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HomeMy WebLinkAboutA002 - Council Action Form dated July 11, 2000 ITEM # 34b DATE 07/11/00 COUNCIL ACTION FORM SUBJECT: MOTION TO RECOMMEND APPROVAL OF A TEXT AMENDMENT TO THE ZONING ORDINANCE, REGARDING PREVIOUSLY APPROVED PLANS TO PERMIT DIMINISHED DIMENSIONS FOR A PRINCIPAL BUILDING. ACTION FORM SUMMARY: A text amendment to the Zoning Ordinance is being proposed to allow an exception for site development plans that were approved under the previous Zoning Ordinance to permit a principal building to be made smaller, provided all other features of the plan remain the same. Approval of the Zoning Ordinance text amendment is recommended. BACKGROUND: The new Zoning Ordinance that went into effect on May 1, 2000, specifies that permits shall be issued for an approved site plan, PUD Plan, Planned Commercial Plan, Planned Industrial Plan, or any other plan for the development of land, if it was approved and authorized pursuant to the ordinances that were in effect at the time of the plan's approval. It further states that there shall be no change, deviation, or departure from such plan. This provision was put into the new Zoning Ordinance to allow developers to complete site development plans that had been approved under the old Zoning Ordinance. Without this provision, when the new Zoning Ordinance went into effect, all previously approved site development plans would have been null and void. This subsection also goes on to say that there shall be no change, deviation, or departure from such plan. That does not give any leeway to staff to allow the developer to construct a smaller building, even if all other conditions remain the same. If a developer wishes to make a change to his/her site plan to diminish the size of a proposed building in any way, the approval process would have to be started all over again under the provisions in the new Zoning Ordinance. This requirement seems onerous since the impact on the surrounding area would actually be diminished, if a smaller building were constructed. Therefore, staff believes there should be a modification to Subsection 29.105(2) to allow the developer to diminish the dimensions for a principal building, provided all other conditions remain the same. The existing text in Subsection 29.105(2) reads as follows: "(2) The provisions of Subsection 1 above not withstanding, permits shall be issued in furtherance of an approved site plan, Residential P.U.D., Planned Commercial District Plan, Planned Industrial Plan, or any other plan of land use or development approved if the said plan was duly approved and authorized pursuant to the ordinances in effect at the time of the plan approval. However, there shall be no change, deviation, or departure from the plan except when done in accordance with and pursuant to the regulations and procedures in effect for the site at the time of such change, deviation, or departure from the approved plan. The proposed text reads as follows: "(2) The provisions of Subsection 1 above not withstanding, permits shall be issued in furtherance of an approved site plan, Residential P.U.D., Planned Commercial District Plan, Planned Industrial Plan, or any other plan of land use or development approved if the said plan was duly approved and authorized pursuant to the ordinances in effect at the time of the plan approval. However, there shall be no change, deviation, or departure from the plan except: (a) when done in accordance with and pursuant to the regulations and procedures in effect for the site at the time of any change, deviation, or departure, or (b) when done to diminish the dimensions of a principal building and all other features of the approved plan remain the same except for those aspects of the plan that correspond directly to the dimensions of the principal building that are diminished." ANALYSIS: This proposed minor change to Subsection 29.105 that would allow a developer to proceed with and complete a site development plan approved under the previous Zoning Ordinance, while allowing him/her to construct a smaller building. The impact to the site and to the surrounding area from a principal building with diminished dimensions would actually be less than the original building and should not be contrary to the original intent when this provision was included in the new Zoning Ordinance. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed this request at their meeting of June 21, 2000 and approval was recommended. ALTERNATIVES: 1. The City Council can approve the text amendment to the Zoning Ordinance in Subsection 29.105(2) to allow a principal building with diminished dimensions for previously approved plans. 2. The City Council can decide not to approve the text amendment to the Zoning Ordinance in Subsection 29.105(2) to allow a principal building with diminished dimensions for previously approved plans. 3. Table action on the amendment and refer the proposed Zoning Ordinance text amendment back to City staff for additional information. RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. This is a recommendation to amend the Zoning Ordinance text to allow diminished dimensions for principal buildings allowed by site development plans approved under the previous Zoning Ordinance. Attachment