HomeMy WebLinkAbout6.e. Zoning Ordinance Amendment Discussion a� �., � �
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To: ciT�c eovrrciL iTEM 6e. :
FROM; MTGHAEL WQZNIAR, AICP, CITY PLANNER
DATE: NqVE;MBTsR 3, 19$9
SUBJ: NOVEMBER ?, 1989 - REC#ULAR MEETIN4 REVIS�B
20NING f?RDINANCE AMENDMENT DISCUSBI�N
Staff recommends that City Council set a public hearing date fo�
November 21, 1989 at 8:00 p.m to Gonsider an amendment whi�h wouid
effect three different sections of the Zoning Ordinance.
�irst, Couneil Member Napper has indi�ated to staff that he
believes that the portion of the Zoning Ordinance �Section
7.2 .A. 6. ) which ineludes provisions for the regulat�ion af accessQry
buildings may be more restrictive than what was intended by City '
Council, Specifically Mr. Napper's concerns regard the following
language:
"Accessory building to be constructed in the A {Agriculture) ar AG-
F (Agricultural Preserves} Districts east of Akron Avenue are
limited to a maximum aggregate total of 2400 square feet of area
for properties under 20 acres in size or if the building is for non
agricultural use. "
Mr. Napper believes that the term "aggregate total" should be �
removed from this provision because it is overally restrictive far
Agricuitural properties under 20 acres in size loca�ed east c�f
Akron Avenue.
The other changes to the zaning orda.nance which City Ccauncil will
be asked to consid�r relate to a praposal to develop a Landscape
Nursery which was rec�ntly aenied by the Planning Commission. zn
considering the proposal the Planning Commission recagnized t�hat
the following uses which are permi�ted in the Agriculture District
are not defined in the zoning o�dinance; Agrieultural Stand,
Landseape Nursery, and ' Commercial Greenhouse. The Planning
Commission has recommended that the following de�initians far those
terms be added to the zoning ardinance:
Agricultural Stands A baoth or stall located on a farm from whieh
pr4duce and farm products are sold to the general public.
Commercial Gresnhoe�ses A structure in which plants, vegetables,
flawers and similar materials are grown for sale.
Landscape Nursery; Land or greenhc�uses used to raise flowers,
trees, shrubs and plants far sale.
.� - � �
Also relating to the recent Plannir�g Commi.ssion aetion on the
Landscage Nursery proposal is a recommendation fram �taf� regarding
the amendment of the zoning ordinance to establi�h an appeal
procedure to City Council for Pianning CQmmi6�sion actians on �
Building Permits. T2�e Zoning t3rdinance requirea that applications�
tor all non-residential building permits be sub�ect to a site plan
revi�w by the Planning Commission. However, the Ordinance
establishes no further administrative appeal to C�.tp Gouncil,
Therefore if an applicant is denied by the Planning Commission his
only recourse would be to take 3egal action against the �ity. Such
action could require the City to expend considerable legal fees
(i.e. defending against a lawsuifi) . The Planninq Commission
recently denied site plan approval for the Ros+a Clift Landscape
Nursery a proposal for a landscape nursery op�ration to be located
at the intersection of 120th 8treet and South Rabert Trail. City
staff had recomm�nded approval of the pro�ect with conditions. The
Developer of the pro�ect has expressed a desire to appeal the
decision by whatever procedure the City may establish. Unless an
appeal procedure is established this may be a sitt�atian where� the
applicant will elect to file suite against the City.
It is the consensus of City staff including the Gity Attorney that
an appeal procedure should be established to allow City Council to
consider appeals to Planninq Commissions actions ar� building
permits. This wou3d require amendment to Section 14.4 of the
Zoning Ordinance to provide language indicating the right for an
applicant, resider�t� councii member or planning commissioner ta
appeal a Planning Commissions site plan action provided the appeal
is filed with 30 days of the action. The procedure in a wor�t
case scenario would allow City Council an opportunity to review
Planning Commission actions prior to facing legal action.
The precise ordinance form for these changes will be provided to
Couneil for the November 2ist meetinq.