Committee forwards broad zoning-code update that adds special-exception review for gas stations

The Zoning and Annexation Committee voted Jan. 12 to forward Bill 80-25 (third substitute) to the Committee of the Whole with a favorable recommendation. Michael DeVita, assistant director of planning, and Mark Dela Cirito, zoning specialist, presented a package of mostly modest changes intended to streamline the development-review process, reduce repeated variances, and modernize code language adopted in 2020.

Staff highlighted several practical changes: relaxed material and landscaping requirements for trash enclosures that are not visible from the street; allowing certain previously hard-to-approve building-widths by-right where the Board of Zoning Appeals repeatedly granted variances; an exemption for electric-vehicle charging stations from some accessory-structure rules to encourage installation; and a set of clerical fixes to align chapter 21 with other parts of city code (including chapter 19 street-tree rules).

One of the substantive policy shifts would require gas stations — currently allowed by right in many commercial and industrial districts — to obtain approval through a special-exception process (Board of Zoning Appeals review followed by council action). Staff said the change is intended to increase public review and give council members more oversight because gas stations can be difficult to repurpose and may have traffic, noise or environmental impacts when sited near residences. Staff proposed a similar special-exception requirement for beer, wine and liquor sales and for tobacco/hookah/vaping uses in some districts.

DeVita and Dela Cirito noted several provisions from earlier drafts were removed from the current substitute for additional study, including proposals related to ADU owner-occupancy and increasing duplex allowances. Council members asked detailed questions about curb cuts, temporary-sign maximums and minimum lot sizes for vehicle sales; staff said the ordinance would establish a minimum lot size where none exists now and described temporary-sign baseline durations (30 days with renewals and an indicated maximum period discussed by staff).

Committee members expressed support for shifting sensitive uses to the special-exception process and for clarifying technical rules that produce repeated variances. A motion to forward Bill 80-25 with a favorable recommendation passed on roll call with four ayes. Staff said a second round of more topical updates is expected in the coming months.