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HomeMy WebLinkAboutA001 - Council Action Form dated January 20, 1987 ITEM #: DATE: 0 887 COUNCIL ACTION FORM SUBJECT: Motion to Set Date of Public Hearing to Consider Amendments to the Zoning Ordinance BACKGROUND: For some time the Planning and Housing Department has been reviewing the zon- ing ordinance with an interest to amend the ordinance where such an amendment will result in streamlining the process or clarifying a problematic provision in the ordinance. Attached to this Action Form are three amendment proposals that involve the following issues: 1. Approval of minor changes to an approved Mobile Home Park; 2. Allowing canopies for fuel pumps closer to the property line than the structure; 3. Deleting the lot averaging provision for residential front yard set-backs. 1. Mobile Home Parks Currently the zoning ordinance contains no provision whereby a Mobile Home Park can be altered without the approval of the City Council . This is true no matter how slight or insignificant the change may be. A recent example of this was illustrated by the approval of the bus shelter at the Old Orchard Mobile Home Park . This bus shelter plus any small structure like it requires an approval process that can take as much as six weeks to complete. The amend- ment proposal would greatly shorten this process to as little as 4-15 days for the following types of changes: 1. Construction of storage buildings; 2. Construction of community or recreation facilities; 3. Construction of maintenance buildings, accessory buildings or similar type uses. The developer would be required to submit complete site plan information, but the approval would be an administrative responsibility. 2. Canopies The zoning ordinance at present makes no distinction between canopies and the principle building on a lot with regard to the setback requirements for a structure on a lot . The problem then arises that a canopy cannot be con- structed on a given lot without a variance because the principle building in 2 most instances has been constructed at the minimum setback line on the prop- erty. With the standards that must be met to obtain a variance (most notably the loss of reasonable return) it is virtually impossible for an applicant to demonstrate, in the situation of a canopy, that granting a variance can be justified. Therefore these situations create unnecessary burdens, both to the applicant and the Zoning Board of Adjustment, that can be rectified by an amendment to the ordinance. This ordinance amendment would create a definitional distinction between the principle building and the canopy as a structure so as to enable a reduced setback for canopies . This distinction would only be applicable for canopies as part of an automobile service station or convenience store with fuel pumps. 3. Lot Averaging Section 29.30 of the current zoning ordinance requires that any construction in the S-R, R1-10, R1-6, R-2, and R2-7 maintain the minimum front yard setback or the average setback established by the principle structures on all adjoin- ing property within 50 feet of the property in question, which ever is greater. This provision has caused numerous problems to property owners who are wanting to build on an infill lot or more frequently wanting to make an addition to an existing structure, but the addition is such that it cannot meet the setback established by the front-yard average, therefore these requests are denied administratively. The proposed language would delete the front-yard lot averaging provision and keep only the minimum front-yard setback requirement as it currently exists. The Planning and Zoning Commission has reviewed these proposed amendments and has recommended that they be approved. ALTERNATIVES: 1. The City Council can approve these proposed amendments and set February 3, 1987 as the date of Public Hearing to consider the amendments. 2. The City Council can deny approval of the proposed amendments. 3. The City Council can refer these amendments back to the Planning and Zoning Commission for further review and comment. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alter- native #1. This will approve the proposed amendments and set February 3, 1987 as the date of Public Hearing. COUNCIL ACTION: PROPOSED AMENDMENT TO SECTION 29.20 OF THE ZONING ORDINANCE "R-5" MOBILE HOME DISTRICT Existing Language: Section 29.20(26)(b) paragraphs 2 and 3. None. Proposed Language: Section 29.20(26)(b) paragraphs 2 and 3. Alterations or changes may be made within an existing vested noncon- forming, mobile home park, located in the R-5 zoning district, pro- vided that the number of mobile homes is not increased and provided that the size of any mobile home space is not decreased below the minimum required by this chapter. Minor alterations or changes may be approved