ADDENDUM of PROPOSED AMENDMENTS Westside Coalition of Neighborhood Association Amendments to the as of 10/4/17 Priority Subjects highlighted in yellow: 1. MAINTAIN COUNCIL ROLE IN REZONING OF LAND p. 458 6.7.E.1.a Amendment to Zoning Map EPC Threshold p. 462 6.7.F.1.a. 1 Amendments to Zoning Map- Council Text with WSCONA changes. That would amend the Official Zoning Map to change less than 10 gross acres of land located wholly or partially in an Area of Consistency, (as shown in the Plan), or less than 20 gross acres of land in a zone district located entirely in an Area of Change (as shown in the adopted Comp Plan) to a different zone district: Any application that would amend the Official Zoning Map to change 10 gross acres of land or more located wholly or partially in an Area of Consistency (as shown in the ABC Comp Plan) or 20 gross acres of land or more in a zone district located entirely in an Area of Change (as shown in the ABC Comp Plan) to a different zone district. EPC should have the same authority if has today, i.e., to be the final authority on rezonings less than 10 acres (not greater than 10 acres). Council should be retain the authority it has today to review all rezonings greater than 10 acres. 2. RETAIN MORE EPC AUTHORITY TO REVIEW SITE PLANS p. 431 6.6.E.1.b Site Plan-DRB Any application for a site less than 5 acres or greater that is not adjacent to Major Public Open Space (which requires review of a Site Plan-EPC under Section 14-6-6-6(F)). Environmental Planning Commission should maintain role to review commercial site plans 5 acres or greater.
Zoning Conve rsion Rules Text with WSCONA changes. 3. LEAVE C-3 HEAVY COMMERCIAL USES OUT OF C-2 ZONES NEAR NEIGHBORHOODS Non residential- Commercial Zone on the Westside NRC Zone needs major discussion. NR-C combining of C-2 and C-3 uses is too intense for adjacent neighborhoods. One option is to divide NR-C into two zones reflecting the existing C- 2 and C-3 zones. Another option may be to use some form of MX-M on the westside for some of the C-2 conversions. p. 139 4.3.D.12 Use Regulations c. Automatic car washes must be spaced 500 feet away from a residential zone. p. 141 4.2.1 Use Table- Adult Retail Support the removal of Adult Retail in the NR-C (Amendment F) and the MX-M (Amendment E). Heavy commercial uses are being added to C-2 shopping centers. LUPZ Amendment F added more uses incompatible with shopping center sites that are adjacent to neighborhoods. Automatic car washes have large noise from the machines and also outdoor activities of drying & vacuuming cars. Homes should be protected from this noise nuisance. Adult retail is not appropriate adjacent to neighborhoods. 4. ZONING CONVERSION MAP Extensive review of zoning conversions is needed citywide. Many SU-1 and SU-2 properties need to have thorough review of conversion for appropriateness. Rezoning SU-1 and SU-2 properties through a legislative process may not be legal. (See Flynn-Obrien Legal opinion.)
5. WALLS and FENCES p. 452 6.6.M.1 Wall Height over 6 feet Text with WSCONA changes. Amendment Q. Applicability. This subsection 14-16-6-6(M) applies to all applications for walls and fences over 3 feet in height located between the front or side façade of the primary building and an abutting public street. and to all walls and fences over 6 feet. The same process that is applied to courtyard walls should apply to walls over 6 feet and walls being raised to 8 feet. Combination of wall materials is a problem in existing areas where people have haphazardly raised wall heights with a different material than the original wall. 6. NEW VARIANCE AUTHORITY GIVEN TO EPC AND DRB pp. 445-447 6.6 Variances- EPC Need to discuss with staff. Appears to give even more authority to staff to change rules without the public knowing. This section is new and was not reviewed by the EPC. 7. PARKING IN RESIDENTIAL FRONT YARDS Parking in Residential Zones p. 265 5.5.F.1.a. 3 Parking in Residential zone districts or for low-density residential development built since January 17, 2007 is prohibited on any portion of the front yard setback other than on a driveway or drive aisle meeting the standards of this and the DPM. Parking in home front yards is a serious problem for neighborhood quality no matter when the home was built-- and must be addressed by the.
Text with WSCONA changes. 8. DEVIATIONS p. 101 2-7.4.D Deviations (VPO) Administrative deviations from View Protection Overlays are not allowed. Variations from these standards are only available pursuant to Section 4-16-5.2.K (Development Standard Variance), which requires a public hearing before the EPC. The applicant is required to demonstrate that the deviation provides either greater civic benefit or greater natural benefit than the standard. p. 135 3.4.1.3.4 (new) View Protection Overlay- Coors No deviations to these height restrictions are allowed. Brings forward the provisions from the Coors Corridor Plan. Need to ensure all provisions from Coors Corridor Plan are brought forward. The Coors Corridor View Protection Overlay regulations need more work.
