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HomeMy WebLinkAboutPZ13-14100002 CODE AMENDMENT # 13-14100002 To consider amending Article V Section 110-932 (b) (22) parking calculation for shopping cente7 J0 Ma CC /0/7/15 l0 l2 t�/3 h/Z:t Read, I � l 'I I AUGUST 22,2013 Code Section 110-932(b)(22) Shopping centers,shopping plazas, retail stores, personal service estab- lishments and convenience food stores greater than 5,000 square feet PLANNING AND ZONING of gross floor area: a) One space per COMMISSION 225 square feet gross floor area, ex- cept for movie theaters, which shall OF PUBLIC NEARING comply with the parking require- ments as set forth in subsection(24), Pursuant to the provisions of hereof b)When restaurants,fast food Chapter 110, Zoning, of the Code of establishments,cocktail lounges,tav- the Town of Ocean City,Maryland;no- erns, nightclubs, or other establish- tice is hereby given that a public ments for the consumption of food or hearing will be conducted by the beverage on or off the premises are lo- Planning and Zoning Commission in cated in a shopping center:i)If these the Council Chambers of City Hall lo- establishments, individually or in cated at 301 Baltimore Avenue in the total,comprise less-thy 25 percent or Town of Ocean City,Maryland on: less of the gross floor area of the shop- TUESDAY,SEPTEMBER 4,2013 ping center,the parking requirements At 7:00 pm shall be that for shopping centers;ii) To consider amending Article I, If these eating and drinking estab- Code Section 110-2.Definitions: lishments, individually or in total, Building, height of The vertical comprise more than 25 percent of the distance from base flood elevation gross floor area of the shopping cen- gweAe to the highest point where the ter,parking shall be provided for the exterior walls meet the roof. The area gross floor area ofthose uses in excess above the maximum building height of the 25 percent in accordance with (attic)shall not be used for living pur- their separate requirements. The poses,which includes working,sleep- parking calculations shall be com- ing,eating,cooking Pr recreation,or a ` puted for the retail and eating and combination thereof unless specified i drinking establishments separately otherwise within regulations. ' and then combined. APPLICANT: PLANNING& APPLICANT' & ZONING COMMISSION— ZONING COMMISSION— FILE#13-14100001 FILE#13-14100002 To consider amending Article V, No oral or written testimony will be accepted after the close of the pub- lie hearing. Public hearings that are not com- pleted at one meeting may be contin- ued without additional advertised . notice provided the Commission Chairman announces that the hear- ing will be continued and gives per- sons in attendance an opportunity to. sign up for written notice of the addi- tional hearing dates. For further information concerning this public hearing,please contact the Department of Planning and Commu- nity Development, Room 242, City Hall, 301 Baltimore Avenue, Ocean City,MD 21842. Phone 410-289-8855. PLANNING AND ZONING COMMISSION PAM GREER BUCELEY, CHAIRPERSON WILLIAM E.ESHAM,III, ATTORNEY OCD-8/15/2t TOMIN OF UC A J CITY MAYOR The The White Marlin Capital of the World RICHARD W. MEEHAN CITY COUNCIL LLOYD MARTIN TO: Matt Margotta, Planning and Comm uni velopment Preside,7 r Director MARY P.KNIGHT FROM: David L. Recor, ICMA-CM, City Man Secretary RE: Required Parking Regulations BRENT ASHLEY CYMEK DATE: October 15 2013 DOUGLAS S. � DENNIS W. DARE JOSEPH M. MITRECIC At the October 7, 2013 Regular Session, the Mayor and Council voted to MARGARET PILLAS proceed with the preparation of an ordinance to amend to Article V, CITY MANAGER Code Section 110-932(b)(22) related to Parking Regulations - to DAVID L. RECOR, ICMA-CM determine how to calculate required parking in shopping centers CITY CLERK , KELLY L.ALLMOND,CMC shopping plazas, retail stores, personal service establishments, and convenience food stores greater than 5,000 square of gross floor area. cc: The Honorable Mayor, Council President and Members of Council /kla www.oceanciti,mdgor wknencauy P.O. BOX 158.OCEAN CITY,MARYLAND. 