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HomeMy WebLinkAboutA002 - Council Action Form dated July 13, 2004, tabled to August 10, 2004 T" I e-J 4T, � -f0 --c(-f Aq �p 0 ITEM # a- � DATE 7/13/04 COUNCIL ACTION FORM SUBJECT: AMENDMENT TO THE ZONING ORDINANCE TO CREATE AN OVERLAY DISTRICT FOR A TEMPORARY DEVELOPMENT MORATORIUM BACKGROUND: The City's land use policy emphasizes compatibility between new development and the character of existing development through several policies. For example, when intensifying land uses in existing areas of the City, the policy recognizes that such intensification can result in parking, building scale, and design conflicts. Planning for compatibility requires attention to specific characteristics of each neighborhood in question, which takes time. The proposed amendment to the Zoning Ordinance provides a tool to allow more time for such planning for compatibility to occur. The City has been conducting a sub-area plan to determine how to further implement these policies in the University Impacted Area. On May 19, 2004, the Planning and Zoning Commission received a report on this sub-area planning that, among other findings, concluded that continued development could create serious incompatibilities with long-term consequences. The Commission recommended that the City Council approve zoning regulations that would delay and defer development in the University Impacted Area until January 1, 2005, to allow sub-area planning to be completed and its implementation measures to be approved. On May 25, 2004, the City Council agreed with that recommendation for certain specific areas within the University Impacted Area. The proposed zoning ordinance (attached) provides a tool that can be used to delay and defer development, where warranted. The proposed ordinance allows imposition of a moratorium on development for up to one year in the city. Specifically, it prevents demolition of a building and also prevents new construction that changes the size of an existing building. Once such an ordinance is approved, applying this ordinance to a specific area for a specific period of time through rezoning would delay for up to one year most redevelopment projects, including those described above. Although it would not prevent interior remodeling and fagade projects, it would delay other projects from beginning construction, regardless of what stage of planning they may currently be in. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: By a 3-1 vote, the Planning and Zoning Commission recommended approval of the proposed text amendment to create an overlay district for a temporary development moratorium at its meeting of June 16, 2004. ALTERNATIVES: 1. The City Council can approve the proposed amendment to the Zoning Ordinance to create an overlay district for a temporary development moratorium. 2. The City Council can deny the proposed amendment to the Zoning Ordinance to create an overlay district for a temporary development moratorium. 3. The City Council can approve the proposed amendment to the Zoning Ordinance to create an overlay district for a temporary development moratorium, with modifications. 4. The City Council can postpone action on this request and refer it back to City staff for additional information. CITY MANAGER'S RECOMMENDED ACTION: It is recommended that Alternative# 1 be adopted, approving the proposed amendment to the Zoning Ordinance to create an overlay district for a temporary development moratorium. Once adopted, this ordinance could be applied to delay and defer development where warranted. This ordinance would allow the City to prevent demolition of a building and also prevent new construction that changes the size of an existing building within any area to which this overlay zone is applied. In certain specific portions of the University Impacted Area, it will take several months to determine where and how large scale, high-density projects can be made compatible with the existing character and create any appropriate regulations. Because of the time it takes for planning and the speed of development, it is prudent for the City to have a mechanism to temporarily halt development in some portions of the University Impacted Area. COUNCIL ACTION: Attachment 2