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HomeMy WebLinkAbout1989-04-10 - Agendas - FinalFAYET TEVILLE I LLE CITY OF FAYETTEVILLE, ARKANSAS AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, April 10, 1989 at 5:00 p.m., in the City Administration Building, Directors Room second floor, 113 West Mountain Street, Fayetteville, Arkansas. BUSINESS: 1. Approval of the minutes of the regular Planning Commission meeting of March 13, 1989. 2. LOT SPLITS 1 & 2: Submitted by Elvie P. Heiney for property located Northwest of University St. Property zoned R-2, Medium Density Residential. Lot Split 1 containing .38 acres, Lot Split 2 containing .60 acres. 3. APARTMENTS: the Nort DEVELO , r.4 i)111,^"-_;• RE -SUBMITTAL LAKE SHO James Linds e of Joyce tial, containing -es- acres. . acres. roperty loc d R-2, M on Density 4. REZONING R89-11: Submitted by Norman Gabbard for property included in Melanda West Subdivision on Velda Court. Property located on the Northeast side of One Mile Rd. Property zoned A-1, Agricultural containing 1.85 acres. Request to rezone from A-1, Agricultural to R-1, Low Density Residential. 5. PRELIMINARY PLAT - MELANDA WEST SUBDIVISION: Submitted by Norman Gabbard for property included in Melanda West Subdivision on Velda Court. Property located at the North end of One Mile Rd. on the east side. Property zoned R-1, Low Density Residential containing 1.85 acres. 6. PRELIMINARY PLAT: SHERWOOD FOREST ESTATES, Phase II. Submitted by Jim Lindsey and represented by Alan Reid. Property located Northeast of Lovers Lane. Property zoned R-1, Low Density Residential containing 20.09 acres and 6 Lots. 7. OTHER BUSINESS. 113 WEST MOUNTAIN 72701 501 521-7700 Ea 44nc11'L11a 1 per Don @Linn �l-[n-89 • • • • FEBRUARY 1989 AMERICAN PLANNING ASSOCIATION Why Should We Revise the Zoning Ordinance? B) Leslie S. Pollock Many communities have found that their 10- to 20 -year-old zoning ordinances are no longer responsive to many of today's development issues. For example, many ordinances are silent on -issues such as day care and group homes. Others lack the flexibility that will allow developer and community to negotiate mutually acceptable projects. especially on sites with numerous constraints. Still others need to be restructured in light of key recent Supreme Court decisions that focus on the takings issue. While recognizing that one's zoning ordinance may need improvement is a first step. it is difficult to clearly identify the specific revisions. 1 hope this Memo will be of some assistance in this regard. Specifically, it answers five related questions: 1. Why should you modify the zoning ordinance? 2. What signs point to the need for zoning ordinance revisions? 3. How do you figure out what is wrong with the zoning ordinance? 4. What technical zoning issues should you be aware of. 5. How do you go about fixing up the zoning ordinance? What Signs Point to the Need for Revision? In the simplest and most direct sense. the clearest signs of this need are constant administrative problems and challenges. threats of legal challenges or actual lawsuits related to zoning. and the sense that the ordinance does not at all relate to the kind of community that citizens want. A discussion of the factors that may signal the need for revision follows. Age. White an old ordinance is not necessarily a bad zoning ordinance. k certainly is one that should be reviewed and evaluated. Because of the changes in control techniques. "old" in the zoning business might mean 10 to 15 years. Over the past 10 to 15 years different approaches to zoning control hal e emerged. These changes may not be reflected in your present ordinance. For instance, changes in automobile sizes and auto dependency have an effect on parking and loading regulations. Changes in definitions of family, home occupations. and forms of multifamily development have also occurred. and these changes may not be taken into account in your present ordinance. Increased Applications for Variances. An increase in the number of requests for zoning variances is a sure sign that aspects of } cur ordinance do not reflect present development trends or market realities. One should note, however. that an Lc.lic S. Poileck is a principal consultant of Camiros. Ltd.. a planning and zoning cooeulttng firm in Chicago. increase in variance requests may merely signal increased development activity in areas containing a substantial percentage of nonconforming uses. Alternatively, a change in the nature or pattern of variances or exceptions may signal the inability of the zoning ordinance to cope with or to control emerging patterns of development or aspects of the market. An increase in variance requests clearly signals the need to review your ordinance generally, and the sections subject to variation applications specifically. The Occurrence of Undesirable Development. Often, zoning ordinances are drafted in a way that "anticipates" land - use. environmental, and other issues that are not a concern at the