PUBLIC HEARING AGENDA REQUEST

Sponsor: 

Board of Supervisors Meeting Date:

Chester W. Stribling, Chairman,
Lee District Supervisor 

October 9, 2008

Staff Lead:

Department: 

Kimberley Johnson, Zoning Administrator

Community Development

Topic:

A Zoning Ordinance Text Amendment to Create a Mixed Use Special District as Section 4-900

Topic Description:

The proposed Zoning Ordinance text amendment creates a new Special District to be utilized in the County’s Service Districts for mixed use neighborhoods to include both commercial and residential uses as well as civic and institutional uses.

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.

Summary Staff Report: 

The new Mixed Use (MU) District is proposed as a Special District in Article 4 of the Zoning Ordinance.  The MU District is established to provide for mixed use development within the County’s Service Districts when consistent with the Comprehensive Plan and the county-wide land use vision and goals.  The district is intended to focus development in a compact form within Service Districts, creating a vibrant mixed use area that functions as a discernable center for employment as well as a center of retail, service, entertainment, cultural, and civic activities for a traditional neighborhood.

As proposed, the regulations establish broad parameters for the uses in the district, with specific limitations and requirements to be established on a case-by-case basis for each project as part of the rezoning process.  Even where broad parameters are established in the ordinance, many can be waived by the Board with approval of the rezoning when the applicant can demonstrate an alternate approach to achieving the goals of the District. This approach gives the maximum flexibility to both the County and applicants to respond to unique characteristics and issues on a project-by-project basis.  It is anticipated that the development of a town center in each Service District will be something of an evolutionary process, as it is difficult to predict the order in which sites will come forward for development; the flexibility designed into the ordinance is critical for responding to this evolution.

As part of the rezoning process, a General Development Plan and Code of Development would be approved for each project.  These documents would govern the build-out of the project.  The General Development Plan would show street layout, general land uses and key features of the development, such as civic buildings or major open spaces.  The Code of Development would specify the types and character of uses allowed, and specific guidelines for the design and layout of streets, buildings and open spaces, with substantial flexibility retained to allow changes to the development as it evolves in order to respond to market conditions.

Intent

The intent is to create regulations which facilitate mixed use development within the County’s Service Districts consistent with the main-street form and pedestrian-oriented character envisioned by the County’s Comprehensive Plan.  Standards for approval included in the proposed regulations (§4-918) provide a summary of the intent of the MU Special District.  In summary, these standards require development in the MU district to be designed with:

• Consistency with the Comprehensive Plan.
• A mix of uses that help create a center for employment as well as a center of retail, service, entertainment, cultural and civic activities for workers, residents and visitors.
• A mix of housing types to include a range of styles, sizes and price ranges.
• A pedestrian orientation, with clearly defined sidewalks and paths enhanced by trees, pocket parks, seating and other streetscape elements, and with buildings located close to the sidewalk and providing a variety of pedestrian destinations.
• Streets that are designed to consider their influence on the character of the neighborhood as well as carrying capacity, with narrower widths, on-street parking, and multiple connections.
• Open space treated as an integral component of the development.
• Minimization of parking, with parking dispersed and located to the rear of buildings and garages and parking areas fronting on alleys rather than streets.
• Human-scaled and pedestrian oriented lighting and signage.
• Reasonable and sustainable transitions to adjoining development.

Applicability

As currently drafted, property located within areas designated for mixed use in Service Districts as well as adjoining properties designated residential could utilize the MU Special District.  

Text Amendment Process

The Board of Supervisors initiated this text amendment at their November 8, 2007 meeting.   Staff provided an introduction to the proposed amendment to the Planning Commission at their October 25, 2007 work session.  A Planning Commission public hearing was initially scheduled for November 29, 2007, and follow-up Planning Commission work sessions on the amendment were held on December 4, January 4, January 31, February 15, February 28, March 27, April 18 and April 24.   Multiple public hearings were also held, with the last public hearing held and closed on April 24, 2008.  The proposed ordinance reflects significant input from the public and the Planning Commission. On May 28, 2008, the Planning Commission unanimously recommended approval of the proposed ordinance. The Board of Supervisors held a work session and initial public hearing on July 10, 2008. 

Staff has proposed a number of changes to the text proposed by the Planning Commission based on feedback received since the July meeting.   The staff proposed changes are highlighted in red below, along with discussion (blue italics) of the major changes proposed. 

PART 9    4-900   MIXED USE SPECIAL DISTRICT (MU)

4-901               Purpose and Intent

The MU District is established to provide for mixed use development within the County’s Service Districts when consistent with the Comprehensive Plan and the county-wide land use vision and goals.  The District envisions development occurring as a series of connected neighborhoods, each focused on commercial, civic, or open space.  The neighborhoods are organized to create The district is intended to focus development in a compact form within Service Districts, creating a vibrant mixed use area that functions as a discernable center for employment as well as a center of retail, service, entertainment, cultural and civic activities for a traditional neighborhood that would:

·         Include residential, commercial and civic buildings in a walkable community;

·         Be gathering places for social interaction and special events, such as parades, markets, street festivals;

·         Be pedestrian oriented, with buildings, spaces, heights, lighting, signage and walking distances of a human scale;

·         Include parks and open space as an integral part of development and sited at key locations;

·         Include rehabilitation and use of historic buildings, incorporate and create buildings with historical or architectural features referencing an inventory of existing architectural styles consistent with the community;

·         Incorporate significant environmental features into the design and protect and accentuate natural features and resources such as topography, floodplains, wetlands, and habitat corridors.