21843-0158 1 1111.f City Hall—(410)289-8221 .FAX—(410)289-8703 2001 ' 336C TOWN OF 0 fv A I T=,Yr� J The White Marlin Capital of the World Agenda Item # Council Meeting October 7, 2013 TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kay Stroud, Zoning Analyst RE: Code Amendment to Article V, Section 110-932(b)(22) DATE: September 4, 2013 ISSUE(S): To consider amending Article V, Code Section 110-932(b)(22) related to Parking Regulations - to determine how to calculate required parking in shopping centers, shopping plazas, retail stores, personal service establishments, and convenience food stores greater than 5,000 square of gross floor area. SUMMARY: By way of clarification, the code amendment specifies that the first 25% of the gross square footage occupied by establishments for consumption of food or beverage on or off the premises provide parking at one space per 225 square feet of gross floor area; whereas the same uses would create a higher demand if over 25% of total gross square footage and be calculated at one space per 100 square feet of gross floor area. The Planning & Zoning Commission held a public hearing on Wednesday, September 4, 2013 to consider staff recommendations and favorably presents this code amendment to the Mayor and City Council. FISCAL IMPACT: None RECOMMENDATION: To approve and amend Article V, Section 110-932(b)(22) of the Zoning Code. ALTERNATIVES: Further amendments or denial of request. RESPONSIBLE STAFF: R. Blaine Smith, Assistant Director, Planning & Zoning Kay Stroud, Zoning Analyst COORDINATED WITH: Matthew G. Margotta, AICP, Director, Planning & Community Development ATTACHMENT(S): 1) Transcript with cover 2) Recommendation 3) Draft Ordinance First Reading Second Reading AMENDED TO RECOMMENDED LANGUAGE ORDINANCE 2013- li i I AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY MARYLAND BE AND IT IS HEREBY AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SUBSECTION 110-932(b)(22), AS FOLLOWS: Sec. 110-932. Minimum number of spaces. (b) The spaces required per basic measuring unit for each use or use category shall be as indicated below, with such additional requirements as may be noted: (22) Shopping centers, shopping plazas, retail stores, personal service establishments and convenience food stores greater than 5,000 square fee: of gross floor area: a) One soace per 225 square feet gross floor area, except for movie theaters, which shall comply with the parking requirements as set forth in subsection (24), hereof. b) When restaurants, fast food establishments, cocktail lounges, taverns, nightclubs, or other establishments for the consumption of food or beverage on or off the premises are located in a shcpping center: ') If these establ shments, individually or in total, comprise 25 percent or less ol the gross floor area of the shopping center, the parking requirement shall be that for shopping centers; ii) If these eating and drinking establishments, individually or in total, comprise more than 25 percent of the gross floor area of the shopping center, parking shall be provided for the floor area in excess of the 25 percent as set forth in subsection (20) hereof. The parking calculation shall be computed for the retail and eating and drinking establishments separately and then combined. INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on October 7, 2013. ACOPTED AND PASSED by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on 2013. ATTEST: KELLY L. ALLMOND, C erk RICHARD W. MEEHAN, Mayor Approved as to Form: LLOYD MARTIN, President GUY R. AYRES, III, Solicitor MARY P KNIGHT, Secretary INTERDEPARTMENTAL MEMORANDUM To: Mayor and City Council From: R. Blaine Smith, Asst. Director of Planning ar.c Zoning Date: October 7, 2013 Subject: Amendment to -oarking regulations The following examples represent existing shopping conters with restaurants and required parking based on the proposed amendment: I Shopping Center at 5601 Coastal Highway Gross Floor Area: 8,322 square feet 25%Restaurant 2081 square f--et allowed (existing center max-ed out) Shopping Center at 3300 Coastal Highway Gross Floor Area: 12,139 square feet 25% Restaurant 3,035 square --eet allowed (4,812 square feet pre-existing and a special parking waiver for TCBY, 1761 square feet granted by BZA, April 2013) Shopping Center at 6701 Coastal Highway Gross Floor Area: 20,727 square feet 25% Restaurant 5,182 square feet allowec additional parking over 25% required at 1 parking space per 100 square feet over the 25% allowance) Interpretation of current Xgulations would require 51.82 parking spac;s versus 2').03 parking spaces for the initial 5,182 square feet, a difference of 28.79 ( 29 ) parking space. RECOMMENDATION TO MAYOR AND CITY COUNCIL TO AMEND ARTICLE V CODE SECTION 110-932(b)(22) RELATED TO PARKING REGULATIONS DETERMINING HOW TO CALCULATE REQUIRED PARKING IN SHOPPING CENTERS, PLAZAS, RETAIL STORES, PERSONAL SERVICE ESTABLISHMENTS, & CONVENIENCE FOOD STORES GREATER THAN 5,000 SQUARE FEET File PZ#13-14100002 * * * * * k * * * * * * * * * * * * On Wednesday, September 4, 2C13, the Planning Commission conducted a public hearing to consider amending Coce Section 110-932(b)(22) related to parking regulations, determining how to calculate required parking spaces in shopping centers, shopping plazas, retail