time the ordinance is drafted. For example, the zoning ordinance may permit a range of uses in a particular commercial district, and many of these uses may not exist in the community. However, as time goes on. these uses or patterns of development may occur in the community. But that development. once seen and experienced, may be considered undesirable. A revision may be necessary if growth control is an issue. If development is occurring at a fairly rapid pace and the community is witnessing more and more uses or kinds of development that are undesirable, there may also be a need to change the structure of the code. An Increase in Zoning -Related Lawsuits. This symptom is clearly an indication that there is a gap between what the private sector believes it is entitled to and the controls or administrative structure of the present ordinance. If the community is continually winning its lawsuits. perhaps the ordinance is correct and the requests of the private sector are without foundation. However, if you are losing a goody share of such lawsuits, the structure of your ordinance is clearly suspect and ought to be reviewed. Adoption of New Comprehensive Plan or Other "Development Controls." An update of your comprehensive plan is clearly a sign for a review of your zoning ordinance. The zoning ordinance is the city's primary' tool for implementing its comprehensive plan. This means that the ordinance needs to be brought in line with the new policies and dictates of the plan. Linking the plan to the zoning ordinance will go a long way towards correcting the range of problems and symptoms that have been outlined above. For example, a strong and demonstrable link between the two will serve your community well in defending its actions against lawsuits. The formulation of a comprehensive plan will provide the community ample opportunity to discuss the kinds of development that it wants and does not want. Thus, the formulation of a revised zoning ordinance linked to an updated comprehensive plan will help structure your land -use controls in a fashion that will prevent poor land -use practices, inefficient land use. and poor quality management. What's Wrong With the Zoning Ordinance? Having determined that something isn't right, and that perhaps • • • • J there is a need to review. she question arises How do you diacnose the ordinance? You might consider the following approaches. Analyze the Type of Variances. Specific t pes of exceptions er yar:antes rrat provide clues to zoning ordinance problems. The constant reed for exceptions from parking requirements in commercial districts indicates a conflict between the ordinance standards and the builder's perception of what is necessary for new development. Numerous requests for side - yard variances indicate that there is a problem in the relationship between the size of lot and the size of houses now being constructed. Requests for variances for locating accessory uses, such as air conditioning compressors, garages, storage sheds, and the like, may indicate that contemporary development does not fit with the requirements of your ordinance. Hence, the nature and pattern of variations can give you insights into specific zoning ordinance problems. Target Problem Districts or Zones. Obviously. if development in a particular district is resulting in patterns, uses, or buildings that are undesirable, one needs to make changes in that district. This requires identification of the nature of the problem. Are buildings too high? Are they too close together? Is there more parking area than needed? If so, the district controls need to be changed. Taking into account what the community wants in the district, you should restructure the district controls. One way to go about a restructuring is to look at the downtown. commercial corridors, and other special districts in other cities. If that development looks like what your community would like to have, review that city's special district regulations. Look at the height, bulk, parking, and use lists. Compare them with what you have and review the city's special district regulations. Generally, it is not good practice to copy from another community's ordinance in a wholesale manner. Unrestricted borrowing from one community is not the way to draft a code that reflects your community's needs. However, most communities borrow techniques that they think will fit their circumstances and may solve specific problems. Identify Your Administrative Problems. The identification and assessment of problems arising through the administration of the zoning ordinance often pinpoint aspects of the ordinance that need refinement, revision, or replacement. The inability of petitioners to easily find all portions of the ordinance that affect a particular parcel may point to certain organizational problems of the ordinance. When conflicting passages of the ordinance apply to the same district, the ordinance may suffer from piecemeal amendment. A great number of requests for