Discussion: 1) the City’s request to amend the industrial zones, and resolving conflicts, incorporating technical corrections and clarity, and add definitions to the Zoning Code; and 2) an applicant’s request to add the Amusement/Entertainment and Sales, Indoor land use as a Conditional Use Permit to the Light Industrial (LI) zone, and incorporating related provisions to the Specific to Uses section and definitions.

The Zoning Code was adopted by the City Council on November 1, 2011, to replace the former Land Development Code.  Since its adoption, the code has been amended several times to address procedures, add clarity, resolve conflicts, address planning initiatives (accessory dwelling units), incorporate applicant’s requests (West University Drive Entrance Sign District), and to address changes in state law and U.S. Supreme Court decisions (i.e. Reed vs the Town of Gilbert).

The proposed amendment contains two parts.  The first part of the proposed amendment is the City’s continued effort to resolve conflicts, make technical corrections, and incorporate clarity into the Zoning Code. The second part is a proposed amendment by the applicant (North Pole Experience) to amend the list of land uses for the Light Industrial (LI) zone to add the Amusement/Entertainment and Sales, Indoor as an allowed use subject to the approval of a Conditional Use Permit.

Part 1 – City’s Proposed Amendments
Organized primarily by section number and topic, below is a summary of the proposed Zoning Code Text Amendment (Attachment 1).  The most significant modification is the correction to the adoption of the Industrial Zones (10-40.30.050), including scrivener's and table errors pertaining to the allowed uses and the building form provisions. Even though the codified version of the zoning code includes the intended allowed uses and the building form provisions of the Industrial Zones, the City Council adopted ordinance and resolution (Ordinance No. O2011-20 and Resolution No. R2011-35) references the residential zone provisions in place of the industrial zone provisions.  Incorporated into these changes is the land use term modification from “Lodging” to “Travel Accommodations”. The purpose of this change is to utilize an industry and North American Industry Classification System (NAICS) term for the land use.

A vast majority of the remainder of the proposed modifications are intended to resolve discrepancies between the originally adopted ordinance, subsequent amendments and the codified version of the zoning code.  In addition to these modifications, the proposed text amendment includes corrections to section cross-references, technical modifications, and table formatting.  Also, the amendment includes a term change from “horse fencing” to “corral fencing”.  The purpose of this modification is to eliminate the need for a decision/interpretation to allow fencing of this type for other animals that are kept in corrals of similar nature.  Finally, a definition for a Fuel Pump Sign has been included.  Currently, this sign type is not defined.  The proposed definition, “A sign mounted above, and integrated into the structure of, an operable fuel dispensing pump.” is to eliminate the need for an interpretation of the zoning code as it pertains to what a fuel pump sign is.

Part 1 – Summary of the Staff Revisions to Zoning Code
 

1. Temporary Use Permits (Section 10-20.40.150.D): Change the term Temporary Signs to Portable Signs.
2. Industrial Zones – Allowed Uses (Section 10-40.30.050.B):  Delete and adopt the list of land uses allowed in the Industrial Zones to correct the adoption, scrivener's and table errors in Ordinance No. O2011-20 and Resolution No. R2011-35.  In addition, the land use term Lodging has been changed to Travel Accommodations.
3. Industrial Zones – Building Form Standards (Section 10-40.30.050.C):  Delete and adopt the building form standards of the Industrial Zones to correct the adoption, scrivener's and table errors in Ordinance No. O2011-20 and Resolution No. R2011-35.
4. Sustainability Features of All Non–Transect Zones (Section 10-40.30.070.A): Incorporate technical corrections to the Sustainability Features table.
5. T1 Natural (T1) Standards (Section 10-40.40.030): Add Wind Energy Production Facility as an allowed sustainable feature.
6. T3 Neighborhood I (T3N.1) Standards, and T3 Neighborhood 2 (T3N.2) (Sections 10-40.40.050, and 10-40.40.060): Correct the Dormitories and Fraternities/Sororities Land use in the Allowed Uses to require a Conditional Use Permit.
7. T6 Downtown (T6) (Section 10-40.40.100) add Bed and Breakfast as a permitted use.
8. Thoroughfare Assemblies (Section 10-60.10.090): Add the provisions of thoroughfare assemblies into this section.
9. Additional Technical and Term (Sections 10-40.30.050, 10-40.40.100, 10-40.60.280, 10-40.60.310, 10-50.50.040, 10-50.100.060, 10-50.100.100, 10-50.110.080): Incorporate various technical modifications and cross references errors.
10. Definitions, “S” (Sections 10-80.20.190) Add the term Sign, Fuel Pump to the list of definitions.

