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planning and zoning commission

Agenda Request

Agenda Of:

12/08/09

Agenda Request No:

vii-a

Initiated By:

douglas p. schomburg, aicp  assistant planning dir.

 

Responsible Department:

planning

Presented By:

sabine somers-kuenzel, aicp

director of planning

 

Department Head:

sabine somers-kuenzel, acip

director of planning 

[orig. signed by sask]

 

 

 

 

Additional Department. Head (s):

n/a

Subject / Proceeding:

strategic project - development code changes for chapters 2 and 10 for residential f.a.r., maximum lighting standards,  maximum noise regulations, and hotel standards

consideration and action

Exhibits:

supplemental information; background information from September 8, 2009 report; outline of regulations for floor area ratio, lighting standards, noise regulations, and hotel standards; letter from development committee chair – noise standards recommendation

Clearances

Approval

Legal:

na

planning director:

sabine somers-kuenzel, acip

director of planning

[orig. signed by sask]

Recommended Action

Recommend approval from Commission to City Council of the proposed Development Code amendments.

Executive Summary

This meeting follows the September 8, 2009 Public Hearing and discussion from the Commission on the Development Code amendment project.  At the Public Hearing, the Commission requested additional clarification on the details of the amendments, and provided feedback.  Staff also agreed that there would be a follow-up meeting with the Development Committee (City Manager Advisory Committee) as to specific details of the four main areas: 

 

  • Floor Area Ratio FAR
  • Lighting
  • Noise
  • Hotel Standards

 

The Planning and Zoning Commission conducted a workshop on August 11, 2009 where proposed Development Code changes to Chapters Two and Ten regarding residential floor area ratio, maximum noise and lighting standards, and hotel regulations were discussed.   The Council direction from July 28, 2009 was as follows:

 

  • Set a maximum single family Floor to Area Ratio (FAR) at 0.71
  • Add maximum lighting regulations
  • Add noise maximums at property lines adjacent to single family development
  • Add hotel development standards and distinguish between four types – Full service, Select Service, Limited Service, and Extended Stay.  Regulate each type separately through zoning districts.

 

And:

 

  • Continue to monitor current parking garage regulations as they are applied to future structures (no amendment at this time)
  • Continue to monitor building height and building finishes standards (no amendment at this time)

 

The Planning and Zoning Commission held a public hearing on September 8 and requested that staff work with the Development Committee to work out some details that had been pointed out by the Chairman of the committee.  The Commission also directed specific changes and additional research.  The result of the work with the Committee, a list of Commission directed changes, and responses to the Commission’s questions are attached, below.

 

We met with the Development Committee at its regular meeting on September 14 and a special meeting on October 2.   The clarifications are detailed in the supplemental information. 

 

The most significant change is regarding the noise regulations and the October 2, 2009 meeting was devoted exclusively to the issue of whether specific decibel levels should be applied to industrial and commercial uses.  At this time, we are recommending that the specific decibel regulations would apply to M-1 and M-2 uses until we’ve had an opportunity to spend a year to collect data to study noise levels in the Business Park, monitor noise complaints, and form recommendations accordingly.  A more thorough discussion of the noise issue is included in the supplemental materials below.

 

Revisions as requested by both the Commission and the Development Committee have been made to the outline.  This revised outline is attached with revisions highlighted.  We anticipate a Council Public Hearing and 1st Reading on January 19, 2010 and final adoption on February 2, 2010.

 

File No. P0011488

Exhibits
 

SUPPLEMENTAL INFORMATION

 

Planning and Zoning Commission Public Hearing and Discussion

 

Commission changes directed:

 

  1. Clarify that lighting standards do not apply to street lights
  2. Delete provision for truck and RV parking on hotel sites
  3. Remove provision for in-room kitchens for Select Service and Limited Service hotels.  Allow only in a small percentage of rooms in a Full Service hotel
  4. Add noise standards to uses in SIC group 79 Entertainment

 

Commission questions and staff responses (responses are in italics):

 

1.      Would the proposed lighting standards conflict with the Energy Code?  The primary focus of the Energy Code utilized under the International Building Codes is for building lighting (internal) rather than parking lot and exterior lighting.

2.       Should the lighting regulations apply to commercial areas of a PD as well?   We’ve added this clarification that the lighting standards would apply unless otherwise changed specifically within the PD ordinance rezoning the property.

3.      Should there be noise regulations for commercial and industrial uses onto other commercial and industrial uses?  Please see noise discussion, below.

