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HomeMy WebLinkAbout821-OB DATE: September 17, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for amendments to the Zoning Ordinance, Sec. 28.03.023 (e), Sec. 28.04.008(28), Sec. 28.03.02(e), Sec. 28.04.008(29), Sec. 28.01.004(b) and Sec. 28.03.020(b) and to the Subdivision and Site Development Regulations, Sec. 26.03.004 and Sec. 26.04.002 FILE: 821-OB STAFF REPORT The Planning Manager recommends approval. Staff is recommending that a number of amendments be made to the Zoning Ordinance and Subdivision and Site Development Regulations. Amendments to the Zoning Ordinance reflect clarifications. Amendments to the Subdivision and Site Development Regulations reflect changes to the time limit allowed for the installation of sidewalks and to alternatives to the completion of improvements as it pertains to sidewalks, all as part of the platting process. The recommended amendments are as follows: Sec. 26.03.004, Sidewalks Amendment: A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk requirements for that lot are met. When platting, sidewalks shall be installed before the final plat may be filed or a bond or cash payment as allowed by section 26.04.002(1) or (2) may be provided that guarantees the sidewalk will be installed prior to the final building inspection. If the lot is not developed within two (2) five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. A building permit includes the construction of any sidewalk that my be required for that lot. Sidewalks with a minimum width of four (4) feet shall be constructed under the following conditions: (1) Residential. (A) To complete an existing sidewalk system. STAFF REPORT cont. (B) Within new subdivisions. (C) On all arterial and collector streets. (D) On all A safe school routes @. A Safe school routes @ shall be those which have been developed and designated by the planning and zoning commission with necessary assistance from the transportation division and appropriate affected school authorities. (E) Sidewalks shall have a minimum width of four (4) feet if built a minimum distance of two (2) feet from the back of the curb. Sidewalks constructed at the back of the curb shall have a minimum width of five (5) feet. 2. Commercial and industrial. (A) To complete an existing sidewalk system. (B) Within new subdivisions. (C) On all arterial and collector streets. (D) On all A safe school routes @. A Safe school routes @ shall be those which have been developed and designated by the planning and zoning commission with necessary assistance from the transportation division and appropriate affected school authorities. (E) Sidewalks shall have a minimum width of five (5) feet. 3. The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. Sec. 26.04.002, Alternatives to completion of improvements. Amendment: In lieu of requiring the completion of all improvements, except sidewalks (see (5) below), prior to the approval and the recording of the final plat, the City Manager or his designee may, at his discretion, enter into an agreement with the subdivider whereby the subdivider shall provide one of the following guarantees: 1. The applicant shall post cash, a payment of performance bond, or an irrevocable STAFF REPORT cont. letter of credit payable to the City of Beaumont in an amount equal to 130% of the estimated cost. This amount shall include the City=s cost of administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with the City or in escrow with a bank at the option of the City. Such bond or letter of credit shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the City Manager or his designee and shall be incorporated in the bond or letter of credit. In those cases where a bond or letter of credit has been posted and the required improvements have not been installed within the terms of the bond or letter of credit, the government body may thereupon declare the bond or letter of credit in default and require that all of the improvements be installed. 2. If a bank escrow is chosen, or if a letter of credit is submitted, the subdivider shall file with the city an agreement between the bank and the subdivider guaranteeing the following: 1. That the funds of said escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any other matter during that period; and 2. That in the case of a default on the part of the subdivider, the bank shall immediately make the escrowed funds available to the city for use in the completion of the required improvements. 3. In those cases where improvement guarantees have been made under the provisions of this section, the amount of the required guarantee may be reduced by the city manager upon acceptance of the dedicated portion of the required improvements. The amount of the reduction shall not exceed the percentage which the newly accepted improvements are of all originally required improvements. In no case, however, shall the guarantee be reduced to less than fifteen (15) percent of the original amount. Upon acceptance of the dedication of the final portion of improvements, the city shall authorize the release of the remaining portion of the improvement guarantee. 4. Connections to city utilities shall not occur until all improvements, except for sidewalks, have been accepted by the city and the final plat has been approved and recorded. 5. On collector and higher classification streets, sidewalks are required prior to the approval and recordation of the final plat. On non-major streets, in lieu of requiring sidewalks prior to the approval and recording of the final plat, the subdivider will place a note on the plat that sidewalks are required STAFF REPORT continued prior to the final building inspection and will deed restrict each lot requiring the owner of each lot to construct the sidewalk prior to the completion of the structure and the final building inspection. Sec. 28.01.004(b), Definitions Amendment: Family Community home. A residential home for no more than six (6) disabled persons and two (2) staff persons and meeting all of the requirements of Vernon=s Annotated Civil Statutes, art. 1011n. Sec. 28.03.020(b), Urban Corridor Overlay District Regulations, Definitions Amendment: Sign. portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Sec. 28.03.023(e), Permitted Use Table Amendment: Add Special Condition 28 to SIC Group 703 Sec. 28.04.008(28) Amendment: (28) Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks. Sec. 28.03.023(e), Permitted Use Table Amendment: Add Special Condition 29 to SIC Group 5813 Sec. 28.04.008(29) Amendment: (29) For the purpose of this ordinance, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, Drinking Places. This definition shall not include eating places that serve individuals from the individual=s own bottle or private stock.