ALAN HARI (Exhibit 79) Zoning Ordinance Amendment Public Hearing Presentation lan Hart, Community Development Director April 5, 2016 Introduction: ‘We are here tonight to conduct a Public Hearing on an Amendment to the Zoning Ordinance, which is a City-initiated text amendment designed to clear up ambiguous language in the June 2, 2015 Amendment as well as add language to provide the Mayor and Board of Aldermen with the ability to place restrictions (in addition to conditions) on Large Master Planned Commercial Developments. Exhibit 1, which is included in your Board Packet, is a copy of the Notice of the Public Hearing. Review and Discuss the Amendment Language: ‘The adoption of this amendment will repeal the June 2, 2015 Amendment. The Amendment replaces the “Service Station” definition in Section 21 with “Any area of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel, ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include incidental services such as facilites for lubricating, washing (cither automatic or by hand), and cleaning, or otherwise servicing automobiles and light trucks. ‘This term does not include the painting or major repair of vehicles.” Setting the definition apart from the original version, the word “propane” has been added to the list of items that can be sold. It is common practice to sce propane sales at most services stations. The words “other fuels” is also added to accommodate other energy efficient technologies, The words “and/or the sale or installation of” has been added to further clarify how automobile accessories can be sold, This revised definition has been the historical interpretation, but itis proposed in this format to be more descriptive ‘The addition of the Large Master Planned Commercial Development definition and the addition of the use to Section 410.02.M in the C-2 District will be the focus of most of the rest of my presentation. The definition of a Large Master Planned Commercial Development is “Any large commercial development consisting of one (1) or more contiguous parcels that may be individually owned, separately owned, or ground leased tracts or parcels that meets the following criteria, among the group of tracts or parcels: (a) contains at Ieast one building for occupancy for retail/wholesale purposes exceeding 100,000 square feet of heated and cooled space for the indoor display and sale of goods, (b) is a site with a minimum of 15 contiguous acres, and (c) has access to an Arterial Street. Before any land may be defined as a Large Master Planned Commercial Development, a site plan thereof shall be approved by the Mayor and Board of Aldermen. The Mayor and Board of Aldermen may impose conditions or restrictions as part of the approval. Large Master Planned Commercial Developments may include any of the uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru ATM's, and other banking facilities; Food product and carry-out and delivery stores, Page 1 of 7laundry and dry cleaning pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen in one (1) or more locations not exceeding an aggregate of 15,000 square feet.” Exhibit 2 - 2014 Zoning Ordinance with Amendments #1 and #2 A copy of the 2014 Zoning Ordinance is inchided for your convenience in considering the proposed Amendment. There are a few things about this Exhibit that should be called to your attention: 1. The existing Shopping Center definition defines the use as “A group of commercial establishments, planned, developed, and managed as a unit, with adequate off-street parking facilities provided on the property and related in its location, size, and type of stores to the trade area or neighborhood which the unit serves.” The Shopping Center definition has no square footage size restriction, but Section 410,02 (Land Uses Permitted in C-2 General Commercial) requites there to be a minimum of 3 acres and access to an existing or proposed arterial. This definition is very similar to the Large Master Planned Commercial Development. We find the importance of promoting “the development of well-planned shopping centers and independent (free-standing) commercial uses” in the Purpose of the C-2 General Commercial District, This Section also describes the intent that shopping centers be properly developed in a manner that facilitates “access between adjoining properties and to reduce the number of curb cuts onto arterial streets”, which is supportive of the importance we are placing on site master planning. 3. We further can find that purpose of the C-2A General Commercial District is to allow for certain general commercial uses to locate on arterial streets “because of the volume of traffic located in these areas.” A\ll the primary uses allowed in the Large Master Planned Commercial District can be found in the C-2A District because these uses are contemplated where there is appropriate access to a major arterial street. The Mayor and Board of Aldermen retain the ability to place certain conditions and restrictions upon the development in order to accomplish the purpose of the District for which the use is located, 4. You should also take note that Section 600.10.A states that “City-initiated amendments shall follow statutory procedures instead” of other requirements listed in Section 600.10. This reflects our historic practice. Despite these requirements, I believe a full review of this amendment will reveal that the amendment is not designed to single out a small parcel of land, the amendment is in the public interest and not only for the benefit of land owner, the amendment is consistent with the Comprehensive Plan, and the amendment does not create an isolated district unrelated and incompatible to adjacent districts. Moreover, careful consideration of continued economic development throughout the City of Ridgeland mixed with this amendment’s minimum standards as well as the Mayor and Board of Aldermen's ability to place certain conditions and restrictions on the use satisfies a public need, Ridgeland’s economic development efforts translate into the Page 2 of 7city’s ability to provide important city services including public infrastructure, police protection, fire protection, and quality of life improvements, Exhibit 3 - 2014 Zoning Map A copy of the 2014 Zoning Map is included for your convenience in considering the proposed Amendment. This Map illustrates the location of C-2 Districts, in particular, as well as the other Districts where C-2 Uses are allowed. Exhibit 4 - State Statutes A copy of numerous State Statutes that establish the requirements for municipal Zoning Laws are included for your convenience. As previously