HomeMy WebLinkAboutCityDublin Comprehensive Zoning Ord Amndmt-Phase I
AGENDA STATE1VIENT
PLANNING COMMISSION STUDY Sl8:SSION: December 11, 2007
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City of Dublin Comprehensive Zoning Ordinance Amendment - Phase
I (Legislative) - Phase I of the Comprehensive Zoning Ordinance
Amendment includes Chapter 8.0.:1., Title Purpose, Authority and
Administration, Chapter 8.12, Zoning Districts and Permitted Uses of Land,
Chapter 8.16, Agricultural Zoning District, Chapter 8.20, Residential
Zoning Districts, Chapter 8.24 Commercial Zoning Districts, Chapter 8.28,
Industrial Zoning District, Chapter 8.34, Scarlett Court Overlay Zoning
District, Chapter 8.36, Historic Distrid Overlay Zoning District, Chapter
8.40, Development Regulations, Chapler 8.44, Performance Standards and
Chapter 8.46, Accessory Structures.
Report prepared by: Erica Fraser, Senior Planner
SUBJECT:
ATTACHMENTS:
1)
2)
3)
Existing (Adopted) Chapters of the Zoning Ordinance for Phase I;
Draft Chapters of the Zoning Ordinance for Phase I; and
Chapter 8.12, Zoning Districts and Permitted Uses of Land, with
Strikethrough and Underlined Text
BACKGROUND:
The City Council, as a high priority goal for Fiscal Year 2006/2007, requested Staff and the City Attorney to
work on a comprehensive update of the Municipal Code which include:; the Zoning Ordinance.
Due to the magnitude of the overall project, Staffhas created several phases for the comprehensive update
of the Zoning Ordinance. Phase I of the update is being reviewed by the Planning Commission tonight.
Each Phase will be reviewed by the Planning Commission during a Study Session. Staff will then bring
the final language to the Planning Commission during a Public Hearing where the Planning Commission
will make a recommendation to the City Council on the proposed amendments. Although the update has
been broken up into phases for the purpose of facilitating the review c,fthe changes, all of the amendments
will be enacted at the same time to ensure that there are no conflicts between the amendments.
The modifications to the Site Development Review Chapter (Chapter 8.104) are separate from the
comprehensive update. The Planning Commission reviewed the Site Development Review Chapter during
a Study Session on October 9, 2007. Staff anticipates bringing this Chapter back to the Planning
Commission for a second Study Session within the next month. Approval of the Site Development
Review Chapter is anticipated to occur in Winter of2008.
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COPIES TO: In House Distribution
File
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G:\Zoning Ord\Comprehensive Update\Phase I\PC SS Agenda Statement.DOC
ITEM NO.
PROJECT DESCRIPTION:
The following Chapters of the Zoning Ordinance are included in Phase I of the comprehensive Zoning
Ordinance Update:
. Chapter 8.04, Title Purpose, Authority and Administratior;
. Chapter 8.12, Zoning Districts and Permitted Uses ofLancl;
. Chapter 8.16, Agricultural Zoning District;
. Chapter 8.20, Residential Zoning Districts;
. Chapter 8.24 Commercial Zoning Districts;
. Chapter 8.28, Industrial Zoning District;
. Chapter 8.34, Scarlett Court Overlay Zoning District;
. Chapter 8.36, Historic District Overlay Zoning District;
. Chapter 8.40, Development Regulations;
. Chapter 8.44, Performance Standards; and
. Chapter 8.46, Accessory Structures.
The purpose of tonight's Study Session is to review the proposed changes to the Zoning Ordinance,
discuss the proposed changes and determine if any additional change:; should be made to these chapters of
the Zoning Ordinance.
ANALYSIS:
The current Zoning Ordinance contains a significant amount of information and it is currently necessary to
review several chapters to determine which regulations apply to a specific use or property. As a result, the
current Zoning Ordinance can be difficult to navigate.
The majority of the proposed changes have been made to ensure consistency throughout the Zoning
Ordinance, to clearly identify regulations and to ensure that the Zoning Ordinance is more user friendly for
residents, property owners, architects and Staff who use our Zoning Ordinance regularly.
Staffs discussion of the proposed modifications included as a part Jf Phase I, are described by Chapter
and discussed in further detail below. Due to the scope of the changes, Staff was unable to provide strike-
through language in the revised Chapters. The Draft Chapters with dl changes incorporated are included
as Attachment 2. All Chapters, at a minimum, have been refo:matted and edited for clarity and
consistency. Additionally, due to some of the proposed changes, SOffil~ chapters have been relocated within
the Zoning Ordinance (and the chapter number has been changed) to accommodate new or moved
chapters.
Chapter 8.04, Title Purpose, Authority and Administration
A new purpose statement has been added (8.04.020.1) to this Chapter, which requires projects to enhance
the appearance ofthe City.
