City of Dothan Staff Report for Mayor and City Commissioners PROJECT TITLE: DEPARTMENT: Planning and Development DEPARTMENT HEAD: Todd L. McDonald, AICP REPORT DATE: October 22, 2015 Admin. Meeting Date: October 20, 2015 PURPOSE: Amend Chapter 114, City of Dothan Zoning Ordinance. BACKGROUND: When I asked you to adopt the revised Zoning Ordinance in 2010, I did so with the promise of periodically reviewing its provisions. Since its adoption in 2010 and the subsequent addition of parking, landscaping and signage standards in 2012 and 2013, I and my staff have looked for opportunities to make improvements and adjustments to the ordinance text. These proposed changes are in response to that promise. The Planning Commission conducted two public hearings on the proposed amendments which they approved at their September 16, 2015 regular meeting and recommend them for your consideration. DESCRIPTION: The proposed changes outlined in the document range from grammatical corrections to deletions of unnecessary text and additions of some new text. The document also contains one (1) substantial change to the content of the ordinance. Standards for Manufactured Home Communities were first adopted by Ordinance 4906 (December 1974) and codified in Chapter 58 of the Dothan City Code. They haven t been reviewed or updated since they were originally adopted. In this revision, they are updated and transferred from Chapter 58 to become new sections 158 and 159. This change is being proposed to avoid the confusion created when multiple ordinances apply to the same subject; in this case, manufactured home communities. Chapter 58 is proposed to be deleted from the City Code. As we did previously, planning staff engaged several members of the community in this review. In addition to planning department staff, Philip Santora, Wayne Palmer, Forrest Register, Mark Saliba, Allan Kramer, Chuck Harris, Jerry Coleman, Mickey Davis, and Steve Turkoski participated in the review. As a group, we met eight (8) times from August, 2014 to January 2015 and systematically reviewed the changes that staff proposed or issues the committee wanted to address. Attendance at these meetings was very consistent and we got a lot accomplished during the 18 hours we met. Following is a summary of the proposed major changes. Most of these changes were identified by staff in the course of administering the ordinance, but some were advocated by members of the planning commission, city commission or were the result of discussions with the review committee members. The major changes include: 1. Changes to the application procedure is the most important change proposed. The application deadline is increased from 21 calendar days before the meeting to the second
Friday of the month preceding the desired meeting date (a total of 33 to 40 calendar days from the meeting). The applications process is at the discretion of the local legislative body and codified in the zoning ordinance. The current process has been in use since 1974 when the time period for applying for a rezoning was increased from 18 to 21 days. Since that time, development review requirements have become more complex restricting staff s ability to provide insightful feedback in advance of the meeting to various stakeholders including the planning commission, the applicant, other city staff, the public, elected officials and the news media. In addition, city staff must soon begin incorporating sewer capacity requirements into Planning Commission reports in order to comply with the AOC. At this point, it is likely that this analysis and subsequent sewer credit availability determination will take at approximately 3-5 working days. Also, the applicant will be invited to the DRC meetings so he can hear all review comments first hand and be able to respond to questions raised by staff prior to the case reports being prepared. The goal will be to finalize and mail the case reports one week in advance of the public hearing. All in all, the length of the application procedure is proposed to increase by 12 working days. 2. Planning Commission rezoning recommendations sunset after three months if not advanced to the City Commission. 3. Reducing the size of a proposed development that staff can review and approve from 25,000 to 15,000 square feet. 4. Requiring that an approved development plan be submitted with a building permit application. This avoids the current practice of double reviewing a proposed plan; once for Planning Commission and again when the permit is applied for. 5. Creating a new special district for manufactured home communities (modified text from City Code Chapter 58). 6. Various changes to the Tables of Permitted Uses across all zoning districts. 7. Changes to the approval procedures for a PUD. 8. Reducing the length of time a non-conforming use can be continued from 1 year to 6 months. 9. Incorporating Institute of Traffic Engineers (ITE) or similar parking lot design standards by reference (aisle width, on-site circulation, etc.). 10. Modified parking standards to reflect conditions in the market. 11. Allow carports within 5 feet of an adjoining property line if constructed of fire resistant material (aluminum). 12. Government/public uses are added as permitted uses in all districts w/development plan review. 13. Following the Supreme Court Case of Reed v. Town of Gilbert several provisions providing special treatment of certain signs and street graphics are deleted including temporary decorations, directional signs, political (campaign) signs, real estate signs, undeveloped parcel signs and non-commercial banners. 14. Establishes that multi-unit buildings are limited to one (1) freestanding sign. This is to prevent multiple signs in front of one building. Page 2 of 6
