PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

 

PC Staff Report

09/25/06

ITEM NO. 9:               TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (SMS/JCR)

 

TA-07-06-06:  Consider revisions to Chapter 20, Development Code to correct inconsistencies identified since originally updated.  Initiated by the Planning Commission at the August 30th meeting.

 

 

RECOMMENDATION:  Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-07-06-06] to Articles 4,5,9,13,15 and 17 of the “Development Code, July 1, 2006 Edition,” to the City Commission. 

 

 

 

Reason for Request:

Through the review of the proposed Development Code, a number of issues were identified that required “clean up or clarifying text” or are suggested for revision to address public comment.  Adoption of the suggested revisions will improve the implementation of the Development Code. TA-07-06-06 represents specific amendments to various articles as outlined in the following table. These revisions were initiated by the Planning Commission at the August 30th meeting.

 

RELEVANT GOLDEN FACTOR:

 

  • Conformance with the Comprehensive Land Use Plan is the relevant factor that applies to this request.  Adoption of new regulatory tools, one of which is the zoning regulations, is an implementation step in Chapter 13 of HORIZON 2020, the City/County Comprehensive Land Use Plan.

 

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None Received

 

 

Staff Report / SUMMARY OF RECENT ACTIONS

 

The City Commission adopted Ordinances 7985 & 7986 on April 4, 2006 adopting the Development Code, November 11, 2005 Edition and Zoning Map with a delayed effective date of July 1, 2006.  The Planning Commission at their February 22nd meeting had recommended adoption of the code and map and had specifically indicated an intention to consider additional amendments that could be adopted prior to the delayed effective date. 

At the April 19th Planning Commission meeting, the Commission recommended approval of a series of amendments [TA-03-02A-06 through TA-03-02I-06].  The City Commission received these recommendations at their meeting on May 16th and approved all of the recommended amendments except TA-03-02D-06 and TA-03-02G-06. 

Ordinances 8013 through 8019 were adopted on second reading on June 27th.  These ordinances amend the development code to include all revisions approved to date. 

TA-03-02D-06, revisions to 20-534 regarding Accessory Dwelling Units was deferred until staff had an opportunity to consider potential definitions for owner and/or owner-occupied.  Legal Staff has recommended that no change be made to the definition of “owner” at this time.  TA-03-02D-06 will be scheduled for City Commission action on the September 26th agenda. 

TA-03-02G-06 was deferred until after the CC/PC study session on June 14th regarding the Retail Market Impact Analysis.  The City Commission considered TA-03-02G-06 at their August 22nd meeting and following discussion, voted to defer the item until the September 19th meeting in order for related text amendments (TA-07-05-06 and CPA-2006-02) to be considered by the Planning Commission.

TA-05-03A-06 which amends Section 20-701(f) to include the existing code language found in former Section 20-1004.1 to clarify that the Planning Commission or City Commission may specifically restrict uses or building types in planned developments was recommended for approval by the Planning Commission on June 26th and was approved for consideration by the City Commission on July 25th.  An ordinance is pending for first and second reading.

TA-05-03B-06 which amends Articles 2, 4, 5, 6, 9, & 17 of the Development Code was recommended for approval by the Planning Commission on July 24th and approved by the City Commission on August 15th.  An ordinance is pending for first and second reading.

TA-06-04-06 which amends Articles 2, 4, 5, 9, 13, 14 and 17 was recommended for approval by the Planning Commission at the August 30th meeting and is scheduled for placement on the City Commission agenda later this month.

 

 

OVERVIEW OF REVISIONS PROPOSED

  • TA-07-06-06:  A table of clarifying text/corrections is provided to further clarify the July 1, 2006 Edition.  The majority of the table of recommended revisions is the result of staff and legal counsel review of additional public comment and staff review since the code was adopted on July 1, 2006.  Staff recommends that these proposed revisions be considered during this month’s public hearing.  

 

 

 

Deleted text is shown with strikethrough; additional text is shown in italics.  Brief explanations of the reason for the changes are described in the table in small caps.

 

Pg. No.

 

Section No.

