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8 15 05 Work Session Zoning & Subd Update r& 5DB~ ~~~ MEMORANDUM August 12, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: August 15, 2005 Work session The work session on the Updated of the Zoning and Subdivision Ordinance will be held from 4 p.m. to 6 p.m. on Monday, August 15, 2005 in the Library auditorium. Dinner will be served at 6 p.m. in the second-floor Rotunda. Attached is information for that work session. kJl1. Michae C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, Corporation Counsel Jeanne Schneider, City Clerk Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager " "' " MEMORANDUM August12,2005 TO: FROM: Michael Van Milligan, City Manager Laura Carstens, Planning Services Manager~ SUBJECT: Information for August 15 Work Session on the Update of Zoning and Subdivision Ordinances This memo transmits information for the City Council's August 15 work session on the Update of the City's Zoning and Subdivision Ordinances. The work session is scheduled for 4 to 6 p.m. in the Library Auditorium. This meeting is a joint work session with the Zoning Advisory Commission and the Citizen Advisory Committee. At this work session, the consultants will review and discuss the enclosed critique of the Zoning and Subdivision Ordinances, and their proposed structure of the revised ordinances as a Unified Development Code. At this work session, the consultants will need a decision on whether to proceed with a Unified Development Code or with separate Zoning and Subdivision Ordinances. The requested action is to distribute this information to the City Council for their review prior to the August 15 work session. Enclosure cc Barry Lindahl, Corporation Counsel Jeanne Schneider, City Clerk Kim Mickelson, Lane Kendig, Inc. Dubuque Land Development Ordinances repair function has evolved into several separate specialties: tire, oil changes, mufflers, transmissions, and engine repair. For this reason, it is important that the code be structured to withstand future market changes without compromising its intent or legal integrity. The second technical issue is how well the code guides development. Does it produce development of which the community is universally proud? The final section provides our recommendations for what to keep and what to change to improve the quality of development and to ensure consistency with the City's Comprehensive Plan, and our recommendations for reorganization and technical improvements. About this Review and Critique The review and critique presents a road map for the preparation of the new land development regulations. The goal of this step is to provide a up-to-date, comprehensive, user-friendly document that will implement the goals of the City's 2002 Comprehensive Plan. In the process of revising the current regulations we will have discussions with both city officials and developers. The intent of the critique is to allow all of us - Consultant, City Staff, Citizen's Advisory Committee (CAC), Planning Commission, and City Council - to adequately address the most significant regulatory issues and to collectively decide on the policy directions, organization, and content of the UDC prior to ordinance drafting. You will note a series of "decision points" in the margin of this document. These decision points are for which we must receive policy guidance as to how the City intends to proceed. It is important to the timely progression of the Project, that we have thoughtful discussion and direction on these points-probably among others-at the workshop scheduled for August 15,2005. Revision Process and Tentative Schedule The process of revising and updating the City's development ordinances will occur in modules, with each containing a number of articles of the proposed new code. Upon receiving input from the CAC The decision points highlighted in this review and critique include questions for which we are seeking direction from the City as to how to proceed in drafting the regulations. Page 2 Dubuque Land Development Ordinances and City staff, as well as related city boards 1 and City Council, each of the articles will be revised and submitted as Interim Drafts ready for the next level of review. ORGANIZATION Ordinances and regulations are best organized in a way where the provisions that are referenced most often are located toward the front of the code and lesser-referenced provisions are toward the back of the code. For instance, a citizen is typically interested in the zoning of their property, its permitted uses and intensities (height and area requirements), and any required performance conditions. In the same way, major landowners and developers who utilize the code on a more regular basis must also be able to determine its requirements and the procedures for developing their property. The use of highly readable tables that consolidate the information into a single place towards the front of the document helps to ease the understanding and navigation of the code thereby minimizing confusion and the need to cross-reference multiple sections of the code. Current Organization - The current regulations are comprised of several separate chapters in the