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HomeMy WebLinkAbout12/05/2014 - Planning And Zoning Board - Agenda - Work SessionPlanning & Zoning Board Work Session Agenda Friday, December 5, 2014 281 N. College Ave – Conference Room A Web users: Documents for the Consent and Discussion items shown below can be found online under the December 11, 2014, Hearing agenda. 12:00 – 5:00pm Consent: 1.) P&Z Hearing Minutes – November 13, 2014 Discussion: 2.) Capstone Cottages – Structure Plan Amendment/Rezoning (Wray) Board Topics: None Policy and Legislation: • Approved Development Comparison (Frickey) • Conditional Rezoning Process (Shepard) 1 MEMORANDUM TO: Planning and Zoning Board THROUGH: Laurie Kadrich, C.D.N.S. Director Cameron Gloss, Planning Manager FROM: Ted Shepard, Chief Planner DATE: November 24, 2014 RE: West Central Area Plan – Land Use and Character – Conditional Rezoning One of the ideas that has been generated by outreach efforts associated with the West Central Area Plan is the concept of invoking Section 2.9.4(I) of the Land Use Code – Rezoning: Condition of Approval. Generally, this process allows the rezoning of a parcel to be conditioned. The City Council, upon recommendation of the Planning and Zoning Board, has the power, upon rezoning of any property, to impose reasonable conditions relating to use for the purpose of preserving and promoting the public health, safety and welfare of the inhabitants of the city and the public generally, and to encourage and facilitate the orderly development of the city. Conditional rezoning shall not be utilized to authorize uses not allowed in the underlying zone district. The Conditional Rezoning process was added to the City’s Zoning Code in 1979. The process is further clarified by the following (excerpt from the 1979 Zoning Code): • The City Council, upon recommendation of the Planning and Zoning Board, shall have the power, upon the zoning or rezoning of any property in any of the several zoning districts of the city, to impose reasonable conditions relating to use for the purpose of preserving and promoting the public health, safety and welfare of the in- habitants of the city and the public generally, and to encourage and facilitate the orderly development of the city. Conditional zoning shall not be utilized to authorize uses not allowed in the underlying zone district. • Parcels upon which conditions have been placed pursuant to this Section shall be identified in lower case letters on the Zoning District Map which is on file in the City Clerk's office. 1 2 • Such conditions shall be deemed to run with the land and shall not be affected by changes in the ownership of the property and shall remain in force and effect until such time as they are re- pealed or otherwise modified by the City Council. • Once a condition has been imposed pursuant to this Section, no building permit shall be issued for any development, remodeling or redevelopment which is inconsistent with the condition imposed. • If a condition imposed by this Section is not complied with, no certificate of occupancy shall be issued for the subject property. • If the subject property is utilized for purposes in conflict with the conditions imposed, such use shall be regarded as a violation of the zoning ordinance and the prohibition enforced pursuant to Section 2.14 of the Land Use Code. 1. Land Use Code - Relationship Between Article Four – Zone Districts and Article Three – General Development Standards: Article Four divides the city into 26 zone districts. Each district contains a list of permitted uses. Most, but not all, zones also contain specific development standards that pertain only to the individual zone. Article Three contains the General Development Standards that are applied on a city- wide basis across all zones. (Where there is a conflict between standards, usually Article Four prevails because these standards are considered more geographically specific.) The discussion about implementing Conditional Rezoning introduces the concept of up- zoning a parcel of land but, at the same time, conditioning this up-zoning so as to allow only those permitted uses that are most suitable for the parcel given the context of the surrounding area. 2. Hypothetical Example – Parcel along an Arterial Street – Zoned R-L, Low Density Residential: Let’s assume there is a parcel along an arterial street bordered, or in close proximity to, an existing neighborhood, also zoned R-L. This parcel may be vacant or relatively undeveloped. A Conditional Rezoning would seek to up-zone the parcel to L-M-N, Low Density Mixed-Use Neighborhood, but then exclude those uses that would otherwise be permitted by right but are considered to be potentially incompatible with the existing neighborhood. 