9. DRIVE-THROUGHS Text with WSCONA changes. p. 188 4.3.F.3.b Drive Through Within 330 feet of Major Public Open Space, this use is prohibited for fast food service; other services shall require a Conditional Use Approval p. 188 4.3.F.4.c Drive-through facility Order Board p. 188 4.3.F.4.g New Drive through number Each stacking lane is limited to a total of 50 25 square feet of order board area. The order board should not be visible from the public street and must be screened by plant material if visible. The speaker used for ordering must be 500 feet from any residential zone. A second use on the same site must be spaced 1000 feet from the first use. A third use on the same site requires a Conditional Use Approval and must maintain the 1000 feet separation. Each use shall demonstrate Level-of-Service (LOS) C or better at all access points, and a LOS D or better at nearby intersections. Food drive-through facilities generate high traffic volumes, have order board clutter and loud speakers; therefore they should not be close to MPOS. Order boards can create a great amount of visual clutter on public streets and 50 square feet per lane is excessive clutter. The speakers should not be located near residential areas as activity can occur almost 24 hours. Phone apps can eliminate need to have large order boards. Pedestrian travel, ease of traffic flow in an area, and the functionality of a shopping center s access can be harmed by more than one drivethrough. More than two drivethroughs should be publicly reviewed. Drive-through traffic can spillover into the street and cause serious delay to general traffic.
p. 188 4.3.F.4.h New p.188 4.3.F.4.i New Drive through lane functionality Drive-through required parking 10. DENSITIES AND HEIGHTS p.210 Table 5-1-2 Mixed-use Zone District Dimensional Standards-Density, residential maximum/intensity p. 323 5.9.C Building Height Stepdown Text with WSCONA changes. The entrance to the drive through lane must be located 800 feet from the nearest driveway access to a public street. The drive through lane may wrap the building on only two sides. The drive through lane must be 200 feet from any residential zone. Drive-through use required parking must be adjacent to the use. MX-T 20 15 du/acre MX-L 30 20 du/acre MX-M 75 30 du/acre MX-H 125 50 du/acre Primary and accessory buildings constructed on a Regulated Lot with a height great than 30 feet shall reduce the perceived height of the building when viewed from the adjacent lots in the RA, R1, RT, RML, or RMC zone districts by stepping down building heights of any portion of the building within 100 feet of the front, side, and rear lot line to a maximum of 3026 feet high. Drive-through lanes create congestion at entrances to shopping centers. Drive through lanes that wrap the building on 3 sides make the building dysfunctional for access by walk-in customers. Required parking for walk-in customers should be adjacent to the building. Some drive through establishments are relying on shopping center parking where the customers must walk across busy drive aisles to get to the building. Proposed densities are increased 100-400% from existing zones. Requesting densities go back to reasonable levels. 26 feet is current requirement and offers a better transition to residential properties.
Text with WSCONA changes. 11. DESIGN REQUIREMENTS p. 329 5.11.E.1 Building Facades Downtown, Urban Center, Activity Center, and Main Street, and Premium Transit, and Major Transit areas. Need improvements to building facades on Other Streets as well. p. 332 5.11.E.2. b Seating and Gathering Areas- Other Areas Each primary building containing more than 60,000 square feet of gross floor area shall provide at least one seating and gathering area for every 60,000 30,000 square feet of building gross floor area, 1. Each required seating and gathering area shall be at least 400 square feet in size for each 60,000 30,000 square feet of gross floor area. Enhanced building facades are needed in Major Transit areas. Need changes to Other Street Building Facades. Change back to current zone code standard which allows for more seating area. 12. APPROVAL PROCESSES p. 377 6.4.C.1 Neighborhood Meeting,,,,the applicant shall have at least one meeting with a all RNA whose boundaries include or are adjacent to the subject project site before filing the application. Clarify that all qualifying neighborhoods must be included.
Text with changes in red strikeout old; underline new language p.391 5.4.20.A Finality of Decisions A decision on a matter by any entity shown in Table 6-1-1 is final unless appealed, in which case it is not final until the appeal has been decided by the last appeal body. p. 395 6.4.U.2.a. 2 p. 395 6.4.U.2.a. 4 p. 460 6.7E.3.2. a and other similar places Who may appeal? An owner of property within 100300 feet of the subject property, ignoring any intervening right-ofway width, who can demonstrate the showing of impact required by Subsection (b) below. Who may appeal? Amendment to Official Zoning Map- Review and Decision Criteria Any RNA whose boundaries include or are adjacent if the boundaries of the association include any part of the subject-site or any land within 600 to of the subject property, ignoring any intervening right-ofway width. a. There was an typographical or clerical error (as opposed to an error in the judgment of the approving body) when the existing zone was applied to the property. b. There has been a significant change in the neighborhood or community conditions affecting the site. c. A different zone district is more advantageous to the community as articulated by the ABC Comp Plan, as amended (including implementation of patterns of land use, development density and intensity, and connectivity), and other applicable adopted City plans(s). Reason for change Problem as applied to declaratory rulings which citizens may be unaware of or new circumstances present. Standing criteria should be the same as today, which is property owners within 300 feet. There should be no new requirement to show special and adverse impact. RNA should maintain current standing rights (600 feet) as the impacts of projects extend beyond property lines. Need to preserve the language of R270-1980 which does not identify error to be a typographical or clerical error.