City Code, and stand alone ordinances: there are three separate provisions for signs, a subdivision control ordinance, a manufactured home ordinance, separate historic preservation ordinance, and the zoning ordinance. They use widely different structures, divisions and numbering systems. Additionally, there are other development regulations scattered throughout other chapters of the Code, including floodplain regulation and sign provisions. The City should consider consolidating these regulations. The separation of all of these development regulations into separate documents does not lead to a user-friendly document or system. The user must go back and forth between ordinances, and hope they have the most current version. For example, definitions are found in all these separate ordinances, creating a risk that the definitions are not exactly the same. Combining the zoning, subdivision, and all related regulations into a single code can eliminate potential conflicts. Compiling similar regulations together is also important-such as the sign regulations. For purposes This will include the Planning Commission, the Zoning Commission, the Board of Adjustments, the Historic Commission and the Sign Review Advisory Committee. Decision Point- Should the ordinances be kept as discrete documents, or should they be combined into a unified development code (UDC)? --If a UDC is developed, should any specific ordinances be maintained separate and outside the UDC? Page 3 Dubuque Land Development Ordinances of this cntIque, we anticipate bringing the historic preservation ordinances into a UDC or a zoning ordinance, but do not anticipate changing any of the terms. The order in which material is presented is the second aspect of organization. The order of the articles is not the same in the zoning and subdivision ordinances, particularly relating to standards and administration. A user-friendly code should be designed to let the casual reader find the information they most often seek easily and quickly. The basic user has already been defined as lay citizens and business people. What information do these individuals most want to find? · What their land is zoned; · What they can build on their land; · Any limitations or restrictions that apply to their land; · How many dwelling units, accessory buildings, or maximum square footage of structures they can build on the land; · The purpose of the district; and, · The required process to develop, improve or expand their property. The first few articles are largely boilerplate. They are essential legal -- uninteresting for the average citizen, business person, or even Planning Commissioners. Only a person seeking to challenge the regulations is concerned with the legislative basis for the regulation (Article I); such a person seeks some weakness in the purpose and policies the code seeks to implement. This limited use of the code dictates this section's placement toward the back of the code. We have found a UDC to be the most user-friendly option because of many of the reasons we have laid out above, and will recommend that the City select this option. With this in mind, we have proposed the following UDC structure: basic information sought by casual users (sections 1-8), technical information sought by advisors such as engineers, architects or development agents (Sections 6, 9-12), and detailed process and legal information sought more often by specialists in the field, such as planners and attorneys. Obviously, there will be users in each group who use other sections; but they then know the technical information sections are in the middle of the Code. The Proposed Structure is shown below. Decision Point -Is the proposed structure and organization of the new Unified Development Code acceptable? Are there any requested changes? Page 4 Dubuque Land Development Ordinances Table 1, Code Layout PROPOSED STRUCTURE Unified DeveloDment Code 1. Jurisdiction and Zoning Districts 2. Uses Permitted, including limited and special exceptions. 3. District Intensity and Bulk Standards 4. Site Capacity and Environmental Standards 5. Nonconformities 6. Signs 7. Historic Preservation Regulations and Design Standards 8. Subdivision and Land Development Standards 9. Parking, Loading, and Lighting 10. Landscaping 11. Modulation of Standards 12. Administration 13. Procedures and Enforcement 14. Puroose 15. Legal status 16. Definitions Page 5 Dubuque Land Development Ordinances STRUCTURE OF THE CURRENT REGULATIONS Definitions and Standards The way material is presented is very important. The first element is to be clear about what is being written. The current code was adopted in 1989, and follows the traditional manner of permissible uses: uses are listed within the text of each district, rather than displayed in tables. Lists are difficult to use for several reasons. If a person wants to open a business, they have to guess in which district it is most likely to be permitted. If they guess wrong, they must check other districts until they find the desired use. If a use is permitted in several districts, then, in the listing format, the search process continues. Tables present all the permitted uses to be arrayed in a single location, displaying