Council Planning and Public Works Committee

Summary

Meeting Overview

The Planning and Public Works Committee met on June 18, 2013, at 1:00 p.m., with Bill Farmer presiding. The committee addressed five agenda items during the session, which included approval of a summary, an informational presentation on exaction fees, first readings on two ordinances related to B1 ZOTA and adult day cares, and items referred to the committee that were ultimately withdrawn. The committee took nine votes and heard seven public comments during the meeting. The session resulted in one item being approved, one remaining informational, two items advancing to first reading, and one item being withdrawn from consideration.

Attendance

The following individuals were present at the meeting on June 18, 2013:

• Bill Farmer
• Jennifer Mossotti
• Linda Gorton
• Charles Ellinger
• Steve Kay
• Chris Ford
• Diane Lawless
• Julian Beard
• Harry Clarke
• Peggy Henson
• Kevin Stinnett

No members were absent or late.

Votes and Decisions

All motions during this meeting were decided by voice vote and passed unanimously.

Approval of Previous Minutes 3:31 A motion to approve the draft minutes from the previous meeting was made by Linda Gorton and seconded by Steve Kay. The motion passed.

Parking Requirements for Adult Day Care Centers 28:39 A motion to adopt revised parking requirements for adult day care centers, increasing the requirement from 4 to 10 spaces, was made by Chris Ford and seconded by Jennifer Mossotti. The motion passed.

Definition of Adult Day Care Center 30:00 A motion to adopt the definition of adult day care center with the addition of "who must be in a protective environment" was made by Chris Ford and seconded by Diane Lawless. The motion passed.

Definition of Day Shelter 35:12 A motion to adopt the definition of "day shelter" as a facility providing basic services during daylight hours to people with limited financial resources was made by Chris Ford and seconded by Peggy Henson. The motion passed.

Day Shelter as Conditional Use 36:44 A motion to make the day shelter a conditional use throughout applicable zones (P1, B1, B2, B2A) was made by Chris Ford and seconded by Peggy Henson. The motion passed.

Investigation of Rehabilitation Homes 48:11 A motion to investigate making rehabilitation homes a conditional use in P1, B1, B2, and B2A zones was made by Diane Lawless and seconded by Chris Ford. The motion passed.

Rehabilitation Homes as Conditional Use 55:09 A motion to make rehabilitation homes a conditional use in P1, B1, B2, and B2A zones was made by Diane Lawless and seconded by Jennifer Mossotti. The motion passed.

Forward B1 ZOTA to Council 1:44:17 A motion to forward the B1 ZOTA to the full Council with approved changes was made by Bill Farmer and seconded by Steve Kay. The motion passed.

Adjournment 1:56:11 A motion to adjourn the meeting was made by Charles Ellinger and seconded by Linda Gorton. The motion passed.

Public Comment

Seven speakers provided public comment on various zoning and land use matters during the meeting.

Economic Development and Exaction Program

Kevin Stinnett raised concerns about the impact of the exaction program on economic development land 2:00. He noted that 2,300 acres are available for residential or economic development and requested a review of the program's effects.

Social Service Facility Definition

Peggy Henson questioned the need for a new definition of social service facility 3:00. She asked for more documentation on why the Division of Planning proposed the text amendment.

Broadcast Tower Height Restrictions

Julian Beard raised concerns about height restrictions for broadcast towers 3:00. He questioned whether a 1200-foot broadcast tower would be allowed under the proposed height limits, noting that towers are typically exempt from zoning regulations.

Parking Requirements for Adult Day Care Centers

Steve Kay questioned the appropriateness of increased parking requirements for adult day care centers 14:41. He noted that the requirement was being raised from 4 to 10 spaces and argued that participants typically do not drive, suggesting the change may not be necessary.

