City Council Study Session Agenda and Packet 2010 09 14

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COUNCIL COMMUNICATION TO: MAYOR AND CITY COUNCIL FROM: MALCOLM FLEMING, CITY MANAGER DATE: SEPTEMBER 14, 2010 SUBJECT: CONSIDERATION OF AN AMENDMENT TO THE LOUISVILLE MUNICIPAL CODE (SECTION 17.40) TO ALLOW FOR AN ADMINISTRATIVE PROCEDURE FOR SPECIAL REVIEW USES ORIGINATING DEPARTMENT: DEPARTMENT OF PLANNING AND BUILDING SAFETY BACKGROUND: Planning Commission directed staff to look at alternatives (such as administrative procedure) to the current Special Review Use (SRU) process. The request was primarily due to the recent influx of outdoor patio uses that have been brought forward to Planning Commission as Special Review Uses. Currently, Section 17.40 of the Louisville Municipal Code (LMC) does not provide an administrative process for any of the SRU applications. All SRU’s, regardless of scale and impact, must be processed through a public hearing process, which involves public meetings before the Planning Commission and City Council. The approximate length for this process is 60 to 90 days. Specific reviews for Zucca, Lucky Pie, and 701 Main Street (the Cactus Wheel) averaged 62 days. The LMC currently allows administrative processes for Planned Unit Developments (PUD) and Temporary Use Permits. Section 17.42 (Telecommunications/CMRS Facilities) allows for an administrative SRU process for alternative structure cell towers that are designed to look like trees and power lines, the design of which is left up to the discretion of the Planning Department. Staff researched communities within Boulder County as well as the cities of Wheat Ridge and Steamboat, where administrative SRU processes currently exist. Wheat Ridge has a Special Use Permit (SUP) process which allows all SUP uses administratively. Wheat Ridge has 8 criteria that need to be answered in addition to a neighborhood meeting that is to take place prior to the issuance of the permit.If the criteria cannot be satisfied, or if there is opposition at the neighborhood meeting, the application is then forwarded to Planning Commission and City Council for a public hearing. The City of Steamboat establishes specific criteria for each use eligible for administrative approval. If the use meets all of the criteria, it can be approved administratively. If the use does not meet all of the criteria, a complete public review is conducted. There is no public notification aspect to this process. If the director finds all of the criteria have been met, approval of the use is granted. CONSIDERATION OF AN AMENDMENT SUBJECT AGENDA ITEM TO THE LOUISVILLE MUNICIPAL CODE (SECTION 17.40) TO ALLOW FOR AN III ADMINISTRATIVE PROCEDURE FOR SPECIAL REVIEW USES 7