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HomeMy WebLinkAboutA001 - Commission Action Form dated June 21, 2017 ITEM#: 8 DATE: 06-21-17 COMMISSION ACTION FORM SUBJECT: ZONING TEXT AMENDMENTS REVISING APPEALS AND CREATING NEW PARKING LOT LANDSCAPING EXCEPTIONS BACKGROUND: In March 2017, the Planning & Zoning Commission recommended approval of new landscape standards for Section 29.403 of the zoning ordinance. The City Council held a public hearing on the first reading of the new landscape ordinance on May 23rd and is currently in the process of completing three readings of the landscape ordinance for approval. As part the new landscape standards other key sections of the Zoning ordinance must be amended or 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. Two areas of Zoning Board of Adjustment authority are implicated by the new landscape standards. Staff proposes amending the appeals process of administrative decisions for alternative compliance in regards to landscaping and creating new minor Exceptions for landscaping standards related to commercial parking lots. r Appeals 4 ,ppeals-of-administrative decisions regard-ing-zoning-related,decision by administrative officers are authorized by state statute:Currently;the process by which an individual may appeal any final decision of the Planning Director on a site plan is found in Section 29.1403(7)(a) where an appeal may be made if it is alleged that there is an error in the order, requirement, decision or determination made by an administrative official. This process is currently viewed as an error consisting of an oversight failure or failure of the administrative officer to properly administer legal requirements thereby causing someone to be deprived of their legal rights. Administrative permits are rarely denied leading to appeals. More commonly, appeals of orders for compliance or interpretations of standards are brought to the Zoning Board of Adjustment. For example, if staff determines a specific provision of the Zoning ordinance applies to a project, a person may appeal that interpretation to the Zoning Board of Adjustment for their review and decision of the meaning of the standard. Staff intends to keep these current practices as part of the appeal process. However, the new landscape standards include a number of provisions to promote flexibility through alternative means of compliance or discretionally waving particular requirements to meet landscaping goals. The choice of granting these options should not be viewed as a potential error that can be appealed. The flexibility afforded to the Planning Director is for options that are not the base requirements. A project can always move forward under the base landscape standards without discretionary compliance determinations on individual landscape provisions and an applicant can seek approval of a project consistent with the Minor Site Development Plan criteria. The concern is that with more options for discretion in the review process that it is important to narrow the scope of appeals to the final decision to approve or deny a project, not the individual elements that are considered as part of the project review. The proposed new appeals language within Attachment A has a clear set of standards between the decisions of the Planning Director and the Zoning Enforcement Officer. The Zoning Enforcement Officer is responsible for the general administration and interpretation of the Zoning Ordinance, but does not have authority over the Minor Site Development Plan process. The proposed changes thereby categorize Planning Director decisions separately from the Zoning Enforcement Officer. Staff has also proposed changes to the appeal filing process to help clarify the method of appealing decisions. The changes modify the length of time for filing an appeal to 14 days from a written decision. Exceptions Exceptions to the new landscape standards are intended to be used only in instances where compliance with the standard side or rear commercial parking lot minimum setbacks of three feet may be allowed to be reduced if it is otherwise deemed to meet the intent of the ordinance. The proposed exception can apply in any industrial or commercial zoning district for a commercial parking lot. The exception does not apply to residential areas due to the mandatory screening requirements in residential areas. The commercial parking lot perimeter standard is found in Section 29.403 in the perimeter parking lot planters and bufferyards standards for non-residential sites. This applies 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. Attachment B includes the proposed new language for the two proposed exceptions. 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. ALTERNATIVES: 1. The Planning & Zoning Commission can recommend to City Council that the proposed new language governing appeals and exceptions for minor site development plans relating to new landscape standards be approved. 2. The Planning & Zoning Commission can recommend to City Council alternative language for appeals an exceptions. 3. The Planning and Zoning Commission can request additional information and defer a making recommendation. RECOMMENDED ACTION: In reviewing current appeals language found in Section 29.1403, staff believes further clarification needs to be made as to when an appeal can be made and how it's made with regard to minor site development plans in conjunction with corresponding new landscape regulations. The proposed language preserves the current process for appealing errors in interpretations and application of standards by the Zoning Enforcement Officer while specifying that the final decision by the Planning Director may also be appealed.The new language does clarify that individual determinations as part of the landscape plan review are not appealable, only the final approval or denial of the plan. 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 Zoning Board of Adjustment oversight to this issue which can place vehicles in very close proximity to property lines. The exception process has a lower approval threshold compared to variances. Therefore, the Planning and Housing Director recommends Alternative #1 which is to recommend that the City Council adopt new language governing appeals and exceptions. With the Planning and Zoning Commission's recommendation, staff will work to refine the language and changes with the City Attorney for presentation to the City Council as a draft ordinance. Attachment A Excerpt of the Zoning Board of Adjustment Procedures and Exceptions from the Zoning Ordinance Proposed changes are shown in stFilkeeu and underline Sec. 29.1403. ZONING BOARD OF ADJUSTMENT. (1) Establishment and Membership. A Zoning Board of Adjustment is hereby established, which shall consist of 5 members appointed by the Mayor, subject to confirmation by the City Council. Appointments to the Board shall be for a term of 5 years. Any vacancy shall be filled in the same manner for the unexpired portion of the term. Terms of office begin on April 1 of the year of appointment. No