all the districts in which a use is permitted. In general, lists are lengthier than tables in presenting similar information. The current zoning ordinance uses a short-hand approach to save space, indicating that all uses permitted in another zone are permitted in this zone (for example, all uses permitted in C-2 or C-3 are permitted in C-4). This requires reviewing more sections than necessary for the casual or first-time user, when the information could be presented more simply. It also necessitates increased navigation of the ordinance, which adds time and lessens the usefulness of the ordinance. Other problems with use lists are that they can be applied inconsistently from district to district, and they can be repetitive. The table is a unifying element. Permitted Uses Displayed in Table 2, Permitted Uses, is an outline of the broader categories of uses contained in the ordinance, and which are subject to more specific standards or permits. Uses The total number of uses in the current ordinance is very high, with some repetition. This appears to have resulted from the minute management of similar types of uses. As a rule there is little need for more than 70-80. In the current codes there are many examples of uses that are very similar but listed slightly differently in different districts probably because the uses were added at different times in response to Page 6 Dubuque Land Development Ordinances particular applications. There are numerous variations on types of retail uses. There are obsolete uses or terms used, and uses that are common today are not addressed. Today communities treat bed and breakfasts differently than tourist homes and motels which are currently lumped together. Bed and breakfast, convenience marts, big box uses, and drive-in or drive through uses are not present even though some are considered difficult or troublesome uses in many communities Attempting to class industrial into heavy and light is very difficult. Most industry today is light involving little pollution. Since the Clean Air Act and the advent of EP A, industry has largely been cleaned up. A far more performance oriented method of distinguishing industrial uses is more useful due to the changes of the last 30 years. Most metal stamping plants were considered to be a heavy industry because of noise, heat, odor thirty years ago. Today, it might be producing very small products of plastic or light metals where material can be received and product shipped by parcel delivery trucks. While it is still technically a stamping mill, it is a very different type of use. We recommend placing broader categories of permitted uses in the zoning ordinance, and then creating a limited or conditional use process for difficult uses within the broader categories. The limited or conditional use process is an administrative procedure, where if certain conditions and performance standards are met by an applicant, then the use must be allowed. The City Council makes the initial legislative determination that these types of uses may be appropriate, and establishes the conditions, standards, and requirements, such that the application becomes merely a process of the staff applying the written standards to a particular application. This type of process greatly streamlines the development review and permitting function, and adds a level of certainty for those submitting an application that they will be approved if they comply with the standards - and the standards uphold a higher quality of development. One of the problems with detailed lists is that they are never complete, which we presume has been the case in Dubuque with a growing use list over time. How different, in terms of traffic and impact on the community, are a clothing store and a clothing and accessory store? A second problem with long lists is there is no real need for a distinction between certain uses, for example, between stadiums and arenas. For both uses, parking will occupy most of the land and hence the impacts Page 7 Dubuque Land Development Ordinances for which protection is warranted are the same. The approach of a concept like "retail business," where a long list of uses is considered to be a single use, is recommended. Overall, in the Dubuque ordinance, conflicting definitions do not appear to be a problem. The information on uses could simply be presented in an easier-to-read fashion. The notion of scale or other performance criteria is important to industrial uses. There was a time in the first two-thirds of the last century when looking at a use made it fairly easy to classify as heavy (obnoxious) or light (clean) industries. This has changed with the advent of environmental regulations and new technologies. For example, a stamping mill was formerly classified as heavy industry, with loud machines stamping out wheels or fenders. Today, a stamping mill can produce fine components for electronic uses, be in a small masonry building, receive raw materials, and ship finished products out by parcel delivery service. No noise can be heard outside the building. As with scale in commercial areas, performance standards - rather than use - can address many of the real or perceived incompatibilities. There