Department of Planning & Zoning County Building Three 6582 Main Street P. O. Box 329 Gloucester, Virginia 23061 Phone (804) 693-1224 Fax (804) 693-7037 M E M O R A N D U M TO: CC: FROM: DATE: SUBJECT: Members of the Board of Supervisors Brenda Garton, County Administrator Ted Wilmot, County Attorney Garrey Curry, Asst. Co. Administrator for Community Development Anne Ducey-Ortiz, Director of Planning and Zoning October 7, 2013 for the October 15 th Meeting Request to Advertise for a Public Hearing on a Proposed Ordinance for Awnings in B-2 Attached please find the Public Hearing Notice and Draft Ordinance for a Code Amendment to allow awnings to encroach into the required setback and potentially VDOT right of way on Main Street in the B-2 Village Business Zoning District. This proposal is a result of a request to install an awning on Main Street as part of the Main Street Preservation Trust s (MSPT) Façade Improvement Program. The program was recommended as part of the Gloucester Courthouse Village Plan which was developed through a partnership between the County and the MSPT to improve economic vitality along the commercial portion of Main Street. The zoning permit for an awning to be installed as part of a Façade Improvement Grant had to be denied because it encroached into the required front yard setback in violation of Section 9-6 of the Zoning Ordinance and into the VDOT s right of way. VDOT s right of way is variable on Main Street and several buildings, including our own Building 3, are close to, or encroach into the right of way. Prior to proceeding with a code amendment, staff met with VDOT and we are currently working on a solution to allow encroachments for awnings specifically along the undivided 2-lane highway portion of Main Street (Business 17) where the setback is already reduced to five (5) feet instead of the 35 feet required in most of the B-2 district. Twenty (20) buildings on the affected portion of Main Street are less than five (5) feet from the public right of way and seven (7) are between 7-10 feet of the right of way. So, if adopted, this ordinance would allow 27 buildings to have awnings that project into their required front yard whereas without this ordinance, these buildings would not be allowed to use awnings for facade improvements. The Planning Commission spent some time discussing the merits of this proposal over the past few months, provided comments and suggestions, and held a public hearing on the draft ordinance. At its October meeting, the Planning Commission unanimously (9-0) voted to recommend that the Board move forward to adopt the enclosed language as part of the County s Zoning Ordinance. Please feel free to contact me with any questions you may have about this proposal. - 1 -
Draft Ordinance for Awnings on Main Street - Public Hearing, BOS, November 6, 2013 At a meeting of the Gloucester County Board of Supervisors held on November 6, 2013 in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia: On a motion duly made by, and seconded by, the following Ordinance was adopted by the following vote: Carter M. Borden, ; Ashley C. Chriscoe, ; Christopher A. Hutson, ; Andrew James, Jr., ; John H. Northstein, ; Robert J. Orth, ; Louise D. Theberge, ; AN ORDINANCE AMENDING APPENDIX B ZONING, ARTICLE 2 DEFINITIONS, SECTION 2-2 DEFINITIONS AND ARTICLE 9 - SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 9-6 - ARCHITECTURAL PROJECTIONS WHEREAS, the Gloucester County Board of Supervisors adopted the Gloucester Courthouse Village Plan prepared by Frazier Associates in 2010; and WHEREAS, the Gloucester County Board of Supervisors had previously adopted Zoning and Subdivision Ordinances to provide for orderly and appropriate future growth in the community; and WHEREAS, Gloucester Courthouse Village Plan recommends a series of key projects and strategies for the revitalization of the Route 17 Business Corridor and Main Street through a broad and community inclusive process; and WHEREAS, one of these recommendations which has been implemented by the Main Street Preservation Trust, Inc. (MSPT) is the development of a façade improvement program with a matching grant component to assist in the continued upgrade the Gloucester Court House Village s image through improvements to buildings along Main Street; and WHEREAS, awnings, window signs and other distinctive signage and façade improvements are specifically recommended as desired design features along traditional Main Street portion of the Business 17 corridor; and WHEREAS, the variable width of the VDOT right-of-way along Main Street poses a potential problem for the buildings along Main Street between the Court Circle and its intersection with John Clayton Memorial Highway (SR 3/14), where approximately twenty (20) buildings are less than the required five (5) feet from the right-of-way line; and Page 1 of 3
Draft Ordinance for Awnings on Main Street - Public Hearing, BOS, November 6, 2013 WHEREAS, the Virginia Department of Transportation (VDOT) has agreed to work with the County to allow encroachment into their right-of-way along Main Street pursuant to this ordinance; and WHEREAS, the Board is of the opinion that public necessity, convenience, economic and general welfare, and good zoning practice require the consideration of an amendment to the Gloucester County Code which would allow the encroachment of awnings into the right of way along portions of Main Street (Business 17) under certain conditions and as permitted by VDOT; and WHEREAS, the Gloucester County Planning Commission, after holding a duly advertised public hearing on October 3, 2013, voted 9 to 0 (with four members absent) to recommend approval of the code amendment and has forwarded their recommendation to this Board; and WHEREAS, the Board of Supervisors held a duly advertised public hearing. NOW, THEREFORE BE IT ORDAINED, by the Board of Supervisors of Gloucester County, Virginia, this day of, 2013, that the Gloucester County Code, Appendix B, Zoning, Article 2 Definitions, Section 2-2 Definitions and Article 9 - Supplementary District Regulations, Section 9-6 - Architectural Projections, be amended as follows: APPENDIX B- ZONING Add the Following Definitions to Appendix B - Zoning Article 2 DEFINITIONS, Section 2-2 Definitions: Awning: A roof like cover designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like. Awnings are often made of fabric, metal, or flexible plastic supported by a rigid frame and may be retracted into the face of the supporting building. A canopy that is not ground supported shall be considered synonymous with an awning. Canopy: A roof like structure, often of fabric, metal or glass, designed and intended for protection from the weather which projects from a building and is ground supported and opened on three sides. The supports are confined in number and cross-section area to the minimum necessary for actual support of the canopy. Sign, projecting: An on-structure sign affixed to a wall and extending more than 12 inches from the surface of such wall, usually perpendicular to the wall Page 2 of 3