ordinance interpretations, administrative appeals, and clarification of definition indicates problems with the clarity of the ordinance language and its organization. The zoning ordinance is a document written by professionals to be understood and applied by laypersons. Portions of zoning ordinances that do not make sense or are so arcane and poorly worded as to cry out for interpretation and clarification need rewriting. if your community's zoning board members, plan commission, or city council read the zoning ordinance and cannot easily understand all its provisions, the ordinance should be revised. What Technical Problems Should be Considered in a Zoning Diagnosis? Any technical review should be structured to respond to two broad qu.'linn.: 2 I . Are controls consistently applied 10 uses within cach zoning district. except when problems or district characteristics demand unique types of controls? 2. Are definitions. criteria. standards. and other measurement data current' Regarding consistency, for example. one Ixould expect that controls applied in one residential district would also be applied to similar residential districts. The following elements should be checked to make sure that they are up to date. Parking Standards. Are your regulations still based on accommodating Targe automobiles? Today. a much broader mix of automobiles exist. Consideration should be given to downsizing spaces to reflect the current mix of car sizes. Loading Requirements. Many zoning ordinances still specify loading requirements that assume that deliveries will be by semitrailers. The bulk of deliveries to nonindustrial uses are now often made in package vans that are much smaller in size. Changes in loading space requirements may be called for. Pyramid of District Use Lists. Many ordinances allow uses from one district in all less -restrictive districts (e.g., commercial uses are allowed by right in light industrial districts). You ought to inspect the ordinance to make sure that your are not unwittingly perrnitting uses in a district in which you do not want them. Purpose Statements. Many ordinances lack purpose statements for each district. These are critically important because they indicate why the district was created and serve as the basis for identifying the type of uses that should be permitted. Definitions. Many activities may have changed in nature since your zoning ordinance was drafted. New definitions may need to be drafted to reflect these changes. Specifically definitions for fast-food restaurants. drive-in banks. and other commercial uses that are heavy traffic generators should be reviewed or, if not currently included, be added to the ordinance. Evaluation Standards. Does your ordinance have standards for evaluating requests for variances or special use permits? Are there clearly stated guidelines for processes like making map amendments and appealing zoning administrator decisions? Performance Standards. Are your performance standards really performance standards? Are they measures to ensure a minimum quality of life? If they're the laver, then you should be sure to structure a series of additional controls to give the community the kind of development that it wants. Furthermore, if your ordinance contains industrial performance standards and is more than 10 years old, chances are that new performance standards for things like odor, smoke, noise, and vibration have been developed. It is useful to review the age of the standards and to contact the local relevant state agency or trade association to determine if revisions to these standards have been made. Yard Requirements. A lot of new development, especially in residenti!I districts, consists of PUDs or some other kind of negotiated arrangement. Certain district controls. especially yard requirements, are seldom, if ever, used in such cases, and, therefore, they can become out of date. You may discover that your yard requirements allow buildings to be located on site or development to occur in front, year, or side • • A Zoning Ordinance Checklist Off -Street Parking ❑ Do you have a current and complete schedule cf required parking per type of use as well as standards Lr hghung, surfacing. setbacks. size, access, and screening.` Definitions _: Are ail tet ms and phrases precisely defined and current? Administration and Enforcement • Has an official been assigned the responsibility for inspections and issuing certificates? ❑ Are there provisions for the Board of Appeals to hear and decide appeals and requests for hardship variances and exemptions? ❑ Does your planning commission play a pivotal role in reviewing requests for conditional uses and making recommendations to the local governing body? ❑ Are the penalties for violations clearly prescribed? Appeals O Is the appeals process clearly outlined; namely, can an individual read the ordinance to find out that appeals first go to a public hearing before the Board of Appeals and only afterwards go to the courts? Variances O Are the