AGENDA MEMORANDUM

MEETING DATE:   June 23, 2008

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                  Ordinance amending the Code of Ordinances – Amending Chapters 2 Administration, Chapter 23 Landscape and Tree Protection, and Chapter 25 Land Development Code

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the referenced amendments to the Code of Ordinances; Chapters 2 Administration, Chapter 23 Landscape and Tree Protection, and Chapter 25 Land Development Code.

Analysis:

On May 22, 2008, the Planning Commission held a public hearing on these amendments requested by staff, and, by a vote of 7 to 0, recommended approval of the amendments.

The majority of these amendments are house keeping items necessary to correct omissions, revise language, and clarify or simplify the Land Development Code, which was adopted in 2004. The more substantive changes include revising the requirement for certified mail notification letters to standard mail which will save thousands of dollars and staff time; changing the title of the CIP (Commercial / Industrial Planned) district to SPUD (Small Planned Unit Development) to clarify confusion with the Industrial portion of the old district name; allowing sidewalk cafes to have an administratively processed Limited Use Permit instead of the currently required Conditional Use Permit; and adding a provision to allow limited additional uses for historic properties with a Conditional Use Permit. An Executive Summary dated June 2008 is attached to summarize the recommended amendments.

Options:        

1.   Approve the recommended amendments to the Code of Ordinances Chapters 2 Administration, Chapter 23 Landscape and Tree Protection, and Chapter 25 Land Development Code.

2.   Other such action as the Commission may deem appropriate.

Fiscal Impact:

There will be a positive fiscal impact to the City with these changes of a reduction in postage of approximately $5,700 dollars and a savings in staff time.

Submission Date and Time:    6/20/2008 4:48 PM____

Department: Community Development Prepared by:  Bill Wiley, AICP Attachments:         Yes_X___   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_X__  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ____BW____ Finance  Dept. __________JB______                                    Deputy C.M. ________EFS________                                          Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

EXECUTIVE SUMMARY

LAND

DEVELOPMENT CODE AMENDMENTS

CHAPTER 2, 23 AND 25 CODE OF ORDINANCES

June 2008

CHAPTER 2 ADMINISTRATION

Article IV

Sec. 2-134 Public notice of hearings – Added information to clarify Public           Notices and to make them uniform for all applications.

CHAPTER 23 LANDSCAPE AND TREE PROTECTION – Delete this entire chapter
with the exception of the enclosed section from the Code of Ordinances. It was          inadvertently not removed when the Land Development Code was adopted with new standards.

CHAPTER 25 ZONING

Article II

Sec. 25-74 Changes, amendments or supplements – Added information to clarify         Public Notices and make them uniform for all applications.

Article IV

Sec. 25-269 Establishment of districts - (1) Active districts and (2) Inactive        Districts Tables change CIP to SPUD.

Sec. 25-274 Planned development district intent statements - change CIP to SPUD.

Sec.  25-277  Inactive districts - change CIP to SPUD.

Sec.  25-278  Planned development process - change CIP to SPUD.

Sec. 25-280 District Development Standard – Table 4-2 and Table 4-3 Clarified    density references, lot dimensions minimums and height in PUD.

Sec. 25-280(1)a. District Development Standard - Supplemental District Development Standards for required yard setbacks, Table 4-4 - Delete table which is confusing and add back supplemental district development standards for required yard setbacks inadvertently deleted with adoption of the LDC.

Sec. 25-280(5) Minor lot splits/lot line deviation – Added back into the code after it     was inadvertently deleted with adoption of the LDC.

Sec. 25-280(6) Lot regulations - Existing lots of record - Added back into the code after it was inadvertently deleted with adoption of the LDC.     

Sec. 25-281(1) Special Purpose Districts CBD, Central Business District – Changed requirement for sidewalk cafes to have Conditional Use Permit to Limited Use Permit that is administrative and made minor clerical corrections.

Sec. 25-282(a)(1) Overlay Districts – added provision for Planning Commission   to waive minimum five (5) acre requirement.

Sec. 25-284(3) Use Table – Added “general repairs- lawn mower” under Retail      Services and move some uses to correct categories.

Sec. 25-284(C) District use regulations – Use Table change CIP to SPUD

Sec. 25-289(f) Industrial Uses - Outdoor Storage Industrial Areas – Added clarification for outdoor storage in industrial areas.

Sec. 25-292(3)b.1. and c. Supplemental District Requirements - Alcoholic Beverages Uses – Added new districts, Central Business District “CBD,” Planned Development Districts permitted for alcoholic beverages uses and new distance requirements from specified uses and exemption for CBD. Also added reference to additional information concerning events in the Central Business District.

Sec. 25-292(15) Supplemental District Requirements - Historic Property Additional Uses – Added provisions to allow limited additional uses for historic properties with a Conditional Use Permit.

Sec.  25-292(16) Supplemental District Requirements – Outdoor Storage Other  Areas -Added section on outdoor storage for other areas that was inadvertently deleted with adoption of the LDC.

Sec. 25-292(17) Supplemental District Requirement s – Subdivision Model          Homes- Added section on subdivision model home uses etc.

Sec. 25-292(18) Swimming Pools – Changed setback for swimming pools from 15 feet to 5 feet to reflect previous code requirement due to hardship created by new LDC requirement on smaller lots.

Article V

Sec. 25-323 Landscape. – To provide for alternative materials.

Sec. 25-327 Parking Lot Landscaping – To clarify requirements for landscape islands.

            Sec. 25-342 Access management classification system and standards – To remove 80% requirement.

            Sec. 25-348 Number of access points – To clarify number of access points required.

Sec. 25-358 Off-street parking – Remove language that conflicts with other sections of code.

Sec. 25-360. Service Stations, Automobile Repairs, and Towing Services – Remove duplicated language that is in another section of code.

            Sec. 25-361. Requirements for on-site traffic flow and parking – Clarification of parking requirements and exemptions, and revisions to the Schedule for Vehicular Parking Space Requirements for various uses.

Note: In the following amendments strike throughs are deletions and under lines are additions