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HomeMy Public PortalAboutAB 06-087 Attachment24 March 2006 To: City Council From: Don Bailey cc. Roger Millar, Lindley Kirkpatrick, Michelle Groenevelt Subject: "Legislative Intent" for Chapter 7, Special Districts, Section 3.7.03 Scenic Route Zone Apparently there is some misunderstanding of some of the language in the subject adopted code section. The section in question is reproduced below; as I was the author of the language in question, I offer the following intention for the sections in question (highlighted below). The problem the P & Z Commission intended to solve with the revised language (from the old code) was how to control the appearance, etc (see 3.7.030) for structures which were out of the 150 foot zone width as defined (see 3.7.031), but were quite visible from the Scenic Route itself. For example, consider the hanger structures within the airport boundaries, very visible from the Highway, but outside the 150 foot zone. Or consider the properties along the Highway, south of Elo Road (in the Impact Area); some of these clearly extend to the east further than the 150 foot limit of the Zone; there is one property with some very unattractive "industrial" metal buildings at the rear (east) of the property, but this is a residential zone. So the intent of the language in section 3.3.031 B. was to apply the requirements of scenic route design approval to those structures which were outside the zone boundaries, but easily visible from the scenic route itself. Thus, the developers of such structures would be required to submit plans for Design Review per Chapter 16 as applicable to the zone on which the structures would be built. However, this section was not intended to extend the limits of the zone itself; it remains at 150 feet. Therefore, the height limit as specified in section 3.7.032 C. applies to those structures within the zone, not to some expansion of the zone. Now, the above was the intended result of the revised language in the new code; perhaps it should be clarified somewhat in the future. In the interim, I strongly recommend that City Staff . apply the above "intent" as I have indicated and not require new building heights be limited to 35 feet for structures beyond the 150 foot zone limit where a higher limit would be permitted in the zone in question (i.e. a Commercial or RI zone). We should only require that the Design Review requirements of Chapter 16 be applied as noted. 3.7.03 Scenic Route Zone 3.7.030 Purposes To preserve, maintain and improve visual access from public collector and arterial streets and to improve the visual quality of existing streets and adjacent uses, and control the visual quality of future development. To preserve and maintain the scenic quality of Warren Wagon Road, East Side Drive, East Side Road, State Highway 55, and other routes as defined below. 3.7.031 Lands Included The Scenic Route Zone includes: A. One hundred fifty (150) foot wide strips of land bounded by the right-of-way lines of the following named streets, and by lines parallel to and one hundred fifty feet away from such right-of-way lines, together with any right-of-way not part of the roadway: 1. State Highway 55, from the southern boundary to the northern boundary of the Impact Area (Third Street and Lake Street). 2. East Side Road and East Side Drive from Lick Creek Road to Warren Wagon Road. 3. Warren Wagon Road to the northern boundary of the Area of City Impact. 4. Lick Creek Road from the intersection of Spring Mountain Boulevard. east to the eastern boundary of the Impact Area. 5. Spring Mountain Boulevard. from Deinhard Lane to Lick Creek Road. rd 6. Deinhard Lane from 3 Street (Highway 55) to Spring Mountain rd Boulevard. and from 3 Street (Highway 55) to Boydstun Street. 7. Boydstun Street from Deinhard Lane to West Lake Street (Highway 55). 8. Mission Street and Norwood Road to boundary of the Area of City Impact. 9. West Mountain Road, including the proposed eastward extension to Boydstun Street or Deinhard Lane, extended to the western or southern boundary of the Area of City Impact. B. Any structure or a portion thereof which may be visible when traveling along the roadways above and any part of which is located on a lot any portion of which is within one hundred fifty (150) feet of the nearest right-of-way line of a road named in this Section or designated pursuant to this Section; such a structure is subject to Design Review and approval under Chapter 16, Design Review, of this Title, notwithstanding that portions of the structure are not on land that is within this Zone. C. Upon the approval by the City Council of the Airport Master Plan, lands within the AP Zone District will not be subject to the requirements of § 3.7.03. 3.7.032 Requirements for Development Prior to the issuance of a building permit, and prior to any clearing, grubbing, excavation, or other construction (including removal of any existing structures or improvements), the owner shall apply to the Commission for approval of a site plan. Procedures for the processing of the application shall be governed by the procedural rules set out in subsection H below. A building permit shall neither be issued, nor any such work or construction undertaken, until approval of the site plan and design approval of proposed structures in accordance with Chapter 16. A. The Applicant shall furnish graphic or pictorial material sufficient to indicate the nature of any proposed development or improvement to include signing and landscaping, and an indication of obscured views, if any. B. The Commission shall ascertain whether the proposed development, improvement or use will: 1. Block or disrupt the visibility of significant views or features. 2. Be compatible (in terms of setback, bulk, height, design, finish materials, signing and landscaping) with its immediate surroundings and the desired visual quality of the scenic route. C. The maximum height for any structure is thirty-five (35) feet. D. Setbacks: All structures in subdivisions platted after March 16, 2006 are to be setback from the property line not less than seventy-five (75) feet, except that where the lot is within any residential zone, commercial zone, or industrial zone, the setbacks provided for such Zone shall govern instead. The setback requirements for parcels along South Third Street (Highway 55) from Deinhard Lane to the south boundary of the Impact Area are as follows: 1. Adjacent to, or within, three hundred (300) feet of a street intersection, the setback will be ten (10) feet. 2. Otherwise, the setback will be thirty-five (35) feet.