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HomeMy WebLinkAbout8.2 Attmt 3 CC Agenda Stmt 05-05-2009 wo AttmtsoFDUB?r CITY CLERK File # ?[+0®-© i2 82 Q5O -G-/1 1 ` V AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 5, 2009 SUBJECT: NEW BUSINESS: Proposed Modifications to the Zoning Ordinance designed to provide a stimulus to Businesses and Property Owners in the City during the current economic climate. Report Prepared by Erica Fraser, Senior Planner ATTACHMENTS: 1) June 17, 2008 City Council Agenda Statement (without Attachments). 2) Matrix showing proposed changes. RECOMMENDATION: 1) Receive Staff presentation; Df' 2) Receive public comment; and 3) Provide Staff with direction. FINANCIAL STATEMENT: If the proposed changes are enacted, the City would lose approximately $11,650.00 related to permit fees for Temporary Promotional Signs and Balloon Signs (approximately $5,825.00 a year for two years). However, the increased use of temporary signs could increase sales and generate additional sales tax revenue to offset the loss of permit fees for Temporary Promotional Signs and Balloon Signs. PROJECT DESCRIPTION: At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to provide a stimulus to business community 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 include modifications to Chapter 8.104, Site Development Review, regarding the level of review required for projects and modifications to Chapter 8.84, Sign Regulations, to facilitate the use of banner signs and balloon signs. The proposed modifications to the sign regulations include: a temporary elimination of fees for promotional banners and balloons and other minor modifications to the Sign Ordinance. -----------------------------------------------------------------------•-------------------------------------- COPY TO: Page 1 of 6 ITEM NO. C:IZoning OrdISDR Update 20091 CC 4-71SR 4-7- ZO Modifications.DOC Attachment 3 ANALYSIS: The following modifications are proposed in order to provide a stimulus to businesses and property owners in the City: Site Development Review Chapter On June 17, 2008, the City Council adopted an Ordinance ameriding the Site Development Review Chapter of the Zoning Ordinance (Chapter 8.104) to improve the clarity of the Chapter, ensure its effectiveness and ensure that the Site Development Review Chapter is consistent with current practices (June 17, 2008 Agenda Statement included as Attachment 1). The new Site Development Review Chapter has been in effect for 8 months. The revised Chapter reduced the level of review required for several projects, but also increased the level of review for major projects. For example, under the previous Site Development Review Chapter, the Community Development Director was charged with reviewing most improvements in the City. The 2008 update requires new principal structures and major facade remodels to be reviewed by the Planning Commission, rather than by the Community Development Director. As part of the City's effort to assist business owners through the current economic climate, Staff has identified several changes that could be made in order to reduce the time and costs associated with obtaining Planning approval for minor projects. Staff is recommending that these changes be permanently made to the Site Development Review Chapter. Accessory Structures All Accessory Structures which are over 120 square feet currently require a Site Development Review which requires notification of property owners and tenants within 301 feet of the project site, and can take up to one month to process. Staff recommends that all multi-family, commercial and industrial accessory structures, which are less than 120 square feet in size or are not visible from the right-of-way, be reviewed pursuant to a Site Development Review Waiver which is typically processed in three days. Accessory Structures in a single-family residential zoning district would no longer require a Site Development Review. Multi-Family, Commercial and Industrial Additions Staff is recommending that all additions to a principal structure which are not visible from the right-of- way and all additions which are less than 1,000 square feet or 151/c, of the floor area of the building be reviewed at Staff level. Typically these types of additions 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. FaVade Modifications The current Site Development Review Chapter divides facade modifications into two categories: major and minor. Minor facade modifications are reviewed by the Community Development Director and major facade modifications are reviewed by the Planning Commission. The Community Development Director determines which types of facade improvements are major and which are minor. In the previous Site Development Review Chapter, the Community Development Director was given the authority to approve all facade improvements. Prior to issuing a decision on facade 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. In order to reduce the burden on the Applicant and encourage property owners to improve their properties during the current economic climate, Staff is recommending that r all facade remodels once again be 2 of 6 reviewed by the Community Development Director. The Community Development Director can transfer hearing jurisdiction on a project at any time to the Planning Commission, should a proposal be controversial. Residential Additions The revised Site Development Review Chapter, adopted in 2008, requires property owners to obtain a Site Development Review for all residential additions over 500 square feet in size (Section 8.104.040.A.7). Since the enactment of this Chapter, Staff has only received 3 requests for Site Development Review for residential additions. Staff typically provided minimal comments ;ind was able to notice the additions within 10 days of receipt of a project. A Site Development Review for a room addition allows Staff to review the proposal and notify neighbors within 300 feet of the project site of the proposed addition, and also allows them to make comments or review plans prior to the Community Development Director making a decision on the project. However, Site Development Review adds an additional step that homeowners must go through in order to improve their properly and can discourage people from improving their property. Because additions did not require review under the previous Site Development Review Chapter, Staff is asking for direction from the City Council on whether or not to continue to require review of room additions over 500 square feet in size. Permit Expiration Section 8.96.010.1) of the Zoning Ordinance states that "construction or use shall commence within one (1) year of Permit approval, or the Permit shall lapse and become mill 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 ol3tain 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, Staff