stated, The City of Ridgeland may be required to follow some or all of these statutes when considering this proposed amendment. We should rely on legal counsel to advise us if all legal requirements have been met. Exhibit 5 - 2008 Ridgeland Area Master Plan The 2008 Ridgeland Arca Master Plan (also known as RAMP) serves as the foundation for the 2009 Comprehensive Plan and subsequent 2014 Future Land Use Plan. There are numerous references throughout RAMP regarding the importance of Master Planning and the importance of high quality development. In direct response to these references, the definition of the Large Master Planned Commercial Development establishes minimum standards as well as the ability for the Mayor and Board of Aldermen to place specific conditions and/or restrictions on an individual application for a specific site. Exhibit 6 - 2009 Comprehensive Plan ‘The 2009 Comprehensive Plan contains numerous statements and policies that are supportive of is Amendment: 1. The Purpose of Ridgeland’s “Comprehensive Plan is to serve as a policy guide for the physical and economic development of the city...” Much like RAMP, the ‘Comprehensive Plan references the importance of “higher quality developments” and goes on to state that the “city intends to foster... quality-related) polices that will make [Ridgeland] a more competitive community.” 2. In the overview section of the Plan, it states that a “community plan should contain policies that foster growth that enhances the community, rather than ‘no growth’ policies.” This section also clarifies that “zoning....regulations must be based upon a comprehensive plan” and that the Comprehensive Plan's “purpose is to serve as a cd guide” the governing body can use to take action on “physical development Page 3 of 73. In Chapter One, it states that the “goals and objective of the Ridgeland Comprehensive Plan and the continuous, comprehensive planning process are to provide guidance for rational response to change.” Policy 20 states that the City should “strengthen the entire community by working with developers to carefully plan the location and design of business establishments...” The Goal for Commercial Development is “to strengthen the ‘entire community by carefully planning the location of shopping centers and the design of business establishments.” 4. Policy 29 states that “New shopping centers and business establishments will be located in areas in close proximity to their service population and will be designed so as to coincide with the existing architectural features of the area.” Policy 29.1 states “The City of Ridgeland will encourage the location of neighborhood shopping centers within two miles of residential areas at the intersection of major arterial streets.” Policy 29.2 states “The City of Ridgeland will encourage the location of regional shopping centers along its highways.” Policy 29.3 states “The City of Ridgeland will encourage the location of ‘general shopping centers or commercial areas along major arterial streets and the highways leading into the city.” Major Arterial Streets are classified in the Comprehensive Plan as Principal Arterials and Minor Arterials. The proposed Ordinance requires that these sites be located on Arterial Streets. 5. Policy 45 states that the City of Ridgeland should “require minimum lot size for a new commercial development where subdivision of land is proposed, so that lot sizes do not encourage numerous curb cuts; or to require services drives for access. This Policy is very supportive of master planning concepts. 6. Policy 56 provides guidance for considering rezoning applications. It is anticipated that opposition to this amendment may ask the Board to treat this as a rezoning application Although this city initiated zoning ordinance amendment is not filed as a rezoning application, even if it were, the amendment comports with the guidelines in Policy 56. Policy $6.1 states “The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.” You will see in a subsequent Exhibit that there are 17 parcels that appear to currently meet the minimum. acreage and zoning requirements, Policy 56.2 states “There is clear and convincing evidence that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group.” This ordinance is designed to permit the Large Master Planned Commercial Development use city-wide and for the benefit of citizens. This amendment complies with numerous other Policies of the Comprehensive Plan that demonstrates general public interest. Policy $6.3 states, “There is clear and convincing evidence that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not ‘merely uses which applicants state they intend to make of the property involved.).” Again, this amendment is not based upon an individual's rezoning application; however, we can offer a response to this Policy with respect to creating a new use classification. Every primary use listed in Large Master Planned Commercial Development definition is allowed in C-2 and C-2A, which are all zoning districts Page 40f7represented by the “General Commercial” category of the Comprehensive Plan and Future Land Use Plan. Every eligible site complies with these standards. Policy $6.4 states “The proposed change must not create an isolated district unrelated and incompatible to adjacent districts.” The response to this policy is similar to the response to Policy $6.3, I would add that compatibility is considered when developing a Future Land Use Plan, Every use afforded by the Large Master Planned Commercial Development designation fits the General Commercial definitions shared by the ‘Comprehensive Plan and Zoning Ordinance. Policy 56.5 states “There is clear and convincing evidence that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed.” Again, all these uses are compatible and consistent with the standards of the Comprehensive Plan and Future Land Use Plan. These uses will be secondary to the minimum 100,000 square foot retailer business, which is already permitted out-right in the underlying C-2 use district of the Zoning Ordinance, The proposed amendment provides for the Mayor and Board of Aldermen to place certain restrictions and conditions atthe time of application so as to ensure compatibility with an individual site's unique circumstances. Policy 56.6 states “The proposed change is in accord with the comprehensive plan and sound planning Principles.” With this presentation, you should be able to find that the proposed amendment is consistent with the requirements of the comprehensive plan. From a planning principles standpoint, this proposed amendment places emphasis and importance on master