Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
title
Ordinance 25-06, an Ordinance Amending Title XV, Land Usage, Chapter 153, Definitions, Section 153.01 - Definitions and Chapter 158 Zoning Code, Article VII - Institutional Districts, Article VIII - Commercial Districts, Article IX - Industrial Districts, Article XI - Supplementary Use Regulations, Section 158.217 - Accessory Uses and Structures, Section 158.222 - Access Standards, Sidewalks, and Bike Paths, and Section 158.232 - Refuse Collection and Recycling Areas (P24-107).
body
Submitted By: Daniel Robinson, Planner III
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): The City is proposing a Text Amendment to Chapters 153 and 158 to add and refine definitions, update regulations for accessory structures, driveway standards, and refuse collection, and to provide for enclosed assembly use with alcohol beverage sales and enclosed assembly use without alcoholic beverage sales to provide improved customer service and increased transparency.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Council adopt the Ordinance as recommended by the Planning and Zoning Board.
Alternate Recommendations:
1. Move that the Council amend the recommendation and adopt the Ordinance.
2. Move that the Council deny the Ordinance and provide direction.
Background: Proposed amendment to Section 153.01 is to provide for better clarity of existing definitions and to add some needed additions of definitions. Proposed amendments to Sections 158.110, 158.110, 158,120, 158.122, 158.124 - 158.126, and 158.135 are to provide for enclosed assembly use with alcohol beverage sales and enclosed assembly use without alcoholic beverage sales. The proposed amendment to Section 158.217 is to provide further clarification of existing regulations and include some updates to meet current needs of the City.
Issues/Analysis: The need for the definitions amendments arises from the fact that current definitions are either absent or too vague, making it difficult for planners to provide clear explanations to applicants regarding the limitations of certain proposals and making it challenging to enforce the code. Weak definitions and unclear regulations also make it more difficult for staff to enforce the code. Some of these revisions to definitions are intended to provide clarity to assist customers and to assist staff, and some are the results of lessons learned over time. The proposed amendments also aim to clarify the language surrounding accessory uses and structures without adding new uses or removing any existing ones. Another key amendment introduces a new category for "Enclosed Assembly Use”, to differentiate between venues with alcoholic beverage sales and those without. The amendments also propose changes to Section 158.232, allowing applicants to request approval for specialized waste management systems, such as compactors, in defined and visually screened areas as part of the site plan review process. Finally, the amendments address townhouse driveway dimensional standards, which the code is silent on and, therefore, undefined.
Financial Information: N/A
Special Consideration: N/A
Location of Project: N/A
Attachments:
• Ordinance
• Exhibit A
• Exhibit B
• Exhibit C
• Exhibit D
• Exhibit E
• Staff report
• Staff presentation
• Summary of Exhibit A - Definitions Redline
• Via Memo on Proposed Ordinance
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 24309-09
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.