stores, personal service establishments and convenience food stores greater than 5,000 square feet of gross floor area: a) One space per 225 square feet gross floor area, except for movie theaters, which shall comply with the parking requirements as set forth in subsection (24), hereof. b) When restaurants, fast food establishments, cocktail lounges, taverns, nightclubs, or other establishments for the consumption of food or beverage on or off the premises are located in a shopping center: i) If these establishments, individually or in total, comprise Less taae 25 percent or less of the gross floor area of the shopping center, the parking requirements shall be that for shopping centers; ii) ii) If these eating and drinking establishments, individually or in total, comprise rr ore than 25 percent of the gross floor area of the shopping certer, parking shall be provided for the gross floor area of those uses in excess of the 25 percent in accordance with their separate requirements. The parking calculations shal be computed for the retail and eating and drinking establishments separately and then combined. The Planning Commission initiated this amendment. There were no comments from the public concernirg the proposal. The Planning Commission reviewed the current ordinance and listened to testimony from Zoning Administrator Blai-ie Smith as to how parking is tabulated for the above mixed use centers over 5,000 square feet of gross floor area. The Commission found that by amending the code as recommended it would allow for clarification and not penalize an entire project by increasing its entire restaurant use to the higher parking demand of 1 parking space per 100 square feet of gross floor area, but only the gross square footage of restaurant use in excess of 25%. Restaurar:t use up to 25% of the -otal stopping center, plaza, etc., would be calculated as that for shcpping centers, ' parking space per 225 square feet of gross floor area. At the conclusion of the meeting, the Commission voted unanimously (6-0) to forward the recommendation. For your information, -.he transcript of the public hearing is also included. Iks 1 PLANNING AND ZONING COMMISSION September 4, 2013 PRESENT IN ATTENDANCE Pam Buckley Blaine Smith John Staley Kay Stroud Peck Miller Matt Margotta Lauren Taylor Terry McGean Joel Brous Kevin Gregory Chris Shanahan This meeting of the Planning and Zoning Commission was held on Wednesday, September 4, 2013, in the City Hall Council Chambers ocated on Baltimore Avenue and Td Street, Ocean City, Maryland. Pam Buckley, Commission Chairperson, called this 2nd public hearing of the evening to order. BUCKLEY: Public hearing #2, this, and all the people left, September 4t", 2013, is to consider amending Article V, Code Section 110-932(b)(22) Shopping Centers, Shopping Plazas, Retail Stores, Personal Service Establishments and Convenience Food Stores greater than 5000 square feet of gross floor area, (a) 1 space per 225 square feet of gross floor except for movie theaters, which shall comply with the parking requirements as set forth in subsection 24 hereof, (b) when restaurants, fast food establishments, cocktail lounges, taverns, nightclubs or other establishments for the consumption of food or beverages on or off the premises are located in a shopping center, (i) if these establishmerts, indiv dually or in total comprise 25% or less of the gross floor area of the shopping center, the parking requirements shall be that for shopping centers, (ii) if these eating and drinking establishments individually or in total comprise more than 25% of the gross floor area of the shopping center, parking shall be provided for the gross floor area of those uses in excess of the 25% in accordance with their separate requirements. The parking calculations shall be computed for the retail and eating and drinking establishmerts separately and then combired. The applicant, Planning and Zoning Commission (File #13-141C0002). Prior to any public hearing, the commissioner must ask if there's anyone in attendance that objects to anyone taking part in this public hearing. Let the record state that there's been no objection to all the commissioners taking part. Mr. Smith. GREGORY: Do you swear and affirm under the penalties of perjury the testimony you shall give will be the truth, t-ie whole truth, and nothing but the truth? SMITH: I do. The essence of this amendment, and again, it was requested and we discussed it at a prior Planring Commission meeting is that under the current regulation, if there's a restaurant in excess of 25% of the shopping center, parking for that restaurant is one space per 100 of the gross, of all restaurant gross square footage; and