Minor modifications to update references to State Law, Sections of the Zoning Ordinance or other
regulations have been updated throughout this Chapter.
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Chapter 8.128, Authority to Administer Title 8, has been combined with this Chapter because Chapter
8.128 includes provisions that are also discussed in Chapter 8.04. By combining the two Chapters and
locating the Chapters where appropriate (at the beginning of the Zoning Ordinance), this will provide
some understanding for the community of how the zoning process works and also limits confusion by
limiting the number of Chapters that discuss the same topic.
Chapter 8.12, Zoning Districts and Permitted Uses of Land
Staff is recommending that the M-P, Industrial Park Zoning District and M-2, Heavy Industrial Zoning
District, be removed from the Zoning Ordinance. At this time, no land within the City has been zoned M-
P or M-2 and Staff can find no Planned Development that references either of these districts. Additionally,
both districts allow similar uses to what is allowed in the M -1 Zoning District. As a clean-up item, Staff is
recommending that these two districts be removed from the Zoning Ordinance.
The existing Chapter divides each use into use types. These use types do not reference a term or land use
in the Zoning Ordinance and has led to some confusion by Staff whl~n looking for a particular use in this
Chapter. For clarity, Staff is recommending that the use type headings be removed and that the uses be
alphabetized in the Chapter for easier reference.
The titles of several of the uses identified in this Chapter have been modified for clarity and for
consistency with the revised Definitions Chapter (to be reviewed as a part of Phase ill of the update).
Staff has recommended changes to the reviewing body for several of the uses. These changes are shown in
strike-through text in the draft Chapter (Attachment 3) so that the proposed changes can be reviewed by
the Planning Commission. These changes have been made to reflecl existing practices in the City and to
limit the type of review required for minor Conditional Use Permits:o facilitate these projects and reduce
the length of time required to obtain a permit.
Section 8.12.060 has been included which discusses the Overlay Zoning Districts. This section was not
previously included and has been included so that users of the Zoning Ordinance are aware of how the
Zoning Ordinance applies to their property when located within 1 Planned Development or Overlay
Zoning District (such as the Historic District).
Zoning Districts -- General Modifications (Chapters 8.16-8.28)
The following Chapters (Chapters 8.16-8.28) have been signific:mtly reformatted. The reformatting
includes a new table which lists the development regulations for t:ach zoning district. Previously, this
information was contained in the specific Zoning District Chapter as well as the Development Regulations
Chapter. As a result the information related to a specific Zoning District is disjointed and difficult to find.
In order to make the Zoning Ordinance more reader friendly, the Zoning District Chapters have been
modified to include the necessary information that pertains to the Zoning District or includes references
on where the information can be found.
Chapter 8.16, Agricultural Zoning District
This Chapter has only been modified to reformat the Chapter as di~:cussed above. No other changes are
proposed.
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Chapter 8.20, Residential Zoning Districts
The "Lot Square Footage Per Dwelling Unit" minimum requirement has been removed from this Chapter
because this information is included on the Zoning Map (i.e. R-1.5,000, R-1-7,500) and each Zoning
District must follow these requirements.
The current Residential Chapter includes requirements for Transltional Housing (Section 8.20.040).
Because these requirements are similar to the requirements for Emergency Shelters (currently included in
the Industrial Zoning District Chapter), Staff is proposing to remove this from the Residential Chapter and
combine with the requirements for emergency shelters, to crelte a new chapter, Chapter 8.50,
Transitional Housing and Emergency Shelters. This chapter will be reviewed as part of Phase 1.
Legislation was recently passed by the State Legislature which aff,~cts City's regulation of transitional
housing. Staff is currently waiting for the State Department of Housing and Community Development to
create guidelines for Cities regarding transitional housing (anticipated to be completed in Winter of2008).
Once these guidelines are complete, Staff will be able to finalize the new Chapter 8.50 and will bring this
Chapter before the Planning Commission as a part of Phase II of the comprehensive update.
Chapter 8.24, Commercial Zoning Districts
This Chapter has only been modified to reformat the Chapter. No other changes are proposed.
Chapter 8.28, Industrial Zoning Districts
The purpose statements were slightly modified to include new language to ensure the protection of the
Light Industrial Zoning District.
Performance standards for all zoning districts were previously included in the Industrial Zoning Districts
chapter. Each Zoning District referenced the performance standards for the M-P Zoning District as also
applying to the individual zoning districts. For clarity and to make the Zoning Ordinance more reader
friendly, Staff has removed these performance standards from this Chapter and has created a new chapter,
Chapter 8.44, Performance Standards, which clearly identifies the performance standards for all zoning
districts. Each zoning district now clearly references this new chapttr. Chapter 8.44 is discussed in more
detail on page 5 of this Agenda Statement.
This Chapter also currently includes requirements for emergenc:, shelters. As discussed under the
Residential Chapter discussion, this information will be included in a new chapter, Chapter 8.50,
Transitional Housing and Emergency Shelters, which will be reviewed by the Planning Commission at a
later date.