2 3 In this hypothetical example, Staff sees the Conditional Rezoning process as primarily an exercise in selecting the appropriate uses permitted in the L-M-N, the next zone district in ascending order of land usage. This is the fundamental aspect of Article Four. A land use analysis, with collaborative engagement with the land owner and neighborhood, is the key element in a proposed Conditional Rezoning. While various design attributes of land development and building construction are also important, these details are better addressed as an Article Three exercise that reviews and evaluates all aspects of a detailed and specific Project Development Plan. 3. Hypothetical Example – Article Four - Land Use: For this hypothetical parcel, we have assumed it is located along an arterial street and is either bounded by or influenced by an existing neighborhood zoned R-L. The arterial street would normally pull the potential future land uses towards light commercial or mixed-use. The existing neighborhood, however, would pull the future land uses toward residential. Recognizing this dichotomy, Staff could recommend the following permitted uses in the L-M-N as being appropriate for Conditional Rezoning for this particular site: The following permitted uses would be subject to administrative review: • Accessory buildings • Accessory uses • Urban agriculture • Neighborhood parks (as defined by Parks and Recreation Policy Plan) • Shelters for victims of domestic violence for up to 15 residents • Single family detached dwellings • Two-family dwellings • Single family attached dwellings ( townhomes each on its own lot) • Multi-family dwellings, limited to a maximum of 8 units per building, and containing 50 dwelling units or less and 75 bedrooms or less • Group homes for up to 8 developmentally disabled or elderly persons • Places of Worship with a maximum building footprint of 25,000 square feet • Minor public facilities • Parks, recreation and other open lands except neighborhood parks as defined by the Parks and Recreation Policy Plan • Neighborhood support/recreational facilities The following L-M-N permitted uses would be permitted subject to Planning and Zoning Board review: • Mixed-use dwellings • Bed and breakfast establishments with six or fewer beds • Adult day/respite care centers 3 4 • Neighborhood centers consisting of at least two of the following uses: mixed- use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/ recreation facilities; schools; child care centers; limited indoor recreation establishments; open-air farmers markets; and places of worship or assembly. It is noteworthy that the L-M-N zone permitted use list includes Type One Neighborhood Center (less intense uses) and the Type Two Neighborhood Center (more intense uses). Staff recommends that the Type One Neighborhood Center, as listed above, be considered as a permitted use yet also subject to Planning and Zoning Board review as part of the Conditional Rezoning. The following L-M-N permitted uses could be considered for exclusion by the Conditional Rezoning: • Extra occupancy rental houses with four or more tenants • Public and private schools for college, university, vocational and technical education • Cemeteries • Community facilities • Mobile home parks • Group homes containing more than 8 developmentally disabled or elderly persons • Multi-family dwellings containing more than 8 units per building, or more than 50 dwelling units, or more than 75 bedrooms. • Golf courses • Long-term care facilities • Places of worship or assembly with a building footprint which exceeds 25,000 square feet • Neighborhood centers consisting of one (1) or more of the following uses: standard and fast food restaurants (without drive-in or drive-through facilities); artisan and photography studios and galleries; or convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; provided that such use or uses are combined with at least one other use allowed in the neighborhood center as defined above. • Offices, financial services, clinics and artisan and photography studios and galleries which are not part of a neighborhood center. The purpose of this exercise is to show the various permutations available to the affected parties under a Conditional Rezoning scenario. 4 5 4. Article Four - Prohibition of Uses and Addition of Permitted use: All uses that are not expressly allowed by the Conditional Rezoning, or determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 shall be prohibited. Section 1.3.4 refers to the Addition of Permitted Use process which acts as a zoning system relief valve in the event that a future land use not currently contemplated or permitted by the Conditional Rezoning and may be considered as appropriate for the parcel. The exact nature of the relationship between the Conditional Rezoning and the Addition of Permitted Use needs further discussion and could involve consideration of two options: Option One – prohibit the Addition of Permitted Use process; or Option Two – allow the Addition of Permitted Use because of the safeguards offered by both the review process and criteria by that would govern. 