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HomeMy WebLinkAbout07/24/1985 - Workshop Minutes City Council MINUTES WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JULY 24, 1985 4:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: STUDENT GOVT. LIAISON: VISITORS PRESENT: Mayor Pro-tem Runnels, Councilmen Boughton, Brown, Tongco Mayor Halter, Councilmen Bond, McIlhaney City Manager Bardell, Assistant City Manager VanDever, City Attorney Locke, Director of Capital Improvements Ash, Director of Planning Mayo, City Secre- tary Jones, Assistant Director of Plan- ning Callaway, Zoning Official Kee, City Engineer Pullen, Planning Techni- cian Volk, Council Coordinator Jones Hachtman See guest register. The meeting was called to order with Mayor Pro-tem Runnels pre- siding. A~enda Item No. 1 - Joint discussion with Plannin~ and Zonin~ Commission: Draft Zonin~ Ordinance. Members of the Planning and Zoning Commission present at the meeting were Celia Stallings, Mark Paulson and Dan MacGilvray. Director of Planning Mayo presented the item. He stated that most of the proposed changes in the ordinance were directed at improving definitions and wording in the text in order to remedy the problems that have been encountered in trying to interpret and use the ordinance. He noted that Section 9 relating to park- ing requirements was completely rewritten in order to provide greater clarification. Mayor Pro-tem Runnels suggested that an index be included in the ordinance to help in locating topics. Councilman Tongco expressed her concern with Section V concerning newly annexed territory. She requested some explanation of the section requiring a developer to discontinue construction activi- ty within a newly annexed area without first applying for and ob- taining the appropriate permits or other approvals required by city ordinance. 005127 WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JULY 24, 1985 PAGE 2 City Attorney Locke stated that construction of a project can be halted if it is not complete and in operation at the time of an- nexation. Councilman Tongco asked if there were any legal problems concern- ing that procedure. City Attorney Locke replied negatively. After further discussion, Mayor Pro-tem Runnels suggested that Director of Planning Mayo review the document and highlight the proposed revisions. He noted that Lowell Denton, a previous City Attorney, had distributed a memorandum indicating that a study of the zoning ordinance was to be initiated. He questioned whether the proposed revisions resulted from that study. Director of Planning Mayo replied affirmatively. He proceeded with a review of the proposed document and explained the proposed additions of a Northgate Commercial District C-NG and Commercial Planned Unit Development District C-P.U.D. He stated that addi- tional definitions were included, which attempt to address some legal problems that have been encountered in the past. Commissioner MacGilvray referred to the definition of ~ome Occu- pations, section (d) and questioned whether individuals having a home occupation which is not delineated must make application to the city for a conditional use permit. Assistant Director of Planning Callaway explained the process that usually takes place when an individual is considering start- ing a home occupation. Zoning Official Kee stated that if an in- dividual has a home occupation in operation prior to approval of this ordinance it would be considered a non-conforming use. Commissioner MacGilvray stated that the definition for One Ow~er- ship is confusing. Planning Technician Volk noted that the words "as to such parcels" should be deleted from the definition. Commissioner Paulson asked what is the purpose for the definition for Building Plot or Premises. City Attorney Locke explained that a definition for Building Plot and Premises is included in order that the perimeters of the building plot are accessible during construction. Councilman Runnels suggested that a definition for density be in- cluded in the proposed ordinance. Director of Planning Mayo con- curred that a definition of gross density would be advantageous. nn5128 WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JULY 24, 1985 PAGE 3 Councilman Brown referred to the definition for Townhouse and asked what term is used to describe a group of attached dwelling units exceeding twelve units. Director of Planning Mayo stated that usually when there are more than twelve dwelling units the structure will exceed 204 feet, which is prohibited under the Fire Code. Commissioner MacGilvray asked a question concerning the appeals process for decisions concerning newly annexed territory. City Attorney Locke explained the appeals process. Zoning Official Kee explained the changes made in Section 6. NON-CONFORMING USES. She stated that in the current zoning ordinance references to non-conforming uses and how they are dealt with are made in various sections. She further stated that in the proposed ordinance these items have been consolidated into a separate section to make all the information concerning non- conforming uses more readily accessible. She noted that the most substantial change in Section 6. concerns the length of time al- lowed for discontinued use or abandonment before the presumption of intent to abandon shall have been established, which was changed from twelve (12) to three (3) months. Councilman Tongco questioned how a non-conforming use is handled if there is change in ownership. City Attorney Locke stated that the use would remain non-conforming if the location were marketed with the intention of maintaining the non-conforming use. Mayor Pro-tem Runnels questioned the desirability of organizing the Zoning Districts in alphabetical order to make it easier for the casual user to locate information. Commissioner MacGilvray suggested that each Zoning District begin on a new page. Director of Planning Mayo stated that the proposed organization of the document is typical of most zoning ordinances. Zoning Official Kee suggested that a table of contents be in- cluded in the document. Mayor Pro-tem Runnels concurred with the