Item 1: Ordinance on Land Use Code Amendments

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1.Expand the adjustment review process to include interior lot setbacks, minimum landscape standards, fence type, height and location, and drive-thru service area setback and landscaping; 2.Provide comprehensive adjustment review criteria to be used within the Downtown Plan area; 3.Remove the applicability of certain regulations that apply to downtown development but were written for areas outside downtown; and 4.Amend regulations in the S-F Fifth Avenue Special Area Zone to be consistent with the rest of the adjacent commercially-zoned downtown area. In addition to the proposed code amendments, the Planning Commission discussed the S-F Fifth Avenue Special Area Zone and concluded that a separate zone in this area was unnecessary, given other existing code regulations downtown. The Planning Commission recommended initiation of a code amendment to consider removal of the S-F zone from the land use code in its entirety. This item will be incorporated into a future phase of the Downtown Code Amendment project. Land Use Application Noticing Requirements: Currently, the code requires that the City bear sole responsibility for mailing and posting public notices. The proposed amendments to land use application noticing requirements would enable the City to consider shifting that responsibility to applicants, rather than it being the City’s sole responsibility. The proposed changes are in alignment with citywide goals to increase cost recovery and reduce the impact on the general fund. It is expected that that this shift in responsibilities would reduce general fund subsidy of public notice and mailing costs related to land use applications, increase administrative efficiency and reduce associated staff time currently devoted to these tasks. The proposed code amendments would not result in any formal change of noticing responsibilities or public outreach. Rather, the changes would simply enable the City to consider implementing this concept among many other budgeting strategies to address anticipated budget challenges going into the next fiscal year. If the City elects to implement procedural changes to noticing requirements at a future date, the process would involve ample opportunity for public input as part of outreach efforts and the formal public process for development of new administrative rules. RELATED CITY POLICIES Findings addressing consistency with related City policies, including provisions of the Metro Plan and Downtown Plan, are included as an exhibit to the draft ordinance (Exhibit A of Attachment A). COUNCIL OPTIONS Following the close of the public hearing,the City Council may consider the following options: 1. Approve the proposed ordinance. 2. Approve the proposed ordinance with specific modifications as determined by the City Council. 3. Deny the proposed ordinance. Z:\CMO\2009 Council Agendas\M090518\S0905181.doc