance Consultation with solicitor on proper process Questions? 21