suggestion. There was concurrence on the part of the Council and Planning and Zoning Commission that each Zoning District should begin on a new page. Director of Planning Mayo noted that on page 7-7, under District C-N Neighborhood Business, C. Special Restrictions, section (c) was added in order to limit the size of the C-N District to two WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JULY 24, 1985 PAGE 4 acres to maintain its compatibility with surrounding zoning dis- tricts. Mayor Pro-rem Runnels stated that the current State Legislature redefined mobile homes as distinct from manufactured housing and questioned if that change is reflected in the proposed document. Assistant Director of Planning Callaway noted that the references to modular homes have been deleted from the proposed document. After further discussion of the Neighborhood Business District C-N, Assistant Director of Planning Callaway explained changes made in Section 7.19 DISTRI~ P-U-D PLAN]~F~) UNIT DE~ELOPME~ concerning the Land Use Intensity Ratios. Mayor Pro-tem Runnels referred to the "Land Use Intensity Ratios Chart" and questioned if the floor area ratio (FAR) is based on gross land area. As- sistant Director of Planning Callaway replied affirmatively and noted that the word "gross" would be added to the definition of FAR on the chart. Commissioner MacGilvray questioned why the metes and bounds des- cription of the Sheraton site is included in the proposed docu- ment on page 7-15. Director of Planning Mayo explained the rea- sons for including the legal description in the document. Councilman Brown asked if the term "financial institutions" on page 7-8 and the word "bank" on page 7-9 are interchangeable. Assistant Director of Planning Callaway replied affirmatively and explained that since the C-1 District is cumulative and allows A-P and C-3 the word "bank" can be deleted from the C-1 District, with some clarification that "bank" is included in the definition of "financial institutions" under the A-P District. City Manager Bardell pointed out a problem that the city has en- countered for a number of years with the minimal parking require- ments established for Single-Family Residential District R-1. He noted that it is almost impossible for emergency vehicles to tra- verse a twenty-eight foot residential street when there are vehi- cles parked on both sides of the street. He stated that the city has addressed the parking problems in multi-family areas, but has been overlooking the problem in the R-1 District. After further discussion, Director of Planning Mayo stated that on page 8-5, section 8.17 Temporary Sales Offices and Model ~omes:, was added to allow the activity in the Single Family Res- idential R-1 District. He pointed out that a time limit for this activity has been included. nO51. O WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JULY 24, 1985 PAGE 5 Commissioner Paulson stated his opinion that the minimum width of twenty-three feet (23') for circulation aisles between or adjacent to head-in (90 degrees) parking spaces is inadequate and suggested that the minimum width be established at twenty-four feet (24'). Director of Planning Mayo replied that the width of twenty-three feet (23') is workable. Commissioner MacGilvray questioned why the minimum off-street parking requirements are different for restaurants serving alco- hol than those for restaurants not serving alcohol. Director of Planning Mayo explained that restaurants serving al- cohol require more parking because their patrons spend more time in the establishment. He explained the footnote included on page 9-6 concerning the location of restaurants in shopping centers. Zoning Official Kee explained the proposed changes in Section 11.6 ~OMPLETION AND EXtEnSION dealing with landscaping require- ments. She noted that the revision provides a four month exten- sion period from the date of the Certificate of Occupancy upon the approval of an application for extension with a bond or let- ter of credit in the amount of five (5) times the required number of landscape points for the project and if the required landscap- ing is not completed by the end of the four month period the bond is forfeited. She further noted that the applicant will still be required to put in the landscaping. Commissioner MacGilvray asked a question concerning the amount of bond that would be required. Zoning Official Kee stated that the amount of bond required would be five (5) times in dollars of an amount that is equal to the number of landscape points required and noted that clarification of that requirement would be added to the proposed document. She explained that the bond is a pen- alty that the developer forfeits if the required landscaping is not completed within the four month period. Commissioner MacGilvray noted that "buffering" is used quite of- ten by the Planning and Zoning Commission as an argument in zon- ing decisions. He questioned what validity this argument has and if there is written documentation to support it. Director of Planning Mayo stated that the city's Comprehensive Plan - Plan 2000 references "buffering" and is used to support it as an argument in zoning decisions. City Attorney Locke con- curred with the statement. WORKSHOP CITY COUNCIL MEETING WEDNESDAY, JULY 24, 1985 PAGE 6 After further discussion, Director of Planning Mayo stated that the changes suggested will be incorporated in the proposed ordinance and copies will be made available to the public. He noted that the next step in the adoption process will involve a series of public hearings in front of both the Planning and Zoning Commission and the City Council. He questioned whether there is a need for any additional workshop meetings to discuss the proposed ordinance. The members of the Planning and Zoning Commission and the City Council concurred that no additional workshop meetings would be necessary and directed the staff to begin scheduling public hear- ings to consider the proposed ordinance. Agenda Item No. 2 - Adjourn. Mayor Pro-tem Runnels adjourned the meeting at 5:50 P.M. Dian Jo~City Secretary Robert C. Runnels, Mayor Pro-tem n05t 2