planning around a site’s unique characteristics and gives leverage to the Mayor and Board of Aldermen to place certain conditions and restrictions with respect to context sensitive design of architecture, arterial street access, landscaping, soreening, ete. . The Comprehensive Plan offers us guidance on Location Criteria of land uses and states that “Shopping areas and entertainment centers such as shopping malls, restaurant areas, cultural centers and educational complexes should be in convenient proximity to living areas. They should be in centrally located areas and on sites adequate for their purposes.” Each proposed site for a Large Master Planned Commercial Development is located on an Arterial Street centrally located near residential areas primarily along Highland Colony Parkway, Interstate 55, Highway 51 and Old Canton Road, As stated previously, the adoption of this Ordinance Amendment would not be contrary to the General Commercial illustrated on the Future Land Use Plan. ‘The Comprehensive Plan specifically identifies land along U.S. Highway 51, Old Canton Road, County Line Road, Highland Colony Parkway, and I-55 as the preferred location for furure commercial development. Each site identified as a potential site for a Large Master Planned Commercial Development occurs within one of these locations. ‘The Comprehensive Plan specifically defines General Commercial as a category that “includes zoning districts C-2, C-2, C-3 and C-6 far flexibility in developing commercial land.” This Plan goes on to state “These areas should include businesses in which the principal activity is conducted indoors. However, certain land uses that involve some outdoor activities could be permitted in these areas. Examples of outdoor activities that would be included are car washes/vacuum cleaner stations and quick car care elinies. Page Sof 7ul This land use classification would include shopping centers as well as independent ‘commercial uses.” The proposed amendment is consistent with this statement. . In the Findings and Recommendations section of the Land Use Section of the Comprehensive Plan, there is a recommendation that “Convenience commercial uses can be easily absorbed into the C-2 or C-2A zones, rather than a stand-alone zone. The C-3 zone should be eliminated or called the Neighborhood Commercial Zone and restructured ‘more tightly for use in selected residential areas.” This language is further support for the importance of master planning developments and retaining the ability to place certain conditions and restrictions near residential areas. The Comprehensive Plan provides guidance regarding commercial development along Highland Colony Parkway. Eight of the 17 sites eligible for the proposed Large Master Planned Commercial Developments occur along this corridor or in very close proximity. The Plan finds that “Highland Colony Parkway is the logical location to support future retail and commercial development” and that “Future development along the Highland Colony Parkway corridor must be held to standards that meet or exceed the character of existing development along the parkway. These standards include architectural appearance, landscaping, signage, compatibility of land uses, open space and other factors that result in high quality development.” This guidance places even more emphasis on the importance of master planning to ensure that these factors are considered. ‘The Comprehensive Plan also contains a Transportation Plan which identifies that “all highways, arterials, and collector streets are considered to be major streets.” The proposed amendment requires that the Large Master Planned Commercial Development be limited to the major street classification of Arterials, which is illustrated on the Future Land Use Plan as “Principal Arterials” and “Minor Arterials”. Each identified site for this use is located with access to one of these type Arterials. The 2012 Transportation Plan serves as an update to this section of the Comprehensive Plan; however, these findings are consistent. Exhibit 7 - 2014 Future Land Use Plan A copy of the 2014 Future Land Use Plan is included for your convenience in considering the proposed Amendment. The underlying designation for the Large Master Planned Commercial Development classification occurs within the areas categorized as General Commerc Exhibit 8 - 2012 Transportation Plan A copy of the 2012 Transportation Plan Update is included for your convenience in considering the proposed Amendment. There are numerous programmed ad planned projeets that impact the arterial network over time. Each improvement is designed to improve the level of service, Traffic impacts should be carefully considered when evaluating individual proposals Poge 6 of 7that apply to be a Large Master Planned Commercial Development. In some cases, it may be best fora traffic impact analysis to be prepared. Exhibit 9 - Current Map of Properties Eligible for Large Master Planned Commercial Development A copy of a Map illustrating 17 locations believed to currently be eligible for the Large Master Planned Commercial Development designation is included for your convenience. This map illustrates undeveloped sites that meet the minimum underlying zoning classification, the minimum 15-acre requirement, and the requirement to have access to an arterial street. This map also illustrates other undeveloped sites and underlying commercial zoning that does not currently meet the minimum requirements as proposed, but which could potentially be assembled at a later date, Recently, I have been contacted by 3 national tenants that are watching with interest the consideration of this amendment and are considering three to four of the 17 identified locations. ‘Once again, I want to remind you that this proposed Amendment allows the Mayor and Board of Aldermen the ability to place conditions and restrictions on each of the 17 sites upon application for development of any one of them. These conditions and restrictions will be useful in approving site plans that address each site’s unique characteristics such as compatibility with adjacent property, context sensitive design, street access, traffic volume, hours of operation, light pollution, and buffering requirements. Each site is as unique as each development can be expected to be. Conelusio This ordinance amendment provides the Mayor and Board of Aldermen the ability to properly ‘manage development approvals while at the same time the ability to preserve Ridgeland’s competitiveness in attracting economic development prospects. I would like to make this report Exhibit 10 of the record. Page 7 of 7