Docket Item "G" TA-Z Square Footage Limitation on Commercial Vehicles in Residential Districts CITY COUNCIL PACKAGE FOR AUGUST 20, 2013

Transcription

1 Docket Item "G" TA-Z Square Footage Limitation on Commercial Vehicles in Residential Districts CITY COUNCIL PACKAGE FOR AUGUST 20, 2013 Page 1 2 Text Amendment Summary 3 4 Planning Commission Minutes 5 7 Ordinance 8 18 Staff Report: June 27, 2013

2 TEXT AMENDMENT SUMMARY 1 TA-Z Square Footage Limitation on Commercial Vehicles in Residential Districts An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Article 6, Section , and Article 14, Section , to remove the square footage limitation on commercial vehicles in residential districts. Resolution Adopted by City Council: STAFF RECOMMENDATION Denial HEARING DATE: PLANNING COMMISSION RECOMMENDATION: DENIAL VOTE: 6-3 Minutes, Ordinance, Staff Report ATTACHMENTS

3 2 TEXT AMENDMENT SUMMARY TA-Z Square Footage Limitation on Commercial Vehicles in Residential Districts COUNCIL HEARING DATE: RESOLUTION REQUESTED BY: Council Member Ike 11. NEW BUSINESS (A) RESOLUTION REQUESTING THE CHESAPEAKE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING AMENDMENTS TO ARTICLE 6 OF THE CHESAPEAKE ZONING ORDINANCE TO REMOVE OR MODIFY THE SQUARE FOOTAGE LIMITATION ON COMMERCIAL VEHICLE SIGNAGE. (COUNCIL MEMBER IKE) APPROVED (Ike/Matheson) (9-0) STAFF CONTACT: Planning Department Karen Shaffer, Assistant Planning Director

4 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes 3 TA-Z An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Article 6, Section , and Article 14, Section , to remove the square footage limitation on commercial vehicles in residential districts. PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that TA-Z be DENIED. (6-3; Small/Van Laethem, Johnson, Bell, and Perry opposed) Mrs. Hanson read TA-Z into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on sound planning practices, Planning staff recommended that TA-Z be DENIED as listed in the official agenda. Opponent: Charles Ferguson, President, Miars Plantation Home Owner Association, 3017 Miars Green, Chesapeake, Virginia, appeared before the Commission in opposition to TA-Z representing Miars Plantation HOA. Brian O Donnell, 3002 Miars Green, Chesapeake, Virginia, appeared before the Commission in opposition to TA-Z representing Miars Plantation HOA. The citizens who spoke in opposition were in support of staff s recommendation to deny this change to the sign ordinance. One citizen stated that any amendment change that increased the likely hood of commercial parking in neighborhoods by encouraging large sign displays/advertising, should address safety, congestion, and content concerns. They were concerned about the size of advertising, getting out of control with the different groups advertising their freedom of speech on signs such as political, religious or social opinions. They did not want signage of these types in excess of what was currently allowed. Changing the sign ordinance would not help the neighborhood or community. COMMISSION DISCUSSION: Commissioner Bell stated that for the past six years he had been one of those small business owners that had one vehicle wrapped and asked what constituted four square feet of signage on the side of his truck? This was hard to compute. Would it be the words or the picture and was this ordinance just held to commercial vehicles? He described several vehicles in his neighborhood that were wrapped and wondered if vehicles like this were exempt from this ordinance? What about police officers that drove their vehicle home? There was more than four square feet of lettering on the side

5 4 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes of their vehicles. He agreed he didn t want to see a box truck or five trucks parked in someone s front yard but went on to say that realtors are wrapping contractors, architects, housecleaning, everybody was doing it now. It was an inexpensive but effective way to advertise and market your small business. He said the ordinance says one vehicle, unlimited amount of wrapping, and felt four square feet was arbitrary. He even felt the sign ordinance was arbitrary, and stated that other cities in Hampton Roads did not have a similar ordinance. Commissioner Van Laethem asked if this would benefit the citizen. The potential for abuse was high. It s dangerous parking a big vehicle where there are no sidewalks, etc. and he would not want to see this on his street. He felt this particular change was not in the best interest of the citizens to allow larger vehicles and larger ads to be parked and stated this did not pass the test for him. Commissioner Kish agreed that the four square feet might need to be changed to something else but it was not a leading requirement. He said advertising wraps versus advertising signs were different from each other. If one of these signs on commercial vehicles was objectionable and failed the city s ordinance requirements, he wanted the ability to call someone to have something done about it. Commissioner Morris questioned would this be making an ordinance better or worse. Interest of the community was part of this but Commissioners needed to take time to look at the four square feet. It did not make sense to just remove it completely. He also said it did not clear up any questions and it would not be an improvement to the ordinance and agreed with staff s recommendation. The current ordinance did a better job than this amended ordinance would do as far as striking some sense of balance. COMMISSION VOTE: Commissioner Small moved that TA-Z be DENIED as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 6-3. Commissioners Perry, Johnson, and Bell voted against the motion.

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