the proposal that because the first 25% is exempt in itself if you don't exceed the 25%, that once the shopping center establishes restaurant use of 25% or less, then it's cared for by the parking of the shopping center. BUCKLEY: Correct. SMITH: And, instead of penalizing the project, if you vdll, that once you exceed that 25% now the parking will be computed one per 100 of anything in excess of the 25% that was established in the first place, so we're giving them some leeway on the initial 25% to encourage these type use within shopping center provisions, and when you exceed that 25% then it's understood that it will have more of a par-,ing demand, and they should provide parking at the rate of one per 100 as though it were a free-standing restaurant. BUCKLEY: Right. MILLER: Could I ask a question? BUCKLEY: Questions, of Mr. Smith. Peck. MILLER: Blaine in here it says, umm, for the consumption of food or beverage on or off premise, now don't we look at carry-out differently for parking? SMITH: We do, and restaurant is designed as someth ng that has tables and service and that type of thing, and some do have carry-out as well as the seating, so I think that terminology has been in the code from day one. Carry-out with no tables is considered as retail, and it would be one per 225 and there is no higher demand. MILLER: It just seems like, it says here, food or beverage on or off... SMITH: That's right. MILLER: So is there a way to define it just a little clearer so that if it is strictly carry-out it's classified as a retai , or does it already do that? SMITH: I don't, I don't want to say that's the way it's always been, and it has. What you run into, and we do have definition of carry-out, we do -iave definition of fast food, and we do have definition of convenience food store... MILLER: Okay. SMITH: ...most of those definitions say where there is no seating, they aren't declared a restaurant per se. When you have a mixed use, and I'm going to use the term fast food for example, they have the drive-up, which is off-premise consumption normally, and some restaurants do have carry-out service, so it's always been left in there, but to be a restaurant, you have to have some seating or small assembly if you will, with seating or if it's a bar it would have bar, stand up... MILLER: Is now the time to incorporate that into this? SMITH: I don't know that that's been an issue, because if you have no seating, a couple things happen. With no seating, you don't have to have public toilet facilities. Once you put the seat in, under State Plumbing Code, you have to have public facilities for men and women, because you've now been established as a restaurant, food and beverage establishment. Whether you do both, on and off-premise is not really the issue, it's that you do have seating, and that constitutes it being a restaurant, which has different parking formula. Other thing is with trash removal, any time you have small assembly seating, they base it on the seating capacity. So both your toilet facilites and trash are based on small assembly. Life Safety Code, on ingress and egress, if it's food and beverage on premise, then the entrance and exit, and the occupancy load is determined by the Fire Marshal based on its seating capacity and its occupancy, where if you have a carry-out, walk up counter and you just leave, they're rot the same issues, so we don't... it's a, not that it's a fine line, but they're different in their operational provisions, and if you don't have seating interior, you can still have on and off-premise sales, but we're only concerned about the seating part or the onsite, or the onsite... MILLER: So TCBY at 33rd Street, if they'd not had seating, they would not have gone for any parking? SMITH: They would not have to, they were retail. MILLER: So they went to BZA, which is probably the r ght way to goat that point anyhow to see if does affect the property or not. SMITH: And that's right, when you look at a special exception for a parking waiver, the criteria is there's something about that use at that location that would not necessitate additional parking, so when you have an ice cream par or, and you want a few simple seats for convenience, the Board can see that that's nct going to be a heavier parking generation. It's not a full restaurant as you would think otherwise, so they do give waiver many times, for those type, because this is like one size fits all... MILLER: Right. SMITH: ...but soon as the seats go in, these other things become necessary—the toilets, the trash, and the parking. Based on seating. MILLER: So the provision of going to BZA for like, a TCBY, would still exist, but that's okay because (unclear)... SMITH: You