4.        Should the noise regulations apply to commercial areas of a PD as well?  Please see noise discussion, below.

 

Development Committee meeting changes (responses to request for changes are in italics):

 

1.       It should be clear that a PD that proposes increased density and exceeds the maximum FAR will still be permitted.  We’ve clarified to exempt approved PD’s.

2.       Noise standards should not apply from one industrial site to another.  We’ve removed the restriction if the site receiving the noise is zoned M-1 or M-2.

3.       Maximum decibel levels should only apply to M-1 or M-2 zoned properties and should be set at 65 during the day and 58 at night.  These changes have been incorporated into the outline.

4.      Fully shielded and full cut-off appears to mean the same thing in the definitions.  We’ve removed references to “fully shielded”.

5.        Lighting of architectural features of structures other than buildings should be permitted.  We’ve added monumentation to the list of  exempt items

6.       Lighting should not have to diminish at interior property lines within commercial centers.   We’ve specified that lighting standards do not apply on the interior of such centers.

7.      Hotel parking regulations should prohibit on-site RV parking.  This was already changed per Commission direction.

 

Noise regulations:

 

The Development Committee had particular concerns regarding application of specific noise regulations that would apply to commercial properties if a certain decibel level is received on residential properties.  Of particular concern was the potential that such regulations might negatively impact deliveries to commercial sites.  The timing, operation, and location of truck deliveries are generally not fully under the control of the businesses. 

 

The Chair of the Committee, Mr. Steve Ewbank, brought in a noise expert, Mr. Ron Spillman, to assist us in understanding the issues.  According to Mr. Spillman, while a set decibel level appears to be the most logical approach to regulation, such a regulation might have unintended negative impacts to businesses.  It would be relatively inflexible and therefore would not always afford the residential areas the protection that it is intended to accomplish. 

 

That discussion lead the Committee to ask how prevalent noise complaints have been in the City.  Staff that was in attendance was aware of only two examples, one of which had been a perceived future issue at the Tramontina site, which was not yet in operation at the time the concerns were voiced.  The Committee recommended that we apply the noise standards to industrial uses, and then monitor the noise levels to determine the effectiveness of the regulations in protecting residential areas.

 

Since the time of the Committee meeting, we requested information from Code Enforcement regarding specific complaints of noise emanating from commercial sites.  The City receives and investigates an average of two to three noise complaints a year.  The current regulations are more flexible than the decibel level approach that had been proposed.  These involve a determination by the City or a court that a noise was of such volume, intensity, or duration to disturb a reasonable person.  It is our recommendation that Planning work together with Code Enforcement on these types of complaints over the next year to collect data, including decibel levels, to assist in determining the true nature of the issues and concerns.

 

Background (from September 8 Staff Report)

 

Summary of Prior Work:

 

In the spring of 2007, City Council identified several Development Code issues that needed to be addressed. Working through a Council Subcommittee with members Jones, Schiff, and Hosley, the Council set the following framework for study:

 

 

In September 2007 the Council awarded a contract to Duncan and Associates.  This firm first provided a diagnostic of specific sections of the Code, and in December of 2007 met with three stakeholder groups to get initial input on specific topics.  These groups included the Development Committee, the Planning and Zoning Commission, and an ad hoc team of HOA representatives.  The specific issues we discussed were:

 

 

In the spring 2008 we received a report from the consultant that described options for approaches to possible amendments.  These options ranged from significant changes to more of a “lighter touch” that addresses specific gaps in the Code. 

 

In the summer of 2008 the consultant met again with the three stakeholder groups and discussed options for addressing the issues.  The groups identified additional research for the consultant and planning staff to conduct.  These tasks included:

 

 

City Council provided staff direction at the July 28, 2009 workshop where it was confirmed to move forward with the final steps in the adoption process.

 

Revised Information Since 9/08/09 Commission Meeting are highlighted and include Commission directed changes and adjustments to address Development Committee concerns.

 

FLOOR AREA RATIO (FAR) FOR ALL RESIDENTIAL DISTRICTS

 

FAR means Floor to Area Ratio.  It is calculated by dividing the total sum of the square feet of all climate controlled areas of the dwelling and square feet of all accessory buildings of a premise divided by the total square feet of a lot.

 

Set a maximum FAR of .71 for Residential Districts including R-1E, R-1R, R-1, R-1Z, and HR-1

 

Any Planned Unit Developments platted prior to annexation and any approved Planned Developments will be exempt from FAR regulations.