 Part 2 – Applicant’s Proposed Amendment
The applicant’s narrative (Attachment 2) includes a summary of the proposed Zoning Code Text Amendment, and a Regional Plan and required Zoning Text Amendment findings analysis.  The applicant’s request would facilitate the addition of a new land use (Amusement/Entertainment and Sales, Indoor) to the Light Industrial (LI) zone, subject to the approval of a Conditional Use Permit.  Also, the amendment includes a definition of the proposed use, use specific requirements, and additional use of specific Conditional Use Permit findings. The proposed text for the amendment without the applicant’s narrative is included as Attachment 3.

The Light Industrial (LI) zone is one of five zones in the Zoning Code that are primarily intended to implement the Regional Plan’s land use designation of Employment Center “Employment.” Intended to provide a transitional zone between commercial and heavy industrial land uses, the Light Industrial (LI) zone also assists with the Employment land use’s purpose of providing “… for continued growth of the existing employment centers and encouraging the reuse of underutilized, vacant or obsolete commercial and industrial spaces…”

The addition of the proposed use has the potential of assisting to implement the Regional Plan’s Employment and land use policy objectives to encourage the reuse of underutilized, vacant or obsolete commercial and industrial spaces.  As proposed, the use would allow property owners additional flexibility to partner with businesses and tenants to use indoor areas for art festivals, including performances and workshops, fairs, and other holiday and seasonal events that require large indoor volumes for a limited time period (A total of 98 days in any one calendar year, and no more than 98 consecutive days.) Also, the use would allow businesses and event operators to co-locate their operations in a single location, adding to the flexibility of the Light Industrial (LI) zone. Some potential uses require the warehousing (an allowed use in the Light Industrial) of operational materials off-season and sale merchandise in preparation for an upcoming seasonal event.  Also providing the property owners and tenants greater flexibility ((LU 1.6) of the Regional Plan), other uses in the zone, such as trade schools and Light Industrial, General could utilize the proposed use for seasonal activities such as a product and trade fairs, promotional activities, performances, etc. that could occur within or near its operational facilities.

Recognizing the purpose of the zone, the Employment land use, and Regional Plan policies to protect existing more intensive businesses and land use operations from uses that may not be appropriate or have conflicting characteristics, the applicant’s request is to allow the Amusement/Entertainment and Sales, Indoor use, subject to the approval of a Conditional Use Permit.  In addition to the standard Conditional Use Permit findings, the proposed amendment incorporates two additional findings to ensure compatibility with existing uses of a development, and the uses on adjacent property.  These additional findings are intended to evaluate the proposed and existing uses on the property and on adjacent properties so that there are:
 

1. no operational characteristic conflicts between the uses; and
2. to ensure that there is no undue risks to the proposed use’s customers due to being located near more intensive land uses.

Also, as indicated above, the use would be allowed for no more than a total of 98 days in any one calendar year, and no more than 98 consecutive days.

In addition, the applicant’s proposal includes use-specific development standards to mitigate potential conflicts between the Amusement/Entertainment and Sales, Indoor use’s pedestrians and passenger vehicles and large trucks and the operations of loading bays, service areas or truck yard facilities that may occur on a property.  These development standards include requiring the:
 

1. Access to the building area and customer parking for the use, not be located on the same façade or side of the building that has loading bays, service areas or truck yard facilities;
2. Customer parking for the use is to be clustered together, located nearest to the uses primary public entry/exit, and signed for customer’s exclusive use during the use’s operations; and
3. A pedestrian route from the customer parking to the primary public entry/exit that crosses any drive aisle to be signed and mark to notify the pedestrians and vehicle traffic of the crosswalk.

Findings
At a subsequent meeting, the City Council will be requested to approve the proposed amendments based on the required findings specified in the Zoning Code.  For your reference and discussion purposes, the required findings are specified below.

1. The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan;
2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

Community Involvement
In accordance with State Statute and the Zoning Code, the work session before the Planning and Zoning Commission was advertised in the Arizona Daily Sun on May 4, 2019, which will be held on May 22, 2019.  As of the date of this memo, staff has not received any comments from the public.

Timeline
The anticipated timeline for the amendments is as follows:

• May 22, 2019 – Planning Commission Work Session
• May 29, 2019 – City Council Work Session
• June 12, 2019 – Planning Commission Public Hearing
• June 25, 2019 – City Council Public Hearing (1^st Reading of Ordinance)
• July 2, 2019 – City Council Hearing (2^nd Reading of Ordinance/Adoption)
• August 2, 2019 – Ordinance Effective Date

Conclusion:
As indicated above, the purpose of the work session is for staff and the applicant to present an overview of the proposed amendments to the Zoning Code, to allow interested individuals, residents and business owners to provide comments.  Also, the work session is to allow for the Council to ask questions, seek clarification, have discussions, and offer comments on the proposed amendments. No formal action is to occur at the work session.  Additional opportunities for discussion, public comment, and action by the City Council will occur at a future public hearing.