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HomeMy WebLinkAbout8.2 Zoning Ordinance Amendment 09-001AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: May 26, 2009 SUBJECT: ZOA 09-001: Zoning Ordinance Amendment (Legislative) - Amendment to the Sign Regulations and the Permit Procedures Chapters (Chapter 8.84 and Chapter 8.96) of the Zoning Ordinance to be effective for a one-year period, and amendment to the Site Development Review Chapter (Chapter 8.104) of the Zoning Ordinance. Report prepared by Erica Fraser, Senior Planner ATTACHMENTS: 1) Resolution recommending City Council approval of amendments to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures of Title 8 (Zoning Ordinance) of the Dublin Municipal Code for a one-year period, with draft City Council Ordinance attached as Exhibit A. 2) Resolution recommending City Council approval of amendments to Chapter 8.104, Site Development Review of Title 8 (Zoning Ordinance) of the Dublin Municipal Code, with the draft City Council Ordinance attached as Exhibit A. 3) May 5, 2009 City Council Agenda Statement (without attachments). 4) Chapter 8.84, Sign Regulations (existing). 5) Chapter 8.104, Site Development Review (existing). 6) Previous Chapter 8.104, Site Development Review (prior to July 2008). RECOMMENDATION: 1) Receive the Staff presentation; 2) Open Public Hearing; 3) Take testimony from the Public: 4) Close Public Hearing and deliberate; 5) Adopt a Resolution recommending City Council approval of amendments to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures of Title 8 (Zoning Ordinance) of the Dublin Municipal Code for a one-year period, with draft City Council Ordinance attached as Exhibit A; and 6) a) Adopt a Resolution recommending City Council approval of amendments to Chapter 5.104, Site Development Review of Title 8 (Zoning Ordinance) of the Dublin Municipal Code, with the draft City Counci I Ordinance attached as Exhibit A or b) Adopt a modified Resolution as directed by the Planning Commission. COPIES TO: File Page 1 of 8 ITEM NO. Ot ;? _ G:\Zoning Ord\SDR Update 2009\PC 5-26\PC Staff Report for ZOA Amend.doc BACKGROUND: At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to provide a stimulus to the business community and property owners during the current economic climate. The Planning Division has identified several alternatives to streamline the entitlement process for development applications and to promote businesses in Dublin. These alternatives included temporary modifications, for a two-year period, related to the display of Promotional Banners and Balloons, and the extension of the effective period of permits and permanent modifications related to th,-1 hearing body and type of review for minor projects. On May 5, 2009, Staff presented these alternatives to the City Council for discussion (Attachment 3). The City Council unanimously agreed with Staff's recommendations regarding the proposed permanent modifications to Chapter 8.104, Site Development Review (these modifications are discussed on pages 2- 3 of Attachment 3) and the temporary modification to Chapter 8.96 (page 3-4 of Attachment 3). The City Council had considerable discussion regarding the proposed temporary modifications to the Sign Ordinance related to Temporary Promotional Banners and Balloons Gages 4-5 of Attachment 3). The City Council ultimately decided to move forward with Staff's recommendations regarding Promotional Banners, however, the City Council decided the proposed modifications should only be in effect for one year (and requested that Staff bring this item back for discussion in one year). The City Council decided not to make any changes regarding Temporary Promotional Balloons. The City Council directed Staff to bring a draft Ordinance to the Planning Commission, modifying Chapters 8.84, 8.96 and 8.104, for their recommendation to City Council. These proposed Zoning Ordinance amendments include modifications to the Site Development Review Chapter (Chapter 8.104) regarding the level of review required for- projects, modifications to the Sign Regulations Chapter (Chapter 8.84) to facilitate the use of Banner Signs and modifications to the Permit Procedures Chapter (Chapter 8.96) to increase the effective period of Permits. ANALYSIS: The proposed modifications to the Zoning Ordinance are discussed below. Temporary Modifications to the Zoning Ordinance Sign Regulations (Chapter 8.84) Temporary Promotional Banners are regulated by the Sign Regulations Chapter of the Zoning Ordinance (Chapter 8.84). The Sign Regulations allow for the display of Promotional Banners which advertise special events, sales and promotional needs, excluding apartments Promotional Banners are currently required to adhere to the regulations in Section 8.84.050.S of the Zoning Ordinance (Attachment 4). Several temporary modifications are proposed to provide some relief from the current regulations in order to expand the advertising opportunities available to businesses. The Zoning Ordinance currently regulates the time frame in which a Banner may be displayed, the waiting period between Banner displays and the size of Promotional Banners. Staff proposes to modify these Regulations in order to promote businesses in Dublin. The proposed modifications would increase the number of days Banners are allowed to be displayed, reduce the waiting period