 

MAXIMUM LIGHTING STANDARDS

 

The article will apply to all lighting fixtures and light poles established on non-single family sites (including sites that are used primarily for signage) after the adoption of this amendment.

 

New Definitions

 

Footcandle (fc)  means a unit of measure for illuminance.  A one-candela uniform point source of light will illuminate a surface that is everywhere one foot from the point source at one footcandle, which is also equal to one lumen per square foot.  Illuminance at an arbitrary distance from a lamp is measured in footcandles by a light meter.

 

Full Cutoff   means a luminaire light distribution where 100 candela per 1000 light lumens (10%) may emit at all vertical angles beginning at 80 degrees up from the nadir to less than 90 degrees, and zero candela per 1000 lumens (0%) is projected at 90 degrees (horizontal plane) and all angles above. 

 

Lumen means a unit of luminous flux.  One footcandle is one lumen per square foot.

 

Lumenaire  means the entire lighting unit consisting of the lamp (light source also known as a bulb), together with any reflectors, refractors, diffusers, baffles, lenses, or other devices to distribute the light, along with parts that position and protect the lamp and connect it to the power supply.

 

Nadir means the direction pointing down from the lowest light emitting part of the luminaire.

 

Vertical illuminance means the measure of a light source in footcandles by a light meter with its light sensor surface oriented vertically at five feet above the ground and facing the light source.

 

Exemptions List:

 

                       

Maximum Lighting Regulations:

 

This restriction does not apply to lighting at interior property lines within commercial centers (“commercial centers” will be defined).

 

MAXIMUM NOISE REGULATIONS

 

New Definitions

 

Day means the period of time from 7:00 a.m. to 10:00 p.m.

 

Decibel (dB) means logarithmic unit of measure used in describing the amplitude of sound.

 

dB(A) means the intensity of sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighing scale and the slow meter response, as specified by the American National Standards Institute.

 

Night means the period of time from 10:00 p.m. to 7:00 a.m.


General Regulations:

 

Applies to all properties zoned M-1 and M-2.

 

One of the following exceptions may be applied to the noise maximums:

 

·         Noise source operates less than 15 minutes in any one hour period: plus 5

·         Noise source operates less than 6 minutes in any one hour period: plus 10

·         Noise source operates less than 1.5 minutes in any one hour period: plus 15

·         Noise of impulse character (hammering, etc.): minus 5

 

Maximum Noise Regulations:

 

Noise on properties is capped at:

 

 

HOTEL

 

Statement of Intent: 

 

The City Council has determined that establishing minimum standards for hotels protects and advances the general welfare of the community by providing for structural integrity, safety, durability, and improved maintenance of sites; and promoting economic development by providing quality hotel developments that support the City’s businesses.

 

Three Specific Categories will be created and hotels that do not fall into one of these categories would be prohibited.

 

Full Service Hotel means a hotel with rooms offered for nightly stay only that contains at least one three-meal restaurant, a lounge, meetings spaces, and other amenities such as concierge, fitness room, room service, etc.

 

Would require:

 

 

Would be permitted by right in the B-O and B-2 districts

 

Select Service Hotel means a hotel with rooms offered for nightly stay only that contains more food and beverage options than are available in a Limited Service Hotel.

 

Would require:

 

 

Would be permitted with a Conditional Use Permit in the B-O and B-2 districts

 

Limited Service Hotel means a hotel with rooms offered for nightly stay only that provides limited or no food and beverage services and few services and amenities.

 

Would require:

 

 

Would not be permitted in the B-O district; would be permitted with a Conditional Use Permit in the B-2 district

 

All hotel categories will need to meet certain minimum requirements:

 

·         All guest rooms must be accessible from interior hallways only

·         Exterior door access must be secured and accessible to guests and employees only

·         Management must be present on-site 24 hours

·         Overnight parking of trucks with more than two axles, recreational vehicles and campers,  and trailers are prohibited

·         Microwaves are allowed in all rooms of the three hotel categories. 

·         In-room cooking facilities are prohibited in Limited Service and Select Service Hotels.  In Full-Service Hotels a maximum of 5% of the total number of rooms may include cooking facilities. 

·         Delivery Service areas shall be screened from rights-of-way and from residential areas with masonry walls

 

CoSL Max Noise Regulations 10-5-09_Page_1

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