HomeMy WebLinkAboutA002 - Council Action Form dated August 26, 2003 ITEM # 1
DATE 08/26/03
COUNCIL ACTION FORM
SUBJECT: A TEXT AMENDMENT TO THE ZONING ORDINANCE TO ALLOW
ADMINISTRATIVE APPROVAL OF MINOR CHANGES TO A MAJOR SITE
DEVELOPMENT PLAN IN THE F-VR (VILLAGE RESIDENTIAL) DISTRICT.
BACKGROUND:
In the recent past, staff has received requests for "Minor Changes" to the development
requirements in Somerset. Most recently, staff has received three requests to be allowed to
place a 4-foot high picket fence in the side or rear yard of single-family attached and
detached units. Currently, the regulations that were approved as part of the Major Site
Development Plan for Somerset require a privacy fence (defined as a two-pattern fence
five-feet to six-feet tall) in the side or rear yard and require a picket fence (three-feet tall)in
the front yard. It was the intent of the regulations to prohibit privacy fences in the front
yards in Somerset, however, it was not the intent of the regulation to prohibit property
owners from placing 4-foot high picket fences in their side or rear yards. Staff believes that
these fences are more conducive to neighborly interaction than a privacy fence, which is
one of the underlying goals of village development.
Currently, there is no provision for allowing "minor changes" in the F-VR (Village
Residential) District regulations. In order for the fence provisions to be modified, the Major
Site Development Plan would have to be amended. This means following the process for
approving a Major Site Development Plan, including public meetings before the Planning
and Zoning Commission and the City Council. Staff believes that this is somewhat
excessive for minor changes.
There is an existing provision in the F-PRD (Planned Residence District), which allows for
minor changes. Staff believes that this provision should be included in the F-VR (Village
Residential) District, as well. Therefore, staff is proposing the following text amendment:
Section 29.1201(12) Minor Changes. Minor changes to the approved
Site Development Plan Major may occur after staff of the Department of
Planning and Housing has determined that the proposed changes are
minor in nature, and revised plans have been provided to the
Department for the purposes of keeping the Site Development Plan
Major current. Minor changes are defined as changes that:
(a) Do not constitute a change in the land use or the project, or
the overall layout and design;
(b) Do not increase the density or intensity of use, and the
number of buildings or a change in dwelling unit types;
(c) Does not change the overall landscape design of the F-VR
project, or
(d) Does not change the height or placement of buildings, or
other major features.
Staff believes that the inclusion of this provision in the F-VR (Village Residential) District
regulations will allow for a less time consuming process for administering minor changes to
the Major Site Development Plan.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning & Zoning Commission reviewed this proposed text change to the Zoning
Ordinance at their meeting of August 6, 2003 and recommended approval.
ALTERNATIVES:
1. The City Council can approve the text amendment to the Zoning Ordinance allowing for
minor changes to the Major Site Development Plan in the F-VR (Village Residential)
District.
2. The City Council can deny the text amendment to the Zoning Ordinance allowing for
minor changes to the Major Site Development Plan in the F-VR (Village Residential)
District.
3. The City Council can approve the text amendment to the Zoning Ordinance allowing for
minor changes to the Major Site Development Plan in the F-VR (Village Residential)
District, with modifications.
4. The City Council can refer the text amendment to the Zoning Ordinance back to staff
for further review and comment.
MANAGER'S RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 recommends that the
text amendment to the Zoning Ordinance allowing for minor changes to the Major Site
Development Plan in the F-VR (Village Residential) District be approved.
Attachment
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