ZCC discusses Council recommendations to date; awaits formal resolution of requested changes

ZCC Regular Session

The Zoning Code Commission met today to learn more about what City Council has said it would like to see changed in the draft zoning code so far and consider the ZCC Work Plan Committee’s preliminary response to those requests. Although the deadline for Council to provide a resolution of recommended changes is October 27, ZCC staff and consultants have been working closely with Council to resolve outstanding issues. The ZCC will make final decisions about how to modify the draft code once the resolution is formally introduced in Council, perhaps as early as October 20. The ZCC will need to react quickly to keep the new zoning code on track for a 2011 vote. The commission plans to submit its final report to Council in early November.

Today’s presentation highlighted 15 recommendations from City Council and 10 from community and business stakeholders. Proposed changes addressed a range of issues, including nonconforming and regulated uses, standards for use variances and special exceptions, sky plane controls, parking, and more. (Click here to view the ZCC presentation on changes.) Much of the discussion focused on disclosure requirements for Community Benefits Agreements and what uses should be permitted in residential districts and public open space.

Council recommended that the draft code be changed to prohibit or permit by special exception any use that currently requires a variance in residential districts or is deemed potentially harmful to residential neighborhoods. In response, the ZCC must consider whether to prohibit group living, assisted living, group community homes, active recreation, educational facilities, libraries and cultural exhibits, basic utilities and services, wireless facilities, B&Bs, and home occupations in single family residential districts and permit them by special exception in all other residential districts. Commissioner John Westrum asked how assisted living facilities could be deemed a nuisance use when they allow people to age in place. And Commissioner Greg Pastore addressed home occupations, which are typically considered accessory uses. “How are we going to have an accessory use that is a special exception?” Pastore asked. Mr. Pastore also questioned proposed restrictions on retail uses in recreational districts. “What is a bike rental?” he asked. Public participants addressed the need to provide for group homes and methadone clinics in residential settings and suggested that what Council is proposing is illegal according to federal law.

The pros and cons of Community Benefits Agreements were also debated. City Council wants to eliminate mandatory submission requirements and penalties related to such private agreements to clarify that the city is not responsible for their enforcement. Neighborhood representatives argued that knowledge and enforcement are separate issues and that disclosure is necessary to ensure all stakeholders are aware of any negotiations that have taken place.

ZCC member and Councilman Bill Green addressed the commission as a member of the Council subcommittee preparing the resolution of changes. “At this point, there is no sense of what exactly City Council will send back to you,” he said. “But what is on the table is not standing in the way of creating predictability and certainty.” Green asked the ZCC to think about separating out certain issues for future discussion. ZCC Chairman Alan Greenberger agreed that there may be issues that cannot be immediately resolved and should not hold back the entire code, but he wants advice from the Law Department. “If we decide to park an issue,” Greenberger said, “how do we embed that in the draft code?”

The next regularly scheduled meeting of the ZCC is November 9, although a tentative date was set for an earlier meeting on October 26 if needed.