PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

 

PC Staff Report

11/15/06

ITEM NO. 10:            TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (JCR)

 

TA-10-10-06:  Consider revisions to Chapter 20, Development Code to correct inconsistencies identified since originally updated.  Initiated by the Planning Commission at the September 25th meeting.

 

 

RECOMMENDATION:  Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-10-10-06] to Articles 4, 5, 9, 10 and 13 “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-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.

 

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.  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 was approved by the City Commission agenda on October 17th.

 

 

OVERVIEW OF REVISIONS PROPOSED

  • TA-10-10-06:  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

Unknown

Unknown

Explore methods to permit temporary uses/events for non-profit agencies and organizations

(Initiated: September 2006 with TA-09-09-06)

 

 

 

Legal Services is continuing to study this issue.

 

Article 4. Use Table

4-11

403

Amend Nonresidential District Use Table to add Exterior Storage as a permitted accessory use (with standards) to the CN2, CC, CR, CS, IBP, IL, IG, GPI and H Districts

(Initiated: September 2006 with TA-09-09-06)

 

 

 

Staff is continuing to study this issue.  Language for this provision is being drafted and tested for accuracy and applicability prior to adoption.

(Related to Amendment to add Sec. 538 and to 1006(c))

 

4-11

403

Amend the Nonresidential District Use Table to add Agriculture, Crop as a permitted use in the GPI District

(Initiated: October 2006 with TA-10-10-06)

 

 

 

See table below.

 

 

 

CN1

CN2

CO

CD

CC

CR

CS

IBP

IL

IG

OS

GPI

H

Use Specific Standard

OTHER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adaptive Reuse

Designated Historic Property

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

20-501

Greek Housing Unit

–

–

–

–

–

–

–

–

–

–

–

–

–

 

Agriculture

Agricultural Sales

–

–

–

–

P

P

P

–

P

P

–

–

–

 

Agriculture, Animal  Husbandry

–

–

–

–

–

–

–

–

–

–

–

–

–

 

Agriculture, Crop

P

P

P

–

P

P

P

P

P

P

–

P

–

 


 

Article 5. Use Regulations

5-29

533(4)

Revise building coverage formula for accessory structures to correspond with the building coverage standards of 20-601(a)

(Initiated: July with TA-06-04-06)

 

 

5-30

534(2)(iii)

Methods of creation of an Accessory Dwelling Unit by converting an attached garage

(Initiated: September 2006 with TA-09-09-06)

 

 

 

This item had public hearing at the October 23 Planning Commission meeting.  The Commission deferred the particular amendment and directed staff to research the subject and come back to the Planning Commission at a later date with revised language and research results.  Staff is continuing to study this issue.

 

5-38

538

Add section 538 to Article 5 Use Regulations that provides the standards which apply to Exterior Storage, an accessory use (with standards) permitted in certain zoning districts (see table above)

(Initiated: September 2006 with TA-09-09-06)

 

 

 

Staff is continuing to study this issue.  Language for this provision is being drafted and tested for accuracy and applicability prior to adoption.

(Related to Amendment to add Sec. 403 and to 1006(c))

 

Article 9. Parking, Loading and Access

Unknown

Unknown

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

(Initiated: July 2006 with TA-06-04-06)

 

 

 

Staff is continuing to work on this issue.

 

 

9-11

908(c)

Correct subsection title to accurately reflect the zoning districts to which it applies

(Initiated: October 2006 with TA-10-10-06)

 

 

 

See table below

 

9-11

908(c)

Add H, GPI and OS to the list of Commercial and Industrial Districts Nonresidential Districts for the location of off-street parking areas

(Initiated: October 2006 with TA-10-10-06)

 

 

 

See table below

 

9-11

908(c)

Correct reference to “Sec. O” within the Commercial and Industrial Districts Nonresidential Districts table for the location of off-street parking areas

(Initiated: October 2006 with TA-10-10-06)

 

 

 

See table below.  Staff is continuing to locate the appropriate reference.

 

 

9-12

910

Clarify where recreational vehicles may be parked in residential areas

(Initiated: July 2006 with TA-06-04-06)

 

 

 

Staff committee and Legal Services are continuing to study this issue.

 

Article 10. Landscaping and Screening

10-3

1002

Revise Street Tree Standards so that there is consistency between the standards in the forthcoming Subdivision Design and Improvements (Article 8) and Article 10 of the Development Code

(Initiated: September 2006 with TA-09-09-06)

 

10-6

1005(c)

Add H (Hospital District) and GPI (General Public and Institutional Use District) to the Table of Bufferyards

(Initiated: October 2006 with TA-10-10-06)

 

 

 

10-9

1006(c)

Add subsection C to the Additional Screening Requirements section to provide language for the screening of exterior storage (related to amendments in articles 4 and 5 discussed aboved)

(Initiated: October 2006 with TA-10-10-06)

 

 

 

Staff is continuing to study this issue.  Language for this provision is being drafted and tested for accuracy and applicability prior to adoption.