administratively by the Director of Planning and Housing. Minor alterations or changes shall include: construction of or addi- tions to storage buildings, community or recreation facilities, main- tenance buildings, accessory buildings or structures that are comple- mentary to an individual mobile home, outdoor vehicle , or boat storage areas, or other similar type uses. All construction shall meet the setback and spacing requirements as required by the R-5 zoning district. All other types of alterations or changes not specifically listed under minor alterations and changes will require the submittal of a plan amendment following the procedure as established by the Zoning Ordinance. Minor alterations or changes shall be permitted only after a submit- tal of a site plan to the Department of Planning and Housing for review and processing. Such plan shall meet the submittal require- ments and review standards as set out in Section 29.49 of this chap- ter unless waived by the Director of Planning and Housing. Within fifteen (15) days after submittal , the Director of Planning and Hous- ing, in a written decision, stating findings of fact and conclusions pertaining to the standards in Section 29.49, shall approve, approve with modification or deny the request. Upon approval or approval with modification, a building permit may be issued. Any person aggrieved by a decision to grant or deny a permit may appeal to the Zoning Board of Adjustment where upon said Board shall decide the matter. OTHER PROPOSED ORDINANCE CHANGES FUEL PUMP CANOPY AMENDMENTS SECTION 29.2: Definitions and Rules of Construction Existing Language: ( ) None Proposed Language: ( ) Canopy-fuel pump. A structure with a roof-like cover that is free- standing or projects from an automobile service station or conven- ience store with gas pumps for the protection of customers using the fuel pumps. Said canopy shall have a minimum clearance of fourteen (14) feet and a maximum height of eighteen (18) feet. No advertis- ing shall be allowed on the canopy. The canopy shall employ an internal drainage system which shall discharge into the storm water drainage system. No discharge shall drain across any pedestrian walkway, parking area or driveway. SECTION 29.22(2): General Commercial Bulk Regulations Existing Language: (c) Front yard: twenty (20) feet minimum. Proposed Language: (c) Front yard: twenty (20) feet minimum setback. A fuel pump canopy may maintain a minimum front yard setback of ten (10) feet. The setback shall be measured between a vertical plane extending from the front edge of the canopy to the ground and the front property line. Existing Language: (d) Side yard : Five ( 5 ) feet with a minimum of fifteen ( 15 ) feet between structures on adjacent properties. Twenty (20) feet if abut- ting a street or residential district. Proposed Language: (d) Side yard : Five (5 ) feet setback with a minimum of fifteen (15) feet between structures on adjacent properties. A setback of twenty (20) feet if abutting a street or residential district. A fuel pump canopy may maintain a minimum side yard setback of ten (10) feet if the side yard abuts a street . The setback shall be 2 measured between a vertical plane extending from the side edge of the canopy to the ground and the side property line. SECTION 29.25(2) : General Industrial Bulk Regulations Existing Language: (c) Front yard : ten ( 10) feet minimum, forty (40) feet if abutting an arterial street. Proposed Language: (c) Front yard : ten (10) feet minimum setback, forty (40) feet if abutting an arterial street. A fuel pump canopy may maintain a minimum front yard setback of ten (10) feet if abutting an arterial street. The setback shall be meas- ured between a vertical plane extending from the front edge of the canopy to the ground and the front property line. Existing Language: (d) Side yard : twelve (12) feet minimum, forty (40) feet if abutting an arterial street. Proposed Language: (d) Side yard : twelve ( 12 ) feet minimum setback, forty (40) feet if abutting an arterial street. A fuel pump canopy may maintain a minimum side yard setback of ten (10) feet. The setback shall be measured between a vertical plane extending from the side edge of the canopy to the ground and the side property line. LOT AVERAGING AMENDMENT SECTION 29.30: Front Yard Variations Existing Language: In "S-R" , "R1-10" , "R1-611, "R-2" , and "R2-7" Districts , the required front yard setback for a principal building shall be the average of the front yard setbacks of principal buildings within fifty (50) feet located on adjacent properties, fronting on the same side of the street . Such front yard setback shall not be less than the minimum setback requirement for the district in which the proposed new construction is to be located, or more than fifty (50) feet. Proposed Language: Delete section.