15. Clarifies that the amount of signage attached to a building is based on the area of the façade facing the public street. 16. Establishes a credit for preserving existing canopy trees. Credit is increased as tree size is increased. 17. Establishes conditions where buffers can be reduced. The following tables provides more detail and identifies the specific section(s) and page numbers proposed to be changed and provides a description of each change. Note: the page numbers listed are keyed to the markup copy and are not final. Page Section Description of the Change ALL ALL Throughout this document; code references corrected, clarifications made to existing provisions, drafting errors corrected and various grammatical errors corrected. ARTICLE I. In General 1 114-1 Additional provisions added concerning changes to the Official Zoning Map of Dothan. Article II. Definitions 5-42 26 All definitions previously included as part of Section 186 (Telecommunications), Articles XII (Signs and Billboards) and XIII (Landscaping and Buffers) are incorporated into this Article (shown in blue). Additional definitions are proposed, deleted or clarified (shown in red). Article III. Administration and Enforcement 43 39 Responsibilities of the administrative official as to enforcement of the ordinance clarified. 46 43 New section addressing penalties for violating the ordinance (repeated from city code). Article IV. Amendment and Rezoning Procedure Application procedures changed. More time provided to 47 56 review/analyze a request (including the AOC requirement to review sewer system capacity), provide feedback to stakeholders, develop and distribute case reports in advance of the meeting. 47 56 (B) New provision preventing split zoning an existing parcel. 49 60 Establishes 90 day limit to pay advertising costs for city commission consideration or application is canceled. 49 61 Allows a developer to link a specific development plan to a rezoning request with a 6 month reverter if the development plan is not approved. 49 63 New section specifying the actions required to appeal a planning commission decision (repeated from state code). Article V. Development Plans New section requiring planning commission review of a 51 75 (C) manufactured home community development plans. See Section 158. Replaces Chapter 58. 52 76 (A) (2) Clarifying that a development plan may be submitted by a nonprofessional designer for PC review but that civil engineering designs must be stamped by a professional engineer. Page 3 of 6
Page Section Description of the Change 55 76 (C) (4) Reduces the size of a proposed development that staff can approve without a public hearing from 25,000 to 15,000 sf of floor area. 55 76 (C) (7) DRC/Development Plan review procedures 57 82 New provision for stacking uses where multiple uses at one location have to observe individual development standards. Article VI. Board of Zoning Adjustment 63 100 (D) Deleted provisions pertaining to review by BZA 64 101 Modified provision requiring business license to be obtained w/i 90 days of approval. Article VII. Classification and Establishment of Uses 79 117 (E) (3) Creating a special district for Manufactured Home Communities. Article VIII. District Regulations 81-86 Table of Permitted Uses 114-131.1 to 131.6 Tables of Permitted Uses. Numerous uses are added, deleted or combined. Use authorizations by district (as by-right or special exception ) adjusted across districts. If the use has changed in some way, it will be shown in red and the changes noted at the end. Significant changes include: Table 131.2, Commercial Uses ADULT ENTERTAINMENT deleted from B-1 and added to H-I (makes the Tanda Room a nonconforming use) AUTOMOBILE SALES NEW AND USED combined as a use. Used car sales no longer requires BZA approval. BARS/NIGHTCLUB added to L-I. Table 131.3, Commercial Uses MANUFACTURED HOME SALES added, not allowed in B-2. PAWN SHOP added to B-2 and L-I. Alcohol sales qualifier removed from restaurant use. Function of DCC. SHOOTING RANGE (indoor and outdoor) added to B-1, B-2 & L-I. Outdoor by SE only. TAXI DISPATCH W/O GARAGE added to B-1, B-2, B-3 (SE) & L-I TITLE LOANS, PAYDAY LENDER, CHECK CASHING added to O-I only. This effectively prevents new uses from locating on major traffic routes. Table 131.4, Industrial Uses FOOD PROCESSING added to H-I MEAT, FISH, CHICKEN PROCESSING (no slaughter) added as SE in L-I and P in H-I TRANSIT GARAGE added as SE in B-2, L-I, permitted in H-I Table 131.5, Institutional Uses Public Uses permitted in all districts (including schools). RELIGIOUS INSTITUTION requires SE in all districts so DFD/Permitting can review for life safety. Transient/homeless shelter removed from residential Table 131.6, Medical and Residential Uses MANUFACTURED HOME added as a use. Page 4 of 6