Tattoo Parlor Zoning

Steve Kay questioned the logic of prohibiting tattoo parlors in P1 zones 1:16:43, arguing that they are similar to beauty shops and should be permitted. Later, Peggy Henson questioned why tattoo parlors were prohibited in the B2B zone 1:34:09, noting that they are allowed in other commercial zones and that the prohibition seemed arbitrary.

Hospital Prohibition in B2 Zones

Diane Lawless questioned why hospitals were being prohibited in B2 zones 1:32:06. She noted that hospitals are currently permitted in P1, B1, and B2 zones and that urgent care centers would still be allowed under the proposed changes.

Contested Items

The June 18, 2013 meeting included three items that generated significant disagreement among committee members.

Conditional Use for Rehabilitation Homes

The committee was divided on whether rehabilitation homes should require conditional use permits in P1, B1, B2, and B2A zones. Members disagreed fundamentally on the appropriate level of neighborhood input for such facilities. Some argued for greater community involvement in the approval process, while others questioned whether such restrictions were necessary at all. The vote was split, indicating the committee could not reach consensus on this zoning matter.

Prohibition of Tattoo Parlors in P1 Zones

A heated discussion erupted over proposed restrictions on tattoo parlors in P1 zones. The debate centered on whether tattoo parlors should be treated as prohibited uses or permitted similarly to beauty shops and other personal service businesses. Some members argued that tattoo parlors were functionally comparable to existing permitted uses and should not face special restrictions, while others supported the prohibition. This disagreement reflected broader questions about how to classify and regulate personal service establishments in residential zones.

Definition of Social Service Facility

Councilmember Henson raised procedural concerns about a proposed new definition of social service facility. Henson questioned whether the amendment had been sufficiently vetted and requested additional documentation from the Division of Planning before proceeding. This dispute was not primarily about the substance of the definition itself, but rather about the adequacy of the review process and whether the committee had sufficient information to make an informed decision on the matter.

Approval of Summary

The committee addressed the approval of the summary from the previous meeting's minutes 3:31.

Key Speakers - Linda Gorton - Steve Kay

Outcome The committee approved the summary of the previous meeting's minutes without dissent.

Exaction Fees

Chris King presented an overview of the exaction program during this agenda item. 3:00

The presentation covered the program's purpose, scope, and current financial status. The exaction program applies to specific expansion areas and funds infrastructure improvements including roads, sewers, and parks.

According to the presentation, the program has collected a total of $34.1 million in exactions. Additionally, $44.8 million in system improvements have been credited to the program.

This was an informational presentation with no formal action or debate recorded.

B1 ZOTA

40:35

The committee discussed proposed changes to the B1 zoning ordinance. The agenda item involved modifications to zoning regulations including new definitions, changes to height and yard requirements, and the addition of new permitted uses.

Key Speakers

The discussion included Bill Sallee, Chris King, Diane Lawless, and Peggy Henson.

Proposed Changes

The proposed ordinance amendments included:

• New definitions for zoning classifications
• Modified height requirements
• Adjusted yard requirements
• Addition of new uses including brew pubs and tattoo parlors

Committee Action

The committee approved several amendments during the discussion, including a change to make rehabilitation homes a conditional use in multiple zones.

Outcome

The ordinance advanced to first reading.

Adult Day Cares

The committee discussed the definition and zoning requirements for adult day care centers during this agenda item. 4:05

Key Participants

The discussion involved Chris Ford, Peggy Henson, and Bill Sallee.

Main Actions

The committee agreed to redefine adult day care centers as "day shelters" and to establish them as a conditional use in applicable zones. The committee also approved increased parking requirements for these facilities.

Outcome

The ordinance received a first reading.

Items Referred to Committee

During this agenda item, the committee took action to remove two matters from its list of referred items. 5:00

Linda Gorton and Chris Ford led the discussion on this matter. The committee voted to withdraw both exaction fees and adult day cares from the items referred to the committee, as these matters had already been addressed in previous proceedings.

The outcome of this discussion was that both items were withdrawn from the committee's referral list.