specific criteria for the granting of variances (e.g., what constitutes proof of hardship) spelled out for the Board of Appeals and applicants for variances? Text Amendments and Map Changes O Is it clear that the amendment process requires a hearing before the planning commission, a formal recommendation from the commission to the governing body, and passage of any changes by the governing body? Nonconforming Buildings and Uses ❑ Are there comprehensive provisions covering relocation: repairs and alterations: additions and enlargements: restoration of a damaged building; and expansion. discontinuance. or change of use? ❑ Do you have an amortization schedule that allows gradual elimination of nonconforming uses. signs. and buildings? Are the amonization provisions based on criteria related to building value, type of coo [ruction, and estimated length of building life? Conditional or Special Uses O Does the ordinance maintain a list of uses that will be allowed in a district only after public hearing and recomr.:end:tion by the ;:::ring commission and approval by the kcal governing body? When was the last time this list was reviewed? Sign Regulations O Are your sign regulations current? Do you have standards addressing all aspects (e.g., total area. projection, height. siting) of sign control? Off -Street Loading ❑ Are there provisions in your ordinance addressing: the required number of loading berths based on intensity of use or the amount of floor space?: access to the loading area?: screening, design, and maintenance? Annexation Procedures O Does the zoning ordinance make it clear that annexed land will receive a zoning classification at the time that the land is annexed or within a minimum of 90 days after annexation? Do you maintain a development moratorium during that 90 -day period? Home Occupations O Are home occupations adequately defined? Do your provisions adequately address signage? allowable equipment? sales on premises? what constitutes a nuisance? Bulk Regulations O Are your bulk controls based on specific minimum lot areas and widths, yards, setbacks, and floor area ratio or height limitations? Planned Developments O Does your ordinance grant developers of residential, commercial, and industrial planned developments flexibility insofar as density and mix of uses are concerned' Are there tradeoff provisions (e.g.. do local planners and the governing body have some say over design issues)? Regulations for Residential Districts 0 Do you have an appropriate number of districts. distinguished by density. to accommodate growth? Are you sure that your single-family district regulations do not unintentionally discriminate against low-income households? Regulations for Commercial Districts O Does the ordinance allow for a sufficient number of districts to accommodate every type of business or commercial activity in a proper location? Are lists of permitted and conditional uses based on compatibility? Regulations for Industrial Districts O Do your regulations accommodate both light and heavy industry? Do you have current performance standards? yards in a manner that is no longer desirable. Conflicts in Wording and in Terms. If your ordinance is old and has been only partially amended, chances are that some conflict in terms or wording exists. It is extremely hard to review an ordinance to determine these conflicts. The best way to find out if such conflicts exist is probably to ask your zoning administrator. Discussions with the administrator regarding how to remove these conflicts is the best way to pursue a revision. Map Conflicts. A good way to diagnose ordinance problems is to lock at your zoning map to determine how well the land - use pattern shown on that map accurately reflects the existing distribution of land uses. PUDs and other forms of conditional developments may mean that the zoning map and certain 3 development controls need revision. Sign Cl intro's. All zoning ordinances contain provisions for sign controls. Often these controls are limited to the height, area, and placement of signs. These controls can be expanded, however, and can deal with the amount of information provided on a sign, number of signs on a site, prohibited signs. etc. Special Area Problems. Often, the present ordinance is not helpful in terms of securing the kind of development that the community wants in highly visible or important areas. This may be especially true in commercial corridors, along major arterial roads. or in certain areas where environmental hazards limit development options. New techniques have been developed to facilitate control of development in small areas. For example, overlay zones, which add an additional layer of control over a series of standard land -use zones, have been used successfully to control curb cuts, location of signage, parking lot landscaping, and the like in commercial corridors. Special purpose zones. such as those oriented to an area of historic importance, also represent a new tool to apply in zoning