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HomeMy WebLinkAboutA002 - Council Action Form dated March 27, 2001 U C9't o� WU �:a 1 Cc E-S� 10 ��. ITEM # 33 Pub as �'; DATE 03/27/01 oq �. �' COUNCIL ACTION FORM SUBJECT: RECOMMENDATION TO CITY COUNCIL TO APPROVE THREE TECHNICAL AMENDMENT'S TO THE ZONING ORDINANCE. BACKGROUND: After administering the Zoning Ordinance for several months, staff has found the need for additional modifications and additions to the ordinance text. As a result, staff has proposed three technical amendments to the Zoning Ordinance that are attached to this Action Form. The first amendment is a change to the screening requirements for mechanical equipment. This change is needed beca-use the screening requirements in the Zoning Ordinance are excessive. Currently a six-foot high, opaque fence or a solid hedge is required to screen such equipment. Since this equipment is often much lower than six feet in height, and since it often needs air circulation to function properly, staff is suggesting that the screening requirements be lessened. Screen ng is still required, however, it is not as extensive as previously required. Refer to Se . 29.408(4) on the attachment. The second proposed amendment is a change in the use category for the "HOC" Highway- Oriented Commercial zoning district. Parks and Open Space is currently not a permitted use in that zone. Among the uses included under the Parks and Open Space category are private and public golf courses. These uses have commercial aspects to them and in appropriate locations would be compatible in the "HOC" zone. Therefore, staff is suggesting that such uses be allowed with a Special Use Permit approved by the Zoning Board of Adjustment. The standards for approval of a Special Use Permit in a commercial zoning district will provide a means to evaluate the benefit of a proposed parks and open space use'in relation to the loss of commercial land in a specific location. Refer to Table 29.804(2) o0he attachment. The third technical amendment to the Zoning Ordinance is a new section in the Zoning Ordinance to provide for Temporary Use Permits for temporary uses. Examples of temporary uses are temporary garden centers, Christmas tree sales, produce and seafood sales, tent sales of retail goods, sale of seasonal food items, et cetera. Currently these temporary uses are not addressed in the Zoning Ordinance. Staff has observed that the number of temporary uses has been increasing for the past number of years, and they have been causing some problems. Therefore, staff is proposing a mechanism for evaluating these uses for an appropriate location on the site, the impact on traffic circulation and parking, the safety of pedestrians, and the effect on adjacent property and adjacent streets. The business owner would have to submit an application for approval of a temporary use to the Department of Planning and Housing prior to commencing the operation of the temporary business. The application would be evaluated by staff for compliance with the applicable regulations in the Zoning Ordinance and the specific criteria applied to temporary uses. Then a decision would be made, and if the proposed temporary use was in compliance with the requirements, a Temporary Use Permit would be issued. The text of the proposed ordinance amendment for a Temporary Use Permit is attached for your information. ALTERNATIVES: 1. The City Council can approve the three technical amendments that are being proposed by staff and the Planning and Zoning Commission as part of a further adjustment to the Zoning Ordinance. 2. The City Council can deny the proposed changes to the Zoning Ordinance. 3. The City Council can approve some of the proposed changes to the Zoning Ordinance. 4. The City Council can refer some or all of these proposed changes back to staff for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that Alternative #1 be adopted. This action is approval of the proposed technical amendments to the Zoning Ordinance, as outlined in the Action Form. These clarifications and additions to the Zoning Ordinance are needed adjustments after several months of experience at administering these regulations. COUNCIL ACTION: Attachment