Draft Ordinance for Awnings on Main Street - Public Hearing, BOS, November 6, 2013 surface. Projecting signs shall not extend into or above any portion of a public right-of-way or adjoining property. Amend Appendix B - Zoning - Article 9- SUPPLEMENTARY DISTRICT REGULATIONS - Section 9-6. Architectural projections as follows: Open structures such as porches, canopies, balconies, platforms, carports, covered patios, awnings, and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard and shall comply with the requirements of the Virginia Uniform Statewide Building Code and the Americans with Disabilities Act Standards for Accessible Design. Awnings attached to principal buildings fronting on the B-2 Village Business zoned portions of Main Street (Business 17) shall not be subject to setback requirements under the following conditions: 1. An awning extending into the public right of way shall meet VDOT requirements. 2. Awnings shall be installed in a manner that does not obstruct the visibility from the right-of-way of existing on-structure signs on adjacent structures. 3. Awnings shall not obstruct the line of sight or accessibility of pedestrians, cyclists, or vehicles traveling on or entering streets, driveways or sidewalks. 4. Awnings shall be maintained in a safe, secure, and good condition, free from holes, tears, shredding, fading or the development of any rust, corrosion, rotting, or other deterioration. Should an awning become unsafe, be in danger of falling, or otherwise become subject to the maintenance requirements contained in this section, the owner of the building on which the awning is located shall, upon written notice from the administrator, remove or repair the awning in such a manner as to render it compliant with the requirements of this article. 5. In addition to the requirements of sections 15-1 and 15-2 of this ordinance, applications for awnings shall provide information relative to the awning s proximity to features such as sidewalks, curb, streetlights, street trees, benches and other elements necessary to demonstrate compliance with the above conditions. Page 3 of 3
PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on November 6, 2013 beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following: AN ORDINANCE AMENDING APPENDIX B ZONING, ARTICLE 2 DEFINITIONS, SECTION 2-2 DEFINITIONS AND ARTICLE 9 - SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 9-6 - ARCHITECTURAL PROJECTIONS The proposed changes to the Zoning Ordinance are amendments to the regulations regarding the applicability of setback requirements specifically for awnings in the B-2 Village Business District which is primarily located in the commercial portion of Main Street (Business 17). The proposal seeks to allow awnings, as defined in the proposed ordinance, to project into the required setback and potentially into the public right of way provided they meet the requirements of the Virginia Department of Transportation (VDOT) and requirements outlined in the proposed ordinance. A complete copy of draft ordinance amendment is available and may be reviewed at the Gloucester County Administrator s office at 6467 Main Street, Gloucester, Virginia, at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Hayes, Virginia, and on the County s website at www.gloucesterva.info. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator s office at (804) 693-4042. Brenda G. Garton County Administrator
AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON OCTOBER 15, 2013 AT 7:00 P.M., IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY, AND SECONDED BY, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE: Carter M. Borden, ; Ashley C. Chriscoe, ; Christopher A. Hutson, ; Andrew James, Jr., ; John H. Northstein, ; Robert J. Orth, ; Louise D. Theberge, ; RESOLUTION AUTHORIZING THE CLERK TO ADVERTISE A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING APPENDIX B ZONING, ARTICLE 2 DEFINITIONS, SECTION 2-2 DEFINITIONS AND ARTICLE 9 - SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 9-6 - ARCHITECTURAL PROJECTIONS WHEREAS, the Gloucester County Board of Supervisors desires to set a public hearing to consider an ordinance amendment to allow awnings to project into the required setbacks and potentially into the public right of way in the B-2 Village Business District along Main Street in Gloucester Court House; and WHEREAS, the proposed amendment provides an opportunity to foster implementation of the façade improvement recommendations in the Gloucester Courthouse Village Plan that was adopted by the Board in 2010; and WHEREAS, the Gloucester County Planning Commission held a duly advertised Public Hearing on October 3, 2013 to consider the ordinance amendment herein contained, and voted 9-0 (with four absent) to forward the amendment to the Board of Supervisors with a recommendation of approval. WHEREAS, the ordinance amendment is ready for the Board s review. NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board of Supervisors that the Clerk is directed to advertise in a newspaper published or having general circulation in Gloucester, a public hearing notice for a public hearing to consider the proposed ordinance described herein, which public hearing is to be held in the Colonial Courthouse located at 6504 Main Street on November 6, 2013 at 8:00 p.m. A Copy Teste: Brenda G. Garton, County Administrator