As previously discussed, Staff is recommending that the M-P and M.2 Zoning Districts be removed since
these zoning districts are not currently used in the City.
Chapter 8.34, Scarlett Court Overlay Zoning District
This Chapter has only been modified to reformat the Chapter so thlt the Chapter is consistent with the
changes that are being made throughout the Zoning Ordinance.
Chapter 8.36, Historic District Overlay Zoning District
This Chapter has been modified to reformat the chapter so that the chapter is consistent with the changes
that are being made throughout the Zoning Ordinance. The title of che Chapter has been modified from
Historic District Overlay Zoning District Site Development Review to remove the Site Development
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Review portion of the title for consistency with the remainder of the zoning ordinance. Additionally, this
Chapter has been moved from its current location so that it will Je located next to the other zoning
districts for clarity.
Chapter 8.44, Development Regulations
This Chapter has been significantly modified to remove development regulations which are specific to the
zoning which are now included in each of the zoning districts. Additionally, this Chapter currently
includes a number of sections which define terms and are referenced as a definition in other Chapters (i.e.
Yards). These terms are better suited to be included in the Definiticns Chapter and have been moved to
the Definitions Chapter where the community would typically expect these terms to be identified and
where it is more appropriately located.
Chapter 8.44, Performance Standards
As previously discussed, the provisions of this Chapter were previously located in the Industrial Zoning
District Chapter. For clarity, Staff is recommending that these standards be moved out of the Industrial
Zoning Districts Chapter into a new Chapter solely dedicated to perJormance standards. By doing so, the
performance standards are more clear and will also clearly show that each of these standards apply
throughout the City.
The standards have been modified to specifically require the screening of exterior equipment (Section
8.44.120.K) in all zoning districts. Currently, the Zoning Ordinance does not require these items to be
screened which has led to some difficulty in requiring the screening of exterior equipment. By including
this section in the Zoning Ordinance, the requirement for screening will be explicit.
Additionally, Staff has included performance standards for mobile :md manufactured homes. State Law
currently requires that Cities allow mobile and manufactured home~; by right where conventional single
family dwellings are permitted by right (this means that the City cannot require a discretionary permit, i.e.,
SDR, for the installation of these types of dwellings). This means tha: a resident could choose to construct
a mobile or manufactured home on a residential parcel with a Building Permit. In order to ensure that
impacts related to this type of housing would be limited, and as authorized by statute, Staff has included
some requirements for these homes to ensure compatibility with the neighborhood (see Section
8.44.120.L). Staff would be able to ensure compliance with these requirements when reviewing a Building
Permit for these types of structures.
Chapter 8.46, Accessory Structures and Uses
This Chapter has been significantly reformatted for clarity. Additiomlly, items which were defined as an
accessory use, but were in fact standards for accessory structures have been moved to the accessory
structure portion of the Chapter.
Modular trailers have been included in the list of prohibited structures, except where permitted by means
of a Temporary Use Permit (Section 8.46.040).
Recently, Staff has been faced with a number of businesses who wi~h to include uses in their businesses
which are considered to be accessory to the principal use. As these accessory uses have grown over time,
the Zoning Ordinance does not clearly define when the use is no longer accessory. Staff is recommending
that accessory uses be limited to no more than 30 percent of the total floor area (see Section 8.46.080.C of
the draft Chapter) to ensure that such accessory uses are in fact accessory to a principle use.
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As office rental rates continue to increase, Staff has observed that tte amount of office space in the M-1
Light Industrial District has grown. The M -1 Zoning District is intended to be an incubator space which
provides necessary land for businesses which need smaller tenant spaces and large open areas for
warehouses or research and manufacturing space. Recently, Staff has observed a number of businesses
which have moved into the M-1 Zoning District as a permitted use which have converted their space to
largely office uses (Staff has observed tenant spaces converted with up to 75 percent of the space
dedicated for offices) with a small warehouse in the back. The Zonirg Ordinance currently does not limit
the amount of office space in a tenant space. As a result, areas which typically have minimal impacts have
seen an increase in the number of people working, traffic and parking demands. Additionally, as these
spaces are converted to office uses, the land area dedicated to light industrial uses has been decreasing. In
order to protect the limited amount of light industrial zoned land within the City, Staff has included
Section 8.46.080.H.7 which limits the amount of office space in this zoning district to a maximum of 30
percent of the total floor area of the business.
CONCLUSION:
Staff is recommending a significant number of modifications to the existing Zoning Ordinance to improve
the clarity of the Zoning Ordinance, ensure its effectiveness, ensure that the Zoning Ordinance is
consistent with current practices and to create a more user friendly Ordinance which will benefit Staff as
well as the community.
RECOMMENDATION:
Staff recommends that the Planning Commission provide Staff with direction/comments on the proposed
modifications to the Zoning Ordinance and identify any additional mc,difications that should be made.
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