are very few temporary uses in the current ordinance; we believe more could be added. Special events, model homes, garage sales, and temporary concrete or asphalt plants are some of the uses that might be considered to be added here. Overall, our recommendations on the use issue is that many uses can be combined and the general use table streamlined. A current permitted use table has been prepared as a separate document to illustrate the length of the list of uses. "Difficult" Uses Even as we recommend simplifying the use structure, we recognize that in every community, there are objectionable or "difficult" uses. Sometimes these are similar from one community to another, but sometimes they are very community-specific. Therefore, one of the major discussion points will be which uses are most objectionable in Dubuque and should be subject to additional standards and review procedures-such as through a special use permit or limited use process. A special use permit would follow the entire re-zoning public hearing and notice process, while a limited use might be administratively allowed once certain standards are met. In either process, the City Council retains legislative control. Such uses might include funeral homes, crematoriums, adult uses (sexually oriented Decision Point: What are the specific uses that may be classified as "difficult" uses requiring special standards and review procedures. Examples may include 'moral' issue uses, slaughterhouses, residential daycares, manufactured home parks, cotton mills or gins, etc. Page 8 Dubuque Land Development Ordinances businesses), landfills, auto repair and paint shops, and heavy manufacturing or rendering plants. Other uses that generate complaints include those with noise or smells, such as both small and large animal veterinary clinics, fast food restaurants adjacent to a residential neighborhoods, clubs or restaurants with outdoor seating areas that frequently have live bands, prisons, and shooting ranges. Manufactured and Mobile Homes Manufactured homes are generally considered a "difficult" use. While they often provide an important element of affordable housing, near-by residents in "site-built" neighborhoods are often concerned about the effects of such uses, whether on individual lots or within manufactured home subdivisions or parks, on the value of their property and appearance of the area. This use will be treated separately since the City already has a separate code for this use. This use needs to be treated as a land use in the UDC, with the separate ordinance repealed. Mobile homes should continue to be removed and not allowed as a new land use. Separate procedures for the approval of manufactured home parks are not necessary, provided the development complies with zoning and subdivision provisions, and provided that performance standards are clear and are met. In combining the manufactured home park ordinance into the UDC, that Chapter becomes duplicative and can be eliminated, including the application forms, procedures, and all the street design standards. Sign Regulations As noted, there are three separate provisions for signs in the current regulations. These need to be combined. This Project scope does not include a rewrite or total revision of the sign regulations; that can be a difficult project on its own, and time consuming. Council may want to consider updating those regulations separately after completion of the UDC; the provisions will be located in one Article, which can be easily amended or replaced. Sign regulations need to find that balance between community aesthetics (number, location. and size of signs), business development (availability of information to potential purchasers-may want more, bigger signs), and legal limitations. There can be an exchange, for example, in square footage of signage allowed in exchange for shorter, Decision Points: · Should the City adopt standards for industrialized housing? Ifso, to what extent? Page 9 Dubuque Land Development Ordinances monument type of signs. Landscaping can be required around signs. Certain design standards can be required of signs. Awnings with business names can be encouraged, and unique standards for historic areas, such as downtown, should be adopted. Billboards and portable or temporary signs are also issues that need to be addressed. The designation of certain corridors as scenic will help eliminate billboards, and standards for portable and temporary signs, such as banners, can be used to encourage business and tourism. Signs are a controversial issue because of the balancing act being attempted. Where the sign regulations need to go will be clearer after the UDC regulations are near completion, but definitely need to be addressed so that signage does not undermine the other elements of land development addressed in the UDC. Historic Preservation and Special District Regulation Historic Preservation is an important element in Dubuque. There are _ historic districts and substantial design guidelines for each district. Historic designation is another form of zoning and should be included in the UDC. The Historic commission has recently updated its regulations and guidelines, and these will not be