between Banner displays Page 2 of 8 and modify the size requirements. The following table illustrates the existing and proposed Regulations for Temporary Promotional Banners. Table 1: Temporary Promotional Banners - Existing and Proposed Regulations Existing Regulation Proposed Regulation Display Period Maximum of 15 consecutive calendar days Maximum of 21 consecutive calendar days Waiting Period 30 days 21 days Size Maximum of 30" tall x 24' long 60 square feet By increasing the time a Banner may be installed on a property and decreasing the waiting period in between Banners, businesses will be allowed additional days throughout the year in which they can advertise special events and sales happening at their location. The maximum size for Promotional Banners is proposed be changed to 60 square feet, which is the maximum overall size currently allowed; however, by utilizing a maximum overall size rather than a maximum height and length, businesses will have more flexibility to design their Banner to suit their needs. The proposed Regulations would be effective for a period of one year. Prior to the expiration of the amendments, Staff will bring the Ordinance back to the City Council for discussion. The City Council will then determine if they want to allow the amendments to remain in effect for an additional period of time or if they would like the Ordinance to expire. Once the Ordinance has expired, the Zoning Ordinance will revert back to the current Regulations (Attachment 4). The proposed amendment is included on Page 6 of Exhibit A to Attachment 1. Permit Procedures (Chapter 8.96) The proposed amendment to the Permit Procedures Chapter (Chapter 8.96) of the Zoning Ordinance is also a temporary amendment. Section 8.96.010.D of the Zoning Ordinance establishes the length of time a permit is valid and currently states that "construction or use sha [l commence within one (1) year of permit approval, or the permit shall lapse and become null and void." The Zoning Ordinance allows Applicants to apply for one 6-month extension prior to expiration of a permit (typically this is for Conditional Use Permits and Site Development Review). Today's economic climate has made it difficult for Developers to obtain financing prior to expiration of their permits. Additionally, some Developers would like to begin the Planning process but have expressed concerns that the economic climate may not be right for them to begin construction prior to expiration of their permits. In order to assist Developers and to encourage Developers to stay in the Planning process, a temporary modification to Section 8.96.010.D is proposed to extend the effective period for Planning Permits, please refer to the table below for the existing Regulation and proposed modification. This modification would be retroactive to extend the approvals of existing, valid permits. Page 3 of 8 Table 2: Permit Expiration - Existing and Proposed Regulations Existing Regulation Proposed Regulation Permit Expiration (typically Site 1 year from permit 2 years from permit Development Review and approval approval Conditional Use Permit) Permit Extension 6 Months 6 Months Prior to the expiration of the amendments to the Sign Regulations and Permit Procedures Chapters of the Zoning Ordinance, Staff will bring the Ordinance back to the Cil:y Council for discussion. The City Council will then determine if they want to adopt an Ordinance allowing the modifications to continue or if they would like the Ordinance to expire. Once the Ordinance has expired, the Zoning Ordinance will revert back to the current regulations The proposed amendment is included on Page 3 of Exhibit A to Attachment 1. Permanent Modifications to the Zoning Ordinance Site Development Review (Chapter 8.104) On June 17, 2008, the City Council adopted an Ordinance amending the Site Development Review Chapter (Chapter 8.104) of the Zoning Ordinance to improve the clarity of the Chapter, to ensure its effectiveness and to ensure that the Site Development Review Chapter was consistent with current practices. The amended Site Development Review Chapter has been in effect for approximately 11 months. As part of the City's effort to assist business owners through the current economic climate, several additional changes are proposed to the Site Development Review Chapter (Chapter 8.104) of the Zoning Ordinance. The proposed amendments would reduce the time and costs associated with obtaining Planning approval for minor projects. Modifications are proposed to the regulations for accessory structures, additions to principal structures and the reviewing body for fagade modifications and are discussed in more detail below. The discussion includes a comparison of the current regulations, the regulations that were in effect prior to the 2008 Amendment, and the proposed Amendments. Accessory Structures - Multi-Family, Commercial and Industrial The Site Development Review Chapter establishes the level of review (Site Development Review Waiver or Site Development Review) that is required for accessory structures in the Single-Family, and the Multi- Family, Commercial, and Industrial Zoning Districts. The level of review is based on the size of the accessory structure. A Site Development Review requires notification of property owners and tenants within 300 feet of the project site, can take up to one month to