Item 26: Amending City's Development Code

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COSM_Admin

Administrator
Staff member
Receive a staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2021-47, amending various sections of the City’s development code, to among other things, address typographical and technical errors, and implement changes related to site permit requirements, detention, stormwater quality and stream protection, residential garage and pedestrian access requirements, building activation, the use of self -storage and outdoor storage, the Employment Center Zoning District, allowable uses in CD-2.5, ND-3.2, and the Land Use Matrix, providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date; and consider approval Ordinance 2021-47, on the first of two readings.
 

JHughson

CoSM Members
#10/11 Outdoor Storage use
“Clarifies that outdoor storage is not a primary use”
Section 5.1.3.2. Accessory Uses
B. Outdoor Storage
1. Defined. The keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than 24 hours. Outdoor storage shall be accessory to a primary use and is not permitted as a primary use.
This may mislead someone who doesn’t keep reading to 5.1.7.7 that allows outdoor self storage. May we place a reference here to 5.1.7.7?

5.1.3.2 Accessory Uses
B. Outdoor Storage
2 Use Standards
b. All outdoor storage shall be no taller than the primary building height;
Which part of the Primary building is being measured for the height? Recall there were questions about what determines building height during the Lindsey Hill discussion? Need to be specific.

Land Use Matrix 5.1.1.2
Why is Outdoor Storage changed from L to P in LI and Commercial? Can we do a Conditional Use here, too?

#12/13 5.1.7.7 Self Storage
B 5 The City Council may in accordance with Section 2.8.3.1 approve a Conditional Use Permit for the use of self storage.
Land Use Matrix 5.1.1.2
Why is Self Storage deleted from HC LI HI? I see from your responses in May that this is on purpose, but why?
I really like Shannon’s good idea of having it a Conditional Use. Why not everywhere?

Section 4.5.2.1 Historic District
N
Demolition by Neglect
Why do we limit ourselves to only one per quarter as in 2 below. I see that's it's due to the time consuming nature, but if we have more than one need, why wouldn't we do what we need to do to need to handle it?
2. Due to the time consuming nature of pursuing enforcement under this section, no more than one property will be under consideration during each of the following quarters (January- March, April-June, July-September, and October- December).

3. The procedure for citing a property for Demolition by Neglect ...
b. Once the initial identification is made, followed by a preliminary determination by the Responsible Official, the property owner shall be notified by US mail
should this be certified or registered?

#17 Add the Administrative Certificate of Appropriateness process to Table 2.1.

2.5.6.1 is only Regulating Plans. What is an example of the Administrative Certificate of Appropriateness?
 

COSM_Admin

Administrator
Staff member
Response provided by Shannon Mattingly, Director of Planning:

#10/11 Outdoor Storage use

“Clarifies that outdoor storage is not a primary use”
Section 5.1.3.2. Accessory Uses
B. Outdoor Storage
1. Defined. The keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than 24 hours. Outdoor storage shall be accessory to a primary use and is not permitted as a primary use.
This may mislead someone who doesn’t keep reading to 5.1.7.7 that allows outdoor self storage. May we place a reference here to 5.1.7.7?

Yes, we can revise Section 5.1.3.2.B.1. to state:
  • “Defined. The keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than 24 hours. Outdoor storage shall be accessory to a primary use and is not permitted as a primary use. The use of “outdoor self-storage” is defined in Section 5.1.7.7.

  • 5.1.3.2 Accessory Uses
    B. Outdoor Storage
    2 Use Standards
    b. All outdoor storage shall be no taller than the primary building height;
    Which part of the Primary building is being measured for the height? Recall there were questions about what determines building height during the Lindsey Hill discussion? Need to be specific.
When measuring building height for this section, the definition of building in Section 4.3.4.1 shall be use which states that it is measured from the average grade to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof. There are a few other relevant definitions and exhibits which demonstrate building height in this section.


Land Use Matrix 5.1.1.2
Why is Outdoor Storage changed from L to P in LI and Commercial? Can we do a Conditional Use here, too?

On page 9 of 28, in section 5.1.3.2.B.3, we removed the concept of "limited” standards (screening) and made screening just a general standard for all outdoor storage. We did this to ensure that screening standards apply to ALL outdoor storage, not just those that were designated as “Limited”. To do this, we also needed to change references of "L" outdoor storage to "P" in the Land Use Matrix. In summary, removing the concept of “Limited” to “Permitted” enhanced the requirements for outdoor storage.

#12/13 5.1.7.7 Self Storage

B 5 The City Council may in accordance with Section 2.8.3.1 approve a Conditional Use Permit for the use of self storage.
Land Use Matrix 5.1.1.2
Why is Self Storage deleted from HC LI HI? I see from your responses in May that this is on purpose, but why?
I really like Shannon’s good idea of having it a Conditional Use. Why not everywhere?

Staff is proposing that if a property owner would like to propose the use of “self-storage” they would need to rezone to EC and receive a Conditional Use Permit so that staff, Planning Commission, and City Council can determine whether the location is suitable or add necessary conditions. The reason for this was to provide Council more guarantee and expectation about which district this use could be proposed. If Council chooses, the use could be allowed in other zoning districts with a CUP as well.

Section 4.5.2.1 Historic District
N
Demolition by Neglect
Why do we limit ourselves to only one per quarter as in 2 below. I see that's it's due to the time consuming nature, but if we have more than one need, why wouldn't we do what we need to do to need to handle it?
2. Due to the time consuming nature of pursuing enforcement under this section, no more than one property will be under consideration during each of the following quarters (January- March, April-June, July-September, and October- December).
This was adopted as part of the Code in 2018. It was due to the amount of time it takes to go through the full process of enforcement on demolition for neglect, even with this requirement in the code if we had a property that needed to be addressed we would start the process. At Council’s direction we can always make a change to this section. We could state that property will be considered as needed based on enforcement processes.

3.
The procedure for citing a property for Demolition by Neglect ...
b. Once the initial identification is made, followed by a preliminary determination by the Responsible Official, the property owner shall be notified by US mail.
should this be certified or registered?

I believe the intent of this is for staff to send “certified” mail. Staff can amend this section to state “the property owner shall be notified by US certified mail” at Council’s request.

#17 Add the Administrative Certificate of Appropriateness process to Table 2.1.

2.5.6.1 is only Regulating Plans. What is an example of the Administrative Certificate of Appropriateness?

Section 2.5.6.1 is regarding Administrative Certificates of Appropriateness. An Administrative Certificate of Appropriateness is required for the painting of structures located within the Downtown Historic District.
 
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