revised; we propose only that they be included in the regulations. The City of Dubuque also has numerous housing, sign corridor and special overlay districts. Again, these regulations should be brought into the UDC or Comprehensive Zoning Ordinance, and be simplified where appropriate and possible. Use of Graphics and Illustrations The understanding of existing regulations can be greatly improved with the use of graphics to depict the requirements. Graphic illustrations that explain how particular regulations are applied are helpful in the public understanding the regulations, but are also useful for the staff in administering them. Graphics can also be used effectively to clarify otherwise potentially confusing definitions. Setbacks, bulk, landscaping and sign requirements are examples of regulations particularly suited 'LANTl'INrr OPTIONS ~,~_~.,'~~.~^_~.___~~'11:-'~_~:.~_~~.~,~!':_~~.~~_,,1 I~~,~~ _ ,., m,. r ' STANDARD ,.,......"-,,,.,.. I .. 'LANTUNIT: l'o..J t<J.4;lUt........,.T... _ .. lS '.....-,...'" I I OP110N" " .,....... _"T.. : .-., - "." ....""'.n~. " I sl..,p ........ l-t ~ ~J.'Ano~ j ,., ~ 'OPTION. , ".. .....v....... 'tI ,,~,:::.- !-..~ t.._OM. ornON C 1 :~'u."''''':_I':r'f\.. I I' n.l.of"-"u............,. I J)"q.I.r:.......... H ..~.lr.3N"\. o .I....T..' OPTION D ; ~,<~.o,;_.v~u .. '~I..'''',,~ Page 1 0 Dubuque Land Development Ordinances for graphic illustration. Additionally, the development review process can be graphically illustrated with flow diagrams to clearly define the steps in the process. Such a format offers an overview of the steps in their approval while also establishing the time frames for consideration and development approval. Another technique that can be used to add clarity is to add explanatory information throughout the regulations. The new Code will contain a significant number of tables, graphics, text boxes highlighting specific information, and illustrations. Other explanatory information can include commentary or examples of how the regulations are applied. Modem word processing allows the use of numerous fonts, so italics or font changes can highlight the material. The current regulations have no graphics, again a product of the times in which it was drafted. Graphics are important to the modem zoning code and should be used to a maximum extent to provide clear understanding of the concepts. This is true in the text and in the definitions, where concepts like setbacks and yards or words like "abutting" can be illustrated to make them easier to understand. TECHNICAL ASPECTS OF THE REGULATIONS There are a number of technical elements in the current regulations that need to be refined and resolved while drafting the Code. Simplifying and putting the uses and parking requirements into a tabular format are among the most important. A related element is the elimination of obsolete terms and ensuring that modem concepts are included. There are major elements missing from the ordinance, such as cluster development, mixed use options, resource protection, and landscaping standards, which all provide critical elements of community character and enhancement, as well as development creativity. For example, the agricultural district - as written - promotes residential sprawl while the use of cluster development options will promote continued agricultural uses. A cluster development option will allow the preservation of pasture land and trails. Incentives should be considered to encourage development in the city limits and to preserve farmland. ~ Decision Points: · What is an appropriate size for a larger residential lot? · What is appropriate for clustering? · Would Council be interested in incentives to in-city limits development? What would those include? Dubuque Land Development Ordinances Overall, design standards will be a topic of much discussion, even outside the historic and overlay districts. The community preference survey taken to date indicated a preference for urban types of development, but with certain aesthetics. Regulating development does not have to mean regulation of every minor detail of a building. However, sign standards, height, and minimum landscaping are all details of the built environment that contribute to the streetscape of the community, and can be reasonably managed to allow property owners adequate use and return on their investment, as well as protecting the public interests in what development leaves with the community. Subdivision Standards The subdivision ordinance is a fairly straightforward and is a typical ordinance. Additionally, cluster development regulations will go a long way in addressing some of these concerns and providing protection for adjacent or downstream property owners and the City from over- intensification of development. The subdivision ordinance does not apply outside the City limits unless the development connects to municipal utilities. This may be a factor limited by state law, but if annexation of any land is contemplated, the City may wish to consider expanding the applicability of subdivision regulations to the extent allowed by law, and in coordination with the County. Park dedication fees are prohibited in Iowa, so we will need to look at