Agenda

Back to Calendar Return

6.A.

Planning & Zoning Commission

Meeting Date:	09/28/2022
Submitted By:	Emily Delgado, Planning Manager

GENERAL INFORMATION:

As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City staff amend, change, or modify text in any portion of the UDC to establish and maintain stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals, and/or State and Federal regulations.

The proposed UDC amendments include modifications to the following Articles and Subsections:

Article 5, Section 21.5.11- Specific Use Permit (SUP); to remove the requirement for an accompanying Site Plan application
Article 9, Section 21.9.7- Landscaping; to modify the regulations for landscaping for commercial and multi-family development to allow developers to be able to select two of the approximately 11 requirements they do not have to meet.
Article 10, Section 21.10.4- Schedule of off-street parking requirements; to modify the parking ratio requirement for Multifamily, Duplex, Two-Family, Condominium Or Other Similar Use

Background: At the August 24, 2022, Planning and Zoning Commission Meeting staff requested that the Commission postpone the item to the next Planning and Zoning Commission Meeting. At the September 14, 2022 Planning and Zoning Commission meeting there was a public hearing and discussion on the proposed UDC amendments. At the end of the discussion the Planning and Zoning Commissioners requested to take no action, and for staff to bring this item back as a workshop / discusssion at the next meeting.

PROPOSED AMENDMENTS

Staff is proposing modifications to the following UDC Articles and Sections:

UDC Section	Current Requirements	Proposed Amendment
Article 5, Section 21.5.11 Specific Use Permit (SUP); specifically subsection B.2:	Accompanying Applications. An application for a Specific Use Permit shall be accompanied by a Site Plan prepared in accordance with section 21.12.14. Approval of a Site Plan as part of a Specific Use Permit shall meet the requirements for Site Plan approval under section 21.12.14.	Proposing to remove this subsection in its entirety and no longer require a site plan application for a Specific Use Permit application.
Article 5, Section 21.5.11 Specific Use Permit (SUP); specifically subsection D.8:	The proposed use and associated Site Plan promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City;	The proposed use is to promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City;
Article 9, Section 21.9.7 Landscaping	Currently commercial and multifamily projects have approximately 11 requirements for landscaping that have to be met (excluding size and species requirements).	This amendment allows developers to select two of those provisions they do not have to meet.
Article 10, Section 21.10.4 Schedule of off-street parking requirements; specifically for "Multifamily, Duplex, Two-Family, Condominium Or Other Similar Use"	1.5 spaces per 1 bedroom unit 2 spaces per 2 bedroom unit 2.5 spaces per 3+ bedroom unit Plus additional guest parking provided at a ratio of 5% of required spaces	1.5 spaces for 1-2 bedroom units 2 spaces for 3+ bedroom units Plus additional guest parking provided at a ratio of 5% of required spaces

STAFF ANALYSIS AND RECOMMENDATION:

Staff is proposing to remove the requirement for an applicant to submit a Site Plan application with a Specific Use Permit due to the time and cost investment for the applicant this requirement causes. By removing the Site Plan application requirement it will allow a property owner the ability to submit for a Specific Use Permit to see if their desired land use would be allowed by City Council without having to go through full design and engineering at risk. If the Specific Use Permit were to be approved by City Council, the applicant would then be required to follow the standard development process to include the Site Plan to ensure compliance with all City regulations.

It is not uncommon for specific site constraints to make it difficult for developers to meet every landscaping requirement for commercial and multi-family sites. This might be due to a significant number of easements across the front of the property or an oddly shaped lot making it difficult to provide all of the trees or operational issues making landscaping islands a problem. This change allows developers to select two of the approximately 11 requirements (exclusive of size and species requirements) that they do not have to be met. This is part of a push to provide greater flexibility.

The last proposal included within this UDC Amendment is to modify the current parking ratio for "Multifamily, Duplex, Two-Family, Condominium or Other Similar Use". The proposed UDC text would decrease the requirements for 2 bedroom and 3+ bedroom units. This proposal is to provide more flexibility for developers and to decrease the overall parking areas that would be required. No other modifications to the Schedule of Off-Street Parking Requirements table are proposed at this time.

Staff recommends approval of the amendments to the Unified Development Code (UDC) for the indicated subsections within Article 5, 9, and 10 as presented.

COMMISSIONERS CRITERIA FOR CONSIDERATION:

The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D:

1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;
2. An amendment to the text is consistent with other policies of this UDC and the City;
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
4. Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.

Attachments
Proposed UDC Amendment- Article 5 Section 21.5.11 SUP- Red Lines
Proposed UDC Amendment- Article 10 Section 21.10.4 Parking Ratio- Red Lines