is recommending that the City Council enact a temporary modification to Section 8.96.010.1) to allow Site Development Review and Conditional Use Permits to remain in effect for 2 years rather than the current 1 year. The permit holder would also have an option of applying for one 6-month extension at the end of the permit term. Staff recommends that this modification be retroactive to extend the approvals of existing, valid permits. The proposed modifications would be repealed automatically 2 years following the effective date of the ordinance or the City Council could choose to extend the effective period should conditions warrant it. Section 8.96.010.1) is recommended to be revised as shown below End to be enacted for a period of two years: Permit Expiration. Construction or use shall commence Mrithin two (2) years one (1) year of Permit approval, or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval, or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. Where a Conditional of Approval 3 of 6 states that a permit will e>pire within one year, this Sec.ion shall override the Condition of Approval Temporary Promotional Signs Staff has recommended several changes to the Sign Regulation:; Chapter of the Zoning Ordinance (C'hapter 8.84), to provide some relief from the current regulations in order to expand the advertising opportunities available to businesses;. Staff is recommending that these regulations be enacted for a period of two years. The City Council can also choose to extend this periol prior to the expiration if conditions warrant it. Following the two year period, the amendments would. expire and the existing regulations would then apply. Staff is recommending that the Cite Council consider enacting the :ollowing temporary modifications to the sign regulations (each change is discussed in further detail below : • Allow temporary Promotional Banners to remain up for a maximum of 21 consecutive days with a 21 consecutive day waiting renod between permits; • Allow Promotional Banners to be a maximum of 60 square feet in size; • Allow businesses to cluster a maximum of 7 balloons which are less than 15 inches in diameter; and • Allow balloons which are larger than 15 inches in diameter tc be located on-site for a maximum of 30 days p,,-r calendar year. Promotional Banners Chapter 8.84, Sign Regulations, of the Zoning Ordinance currently allows Promotional Banners (a banner which advertises special events, sales or promotional needs) to be displayed for a maximum period of 15 consecutive days. A business owner is then prevented from displaying another promotional banner for 30 days after a promotional banner is removed. Promotional banners are limited in size to a maximum of 30 inches tall x 24 feet long (60 square feet). In order to allow businesses to keep Promotional Banners up for a longer period of time to maximize their advertising efforts, Typical Promotional Banner Staff is recommending that Banners be allowed to remain up for a maximum period of 21 days (an increase of one week). Staff is also recommending that the waiting period between Banners be reduce; from 30 days to 21 days. 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 happening at their location. Banners are currently limited in size to a maximum of 30 inches in h.-fight x 24 feet in length. All Banners must fit within these size limitations. Staff is recommending that the maximum size 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 Zeight and length, businesses will have more flexibility to design their banner to suit their needs. 4 of 6 Staff is also recommending that the City Council waive the norm rl application fee of $25.00. Last year, the Planning Division processed 153 permits for 202 Banners which resulted in application fees of $5,050.00 ($25 fee per sign x 202 signs=$5,050.00). By eliminatin; this fee for the next two years, it will allow the City to encourage businesses to continue to promote their businesses, while still requiring a permit to ensure that businesses are following the requirements )f the Zoning Ordinance and to track requests for Barmers. - Balloons t Thy: Zoning Ordinance currently all )ws businesses to display Promotional Balloons (greater than 15 inches in liameter) for a maximum period of 21 days per year. Staff is recommending that the City Council increase the nurlber of days Balloons may be displayed on a site for a maximum of 30 days per year (an increase of nine days). Additionally, Staff is recommending that the City Council waive the $25.00 permit fee for Pro motional Balloons. Last year, the Planning Division issued 31 permits for Promotional Balloons which resulted in revenues of $775.00 ($25 permit fee x 31 permits=$775). Section 8.84.150.B of the Zoning Ordinance allows businesses to display small balloons (no more than 15" inches in diameter) at their business. Staff's interpretation of this section of the Zoning Ordinance only allows b zsinesses to display a maximum of 1 balloon rather than a cluster of balloons bccause these clusters would be larger than 15" in diameter when measured together. An example of a balloon cluster is shown on the right. In order to allow businesses to clustc r several balloons, rather than or e, for more effective advertising, Staff is recommending that the City Council modify this section of the Zoning Ordinance to allow up to seven balloons to bo clustered. No permit would be required. There would be no limitations on the number of clustered balloons that may be displayed on a site. CONCLUSION: Staff is recommending several modif cations to the Zoning Ordinance in order to improve its effectiveness and to provide temporary relief from some of the provisions of the 2,oning Ordinance during the current economic climate. By reducing the level of review required for so ne 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 alsc reduce the amount of money sp,,nt by Applicants due to a reduction in Staff time spent on a project. The proposed temporary modification; to the Sign Ordinance will expand advertising options available to businesses. 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. NEXT STEPS: Based on direction received from the City Council at tonight's hearing, Staff will prepare a Draft Ordinance which incorporates all of the modifications discussed toni;,ht. Staff will then bring the Draft Ordinance to the Planning Commission during a Public Hearing for their recommendation to the City Uncil. Staff will then bring the Ordinance to the City Council during; a Public Hearing for action. Staff ariticipates that the Draft Ordinance will be reviewed by the Planning Commission in June 2009 and the City Council will be able to act on the ordinance in July 2009. 5 of 6 RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive public comment; and 3) Provide Staff with direction. 6 of 6