Background
On March 11, 2003, the City Council approved Ordinance 2003-16 adopting a set of comprehensive development regulations known as the Unified Development Code (UDC), which codified various zoning and subdivision standards. Included in these standards were Zoning Use Regulations that identifies uses that may be permitted by right, subject to limitations or require approval of a Special Use Permit (SUP) for each zoning district. These uses are categorized into eight (8) categories based on similar functional, product or physical characteristics and ranges from residential to civic, commercial, industrial, transportation and other uses (UDC Chapter 5).
Revisions to the Zoning Use Regulations (Permitted Use Table) is a topic that was included in the City Council approved General Amendments List for the 2018/19 UDC Annual Review process. Since this time, the City has identified several uses to be reviewed in order to ensure the healthful and orderly development of the city, as well as the public welfare by regulating certain uses along the City’s major thoroughfares, residential neighborhoods and commercial/employment centers. These uses include, but are not limited to, auto-related uses in the Local Commercial (C-1) zoning district, office/warehouse use in the General Commercial (C-3) zoning district, multi-family, detached in the Mixed Use Downtown District (MU-DT), food establishment services in the Industrial (IN) zoning district, and conditions for bar, taverns and pubs . In addition, City staff will look at including non-listed uses, such as commercial vehicle sales and services and micro-distillery uses.
Timeline of Discussions
The City Council received a workshop presentation on 2018/2019 UDC amendments. The City Council provided general direction on priorities, topics and process. At this point land use revisions included the following:
- Restaurants in Business Park and Industrial zoning districts.
- Distance requirements for Bar, Tavern or Pub uses
- Office warehouse
Workshop discussion and general direction included:
•Discussion on the 3 types of the UDC amendments identified in the UDC
•The following direction was provided:
•Review of setbacks for Multi-family and non-residential development when adjacent to ETJ single family residential property.
•Update UDC to increase notice requirements to 300' rather than the state mandated 200' for rezoning requests.
•Update UDC to identify notice shall be provided to ETJ residents if located within the prescribed notice area.
•Review automotive uses to require a special use permit in a local commercial (C-1) zoning district.
•Allow council members the opportunity to review the UDC amendment list and return to a workshop session to discuss UDC amendments that may be processed outside the annual review process.
The City Council received a workshop presentation and general discussion and direction provided to staff was to move the UDC amendments on land use to an executive/ out of cycle amendment process.
The City Council voted to process this amendment as an executive amendment (Resolution No. 032619-T) in accordance with UDC Section 3.05.030.
Proposed Amendments:
The proposed amendments include (Ordinance Exhibits A and B):
- Revising auto-related uses permitted by right in the Local Commercial (C-1) zoning district to require approval of a Special Use Permit
- Allowing detached multi-family uses in the Mixed-Use Downtown (MU-DT) zoning district subject to approval of a Special Use Permit
- Allowing food and beverage establishments in the Industrial (IN) zoning district subject to approval of a Special Use Permit
- Removal of the minimum separation requirements between bars, pubs and taverns while retaining requirement for special use permit process where it is currently required by the UDC.
- Addition of non-listed uses (micro-distillery and commercial vehicle sales) to the Permitted Use Table
Staff's Analysis
Staff has reviewed the proposed amendments in accordance with the Unified Development Code (UDC). Staff has determined that the proposed amendments meet the criteria established in UDC Section 3.05.050 for a Text Amendment. Particularly, staff finds:
- The proposed amendments promote the health, safety or general welfare of the City and the safe, orderly, and healthful development of the City by establishing standards and processes that could allow certain uses appropriate in specific zoning districts subject to compliance with specific site design standards;
- The proposed amendments are consistent with the Comprehensive Plan as the amendments further implement the policies and recommendations of the Land Use Element;
- The proposed amendments are necessary to address conditions that have changed in the City;
- The proposed amendments would positively impact the community and environment by implementing specific design standards to mitigate the impact these uses may have on existing neighborhoods and commercial or industrial areas; and
- The proposed amendments are in conformance with other applicable Sections of the City Code.
Public Comments
As required by the Unified Development Code (UDC), a legal notice advertising the public hearing was placed in the Sun Newspaper (March 24, 2019). As of the publication date of this report, staff has not received written comments on the proposed amendments.
Planning and Zoning Commission:
At their April 16, 2019 meeting, the Planning and Zoning Commission unanimously recommended approval of the UDC amendments. Two citizen spoke in support of the amendments, specifically the amendments for automotive uses in the C-1 zoning district.