Item 5: Land Use Code Amendments

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Advisory Committee and City Council meetings) have occurred since the inception of the project in 2004 and prior to the council’s action to initiate the code amendment process in July, 2006. Subsequently, ten meetings occurred prior to the adoption of downtown code amendments in July 2008. Two Planning Commission work sessions on the amendments have occurred since then, in addition to the Planning Commission and City Council public hearings. Notice of the public hearings was sent to all individuals who had participated in the previous round of code amendments approved by the council last July, as well as to all neighborhood associations. The package of downtown code amendments adopted in July 2008, addressed the /TD Transit Oriented Development overlay zone standards, clarified how floor area ratio is calculated and provided an allowance for the ground floor residential use in certain zones in the downtown area. At that time, it was anticipated that the next phase of amendments would be more complex in nature, requiring additional public workshops, review and analysis, and potentially lead to a new zone specific to downtown. However, in an effort to keep the project moving forward in a resource efficient manner, staff is currently implementing those changes that address the direction already received from community comments and the Planning Commission and approved by the City Council. The current set of downtown code amendments is intended to provide additional flexibility for downtown development while still achieving an equivalent or higher quality urban environment. The proposed amendments would be applicable only within the Downtown Plan area. The amendments would expand the Adjustment Review process to include regulations that previously could not be adjusted, provide a new set of comprehensive adjustment review criteria, and change or remove the applicability of certain regulations that currently apply to downtown development. 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 being the City’s sole responsibility. The proposed changes are in alignment with Citywide goals to increase cost recovery and reduce 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). Z:\CMO\2009 Council Agendas\M090608\S0906085.doc