20 -

Recommended Text Change

Article 1. Introductory Provisions

Article 2. Base Districts

Article 3. Overlay Zoning Districts

Article 4. Use Table

 

 

Correction of mis-spelled word

4-4

402

“Community Facilities” Section

 

Funeral and Internment Interment

 

4-9

403

“Community Facilities” Section

 

Funeral and Internment Interment

 

 

Eliminate/Add certain commercial uses in the IBP District and the corresponding use designation (See explanation below table)

4-8 thru 4-9

403

“Community Facilities” Section

 

Cultural Center/Library                                                 P                                                   

4-9

403

“Medical Facilities” Section

 

Outpatient Care Facility                                                 P*

4-9 thru 4-10

403

“Eating & Drinking Establishments” Section

 

Accessory Bar                                                                A*

Accessory Restaurant                                                   A

Fast Order Food                                                           P*

Fast Order Food, With Drive-In                                      P

 

4-10

403

“Retail Sales & Service” Section

Building Maintenance                                                    P

Construction Sales and Service                                      S

Food and Beverage                                                       P*

Mixed Media Store                                                        P*

Personal Convenience                                                   P*

Repair Service, Consumer                                             P*

Retail Sales, General                                                     P*

 

4-10 thru 4-11

403

“Vehicle Sales & Service”

Section

Cleaning (e.g. Car Wash)                                              P

Fleet Storage                                                               P

Gas and Fuel Sales                                                       P

Heavy Equipment Repair                                               P

Heavy Equipment Sales/Rental                                      P

Inoperable Vehicles Storage                                         P

Light Equipment Repair                                               P

Light Equipment Sales/Rental                                       P

RV and Boats Storage                                                 P

 

4-11

403

“Industrial Facilities” Section

Industrial, General                                                      S

Laundry Service                                                          P                                

 

 

4-11

403

“Wholesale Storage & Distribution” Section

 

Heavy                                                                       S

Mini-Warehouse                                                         P

4-11

403

“Recycling Facilities” Section

 

Large Collection

Article 5. Use Regulations

 

 

Add IBP District as a district in which standards for “quality restaurants” apply. 

5-16

524(1)

(1) Standards that Apply in CN1 and IBP Districts

A quality restaurant is permitted in the CN1 and IBP        Districts provided that the gross Floor Area shall not exceed 3,000 square feet.

 

 

 

Revise the 20% formula so that it is consistent with building coverage standards in Article 6.

5-29

533(4)(i)

Staff is continuing to work on this.

 

 

 

Remove “duplex” since it is not a use permitted in RS Districts.

5-30

534(2)(iii)

Methods of Creation

An Accessory Dwelling Unit may only be created through one of the following methods:

 

  1. converting existing living area within a Detached Dwelling, or Attached Dwelling or duplex (e.g., attic, Basement or attached garage);
  2. adding Floor Area to an existing Detached Dwelling, Attached Dwelling or duplex, detached garage;
  3. constructing a new Detached Dwelling, Attached Dwelling, duplex or detached garage with an internal Accessory Dwelling Unit.

 

 

 

clarify that lot access shall be taken from internal roads, not directly from arterial roads.

2-23

215(e)

Staff is continuing to work on this.

 

2-24

216(e)

Staff is continuing to work on this.

 

2-25

217(e)

Staff is continuing to work on this.

 

Article 6. Density and Dimensional Standards

Article 7. Planned Developments

Article 8. Subdivision Design and Improvements

Article 9. Parking, Loading and Access

 

 

Clarify where boats, motor homes and campers can be located in residential districts.

 

 

Staff is continuing to work on this issue.

 

Article 10. Landscaping and Screening

Article 11. General Development Standards

Article 12. Floodplain Management Regulations

Article 13. Development Review Procedures

 

 

Correct reference to code section

13-23

1304(d)(11)(v)

Major Changes in the Planned Development (Sec 20-1304(C)(2)(iv))  (Sec 20-1304(e)(iv)) may be made only after rehearing and reapproval of the entire Preliminary Development Plan under the terms and procedures specified in this section.  All Landowners within the entire Preliminary Development Plan boundary shall be notified in writing of any proposed Major Change at the time of submittal of the revised Preliminary Development Plan to the Planning Director.

