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HomeMy WebLinkAboutA002 - Council Action Form dated July 11, 2017 ITEM # 28 DATE: 07-11-17 COUNCIL ACTION FORM SUBJECT: ZONING TEXT AMENDMENT CREATING NEW PARKING LOT SETBACK AND LANDSCAPING EXCEPTIONS BACKGROUND: In June 2017 the City Council adopted new landscape standards for Section 29.403 of the Zoning Ordinance. In addition to the new landscape standards, other key sections of the Zoning Ordinance must be amended and updated to reflect the new standards and address any ancillary issues surrounding the implementation or enforcement of those new standards. The City Council elected to approve the new landscape standards with the direction that staff return to them within the next three months with amendments and updates to the administrative processes, appeals process criteria, and any miscellaneous remaining items that need to be addressed with adoption of the new standards. Staff proposes creating two minor exceptions processes as they relate to the new landscape and parking lot standards. Exceptions are meant to be minor in nature and to not rise to the level of review required of variances. Exceptions are intended to be used only in instances where compliance with certain requirements would be impractical and Zoning Board of Adjustment (ZBA) approves the exception based upon consistency with the relevant criteria. The proposed exceptions do not apply to residential areas due to the mandatory screening requirements in residential areas as compared to minimum setbacks in commercial areas. Attachment A includes the proposed new language for the two proposed exceptions. The first new exception is for commercial parking lot perimeter side and rear three-foot minimum setbacks. The new landscape standards require parking and loading areas to be set back three feet from side and rear setbacks. Previously, the City required a minimum of five feet for parking lots. The standards were reduced to provide greater dimensional latitude in meeting landscaping requirements for parking lots as part of the new landscaping ordinance. The proposed exception process would apply to sites that may need to place the back of curb or edge of paving of a parking lot at the property line on the sides or rear of the property to meet other site development standards. The second proposed exception is intended to address situations within CSC or DSC zoning where a site may not be able to meet the 10% parking lot landscape area requirement for driveways that principally serve covered parking or loading areas. The new standards require all parking lots to provide 10% landscape area in our around the parking and loading areas. In circumstances where a driveway or loading area may lead only to structured parking and not to surface parking, it may not be practicable to incorporate landscaping to meet the base standards. 1 Given the level of Planning Director discretion and various options for developers in the new landscape standards it is believed that exceptions will likely not be frequently needed. However, there could be situations related to providing required parking or meeting landscaping standards that could justify an exception when meeting all other development standards. Staff believes the ZBA reviewed exception process is more appropriate versus Planning Director discretion due to the potential of affecting adjacent properties with little or no setback of parking areas. The exception process allows for public notice and review of such requests that may not always be appropriate or require consideration of multiple issues. At the June 21st Planning & Zoning Commission meeting the Planning & Zoning Commission voted 6-0 to recommend approval to the City Council of the proposed exceptions text amendment. ALTERNATIVES: 1. The City Council can approve on first reading an ordinance creating exceptions for parking lot minimum setbacks and landscape percentage. 2. The City Council can provide direction for alternative language on exceptions and return prior to the first reading of an ordinance. CITY MANAGER'S RECOMMENDATION The exceptions process is laid out in Section 29.1507 of the Zoning Ordinance. The proposed new language provides for a process whereby an applicant may seek an exception for side and rear commercial parking lot setbacks. Additionally, parking lot landscape area for driveways leading to covered parking may also be reduced. Staff believes giving these options to developers provides for an avenue to make a project workable in unique circumstances and gives the ZBA oversight of these requests, which can place vehicles in very close proximity to property lines. The exception process has a lower approval threshold compared to variances, but does include a public notice requirement with their review. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 which is to adopt text amendments for two new exceptions.