alternative methods to meet the community's park needs. Platting fees should be handled by a City Council resolution, state and local law allowing. First, fees should be reviewed to determine whether they are adequate to cover a significant portion of the City's actual costs. Through adoption by resolution, the City Council may revise them more easily than ordinance procedures may require. Districts, Uses and Permitting Districts The Zoning Ordinance currently has 25 zoning districts: 6 residential districts, 6 commercial districts, 4 industrial districts, 3 office districts, 4 planned development districts, one agricultural district, and one public open space district. The districts themselves are numerous for a Decision Points: · What is an appropriate and legal requirement to meet the community's park needs? . What subdivision improvements, e.g. lakes, drainage basins, trails, etc., are desirable? . Should private streets or gated communities be permitted? Under what circumstances? Decision Points: · Is a PUD ordinance necessary given the scale of development in Dubuque? · Are the use of performance standards more appropriate thereby allowing certain uses and mixed uses by right rather than rigorous submittal and a lengthy review process? . Can parks and public open space be incorporated in all districts? Dubuque Land Development Ordinances City the size of Dubuque. In structuring the new Code, care will be taken to establish standards that allow for a minimum of districts, yet allow for expansion of district types over time. This will be accomplished by making use of an outlining structure allowing amendments without disrupting the flow of districts. We will propose combining some current districts to reduce the number of districts. Even so, it is likely that the new Code will still contain several residential and commercial districts, given the layout and topography of the City. It will be important to clarify the purposes of each district. In the current regulations, it is not clear whether C-2 is intended to be for neighborhood or larger-scale shopping centers. C-4 would be more appropriate as an urban district. Whether or not auto- urban uses have been constructed, such as those lining each of the major roadway corridors, correlating the standards for the district with the district purpose will ensure compatibility of development. The PUD section is not well written. There is only a limited allowance for residential and commercial mixed use and more so a non-residential form. As a result, there is not a real mixed use development form allowing a true mixture of residential and non-residential uses. If use of the PUD district in Dubuque is similar to other communities, most PUDs are requested only for minor changes in lot sizes (normally reductions) or minor mixes of use. How the district actually works, versus how the regulations are currently written, needs to be further explored. Our general approach is to utilize performance standards allowing mixed uses and a wider variety of uses in some districts, and do away with PUDs altogether except on large-scale developments that merit more elaborate review and control. Given recent development trends in the community, there may not be a need for PUD regulations at all since there has been only modest development in phases of just a few lots. Absent statutory requirements for a specific, separate district, the Public Open Space District could easily be omitted, and public uses handled through a special permit or limited use process, or simply be allowed by-right with applicable performance standards or a site plan review process. This is likely the case legally in many instances whereby uses by another, "higher" governmental entity, such as the County or Federal Government, have the right to locate where they determine appropriate. The problem with a mapped PU District is if a Page 13 Dubuque Land Development Ordinances public use vacates the site, then rezoning is likely mandatory for the next property owner, which is a time-consuming process. We will offer for consideration a "housing palette" - a list of alternative housing options - all within the same residential districts, with performance and development standards to ensure compatibility. A wide range of housing choices allows for affordability at various levels, and allows homeowners to upsize or downsize their living arrangements within the same neighborhood, retaining the same community ties and relationships over the years. Dubuque appears to have a wide variety of living options available, and a housing palette should continue that trend and fulfill the goals of your various housing redevelopment districts. One of the positive aspects of the current code is that sections are quite short and divided into consistent topics with short paragraphs and sentences, which is a desirable writing style. In general, most of the text is clear, with only a little legalese in some places. Additionally, administrative matters, such as the applications for various processes and permits, fee schedule, and design standards are not contained in the ordinances themselves. This is an administrative benefit because ordinances have specific, time-consuming