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HomeMy WebLinkAboutA003 - Council Action Form dated April 10, 2001 01 ITEM # 1� DATE 04/10/01 COUNCIL ACTION FORM SUBJECT: MOTION TO APPROVE/DENY TWO AMENDMENTS TO THE ZONING ORDINANCE REGARDING SCREENING REQUIREMENTS FOR MECHNICAL EQUIPMENT, AND INCLUDING PARKS AND OPEN SPACE AS A SPECIAL USE IN THE "HOC" ZONE. BACKGROUND: After administering the Zoning Ordinance for several months, staff has found the need for a modification to the Zoning Ordinance requirements for screening of outdoor mechanical equipment such as cooling and heating units, pumps, generators, and similar devices. The requirements are found in Section 29.408(4) Currently the screening requirements are such that mechanical equipment must be screened with six (6) foot high shrubs or a 6-foot high, fully sight-obscuring fence. Staff believes this screening requirement is excessive, since much of this equipment is less than six (6) feet in height. Further, much of this equipment needs to have sufficient air circulation to operate efficiently. Staff is proposing that the existing screening requirement be changed so that the height standard for the screen will be six (6) inches taller than the equipment the screen is shielding. Staff believes this will effectively accomplish the reason for screening and enable the equipment to function properly from the standpoint of air circulation. A copy of the proposed revision to the Zoning Ordinance requirements for screens around mechanical equipment is attached to this action form. This second amendment is a change in the use category for the "HOC" Highway-Oriented Commercial Zoning district to allow parks and open space with a Special Use Permit. Currently parks and open space are not a permitted use in this 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. Several properties zoned "HOC" include property within the flood plain, including some portions with a floodway designation. Allowing the possibility for golf courses on these sites would provide for maximization of use of these properties, which could otherwise only be developed as parking lots. The standards for approval of a Special Use Permit in a commercial zoning district will provide a means to evaluate the benefit of the proposed parks and open space use in relation to the loss of commercial land in a specific location. Refer to Table 29.804(2) of the Municipal Ordinance. A copy of the proposed revision to the Zoning Ordinance to allow parks and open space with a Special Use Permit is attached. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed this proposed change to the Zoning Ordinance at their meeting of February 21, 2001 and have recommend that it be approved. ALTERNATIVES: 1. The City Council can approve the proposed change to Section 29.408(4) related to screens for mechanical equipment and Section 29.804(2) related to Parks and Open Space in the "HOC" zone, as proposed by staff. 2. The City Council can deny the proposed changes to Section 29.408(4) related to screens for mechanical equipment and Section 29.804(s) related to Parks and Open Space in the "HOC" zone, as proposed by staff. 3. The City Council can table action on this proposed change to the screen requirements for mechanical equipment and parks and open space use in the "HOC" zone, and request additional information from staff. MANAGER'S RECOMMENDED ACTION: In many ways this proposed change to the existing screen requirement for outdoor mechanical equipment is a technical change to an existing regulation. Staff believes that the existing requirements are excessive and may actually be problematic to the effective functioning of some types of mechanical equipment. Also, staff believes adding parks and open space to the use category in the "HOC" Zoning district will allow for an opportunity to more fully develop sites in the floodplain with a compatible use. The Special Use Permit requirement to allow such uses will provide a mechanism to evaluate the benefit of the proposed parks and open space in relation to the loss of commercial land in a specific location. Therefore, it is the recommendation of the City Manager that Alternative #1 be adopted. This action will approve the proposed amendment to the screening requirement for mechanical equipment in Section 29.408(4) and the proposed amendment to the use category in the "HOC" Zone of the Zoning Ordinance. This will lower the screen requirement yet effectively accomplish the Councils intent to obscure these types of outdoor devices, and will allow parks and open space as a special use. COUNCIL ACTION: