DATE: December 18, 2014
TO: Franklin Municipal Planning Commission
FROM: Catherine Powers, Director of Planning and Sustainability
Vernon Gerth, Assistant City Administrator, Community and Economic Development
Subject
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Consideration of Ordinance 2014-37, Amending the Zoning Ordinance by Removing Section 2.4.2 (11) Entitled Amendments or Revisions Approving Development Plan or (PUD) Concept Plan or PUD Regulating Plan and Section 2.4.2 (12) Entitled PUD's Approved between July 1, 2008 and January 10, 2012, and to Replace with a New Section 2.4.2 (11) to be Entitled Amendment or Revisions to an Approved PUD Development Plan, Concept Plan or Regulating Plan and to Renumber Successive Sections Accordingly. (12/18/14 FMPC 7-0) THIRD AND FINAL READING (03/10/15 BOMA 8-0)
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Purpose
The purpose of this memo is to provide information to the Franklin Municipal Planning Commission (FMPC) concerning a Zoning Ordinance Amendment that would amend a section of the ordinance pertaining to revisions requested by applicants to approved PUD Development Plans.
Background/Staff Comments
The Zoning Ordinance adopted in 2008 contained a section pertaining to amendments/revisions to concept plans and regulating plans. These regulations dealt with the primary changes to concept/regulating plans but did not provide guidance for many of the changes frequently requested such as changes to typical lot sizes or setbacks. On January 10, 2012, the amendment section was revised to allow 10 percent increase in density and a 10 percent decrease in open space without the FMPC or the Board of Mayor and Aldermen (BOMA) approval.
On June 24, 2014, the Zoning Ordinance was revised to replace RX with Specific Development - Residential District (SD-R) density to the zoning rather than the Development Plan and automatically eliminated the 10 percent allowance fro increase in density.
In the past several months, the number and complexity of development applications has increased substantially. Additionally, the requests for amendments to existing Development Plans have also escalated.
As staff processes requested amendments, it has become obvious that the revisions requested such as changes to typical lot sizes, setbacks, and location of open space were not delineated in the lists contained in 2.4.2 (11) (a) (b) (c) and (12) (a) (b) (c).
Staff has compiled a comprehensive list of amendments requests and which entity should review and approve the amendment.
The amendment requiring FMPC/BOMA approval are related to changes in use or major revisions to the plan, which will impact external to the development.
The amendments required to receive FMPC approval are regulatory and have impact to the aesthetic or function of the development.
Finally, staff may address the amendments not mentioned in the BOMA or FMPC categories but reserves the right to forward any amendment to the FMPC, BOMA, or DRT for Review.
This amendment has been vetted through the Design Professionals and the Joint Conceptual workshop.
Both Design Professionals and elected officials have mentioned concern regarding subjectivity related to deciding what is a major change to a development plan. This discretion has always existed, the amendment is an attempt to simplify and clarify the process and provide clarity regarding the path for a particular amendment.
The Planning Commission voted to recommend approval to the BOMA. Staff requested deferral of consideration in order to update the ordinance to include information on the Vesting Property Rights Act of 2014.
A new section has been added to the ordinance, which will return to the FMPC if successful at the BOMA.
Recommendation
recommendation
Staff recommends a favorable recommendation to the BOMA.
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