proceEs, and the cost is based on Staff time and materials associated with the review of the project. A Site Development Review Waiver does not require notification of property owners, has a flat fee of $250 and i3 typically processed in one to three business days. Page 4 of 8 The following table illustrates the regulations that were in effect prior to the 2008 Amendment, the existing regulations, and Staffs proposed modifications to the regulations for accessory structures in the Multi-Family, Commercial, and Industrial Zoning Districts. Table 3: Accessory Structure Regulations - Multi-Family, Commercial and Industrial Zoning Districts Required Permit Type Previous Regulations (Prior to July 2008) Existing Regulations Proposed Regulations Accessory Structures As determined by the <120 square feet Site Development Community Accessory Structures or Review Waiver Development Director < 120 square feet - Accessory Structures that are not visible from the street Site Development As determined by the Accessory Structures Review Community Accessory Structures that are visible from the (by Community Development Director > 120 square feet street and > 120 square Development Director feet For example, if these modifications are enacted, if Orchard Supply wanted to construct a 1,000 square feet accessory structure at the rear of there store (which is not visible from the street), the accessory structure would be reviewed pursuant to a Site Development Review Waiver. If Orchard Supply wanted to construct a 1,000 square foot accessory structure at the front of the store (which would be visible from the street) the accessory structure would be reviewed pursuant to a Site Development Review. Accessory Structures which are not visible from the street are not typically controversial projects and do not typically have significant impacts. By decreasing the level of review required for minor accessory structures and accessory structures which are not visible from the strc et, this amendment would reduce the permitting burden on property owners. As an alternative, the Planning Commission may recommend that the Site Development Review Chapter allow the Community Development Director to determine the level of review, similar to what was done prior to July 2008 (when the current Site Development Review Chapter took effect). This would allow flexibility by allowing the Community Development Director to recluce the level of review required for accessory structures which the Director determines to be minor in nature. Accessory Structures - Residential The following table illustrates the regulations for accessory structures in the Single-Family Residential Zoning District that were in effect prior to the 2008 Amendment, the existing regulations, and Staff s proposed modifications to the regulations. Page 5 of 8 Table 4: Accessory Structures Regulations - Single Family Residential Zoning Districts Required Permit Previous Regulations Existing Regulations Proposed Regulations Type (Prior to July 2008) Site Development No permit required for No permit required for Review Accessory Structures that Accessory Structures Accessory Structures that (by Community comply with the > 120 square feet comply with the Development Director Development Regulations Development Regulations Single-family residential accessory structures are required to comply with the existing development regulations in the Zoning Ordinance. The development regulations establish the maximum size, height, and setback for accessory structures. Single-family residential accessory structures that do not comply with the development regulations require approval of a Site Development Review. Site Development Review would no longer be required for single-family residential accessory structures that are greater than 120 square feet provided that they comply with the development reg ilations for accessory structures. The proposed modifications are consistent with the regulations in place prior to the 2008 Amendment. The proposed modifications are shown on pages 3 and 4 of Exhibit A, to Attachment 2. Multi-Family, Commercial and Industrial Additions The Site Development Review Chapter of the Zoning Ordinance establishes the reviewing body for additions to the principal structure in the Multi-Family, Commercial and Industrial Zoning Districts and Planned Development Zoning Districts with similar uses. Staff is proposing a modification to the types of additions that can be reviewed by the Community Development Director. The following table illustrates the regulations that were in effect prior to the 2008 Amendment, the existing regulations, and proposed regulations with respect to additions. Table 5: Regulation of Additions to Principal Structures - Multi-Family, Commercial and Industrial Zoning Districts Required Permit Previous Regulations Existing Regulation Proposed Regulation Type (Prior to July 2008) Site Development As determined by the Review Waiver Community Development -- -- Director Additions < 1,000 square Site Development Additions < 1,000 square feet in size or <15% of the Review As determined by the feet in size or <1 _? /o of the building floor area (by Community Community Development building floor area (whichever is greater) Development Director (whichever is greater). or Director) Any addition which is not visible from the street Site Development As determined by