would still have that ability with this. MILLER: Okay, that's good. SMITH: Yep, if you have an increased demand based on that square footage. SHANAHAN: I have another question for you too, anot-ier example I wanted to, I was thinking about, the Pino's Pizza, right there in that Plaza right there... SMITH: 56th Street. SHANAHAN: He's got his bar in one little zone there, but he's also got his carry-out pizza thing right next to it, and all his kitchen equipment is right behind that. Now would that carry-out pizza section be considered under the 22v parking regulation? Okay. SMITH: Well, if it was less than 25% of the total. That's interesting, because that was designed right at the 259/0 of that center. SHANAHAN Well, I was oinking, if his, if -ie was sayi°ig his carry-out and all his kitchen equipment back there was for his carry-out and not for the, even though it serves the restaurant part, would that whole section... SMITH: No, we did the gross on that as a restaurant. SHANAHAN: Okay. SMITH: Now, what has haopened in some case, and I think that's what Mr. Miller pointed out, if another unit in that same certer came and says we too want to have the seating for our ice cream, they would be forced, if he's already exhausted the 25%, which he did, anybody who come in after him that put in seating would have to go get the waiver. MILLER: And TCBY got a waiver for 56th Street to put n what they have, because you've got Dunkin' Donuts there already. SMITH: Yeah. MILLER: And I mean, so, it works there. SMITH: And and that's probably a good example that would fit this because where he got in under the 25%, had they wanted those other establishments up front, then they all could've shared the load with the additional parking, where now they've got to go get waivers, or provide parking or whatever, so it's only the increased amount that we have to be concerned about once you... MILLER: Over 25%... SMITH: Right. MILLER: Okay. SMITH: Well. I would say, going back to our meeting, and whenever this was, January as well, there were some, aid I don't want tD use the word ambiguity, but there was some difference in interpretation that was... it was actually a thought that this was the way it was in the first place... BUCKLEY: Right, that's why we're here. SMITH: ...so the new language is, the new language was for clarification. BUCKLEY: Right, right. exactly, exactly. SMITH: Yeah. BUCKLEY: Okay, are there any more questions for Mr. Smith? Are there any questions from the audience...? STALEY- From the crowd? Our reporters? i BUCKLEY: From our reporters? Alright, n:) other quest ons. Any other rebuttal, any other comments, anybody have anything tc say before I call for a... TAYLOR: I move we close the hearing. BUCKLEY: Alright. STALEY: Second. MILLER: Second. BUCKLEY: And I have a second by John. All in favor, you've got enough information, we're closing the hearing? COMMISSIONERS IN UNISON: Aye, aye, aye. BUCKLEY: (gavel) So moved, alright. TAYLOR: I move that we, well, we have to forward to t-ie Mayor and City Council this change, this amendment, for Article V, Code Section 1'0-932(22). BUCKLEY: Yes, ma'am. SHANAHAN: I'll second. BUCKLEY: Moving this forward as it's written to the Mayor and Council, we have a motion by Lauren, a second by Chris. All it favor? COMMISSIONERS IN UNISON: Aye. BUCKLEY: (gavel) So moved. Respectfully submitted, Karen G. (Kay) Stroud Zoning Analyst September 10, 2013 To consider amending Article V, Code Section 110-932 (b) (22) I Shopping centers, shopping plazas, retail stores, personal service establishments and i i convenience food stores greater than 5,000 square feet of gross floor area: a) One space per 225 square feet gross floor area, except for movie theaters, which shall comply with the parking recuirements as set forth in subsection (24), hereof. b) When restaurants, fast food establishments, cocktail lounges, taverns, nightclubs, or other establishments for the consumption of food or beverage on or off the premises are located in a shopping center: i) If these establishments, individually or in total, comprise less thC1Tri 25 percent or less of the gross floor area of the shopping center, the parking requirements shall be that for shopping centers; ii) If these eating and drinking establishments, individually or in total, comprise more than 25 percent of the gross floor area of the shopping center, parking shall be provided for the gross floor area of those uses in excess of the 25 percent in accordance with their separate requirements. The parking calculations shall be computed for the retail and eating and drinking establishments separately and then combined. APPLICANT: PLANNING & ZONING COMMISSION — FILE #13-14100002