ordinances. One of the best ways to get a sense of the structure of the ordinance. its gaps, and its needs is to do an outline of the ordinance. This outline should be done section by section. At the completion of the outline, you should review it and determine whether there are major sections missing. While a comprehensive revision of your ordinance may be the best way to solve the problem, an interim action is to establish a key -term index. The zoning administrator should identify the terms that are most important to everyday administration of the ordinance. If your ordinance is maintained on a word processor or a computer with software that can search for key terms. an index will be easy to prepare. If not. you will have to read the ordinance to identify where these terms are located in the ordinance and then prepare a key -term index. The zoning administrator is probably the best person to prepare a list of key terms because he or she may most often have to answer questions about the ordinance. Most of tate user questions brought to the administrator may be questions such as Can do you do this?, Where do you find this?, or Where is this defined? A key -term index will go a long way toward letting users fmd their own answers. Fortunately, the simplest way to diagnose a zoning ordinance is to read it. Mark sections that aren't clear, don't make sense to you. or apparently conflict with something you've read before. Prepare a matrix of 'use lists" in each district and identify the uses that you don't think should be in that district or that appear to be missing from that district. As a start, you might want to run down the checklist that is in the box. Answering these questions will help you evaluate your ordinance. How to Fix the Ordinance If. after your evaluation, there are parts of the ordinance that should be revised, several courses of action are open to your community. If the revisions are limited to a particular section of the ordinance, the amendment of that section is in order. If the problems identified tend to be reflected in many portions of the ordinance, however, it might be best to consider a comprehensive revision. If the community is currently completing a comprehensive plan, a comprehensive revision that links the plan and zoning ordinance better and that solves administrative and structural problems is your best bet. 4 How to do the revision will depend upon the size of the community, the difficulties encountered in the ordinance, and the size of the professional staff. A community with a professional staff must first determine if the staff has the time and skills available to undertake the revision. If the answer is Yes. a particular staff member should be made head of a committee consisting of members from the city council. zoning board, and perhaps the plan commission that will undertake the review and revision. Often smaller communities without staff will determine that the zoning ordinance revision is best done by an established group like the zoning board of appeals. This solution. from a professional point of view, is troublesome. Neither the time nor the expertise will be available for a complete review and revision. This approach may result in heavy borrowing from other ordinances and only superficial changes rather than substantive revisions. If a community without available staff decides to revise its ordinance, the use of consultants—a land -use attorney and a planner—is in order. These professionals should work together to help revise and structure your ordinance. The planner should bethe person responsible for organizing and identifying the content of the ordinance. The attorney should be the person responsible for making sure that the ordinance complies with all applicable laws. Together these professionals, working with your staff, will be in a position to carefully review the ordinance. identify strengths and weaknesses, and make recommendations as to how the ordinance can be restructured. The revised ordinance should be an efficient and easy-to-use document, and one that will help to execute the land -use, urban design, housing, environmental, and quality -of -life policies of the community. The PAS Memo is a monthly publication for subscribers to the Planning Advisors Service. a subscription research service of the American Planning Association: Israel Stollman. Executive Director: Frank S. So. Deputy Execvtise Director. The PAS Memo is produced at APA: lames Hecimo.ich. Editor: Adele Rtnhbla.^.. Assistant Editor. Copyright 1989 by American Planning Association. 1313 E. 60th St.. Chicago. IL 60637. The American Planning Association has headquarters offices at 1776 Massachusetts Ave.. N.W.. Washington. DC 20036. All rights reserved No part of this publication may be reproduced or utilized in any form or by any means. electronic or mechanical. including photocopying. recording. or by any information storage and retrieval system. without permission in writing from the American Planning Association.