the Additions > 1,000 square Additions that are visible Review (by Planning Community Development feet in size or >1 5% of the building floor area from the street and > 1,000 square feet in size or >15% Commission Review) Director (whichever is greater). of the building floor area Page 6 of 8 Typically, additions which are less than 1,000 square feet in size or are not visible from the street do not have significant impacts. By allowing Staff to review these types of additions, Applicants will save time and money while trying to improve their property. For example, if Lowe's wanted to construct a 2,000 square foot addition to their store which was visible from the street, the addition would be less than 15% of the overall floor area of the building (total building size is 139,410 square feet), this addition would be reviewed by the Community Development Director. If Lowe's wanted to construct a 21,000 square foot addition, this addition would be larger than 15% of the floor area of the building and would be visible from the street and therefore would be reviewed by the Planning Commission. As an alternative, the Planning Commission may recommend that the Site Development Review Chapter allow the Community Development Director to determine the level of review, similar to what was done prior to July 2008 (when the current Site Development Review Chapter took effect). This would allow flexibility by allowing the Community Development Director to reduce the level of review required for additions which the Director determines to be minor in nature. The modifications are shown on pages 4 and 6 of Exhibit A to Attachment 2. Fagade Modifications The current Site Development Review Chapter of the Zoning Ordinance divides fagade modifications into two categories: Major and Minor (Sections 8.104.040.A.13 and 8.104.040.C.3). The Site Development Review for Minor Facade Modifications are reviewed by the Community Development Director and the Site Development Review for Major Facade Modifications are reviewed by the Planning Commission. The Community Development Director determines which types of fagade improvements are Major and which are Minor. In order to reduce the burden on the Applicant and encourage property owners to improve their properties, Staff is recommending that the Site Development Review for all i agade remodels be reviewed by the Community Development Director. This would be consistent with the procedures that were in place prior to the Zoning Ordinance update approved in 2008. Prior to issuing a decision on fagade modifications, the Community Development Director would send out a notice to all tenants and property owners within 300 feet of the project site and would also notify the Planning Commission and City Council of the proposed project. The Community Development Director can transfer hearing jurisdiction on a project at any time to the Planning Commission, should a proposal be controversial. The following table illustrates the pre 2008 Amendment, existing, and proposed reviewing body for fagade modifications. Page 7 of 8 Table 6: Fagade Modifications Existing and Proposed Regulations Required Permit Type Previous Regulations (Prior to July 2008) Existing Regulation Proposed Regulation Site Development Review (by Community All Fagade Remodels Minor Facade Remodel All Fagade Remodels Development Director Site Development Major Facade Review (by Planning None Remodel None Commission) The modifications are shown on page 6 of Exhibit A to Attachment 2. CONCLUSION: Several modifications are proposed to be made to the Zoning Ordinance in order to improve its effectiveness and to provide temporary relief from some of the provisions of the Zoning Ordinance during the current economic climate. The proposed temporary modifications to the Sign Ordinance will expand advertising options available to businesses. By reducing the level of review required for some projects in Chapter 8.104, Site Development Review, the City will encourage continual improvement of properties by making the process easier for minor projects and will also reduce the amount of money spent by Applicants due to a reduction in Staff time spent on a project. All of the proposed modifications are aimed at assisting property owners and businesses in the City and to help ease them through these difficult times. Should the Planning Commission determine that the type of review required for accessory structures and additions by determined by the Community Development Director, Staff will revise the draft Ordinance (Site Development Review Chapter) to reflect this modification. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive the Staff presentation; 2) Open Public Hearing; 3) Take testimony from the Public; 4) Close Public flearing and deliberate; 5) Adopt a Resolution recommending City Council approval of amendments to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures of Title 8 (Zoning Ordinance) of the Dublin Municipal Code for a one- year period, with draft City Council Ordinance attached as Exhibit A; and 6) a) Adopt a Resolution recommending City Council approval of amendments to Chapter ,3.104, Site Development Review of Title 8 (Zoning Ordinance) of the Dublin Municipal Code, with the draft City Council Ordinance attached as Exhibit A of b) Adopt a modified Resolution as directed by the Planning Commission. Page 8 of 8