2013_0603_packet - Laserfiche WebLink

Home

Similarly there are a number of other Statutes (462.355 Interim Ordinance, 29 462.358 Subdivision, 462.3595 Conditional Use Permits, 462.3597 Interim Uses, 30 and 462.357 Variances) that dictate processes the Community Development 31 Department must undertake, such as conducting public hearings and generating 32 reports to the Planning Commission (established under 462.3585), which are then 33 forwarded to the City Council for final action. 34 The Zoning Ordinance also includes specific processes and requirements that 35 need to be enforced that are not derived from any one specific Statute; signs, and 36 the regulations and enforcement of them, is one such item that comes to mind. 37 Another very important statute 15.99, or the 60-day rule, as it is referred to, is a 38 law is designed to compel a city to act on specific formal requests (platting, 39 subdivision, comp plan amendments zoning text and map changes, conditional 40 use, interim use, and variances) in a timely manner or 60-days. This law is fairly 41 strict in its application allowing extensions to the action timeline under certain 42 circumstances, like for requesting additional information and/or details germane 43 to the project and necessary to support or deny. 44 With all of this in mind, the City Council should discuss the role they desire in the 45 development decision and enforcement processes of the City, specifically through 46 the Zoning ordinance. To the extent that there is interest, the role of staff and the 47 limitations of the 60-day rule should also be kept in mind during this discussion. 48 TAH EXT MENDMENTISTORY 49 As the Council may recall, the Planning Division, at the direction of the previous 50 City Council, presented, at the February 11 City Council meeting, a detailed list 51 of items that required amendments. This list included numerous zoning text 52 amendments that the planning staff feels are needed as well as other sections of 53 the zoning ordinance and City Code that have not been updated for many years 54 (telecommunication and shoreland, wetland, and storm water requirements, 55 subdivision, sexually oriented business, notification distance, and Twin Lakes). 56 At this meeting, the City Planner reviewed with the City Council the list 57 (attached) of 30 items and received direction to move forward. 58 CI URRENTTEMS 59 On May 20, Councilmember McGehee removed five items from the Council’s 60 docket, three for action, to allow for additional discussion and consideration, prior 61 to final action and/or direction to the planning staff. The following three items 62 are zoning code text amendments the Planning Division is desiring to have 63 adopted. A brief synopsis of each is provided below: 64 The zoning code exempts church steeples, water towers, flag poles, and many 65 other tall structures from the maximum height limit in a given district, and 66 Planning Division staff proposes to add industrial silos to the list of 67 exemptions and will look further into other potential exemptions. 68 The initiation process for seeking zoning text and/or map amendments is not 69 consistent with State Statutes with respect to whom is allowed to seek such 70 amendments. 71 RCA_Discussion2_ZOAmdts_060313.doc Page 2 of 4