2009-54 AMENDING ZONING ORDINANCE - RECYCLING CENTERS - LANDSCAPE PLANS - PERSONNEL TITLES

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Excerpts from Plan Commission Minutes of July 2,2009 Cal. No. 09-31 Petition GREG C. CROWE, ASSISTANT CITY MANAGER, for amendments to the City of Decatur Zoning Ordinance (Ord. #3512, as amended). Ms. Stephanie Ashe was sworn in by Mrs. Janet Poland. Ms. Ashe presented the recommendation of staff: The current City of Decatur Zoning Ordinance was adopted in May of 2002. Since the time of adoption, Staff has discovered certain necessary changes, discrepancies and omissions as the new ordinance has been implemented, specifically in SECTION II. DEFINITIONS; SECTION XVI. M-1 INTENSE COMMERCIAL — LIGHT INDUSTRIAL DISTRICT; SECTION XVII. M-2 HEAVY INDUSTRIAL DISTRICT; and SECTION XXVIII. LANDSCAPING AND EXTERIOR LIGHTING. It is Staff's hope that these changes will make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment all the while keeping the charge of making Decatur a beautiful place to live, work and play. The recycling definition is more concise and will allow for smaller and less intensive recycling functions in the M-1 District as a permitted use. The Landscaping and Exterior Lighting Section is being amended to give more flexibility to those petitioners seeking alternative compliance for landscaping. This will now allow for all parking lot setbacks to be varied due to unique circumstances by providing twenty percent (20%) more landscaping points, subject to the approval of the Director of Economic and Urban Development. Also, this amendment allows an appeal process of the Director's decision on alternative compliance through the Zoning Board of Appeals. Lastly, the Department of Engineering and Infrastructure was approved by Council to change the Department's name to the Public Works Department and subsequently, that department's director to Public Works Director. Staff recommends approval of the amendments as proposed. Section XXIX.G. of the Zoning Ordinance requires the Plan Commission to hold a public hearing and make recommendations to the City Council on amendments to the Zoning Ordinance. A motion to forward Calendar Number 09-31 to City Council with a recommendation of approval is suggested. Mr. John Mickler asked if a recycling facility will have to be an enclosed structure. Ms. Ashe stated it does not. Mr. Mickler asked if it could be a fenced in area. Ms. Ashe stated yes. Mr. Mickler asked if there was definition of"temporary storage" which is mentioned in Section II, Recycling Center. Mr. Greg Crowe said the definition was in the Zoning Ordinance Definitions under STORAGE which states "the collection or display for more than three (3) consecutive days, or any part of a day for more than three (3) consecutive days, of any product, material, equipment, appliances, vehicles not in service, or personal property of any kind on an unenclosed uncovered area". Any storage less than three (3) consecutive days would be considered temporary. Mr. Shad Edwards asked if the fence could be a screen fence. Mr. Crowe stated any outdoor storage in an M-1 District has to be screened either by a six (6) foot high site break fence, or a six(6) foot high hedge, or similar landscape materials.