HomeMy WebLinkAboutA003 - Memo from Planning & Housing dated November 29, 2012 Memo
Department of Planning& Housing
Caring People
Quality Programs
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FENOV2 9 2012
TO: Diane Voss, City Clerk
FROM: Charlie Kuester, Planner CITY c1F Y, '�S,in1At!q
DATE: November 29, 2012
SUBJECT: Zoning Ordinance Text Amendment Pertaining to Correcting Scrivener's Error in Table
29.805(3)—Zone Development Standards in PRC Zone
The Planning and Zoning Commission took action on the above-mentioned amendment to the Zoning
Ordinance at its meeting of November 28, 2012.
The City Council will be reviewing this proposed amendment at its meeting of December 11, 2012.
I have attached a copy of the Commission Action Form dated November 28, 2012.
Please contact me at extension 5400 if you have any questions regarding this agenda item.
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Attachment
SAPLAN_SHR\Council Boards Commissions\PZ\Letters&Memos\2012\Memo to Clerk Regarding Text Amendment-PRC Zoning Code-11-29-12.doc
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ITEM # 8
DATE 11-28-12
COMMISSION ACTION FORM
SUBJECT: AMENDMENT TO CORRECT SCRIVENER'S ERROR IN TABLE
29.805(3)—ZONE DEVELOPMENT STANDARDS IN PRC ZONE
BACKGROUND:
In 2007, Table 29.805(3) (Planned Regional Commercial Zone Development
Standards) was amended to reflect new requirements for the then-new Northeast
Gateway Overlay District. The amendment added new requirements for setbacks
from the street lot line.
The Table currently reads:
Table 29.805(3)
Planned Regional Commercial(PRC) 'Lone Development Standards
DEVELOPMENT STANDARDS PRC LONE
Minimum Lot Area One Acre
Minimum Lot Frontage except in the O-GNE So ft.
Minimum Lot Frontage for O-GNE only 50 ft.or cross-access easement agreements to which the City
is a party for the limited purposes of modification or
termination of the legal access rights
Minimum Building Setbacks:
Street Lot Line except in the O-GNE 50 it.
Street Lot Line O-GNE only As specified in approved master plan
Side Lot Lane 0
Rear Lot Line 50 ft.side
Lot Line Abutting an R Zoned Lot 50 ft.rear
Maximum Building Setbacks:
Street Lot Line None
Landscaping in Setbacks Abutting a Residentially 20 R.@ U. See Section 29.403
Zoned Lot
Maximum Building Coverage 50%
Minimum Landsca .Area 15%
Maximum Height 100 ft.or nine stories
Parking Allowed Between Buildings and Streets Yes
Drive-Through Facilities Permitted Yes
Outdoor Display Permitted Limited to garden centers and similar accessory uses,
automotive and marine trade,in defined areas
Outdoor Storage Permitted No
Trucks and Equipment Permitted I Yes
Below is the table as it read prior to the 2007 amendment. Note that the setback
for a Rear Lot Line was 0 feet.
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Table 29.805(3)
Planned Regional Commercial(PRC)Zone Development Standards
DEVELOPMENT STANDARDS PRC ZONE
Minimum FAR .50
Minimum Lot Area One Acre
Minimum Lot Frontage 50 ft.
Minimum Building Setbacks:
Street Lot Line 50 ft.
Side Lot Line 0
Rear Lot Line 0
Lot Line Abutting an R Zoned Lot 50 ft.side
50 R.rear
Maximum Building Setbacks:
Street Lot Line None
Landscaping in Setbacks Abutting a Residentially 20 ft.@ U. See Section 29.403
Zoned Lot
Maximum Building Covcra a 50°1°
Minimum Landscaped Area 15%
Maximum Height, 100 ft,or nine stories
Parkin Allowed Between Buildin and Streets Yes
hive-Thrau h Facilities Permitted Yes
Outdoor Display Permitted Limited to garden centers and similar accessory uses,
automotive and marine trade,in defined areas
Outdoor Storage Permitted No
Trucks and Equ!2Mt Permitted Yes
There appears to be a mistake in the formatting of the Council-approved
Ordinance No. 3928 in 2007 which only recently came to light. That Minimum
Building Setback row of the current table should read:
Minimum Building Setbacks
Street Lot line except in O-GNE 50 ft
Street Lot Line in O-GNE only Asspecified in approved master plan
Side Lot Line 0
Rear Lot Line 0
Lot Line Abutting an R Zoned Lot 50 ft.side
50 ft.rear
ALTERNATIVES:
1. The Planning and Zoning Commission can recommend that the City Council
approve the zoning code text amendment to correct the Rear Lot Line
setback requirements in Table 29.805(3).
2. The Planning and Zoning Commission can recommend that the City Council
not adopt the proposed text amendment.
3. The Planning and Zoning Commission can refer this issue back to staff for
further information.
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RECOMMENDED ACTION:
Staff believes that the proposed amendment returns the code to the intent of the
ordinance prior to the 2007 amendments. As currently written, the requirement is
ambiguous and open to wide interpretation. Staff therefore recommends that the
Commission act in accordance with Alternative 1, which is to recommend that the
Council approve the zoning code text amendment to correct the Rear Lot Line
setback requirements in Table 29.805(3).
S:\PLAN_SHR\Council Boards Commissions\PZ\Commission Action Forms\Text Amend ments\PRC_Setbacks_Cleanup-
11-28-12.docx
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