(Related to Amendment to add Sec. 403 and to 538)

 

Article 13. Development Review Procedures

13-9

1301(q)(3)(iii)

Revise the mailed notice procedures

(Initiated: October 2006 with TA-10-10-06)

 

 

13-32

1305(b) and (c)

Clarify when site plan review is required and what types of development are exempt from site plan review

(Initiated: July 2006 with TA-06-04-06)

 

 

 

Staff committee is continuing to study this issue.

 

13-38

1305(m)(2)

Correct reference to Section (g)(1) which appears to be a typo

(Initiated: October 2006 with TA-10-10-06)

 

 

 

 

Staff Review

Legal staff is continuing its work on language for the amendment pertaining to temporary uses and event permits for non-profit organizations.  Staff subcommittees have been formed and have drafted proposed language for previously initiated amendments to the building coverage standards, specifications for and placement of street trees.  Staff subcommittees are continuing to study possible language pertaining to the initiated amendment for site plan applicability and for the location of and specifications for outdoor/exterior storage.  Likewise, Staff is continuing to search for the location of the appropriate reference to the allowed location for off-street parking areas in Section 20-908(c).

 

Last month the Planning Commission initiated a series of amendments to Articles 4, 9, 10 and 13 of the Development Code.  The Planning Commission initiated an amendment to Article 4, Section 403 to add Agriculture, Crop as a permitted use in the GPI District.  This amendment is appropriate because in some cases, properties zoned GPI may be agricultural in character and located on the fringes of urban development where crop agriculture would be consistent with other surrounding land uses.  The Planning Commission initiated an amendment to Article 9, Section 908(c) to add the H, GPI and OS Districts, to replace the title with Nonresidential Districts and to correct the reference to Sec. 0 in the Commercial and Industrial Districts off-street parking location table.  The Planning Commission also initiated an amendment to Article 10 to add the H District to the Table of Bufferyards as it was inadvertently left out.  A revision to the mailed notice procedures in Article 13 was also initiated to relax the required deadline for submission of certified property ownership information provided to the Planning Office by the applicant from 10 days to 30 days.  Lastly, the Planning Commission initiated a text amendment to correct a reference in Section 1305(m)(2).  All of these initiated amendments have been addressed in this report and corrected text has been provided.

 

Additionally, proposed language has been drafted and prepared for public hearing for several previously-initiated amendments which have been reviewed and discussed by staff subcommittees since their initiation.  These amendments include revisions to the building coverage standards in Article 5, to add a provision of exterior storage standards in Articles 4, 5 and 10, and to revise the standards for street trees in Article 10.

 

Building Coverage

A staff subcommittee met to discuss needed revisions to the building coverage standards for accessory structures, so that they may correspond with the building coverage standards of Article 6.  Staff determined that in the event that there are multiple accessory structures on a lot, the combined area of all accessory structures may not exceed the area of the principal structure or 20% of the lot area, but in any case the sum of the area of all accessory and principal structures may not exceed the maximum building coverage of the lot as permitted by Section 6-601(a).

 

Exterior Storage

Language has been drafted by a staff subcommittee but is being held from public hearing at this point so that staff may test run the language for these standards to ensure the language is clear and applicable prior to scheduling it for public hearing at Planning Commission.

 

Street Trees

A staff subcommittee met to discuss a clear error in Section 20-1002 regarding the placement of street trees in residentially-zoned properties.  The code currently states that street trees should be located a minimum of 50’ behind the curb line.  This has been corrected in the provided language.  Additionally, staff has proposed language to make these specifications more clear and more closely resemble those in the forthcoming Subdivision Design and Improvements Article so that there will not be a conflict between this section and the new subdivision regulations.

 

In October, the Planning Commission directed staff to research methods of creation of accessory dwelling units in other communities in response to the proposed amendment to permit the creation of an accessory dwelling unit through the conversion of a detached garage.  Staff is continuing to work on this.

 

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 October 23rd meeting are outlined in Item : TA-10-11-06.  Those changes are provided for initiation and consideration at a future meeting.

 

STAFF RECOMMENDATION:  Planning Staff recommends approval of the proposed text amendments [TA-10-10-06] to Articles 4, 5, 9, 10 and 13 and forwarding them to the City Commission with a recommendation for approval.