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Board recommends text amendments to fix code errors, clarify citizen-participation and pre-application rules

2111684 · January 8, 2025
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Summary

The Planning and Zoning Board unanimously recommended approval of textual amendments to the Land Development Code (Phase 2) that correct scrivener's errors, restore intended permissions for indoor recreation uses, and clarify when citizen participation plans and pre-application meetings are required.

The Planning and Zoning Board unanimously recommended that City Council approve textual amendments to the Land Development Code (Phase 2) intended to correct scrivener's errors and to clarify public-notice and pre-application requirements.

Staff explained that during the recent comprehensive update to the Land Development Code a footnote limiting certain uses to 5,000 square feet was inadvertently applied to indoor recreation uses in commercial zoning categories. The change made several existing, larger indoor recreation facilities technically nonconforming, staff said; the amendment restores the prior status so indoor recreation is permitted where it had been allowed before the error.

Staff also presented edits to clarify which applications require a citizen participation plan (CPP) and when pre-application meetings are needed. The amendments specify that projects containing multiple related applications (for example, annexation plus land-use change plus rezoning) generally require only one CPP and one pre-application meeting rather than separate meetings for each submittal. Staff noted that site plans for projects like the flex-warehouse example discussed earlier are administratively approved and that major changes in density, trips or overall design remain subject to public hearing as defined in the code.

Board members discussed whether transfers of ownership or long gaps between approvals and construction should trigger an additional CPP; staff noted the code already defines major versus minor alterations to approved plans and that site plans are typically valid for five years. The board asked staff to consider parameters for when a second CPP should be mandatory, and staff said they would meet with development stakeholders as part of ongoing phase-two revisions.

No letters were filed on the text amendments. Following discussion, the motion to recommend approval (Case T24-00005) was moved and seconded; the board voted unanimously to forward the text amendments to City Council.

Staff said Phase 2 will continue as an iterative, chapter-by-chapter effort and that additional clarifications may return to the board for review.