HomeMy WebLinkAboutPZ13-14100002 CODE AMENDMENT # 13-14100002
To consider amending Article V
Section 110-932 (b) (22) parking
calculation for shopping cente7
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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
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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
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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
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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:
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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
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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?
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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)
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Shopping centers, shopping plazas, retail stores, personal service establishments and
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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