 

 

 

Clarify when site plan review is required

13-32

1305(b)(1)

Staff is continuing to work on this issue.

 

Article 14. Boards and Commissions

Article 15. Nonconformities

 

 

Remove reference to “Floodway Overlay District”, as no such district exists and replace with “Floodway” or “Regulatory Floodway”

15-5

1502(c)(3)

The exception to the above paragraph is that a detached Dwelling Structure, when registered as a nonconforming use, is permitted to be rebuilt, unless it is located within the floodway overlay district Floodway or Regulatory Floodway.  Nonconforming detached Dwelling Structures cannot be rebuilt to a greater Density than existed before the damage.  Rebuilding shall only be allowed if off-Street parking and Setback requirements of the current Zoning District are met.  Reconstruction must be commenced within 12 months of the time the damage occurred.

 

Article 16. Violation, Penalties and Enforcement

 

Article 17. Terminology

 

 

Add “Hydrologic and Hydraulic Study” listing as a general defined term in 20-1701 with reference back to its listing in Article 12, where it is defined.

17-8

1701

Hydrologic and Hydraulic Study See Hydrologic and Hydraulic Study definition in Section 20-1205.

 

The IBP District (Industrial/Business Park District) replaces the M-1 District from the previous Zoning Ordinance.  The district is intended to “provide space in attractive and appropriate locations for certain low-impact employment and manufacturing uses in a planned industrial/business park setting”.  In general, the same uses permitted in M-1 should also be permitted in IBP.  Staff has discovered that the uses between the two districts to not correspond entirely.  Some uses previously permitted in M-1 are prohibited in IBP, while some new uses are permitted in IBP but were not permitted in M-1.  Because of this lack of coordination staff analyzed the permitted uses in each district as well as designation (i.e. P=permitted, S=special use, *=standard applies, etc).  From this analysis the revisions to Article 4, listed above have been proposed. 

 

The following summary provides staff’s rationale for adding certain uses and their corresponding designations.  The “Cultural Center/Library” use should be added to the list as a permitted use (P) in the IBP District as similar uses were permitted by the M-1 zoning and such uses will not impose a nuisance or detract from the character of this district.  “Accessory Bar” has been added as a permitted accessory use (A*) for which standards apply (see 20-509(2)) in the IBP District because “Restaurant, Quality” uses which are currently permitted often contain an accessory bar themselves, thus it makes sense to also allow an accessory bar use.  Because “Restaurant, Quality” will remain as a permitted use, staff finds it necessary to apply the same standards to this use in the IBP District as is applied in the CN1 District, limiting the size of such establishments to 3,000 square feet so that there is some limitation on the size of such uses and so as to promote the use as accessory and complimentary to the Industrial/Business Park character of the district.  “Accessory Restaurant” (see 20-1724(1)) is added as a permitted accessory use (A) because it is possible that a large employer or business may want to lease space for or operate a coffee shop, snack bar, cafeteria or deli as accessory to their principal use.  Such a use would not create a nuisance or detract from the character of the district because it is intended to service customers from the principal use itself or other nearby businesses. 

 

Most of the uses eliminated from the IBP District are uses that were previously not permitted in M-1 and ones that have the potential to or will cause a nuisance to the district and detract from the character thereof.  High traffic-generating uses such as fast food restaurants, general retail sales and gas stations, which may have mistakenly been listed as permitted, have been eliminated.  Other uses such as heavy equipment/repair and sales, large recycling facilities, heavy warehouse/distribution, car washes, construction sales and service and others which often feature outdoor storage, attract truck traffic, and detract from the overall aesthetic quality of the district are proposed to be eliminated as well. 

 

The proposed revisions provide specific text for the issues identified to the Planning Commission Commission at the August 30th meeting.  These revisions, for the most part, clarify where uses are permitted or provide more detail to the original code language. 

 

Additional revisions to Chapter 20 that have been identified since the August 30th meeting are outlined in Item 10:  TA-09-09-06.  Those changes are provided for initiation and consideration at a future meeting. 

 

STAFF RECOMMENDATION:  Planning Staff recommends approval of the proposed text amendments [TA-07-07-06] to Articles 4,5,9,13,15 and 17 and forwarding them to the City Commission with a recommendation for approval.