amendment requirements, while administrative or financial lists or matters are not subject to notice and hearing provisions and may be more easily amended. Page 14 Dubuque Land Development Ordinances Applications and Procedures The City Planning Department has very well designed and readable application information available. We may want to incorporate these materials in an Appendix to the revised regulations, and make sure they are on the website. Submittal requirements should be adhered to, and applications not accepted until all information is received in hand by staff. Any differences between practices and policies need to be corrected-the two should be consistent. Formalizing elements of the land development application processdoesn't necessarily mean that the process becomes longer or more burdensome. Indeed, the use of established procedures and checklists often provides clarity to all participants and streamlines the application process. The application process and regulations can also be streamlined, or incentives built into the process to enable an applicant to get through the process easily. Obviously, state law imposes certain requirements on zoning change applications, and streamlining or expediting the process for those may not be possible. However, by eliminating repetitive uses and districts, and developing clear standards, many decisions can be made administratively. The City Council has to be clear in their delineation of standards, where approval is to be granted to the Planning Commission or staff as many land development decisions are not legislative in character, and do not require review by the City Council-provided clear standards exist. Incentives can also be built into the regulations. By providing standards for development, we can tell an applicant, "this is what we want to see. If you want to develop this with less open space, (for example) you must go through these additional review steps." In other words, you give a benefit to applicants who meet the highest standards. Commercial Character and Aesthetics Enhancing the character of Dubuque is an issue that was repeatedly raised throughout the community preference survey process. This emphasis indicates recognition that the image and appearance of the City are essential to its livability and economic development. The appearance of commercial streets and the repopulation of empty buildings in downtown were a major concern. It was also found to be desirable that the streetscape, or parking lot areas, include trees and green areas along or adjacent to public rights-of-way. The green areas need to be sufficient in width to accommodate signage and provide a Page 15 Dubuque Land Development Ordinances buffer between cars and pedestrians. The green areas constitute what we refer to as buffer yards, which can be of different degrees of opacity. The more opaque the buffer, meaning more dense shrubbery or the use of a berm or wall, the closer the parking might be to the street. A related concern is the screening or internal landscaping of parking lots from adjacent street rights-of-way. The landowners will likely have concerns about the buffer screening their signs and presence from customers driving passing by on the road. LKI will use a graphic model called BufferBuilder to enable citizens and officials to evaluate the opacity necessary for the desired visual effect. There are currently no provisions for parking lot landscaping, an element that the community wants to see incorporated in the code. The setback in the commercial districts is inadequate to provide a double row of parking parallel to the building. A double-loaded aisle requires a minimum of 60 feet. While such a parking arrangement is suitable for small buildings, large buildings arrange the parking so the aisles are perpendicular to the buildings allowing people to walk down the aisle toward the building. The result is that few buildings are located on the 50 foot setback line. Current parking arrangements force all the buildings to the back of the lot, yet don't screen the auto use from the street. There are two approaches that can be used to remedy this situation. The first is to rely on buffer yards and not be concerned about setbacks because the buildings cannot be built in the buffer yard. In the second approach, a narrower setback is used and becomes what is known as a build-to-line, which is a maximum rather than minimum building setback. Both approaches will be discussed and incorporated into the code to create flexibility. Design standards are an important tool in enhancing community character. Adopting design standards doesn't necessarily mean that every minute detail of development or construction is regulated. Most communities are concerned with the overall aesthetic feel, with the exception of areas where there is a clear historic or local characteristic to preserve. However, the standards that are written must be clear and unambiguous to avoid confusion and legal challenges. The idea is to adopt standards that provide a developer with a clear understanding of the big picture quality development the community desires, yet allows creativity to attract participants (e.g., business tenants). Page /6