PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing regarding an amendment proposed to Chapter 3 (Administration and Enforcement) and Chapter 4 (Planned Unit Developments) of Title 6 (Zoning Regulations) related use deviations within PUDs, PUD revocations, and final action by City Council - PZC 20-1-122
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Allison Laff, AICP, Deputy Director
BOARD/COMMISSION REVIEW:
Required notice of PZC 20-1-122 was published in the Daily Herald on December 21, 22, and 23, 2020.
BACKGROUND:
At their December 1, 2020 meeting, City Council considered a request by Shorewood Development Group, LLC to amend the B2 zoning district regulations to permit self-storage facilities in the B2 district, subject to certain conditions. The City Council did not support the requested amendment finding that it was too broad and could result in storage facilities being located at several B2 properties counter to the commercial intent of this district.
However, during their discussions, the City Council also noted that they did not have specific concerns with the storage facility proposed at the Market Meadows shopping center based on the center's high vacancy rates. City Council accordingly directed staff to investigate other zoning approaches that could be used to permit Market Meadows to move forward, without having broader impacts on the B2 zoning district.
DISCUSSION:
Use Deviations in PUDs
During their discussion, City Council inquired as to why a variance could not be granted to permit a use which is neither a permitted or conditional use in a property's underlying zoning district. Staff clarified that the existing code specifically prohibits use variances. However, while exploring options to accommodate the processing of requests such as the storage facility for Market Meadows, staff determined that it may be appropriate to amend the Code to permit use deviation...
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