·         Incorporate energy efficiencies.

            Three sub-districts are authorized:

1.   Mixed Use – Core.  This sub-district is intended for areas designed to function as a center and major focal point for a service district, as specifically designated in the Comprehensive Plan.   A core is a neighborhood or series of neighborhoods focused around a concentration of active store-front style commercial uses to include retail, restaurants and services as well as a broad range of office and employment and other commercial uses, and would function as the gathering place for the community, including the opportunity for outdoor community events.  Multi-family and attached housing types as well as group housing are included to help create a vibrant round-the-clock center and to provide a variety of housing needs. 

2.   Mixed Use – General.  This sub-district is intended for areas designated in the Comprehensive Plan for a mix of office, retail and other commercial and/or residential uses.  The sub-district also provides for a mix of uses, but is not intended to serve as the major focus for retail and related services within the Service District. The specific character and types of uses allowed in the Mixed-Use General sub-district must be consistent with that set forth in the Comprehensive Plan for that particular area, with residential uses allowed only to the extent the Comprehensive Plan envisioned residential uses within the area.  It is intended that the pedestrian-oriented character of Core areas be extended into the Mixed Use General Sub-district to create cohesive pedestrian-oriented neighborhoods communities. 

3    Mixed Use - Residential.  This sub-district is intended for areas within the Service Districts designated for residential development in the Comprehensive Plan.  This sub-district is designed to create promote residential development that is planned to be pedestrian oriented residential neighborhoods focused internally on civic or open spaces and physically integrated with  adjoining or adjacent mixed use development.

The number and combination of sub-districts utilized in a particular project is anticipated to vary depending on the size and location of the project relative to the goals of the Comprehensive Plan.   While it is desirable that areas designated for mixed use in the County’s Comprehensive Plan be developed in an overall coordinated fashion, it is recognized that smaller areas of a Service District may develop individually at different times in response to market conditions and owner needs.  Therefore, these regulations are intended to permit significant flexibility from project to project, allowing the applicant and the County to consider the broader contribution to mixed use development existing and anticipated throughout a Service District.  The specific parameters for a particular development shall be set forth in a Code of Development for the project, consistent with Section 4-923, to be approved in conjunction with the rezoning.

4-902               Location of District

The language below would allow the Board to limit use of the district to certain Service Districts, in keeping with some discussion that the District may not be appropriate for New Baltimore.  Any Service District where the Board would like to allow use of the MU District would require a Comprehensive Plan amendment specifically authorizing the MU District’s use.  

The MU District shall only be authorized within Service Districts where the comprehensive plan specifically provides for the use of the MU Special District in the text of the plan and then shall be limited to portions of the Service Districts designated for sewer capacity in the Comprehensive Plan, with the following limitations on sub-districts:

1.   Mixed Use - Core: Shall only be authorized in areas designated to be a focal point of development and activity for the broader Service District which already have or can readily accommodate a transportation plan conducive with the Comprehensive Plan and the needs of the Service District.

2.   Mixed Use - General:  Shall only be authorized in areas designated to be developed in a mix of uses in the Comprehensive Plan, and must not conflict with nor override the transportation plan for the service district and the region.

3.   Mixed Use – Residential: Shall only be authorized for areas designated for residential development in the Comprehensive Plan and must not conflict with nor override the transportation plan for the service district and the region.

Staff has deleted the references to transportation improvements in the above section because this section is intended to summarize the appropriate location of each sub-district, rather than address transportation issues.  The point that development cannot occur unless adequate transportation facilities are provided is an important one, but it is addressed at other places in the regulations, through the requirement for a traffic analysis (Section 4-921.4) and a standard requiring adequate transportation facilities be in place for any development approved (Section 4-918.15).

4-903               Size of District

No minimum acreage requirement is established.  In order to be walkable, a MU-Core sub-district should concentrate retail and other active uses within roughly one-quarter mile neighborhoods, with larger cores designed to be a connected cluster of such neighborhoods. concentrations. A MU-General sub-district should create its own focal point for the sub-district by concentrating any active commercial uses within a walkable distance.

4-904               Uses

The table below lists potential uses allowed within the MU district, by sub-district.   The Code of Development approved in conjunction with a MU rezoning (see Section 4-923) shall further define and limit the particular uses for any proposed development.  In no case shall a Code of Development for a project authorize any uses which are in conflict with the specific Comprehensive Plan provisions for a Service District.  

Permitted uses (P) are allowed by-right within the MU district unless specifically excluded by the approved Code of Development for the project. 