5. Article Four – Density (L-M-N Example): The L-M-N zone (Article Four) includes a development standard that for parcels that are less than 20 acres, the minimum required density must be at least 3.00 dwelling units per net acre. At the other end of the spectrum, the maximum allowable density must not exceed 9.00 dwelling units per gross acre. For a potential Conditional Rezoning, staff suggests that there is no issue in achieving the minimum required density. The maximum allowable density, however, may need consideration. On a community-wide basis, the L-M-N density maximum of 9.00 dwelling units per acre is intended to achieve a variety of housing types on a broad scale that ranges over several neighborhoods. An example would be the Mountain Vista area. Because the upper end of the density range was intended to address residential development at the neighborhood scale, reducing the maximum allowable density on an individual parcel basis may be appropriate. Assigning the property maximum density would be made based on an analysis of the parcel’s context and proximity to and the character of the adjacent neighborhoods. 6. Article Four – Height (L-M-N Example): Article Four, L-M-N zone district, caps the maximum allowable height for residential structures containing eight or less dwelling units at 2.5 stories. This maximum allows for reasonable approach to designing buildings for a variety of housing types that are attractive and yet versatile and able to accommodate an interesting mix of roof forms. This flexibility helps avoid repetition. For this hypothetical example, Staff would recommend that this existing standard in the L-M-N zone remain as the governing standard and that a Conditional Rezoning not adjust this allowance in a prescriptive manner. 5 6 It is important to note that compatibility standards in Article Three would allow for a lower height to be imposed along a property line that adjoins the existing neighborhood and yet still allow for the maximum along the arterial. There are no other pertinent Article Four L-M-N development standards that would be applicable to the list of proposed uses. All remaining development standards are found in Article Three. 7. Article Three – General Development Standards: As conceived, a request for a Conditional Rezoning would precede a submittal of a P.D.P. and would have to be in place by an Ordinance before any consideration of a P.D.P. at a public hearing. The parameters of a Conditional Rezoning would be restricted to the land uses and development standards contained in Article Four only. All General Development Standards of Article Three would be applied at the P.D.P. stage downstream of a Conditional Rezoning process. Standards addressing neighborhood compatibility, access, building orientation, architecture, landscaping and the like, need the benefit of a full P.D.P. submittal in order to be thoroughly evaluated. While an applicant’s potential P.D.P. would help inform the discussion, General Development standards are best left to the P.D.P. process. 8. Predictability and Flexibility: One of the fundamental aspects of dividing the City into 26 zone districts is to establish a sense of predictability on how parcels could develop or redevelop in the future. As with any regulatory system, however, there needs to be some degree of providing flexibility within this regulatory framework to account for changing conditions. This flexibility is provided for by virtue of the existing rezoning process per Section 2.9. This is not unusual. All zoning codes feature a rezoning process. In our hypothetical example, the flexibility allowed under a rezoning process would be accompanied by the predictability offered by conditioning the permitted uses to only those uses deemed suitable for the parcel. Staff envisions a discussion about using the Conditional Rezoning process as taking place among the ownership, neighborhood groups and Planning Services. This process is offered at a defined point within the regulatory framework and must be acted on by both the Planning and Zoning Board and City Council. This balanced approach may become more useful as future development gravitates towards infill and redevelopment versus developing large tracts of land on the City’s edge. City Plan encourages the efficient use of land with existing services rather than costly extensions of infrastructure. With all infill parcels, however, there will be challenges in achieving neighborhood compatibility. Conditional Rezoning may help all affected parties find context sensitive solutions that result in higher quality projects. 6 7 Conclusion: There are merits to balancing predictability with flexibility by use of the Conditional Rezoning process. This process has been a part of our regulatory system since 1979. Between 1981 and 1997 (with a three-year phase-out to 2000), the Conditional Rezoning process was seldom used due to the flexibility offered by the Land Development Guidance System. Between 1997 to present this process was not used primarily due to the City being rezoned in 1997 and the expanding of the Addition of a Permitted Use process in 2008. A Rezoning to a more varied zone district would allow all the uses permitted in the zone which has lower degree of predictability. An Addition of a Permitted use would allow only one or two additional new uses to be permitted which offers a higher degree of predictability. A Conditional Rezoning would fall in between the two and represent a balanced approach as a regulatory tool that is already in the toolbox. 7 8