Saratoga Springs planning commission forwards code changes to implement state business-classification process

Saratoga Springs Planning Commission on Aug. 14 unanimously forwarded a recommendation to the City Council to amend Title 19 of the city Land Development Code to add definitions and procedures for classification requests and new or unlisted business uses.

The amendments adopt several definitions introduced in recent state legislation and add language to Chapters 19.02 (Definitions), 19.04 (Establishment of Land Use Zones and Official Map) and 19.13 (Development Review Process) to formalize how applicants seek classification for a business that fits an existing code use and how businesses that are not listed in the code must apply for review.

Senior Planner Jelen told commissioners the changes “are part of the recent state legislation” and that staff has prepared the code language to conform with that law. The draft ordinance creates two application types: a classification request for a business seeking to be placed under an existing use and an unlisted-use application for business types not covered by current definitions. Both application types would require a public hearing before the Planning Commission and then a final decision by the City Council.

The exchanges during the public hearing focused on two themes: whether the new process duplicates current practice and whether requiring City Council to be the land-use authority would slow business approvals. Commissioner Hill asked, “This is because of Senate Bill 179, correct?” and later warned the process “seems to be very business unfriendly and likely to drive some businesses to go to a neighborhood community rather than hassle with us as a city.”

City Attorney commented that the state language appears to require the legislative body to be the final authority: “it says that that determination still has to be passed on by the legislative body of the city,” meaning a staff determination would still be relayed to council under the draft language. Planner Jelen and other staff said the procedures largely codify what staff already does for many new uses and that staff will continue to try to fit new businesses under existing definitions when appropriate to avoid formal classification requests.

Commissioner Mann moved that the Planning Commission forward a recommendation for approval of the proposed code amendments to Chapters 19.02, 19.04 and 19.13 with the findings and conditions in the staff report; the motion was seconded and passed unanimously. The Planning Commission’s action is a recommendation to the City Council; the council will consider the proposed amendments as the land-use authority and may accept, modify or reject the changes.

The code amendments include a table in Chapter 19.13 that outlines the hearing and review sequence (Planning Commission recommendation followed by City Council decision) and a defined appeal process for applicants who disagree with a determination. Staff said it had reviewed likely business types and could not readily identify uses that would be forced into the new unlisted-use path, but acknowledged the state language constrained how the city assigned final decision authority.

The commission approved the minutes from its July 31 meeting and received several routine director’s updates at the end of the session. No members of the public spoke during the item on Title 19 amendments. The City Council will receive the Planning Commission’s recommendation at a future meeting for final action.