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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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PC Staff Report 10/23/06 ITEM NO. 7: TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (SMS/JCR)
TA-09-09-06: Consider revisions to Chapter 20, Development Code to correct inconsistencies identified since originally updated. Initiated by the Planning Commission at the September 25th meeting. |
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RECOMMENDATION: Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-09-09-06] to Articles 2, 5 and 9 of the “Development Code, July 1, 2006 Edition,” to the City Commission.
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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-09-09-06 represents specific amendments to various articles as outlined in the following table. These revisions were initiated by the Planning Commission at the September 25th meeting. |
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RELEVANT GOLDEN FACTOR:
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None Received |
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. TA-03-02D-06 was approved by the City Commission on October 10th.
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, deferred the item until a later date 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. Ordinance No. 8039 was approved on first reading on October 10th.
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. Ordinance No. 8040 was approved on first reading on October 10th.
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 was approved by the City Commission on October 10th.
TA-07-06-06 which amends Articles 4, 5, 9, 13, 15 and 17 was recommended for approval by the Planning Commission at the September 25th meeting and is scheduled for placement on the City Commission agenda on October 17th.
For your information, table listing all text amendments scheduled for Planning Commission public hearing beginning in September has been attached to this report. This table includes those amendments within TA-07-06-06 (September 25th public hearing) and those discussed within this report as well as those being initiated with Item 8 on today’s agenda TA-10-10-06. Additionally it also states which particular amendments are being reviewed by staff committees or Legal Services prior to public hearing.
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OVERVIEW OF REVISIONS PROPOSED
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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.
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Pg. No.
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Section No. 20 - |
Recommended Text Change |
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Explore methods to permit temporary uses/events for non-profit agencies and organizations
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Unknown |
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Staff is continuing to work on this issue.
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Article 1. Introductory Provisions |
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Article 2. Base Districts |
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Clarify street access standards for lots in the IL, IG, and OS Districts
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2-23 |
215(e) |
The IL District is intended for implementation along Collector or Arterial Streets. When Industrial Development abuts an Arterial Street, Access shall be directed to a non-arterial side street or driveway with adequate distance between the intersection and the site Access point(s) as per the standards of 20-915. Whenever possible, the Industrial Development shall share direct or indirect Access through common curb cuts and driveways or private Access roads.
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2-24 |
216(e) |
The IG District is intended for implementation along Arterial Streets. Whenever possible, Access shall be directed to a non-arterial side street or driveway with adequate distance between the intersection and the site Access point(s) as per the standards of 20-915. Whenever possible, such Industrial Development shall share direct or indirect Access through common curb cuts and driveways or private Access roads.
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2-25 |
217(e) |
The OS District is appropriate for implementation along Residential Collector, Collector and Arterial Streets. Where an OS District abuts an Arterial Street, Access shall be directed to a side street or driveway with adequate distance between the intersection and the site Access point(s) as per the standards of 20-915.
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Article 3. Overlay Zoning Districts |
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Article 4. Use Table |
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Article 5. Use Regulations |
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Methods of creation of an Accessory Dwelling Unit by converting an attached garage
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5-30 |
534(2)(iii) |
Methods of Creation An Accessory Dwelling Unit may only be created through one of the following methods:
d. converting an existing detached garage.
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Revise the 20% formula so that it is consistent with building coverage standards in Article 6.
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5-29 |
533(4)(i) |
Staff is continuing to work on this.
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Article 6. Density and Dimensional Standards |
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Article 7. Planned Developments |
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Article 8. Subdivision Design and Improvements |
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Article 9. Parking, Loading and Access |
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Clarify where boats, motor homes and campers can be located in residential districts.
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Staff is continuing to work on this issue. |
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Article 10. Landscaping and Screening |
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Correct the specifications for the placement of street trees
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10-3 |
1002 |
Staff is continuing to work on this issue.
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Outdoor/Exterior storage, specifications for the location thereof and surfacing requirements
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10-9 |
1006(c) |
Staff is continuing to work on this issue.
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Article 11. General Development Standards |
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Article 12. Floodplain Management Regulations |
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Article 13. Development Review Procedures |
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Clarify when site plan review is required
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13-32 |
1305(b)(1) |
Staff is continuing to work on this issue.
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Article 14. Boards and Commissions |
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Article 15. Nonconformities |
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Article 16. Violation, Penalties and Enforcement |
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Article 17. Terminology |
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Staff Review
Legal staff is continuing its work on language for the amendment pertaining to temporary uses and events permits for non-profit organizations. Staff subcommittees have been formed and are continuing to study text amendments for revisions to building coverage standards, specifications for and placement of street trees, location of and specifications for outdoor/exterior storage as well as the initiated amendment for site plan applicability.
Last month the Planning Commission initiated an amendment to the street access standards for the IL, IG, and OS Districts. Staff believes these standards must be expanded upon to provide greater clarity and direction.
The Planning Commission also initiated an amendment to permit the creation of an accessory dwelling unit by converting an existing detached garage. Accessory dwelling units may be created in many ways such as adding floor area to an existing detached garage or constructing a new detached garage with an internal accessory dwelling unit. In addition to this, a property owner has the ability to construct a new detached accessory dwelling unit provided maximum building coverage requirements are not exceeded. In instances where the conversion of an existing detached garage does not reduce the available parking provided below that which is required, staff believes this is an appropriate means by which to create accessory dwelling units.
Staff received correspondence regarding this proposed amendment from the League of Women Voters in September when this amendment was initiated. The letter argues against the proposed amendment that would permit the conversion of a detached garage to an accessory dwelling unit on the grounds that dwelling units, regardless of how they are created, are not intended to be permanent and that only when one of the dwellings is owner-occupied may the second, or accessory unit be occupied. The letter also states that one of the “original reasons for allowing accessory dwellings is to encourage owner-occupancy in housing”. Staff believes that this goal is further promoted through permitting conversion of a detached garage to an accessory dwelling unit. According to the code, the purpose of accessory dwelling units is to create new housing units, allow more efficient use of the City’s housing stock and infrastructure, provide a mix of housing types that responds to a family’s needs over time and the increasing numbers of smaller households, provide a means for residents to remain in their homes and neighborhoods while obtaining extra income, security, companionship, and services, and to provide a broader range of accessible and affordable housing. In promoting these objectives, the code permits the creation of accessory dwelling units through a number of means, including the construction of an entirely new structure to house an accessory dwelling unit. The code does not specify that accessory dwelling units should be temporary in nature, and in fact it permits new construction to house accessory dwelling units. In staff’s opinion, allowing accessory dwelling units to be created via the conversion of an existing detached garage promotes the stated objective and is a reasonable addition to the code.
In July, the Planning Commission initiated an amendment to the Development Code to create language addressing where recreational vehicles, trailers and large trucks may be parked and stored. An interdepartmental committee that included staff from both the Planning and Neighborhood Resources Departments drafted language to address ongoing code enforcement concerns related to such uses and to address the overall issue due to the Development Code’s silence on the subject. The language proposed to be added to the Development Code is currently under review by Planning and Legal Services staff.
Additional revisions to Chapter 20 that have been identified since the September 25th meeting are outlined in Item 8: TA-10-10-06. 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 2, 5 and 9 and forwarding them to the City Commission with a recommendation for approval.