member may serve more than 7 years. (2) Compensation. All members of the Zoning Board of Adjustment shall serve without compensation. (3) Meetings and Quorum. There shall be a fixed place of meeting and all meetings shall be open to the public.The presence of 3 members shall be necessary to constitute a quorum. (4) Board Action. The concurring vote of 3 members of the Board is necessary on all matters upon which the Board is required to act under the provisions of this Ordinance and state law. (5) Officers and Duties. (a) Chair. The Board shall annually elect this chair at its first meeting on or after April 1 of each year. Such chair or, in the chair's absence, the acting chair, may administer oaths and compel the attendance of witnesses. (b) Secretary. The City Clerk or his/her designee shall serve as secretary of the Board. In the absence of the secretary, the chair may appoint one of the members of the Board to act as secretary pro tem for the meeting.The secretary shall keep minutes of the Board's proceedings, showing the vote for each member upon each question. If a member is absent or does not vote on any matter, the minutes shall indicate this fact. The Board shall keep records of all official actions, which shall be on file in the office of the City Clerk as a public record. (6) Rules of the Board. The Board shall adopt, from time to time, subject to the approval of the City Council, such rules of procedure as it deems necessary for the conduct of its functions. (7) Powers. As provided by Section 414.12 of the Iowa Code, the Board has the power to: (a) Appeals. Hear and decide appeals where it is alleged that there is error in any order, requirement, or decision for a permit, 9F dete niR@t'^^ made by an administrative official in the enforcement of this Ordinance; (b) Special Use Permits, Special Home Occupation Permits, and Exceptions. Hear and decide on applications for Special Use Permits, Home Occupation permits, and for Exceptions in accordance with Sections 29.1503 and 29.1506 of this Ordinance. (Ord. No. 3591, 10-10-00, Ord. No. 3815, 12-21-04) (c) Variances. Hear and decide on specific cases seeking a variance from the terms of this Ordinance in accordance with Section 29.1504. In granting any variance, the Board may prescribe appropriate conditions and safeguards to foster the policy and intent of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance shall be municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of $750 for each repeat violation. (d) Requests for Reasonable Accommodations. Hear and decide on requests for Reasonable Accommodations in accordance with Sec. 29.1505 of this ordinance. (Ord. No. 3815, 12-21-04) (8) Appeals to the Board. after-,te J by aRy deGOSOnn of the 7nninn Gnfnrnomont Offinor (a) General. i. Appeals to the Board may be taken by any person aggrieved by any decision of the Zoning Enforcement Officer. ii. Appeals to the Board may be taken by any officer, department board or bureau of the City affected by any decision of the Zoning Enforcement Officer. iii. Appeals to the Board may be taken by any person aggrieved by the decision to approve or deny a Minor Site Development Plan by the Planning Director. a. Appeals are not permitted for determinations by the Planning Director of alternative compliance or adjustments to standards when specifically granted authority by this Ordinance. (b) Filing. affe to d by , d eirien f the ZeR*Rg Enfe+r:,. nt 9##iee-. A written notice of appeal must be filed with secretary to the Board within 14 days of a written decision, order, or requirement by an administrative official. The written notice of appeal must specify the grounds thereof for the appeal. Sueh appeal shall be takeR within 30 days of the deeisiaR ef the ZeRiRg ERfGreement C)ff;c-eF by pFevid d by the Fee latieR of the bGa . The secretaryof the Board shall give notice of such appeal within 10 days of the filing of the appeal to the Zoning Enforcement Officer and the Planning and Housing Director, who shall forthwith transmit to the Board all papers and documents constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board after the notice of the appeal shall have been filed with the Building Official, that by reason of facts stated in the appeal a stay would, in the Building Official's opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application of notice to the Building Official and due cause shown. Attachment B Sec. 29.1506. EXCEPTIONS. (4) When Authorized. The Zoning Board of Adjustment is authorized to grant the following exceptions: (a) Parking stall exceptions pursuant to Sec. 29.406(9)(c); (b) DSC and CSC minimum height exceptions pursuant to Sec. 29.808(4) and 29.809(4); (Ord. No. 3872, 03-07--06) (c) Exceptions for minor area modifications. The Board is authorized to grant exceptions from the requirements of the zoning ordinance to allow minor area modifications for single family attached and detached dwellings that are existing in developed areas, but not in cases of new construction.These are authorized for the following situations: (i) reduction of required residential side yard setbacks for principal structures by no more than two feet; (ii) reduction of required residential front and rear yard setbacks for principal structures by no more than five feet; (iii) reduction of minimum lot area requirements by no more than 10%; (iv) reduction of required residential front, rear and side yard setbacks without limit as required to provide handicapped access ramps to a dwelling; (v) reduction of front, rear, and side yard setbacks without limit to allow reconstruction of a historically accurate structure. (d) Commercial Parking lot side and rear landscape setback requirement of 29.403 (e) Commercial Parking Lot area percentage requirement of 29.403. (5) Review Criteria (e) Commercial Parking lot side and rear landscape setback. All of the following criteria must be met for the Board to grant the exception and the overall site must comply with all development standards. i Adequate provisions for meeting required parking lot landscaped area and planting requirements have been made to account for the reduced parking lot setback. ii Providing the dimensional and location requirements of parking spaces necessary to serve the proposed use are not feasible while maintaining a setback for the parking lot. iii That the landscape standards in Section 29.403 allowing Planning Director alternative compliance and waiver authority are not appropriate to allow approval of a Site Development Plan. iv. That a reduction of side or rear parking lot setbacks will not impair or infringe upon the use of neighboring property or be detrimental to the public health, safety or general welfare. (f) Commercial Parking lot and loading area landscape percentage. Within the CSC and DSC zoning district parking lot driveways that principally serve covered parking and loading areas may have an exception approved to reduce landscaped area when there is inadequate space or site conditions to provide appropriate planters to meet landscaping requirements.