Loading...
HomeMy WebLinkAboutPZ Item 11 - Zoning Ordinance AmendmentsPi Z ITEM # l/ MEMO TO: PLANNING AND ZONING COMMISSION FROM: H. T. (TOMMY) HARDY, DIRECTOR DEVELOPMENT SERVICES MICHAEL HAMPTON, PLANNER II MEETING DATE: JUNE 18, 2002 SUBJECT: AMENDMENT TO SECTION 23, LIMITED BUSINESS DISTRICT, SECTION 24, NEIGHBORHOOD COMMERCIAL DISTRICT, SECTION 25, COMMUNITY COMMERCIAL DISTRICT, SECTION 26, HIGHWAY COMMERCIAL DISTRICT, SECTION 27, PROFESSIONAL OFFICE DISTRICT, SECTION 31, LIGHT INDUSTRIAL DISTRICT AND SECTION 32, BUSINESS PARK DISTRICT, RELATIVE TO ONE FLOOR LEVEL HEIGHT LIMITATIONS WHEN ADJACENT TO RESIDENTIAL RECOMMENDATION: Staff recommends the Planning and Zoning Commission consider the attached amendment to Section 23, Limited Business District, Section 24, Neighborhood Commercial District, Section 25, Community Commercial District, Section 26, Highway Commercial District, Section 27, Professional Office District, Section 31, Light Industrial District and Section 32, Business Park District, and if necessary authorize Staff to set a public hearing date for the amendment. BACKGROUND: The zoning ordinance limits development within the above referenced districts to one floor level and a specified height when such development is proposed adjacent to a residential zoning district. The intention for this requirement has always been to limit these developments to one floor level; however, as written, the ordinance has proven to be misleading. For instance, the "CC" Community Commercial District specifies that structures adjacent to single-family residential districts "...shall not exceed one (1) floor level or twenty-five (25) feet in height." The use of the word 'or' has led some to believe that a second floor or loft can be incorporated into the structure as long as the structure is twenty-five feet in height or less. Replacing the word 'or' with the word 'and' should clarify that the floor level and height limitations are applied cumulatively. Staff has drafted an amendment to Section 23.1, Limited Business District, Section 24.1, Neighborhood Commercial District, Section 25.1, Community Commercial District, Section 26.1, Highway Commercial District, Section 27.1, Professional Office District, Section 31.1, Light Industrial District and Section 32.1, Business Park District to clarify that development adjacent to residential districts shall not exceed one floor level and a specified height. /mh \\C H D N \D ATA2\C O M M D EV\ZC U\AM 02-04.4. d oc June 6, 2002 (8:27AM) DRAFT - 05/28/02 Sec. 23 — Limited Business District feet which shall be utilized a s a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks in accordance with Section 53 of this Ordinance. 4. SIDE YARDS: Every lot shall have two side yards, each of which shall be not less than ten (10) feet in width. 5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five (25) feet in depth. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. H. BUFFER AREA REGULATIONS: Whenever an LB District abuts a residential district, a wall, fence, or berm at least six (6) feet in height shall be erected to effectively screen the LB District from the residential area. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to the height of such building or structure. I. HEIGHT: 1 No principal structure shall be erected or altered to a height exceeding two (2) stories or twenty-five (25) feet except buildings located adjacent to an R- 20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) floor level of And twenty (20) feet in height. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. J LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with 112001 4 Section 23 DRAFT - 05/28/02 Sec. 24 — Neighborhood Commercial District detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. H. BUFFER AREA REGULATIONS: Whenever any C -N District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Sections 24(M)4., and 53 of this Ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to one and one-half (1-1/2) times the height of such building or structure. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding thirty (30) feet except buildings located adjacent to an R-20, R-12.5, or R-7.5 Residential district shall not exceed one (1) floor level GF and twenty-five (25) feet in height. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provisions of Section 57 and 58 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the C -N District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 112001 A Section 24 DRAFT - 05/28/02 Sec. 25 — Community Commercial District lot. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or accessory buildings on the same lot shall be not less than forty (40) feet. I H. BUFFER AREA REGULATIONS: Whenever a CC District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 53 and 25-(M)4 of this Ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to two (2) times the height of any building or structure. I. HEIGHT: 1 No principal structure shall be erected or altered to a height exceeding fifty (50) feet. Principal structures located contiguous to an existing R-20, R-12.5, or R-7.5 Residential district shall not exceed one (1) floor level (3+ and twenty-five (25) feet in height, however an increase up to five (5) feet to this requirement may be granted upon approval of a conditional use request by the City Council. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provision of Section 57 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the C -C District: 1 Outdoor storage and refuse, disposal shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding 041701 6 Section 25 J HEIGHT: Sec. 26 — Highway Commercial District 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty-five (35) feet. Principal structures located adjacent to an R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor level Gf and twenty (20) feet in height, however an increase up to five (5) feet to this requirement may be granted upon approval of a conditional use request by the City Council. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Section 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provisions of Section 57 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the HC District: 1. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed, and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. Whenever an HC Highway Commercial District is adjacent to any residentially zoned district, a buffer strip, at least twenty (20) feet in width shall be provided between the two (2) districts. A wall, fence, or berm shall be erected to effectively screen the HC District from the residential area and no streets, alley, vehicular storage area or use shall be permitted in the required buffer strip. 031902 8 Section 26 DRAFT - 05/28/02 Sec. 27 — Professional Office District 3. FRONT YARD: Every lot shall have a front yard of not less than twenty-five (25) feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any buildings, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks. 4. SIDE YARDS: Every lot shall have two (2) side yards, each of which shall be not less than ten (10) feet in width. 5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five (25) feet in depth. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. H. BUFFER AREA REGULATIONS: Whenever a P -O District abuts a Residential District, an appropriate buffer screen shall be provided in accordance with the provisions of Section 53 of this ordinance. In addition, no building or structure shall nmCKY1 be located nearer to any residentially zoned property than a distance equal to two (2) times the height of such building or structure or twenty-five (25) feet, whichever is greater. I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty (30) feet. Principal structures located contiguous to a R- 20, R-12.5, or R-7.5 District shall not exceed one (1) floor level er and twenty (20) feet in height, however an increase up to five (5) feet to the above stated height requirements may be granted upon approval of a conditional use permit by the City Council. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Section 56 and 58 and shall be landscaped in accordance with .,.,: 041602 4 Section 27 DRAFT - 05/28102 Sec. 31 — Light Industrial District 6. DISTANCE BETWEEN BUILDINGS - The minimum distance between buildings or structures on adjacent lots shall be not less than thirty (30) feet. H. BUFFER AREA REGULATIONS: Whenever the LI Light Industrial District abuts a residentially zoned district, a landscaped buffer zone of not less than twenty-five (25) feet in depth shall be provided from the lot line. No buildings or structures, parking, loading or storage shall occur in the buffer area and such area shall be landscaped to provide visual and acoustical privacy to adjacent property. Screening shall be provided in accordance with the provisions of Section 50 of this Ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to one and one-half (1-1/2) times the height of any building or structure. I. HEIGHT: No principal structure shall be erected or altered to a height exceeding fifty (50) feet. Principal structures located contiguous to an existing R-20, R-12.5 or R- 7.5 Single Family District shall not exceed one (1) story Gf and thirty-five (35) feet in height, however an increase up to five (5) feet to the above stated height requirements may be granted upon approval of a conditional use request by the City Council. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with Sections 56 and 58 of this Ordinance. L. OFF-STREET LOADING: No off-street loading is required in the LI Light Industrial District. If off-street loading is desired, it shall be provided in accordance with the following provisions as well as the provisions of Section 57 and 58 of this ordinance. 1. Planter islands, nine (9) feet by eighteen (18) feet in dimension, shall be provided at the terminus of all rows of loading doors/loading spaces. Such islands shall be oriented perpendicular to the building and shall contain at least two (2) evergreen trees. All planter islands shall comply with the requirements of Section 531 and Section 53.G of this Zoning Ordinance. 2. For lots that abut a major or minor arterial street, as identified on the Thoroughfare Plan, no loading facilities shall directly face the street. A door is considered to be facing the street when it is at an angle of 45' or less in relation to the adjacent street. 041701 7 Section 31 DRAFT - 05128/02 Sec. 32 — Business Park District Parks permitted as a conditional use shall meet the requirements of Section 32.N.1. 5. REAR YARD: Every lot shall have a rear yard of not less than twenty five (25) feet in depth. Planned Business Parks permitted as a conditional use shall meet the requirements of Section 32.N.1. 6. DISTANCE BETWEEN BUILDINGS: None Required. H. BUFFER AREA REGULATIONS: Whenever a BP Business Park District abuts a Residential District, an appropriate buffer screen shall be provided in accordance with the provisions of Section 53 and Section 32.M.5. of this Ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance of one hundred (100) feet. Any use other than open space or off-street parking proposed to be located within the one hundred (100) foot buffer shall be permitted as a conditional use meeting the requirements of Section 48. HEIGHT: 1 No principal structure shall be erected or altered to a height exceeding fifty (50) feet. Principal structures located adjacent to an R-20, R- 12.5, or R-7.5 District shall not exceed one (1) floor level of and twenty (20) feet in height, however an increase up to five (5) feet to the above stated height requirements may be granted upon approval of a conditional use request by the City Council. 2. For buildings or structures exceeding fifty (50) feet, a Conditional Use Permit must be obtained. In addition, the building height granted under a conditional use permit shall not exceed one-half (1/2) the shortest distance between the structure and the nearest adjacent residentially zoned district. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Section 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. In addition, the following shall be required: 1. No off-street parking area shall be located closer than twenty five (25) feet to any residentially zoned property nor ten (10) feet to any 041701 6 Section 32