Page Section Description of the Change Article VIII. District Regulations 88 132 Clarified dimensional regulations for SFR in R-3 and A-C Districts. Article IX. Townhouse Regulations No Changes Article X. Special Districts 93-99 156 Planned Unit Development approval procedures and requirements clarified. 99-110 157 Downtown Overlay District nonconforming use provisions relocated, manufacturing uses permitted by SE in C/R subdistrict, specialty manufacturing permitted by SE, under canopy signs permitted and standards proposed, the mixed use residential or commercial development districts are deleted. 115-121 158 Standards on Manufacture Home Communities are incorporated as a new section. Standards are updated to reflect current development trends. If approved, Chapter 58 of City Code is deleted. Article XI. Supplemental Regulations 122 171 (A) Nonconforming use period decreased from 1 year to 6 months. 122 171 (C) Allowing existing non-conforming uses to change to a similar character provided no alterations to the site or structure are required. 125 182 (D) Institute of Traffic Engineers (ITE) or similar parking lot design standards are adopted by reference. 126 182 (F) Modified and expanded parking standards to include more uses. 132 183 (B) (1) A provision added restricting mobile storage units to 60 days in front or side yard. 133 183 (B) (2) Allows pool enclosures to be attached to the principal structure. 133 183 (B) (3) No barbed wire, etc. in R, B or O districts without SE approval. 134 183 (B) (4) Carports built of fire resistant materials may be built w/i 5 ft. of the property line. Objections kick the request to the BZA. 134 183 (B) (5) Requires that accessory dwelling units must be located on a lot or parcel containing at least 12,000 sq. ft. 135 183 (C) Non-residential accessory structures approved in-house. 137 184 (G) Governmental uses permitted in all districts. 137-139 185 Street Address Standards modified to account for changed E-911 Board structure. 139-146 186 This section on Telecommunications is deleted and added as a new 146 187 (New 186) Article XIV. New provision establishing joinder of lots allowing separate lots to be joined and recognized as a single building site w/o having to resurvey the lots. Page 5 of 6
Page Section Description of the Change Article XII. Signs and Billboards 149-151 211 (D)(F)(O)(P) (Q)(T) These sub-sections are deleted per the Reed v. Town of Gilbert SCOTUS ruling. Provisions treating temporary decorations, directional signs, political (campaign) signs, real estate signs, signs on undeveloped parcels and non-commercial banners different determined to be content-based and unconstitutional. 157 216 (E) Clarifies measurement standards 163 219 (A) Clarifies that multiple occupancy buildings may have only one freestanding sign. 164 219 (C) Clarifies that the calculation of sign area for building signs is a % of the building façade facing the public street. Establishes a total maximum area for all building signs is defined as is the maximum area for any single sign. The restriction on the number of signs that can be placed on a stand-alone building is deleted. 165 219 (F) Establishes standards for under canopy signs (downtown). 169 223 Clarifies that removed nonconforming signs may be replaced w/i 6 months. Article XIII. Landscaping and Buffers 172 236 (C) Modification language moved to Section 238 (C) 172 237 (A) (3) New provision awarding credits for preserving protected trees. 174 238 (B) Clarifies that landscape plans may be submitted only by a landscape architect, architect, engineer or state certified landscape designer. 175 238 (D) Relocated language from 236 (C) allowing modifications to landscape plans under certain conditions. 180 241 (C) Buffer required only adjacent to development rather than entire site. 181 242 (A) 184 242 (B) Buffer not required if adjacent use is separated by more than 2 lanes of traffic. Expanded section allowing reduction to buffers under certain conditions. Article XIV. Telecommunication Facilities NEW ARTICLE 187-194 Article XIV SE special exception New Article addressing Telecommunications Facilities. These regulations will be re-written to accommodate changes in federal law. RECOMMENDATION: Following advertising as required by law, schedule a public hearing and consider adopting the proposed changes recommended by the Planning Commission. COST ANALYSIS: Advertising legal notice in accordance with Ala. Code 11-52-77 (2), three times and a one-quarter page display ad once at a cost of approximately $600. Page 6 of 6