Special Permit (SP) and Special Exception (SE) uses may be:

1.         approved as part of the initial MU District rezoning pursuant to the procedures in Section 4-923 and the Standards set forth in this Mixed Use District and Article 5; or

2.         approved as an amendment to the MU District rezoning by approval of a Special Exception by the Board of Supervisors pursuant to the procedures in Section 4-923 and the Standards set forth in this Mixed Use District and Article 5;

3.         added to the proposed development after approval of the MU District with approval of a Special Permit or Special Exception pursuant to the Provisions set forth in Article 5. 

Staff is proposing a number of changes to the use table, below.  First, live-work townhouses, multi-family units and small assisted living facilities are added as uses in the MU-Residential sub-districts.  Broadening the types of residential units that may be allowed in each area facilitates achieving  the variety of housing and types this ordinance seeks to promote.   These uses would only be allowed in the Residential sub-district if they were specifically approved by the Board during the rezoning or added later by the Board, through a special exception.

 Second,  Place of Worship has been changed from Special Exception  to Special Permit, as this use is a special permit use in all other districts in the County.   In any case, church uses could be approved by the Board with the rezoning, removing the need for a subsequent SP or SE approval.  Additional public/civic uses, to include government offices, museums and other cultural buildings and public safety facilities have also been added to the MU-Residential sub-district.   Each of these uses might be appropriate within a predominately residential neighborhood. 

 Staff has proposed two key changes related to commercial uses.  First, a new category of very small active commercial uses has been created (5,000 square feet or less) so that such small commercial uses can be planned within the MU-Residential District.  This change would allow a corner store or dry-cleaners, etc., located within a residential neighborhood.  The Planning Commission had discussed allowing small amounts of commercial uses into the predominately residential neighborhoods but had not ultimately made the change.   The second change staff has made to the commercial use regulations is to clarify that the size limits refer to both the size of an individual building as well as an individual establishment. 

Notwithstanding the limitations of Section 2-302.1 of this Ordinance, the Zoning Administrator shall have the authority to determine that a use not listed above is sufficiently similar in character and impact to a use listed above and therefore allowed subject to the same limitations for the similar use.   

4-905               Accessory Uses

The provisions of Articles 5 and 6, to include all Home Occupation provisions, shall govern accessory uses within the MU district except where any specific provision of Article 5 and 6 conflicts with a specific requirement of the MU District, the MU District requirement shall govern.

1.   The family dwelling and efficiency apartments authorized in Article 5 and 6 shall not be allowed within the MU district; however, any single family dwelling may have an accessory dwelling unit with approval of an administrative permit showing compliance with the following standards:

A.  Maximum unit size is 800 square feet.

B.  Such unit may be located within the principal dwelling or may be incorporated into an accessory structure such as a garage.

C.  The unit shall be designed in an integrated fashion with the principal dwelling and/or its accessory structure so that its presence is not visually obtrusive.

D.  No additional parking is required.

 4-906              Mix of Uses Required

While the use table in Section 4-904, above, lists all the possible uses in each district, this section establishes requirements to provide a certain minimum or maximum of each category of those uses, in order to promote a true mix of uses in each area.  Staff has suggested some significant changes to the required mix regulations.  First, in the Mixed Use Core, the Planning Commission had recommended that Active Commercial uses be required for 90% of all ground floor space in the Core.  The goal was to concentrate these active uses in this area in order to create vibrant, pedestrian-oriented commercial areas.  Staff agrees that a concentration of such uses is critical to the success of the Core area, but is concerned that the 90% requirement may be too restrictive, not allowing the flexibility in the market to develop in a viable way.  Staff is recommending that the percentage be dropped to 75% and that it be applied to only the major pedestrian-oriented commercial streets, as identified in the Concept Development Plan for the rezoning. The remainder of ground-floor uses could be a mix of non-active commercial uses, public uses and/or residential uses.   This approach increases the likelihood that key streets will be able to be developed in a true pedestrian-oriented fashion in exchange for allowing other designated streets to be less pedestrian oriented.  Under the staff-recommended changes, the “non-key” street would have complete flexibility at the ground level to be any use, so long as the ground floor residential in the project does not exceed 20%.  The limit to 20% of ground floor residential in this district is in recognition that core areas are not intended to be substantial residential neighborhoods.  Residential units over commercial uses are appropriate to create round-the-clock activity.  The Planning Commission had recommended a minimum requirement of 50% residential for upper-story uses for that very reason; the staff proposal does not limit the upper story residential uses but also does not require them, providing significantly more flexibility to allow the development to respond to market demands.

1.      The following guidelines shall apply to Sub-districts, with the percentages based on the proportion of gross floor area: 

The language proposed by the Planning Commission for the Mixed Use General Core sought to allow complete flexibility in the mix of uses depending on the particular Comprehensive Plan vision for the area.  The Planning Commission language also sought to assure that these areas had a lesser concentration of active uses relative to core areas, in recognition that concentration of retail uses is important for their viability and the viability of core areas.  Staff agrees with both goals, but has proposed some alternative language to provide additional guidance beyond that in the Comprehensive Plan.