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HomeMy WebLinkAboutA002 - Council Action Form dated January 7, 1997, Item 23a W C "tTEM#: L DATE: 01/07/9 COUNCIL ACTION FORM SUBJECT: MOTION TO APPROVE THE CONCEPT OF A SINGLE-FAMILY CONSERVATION OVERLAY DISTRICT (SFCOD) REGULATION AND DIRECT THE CITY ATTORNEY TO INCORPORATE INTO THE APPROPRIATE ORDINANCE. ACTION FORM SUMMARY: A draft overlay zoning regulation entitled Single-Family Conservation Overlay District (SFCOD) has been prepared to provide additional zoning regulation to the moratorium area north of the Downtown area. The Planning and Zoning Commission and staff is recommending that the City Council incorporate the Single-Family Conservation Overlay District regulation into the zoning ordinance to be applied to the moratorium area. BACKGROUND: In 1994, a request to rezone the residential area north of Downtown was submitted to the City for decision. This rezoning request was to rezone the area from the current zoning designations of R-3 and R-4 to R-2. Ultimately this request was denied. In the summer of 1996, a moratorium ordinance prohibiting further principle building demolition was adopted for a six month period with a provision that the moratorium could be extended for an additional six months, which would total 12 months at maximum. As part of adopting this moratorium ordinance, the City Council directed that new regulations be adopted that would more effectively provide zoning regulations that address the complexity of the area. Since the moratorium was adopted, staff has been working with the firm of Robinson & Cole to obtain their ordinance proposal for this area of the City. (Robinson & Cole is also developing a complete revision to the City's zoning and subdivision regulations.) Ideally, the City would have received the Single-Family Conservation Overlay District regulations in time for the City Council to have taken action on proposed regulations within the initial six month moratorium period. Unfortunately, this has not been the case and the City Council will now be requested to extend the moratorium another six months. Should the City Council extend the moratorium another six months, the moratorium will stay in affect until the Single-Family Conservation Overlay regulations are adopted, or six months, whichever is the shortest period. A draft of an ordinance entitled "SINGLE-FAMILY CONSERVATION OVERLAY DISTRICT" (SFCOD) regulations, has been received from Robinson and Cole. These regulations have been prepared to implement the recommendations of the "Draft" Land Use Policy Plan that was adopted by the City Council in August of 1996. The reference to the appropriate sections of the plan that relate to the SFCOD can be found on Page 38 of the "Draft" plan. The SFCOD contains several important features that are critical for the Council to understand with respect to how this ordinance will work, and the effects of the proposed regulations. Essentially, the SFCOD will be an overlay regulation to the base regulations that currently exists (R-3, R-4). The zoning requirements that are contained in the base regulations will remain in effect, and the overlay regulation contained in SFCOD will apply in addition to the customary R-3 and R-4 regulations. By using this overlay technique, it will serve to not make any existing use non-conforming to the base zoning regulations. The regulations that are contained in the SFCOD that are of most significant importance include: • An inventory of all residential units must occur in the SFCOD to establish a count of all single-family and multiple-family dwelling units. • Single-family dwellings, two-family dwellings before November 1 , 1983, and other conforming uses prior to the adoption of SFCOD will be permitted without site plan review approval. • Multiple-family dwellings and expansion of vested non-conforming uses will be permitted only after site plan review approval has been obtained from City Council (no Planning and Zoning Commission review is required for site plan review approval). • Residential intensification (defined as an increase in multiple-family units) is limited to 25% of the total number of dwelling units in the SFCOD. (As a matter of information, the number of multiple-family dwelling units that were counted in 1994, at the time of the R-2 rezoning request, totaled 43% of all dwelling units in the area.) Therefore, considerable change in the dwelling unit make up of the area must occur before new multiple-family dwellings could be permitted when the SFCOD is adopted. • Residential intensification (new multiple-family dwellings) can only occur on properties where the City Council determines that one of the following characteristics exists: (a) Vacant lot as of November 1, 1983; or 2 (b) Structural conditions discourage further use (the structure is dilapidated); or (c) Parcel consolidation is possible and beneficial (beneficial meaning that the combination of two substandard lots would improve the condition). • Compatibility standards are proposed to more effectively guide the overall appearance of development and building additions in the area. • Other bulk, landscaping, and parking regulations are complied with STAFF COMMENTS: The purpose of the SFCOD is to conserve the existing single-family character of the area included in the SFCOD, and to guide the development of higher density uses to be compatible with the surrounding neighborhood. The methods by which this purpose is accomplished is most notable in the limitation of new multiple-family development and the application of compatibility standards. The 1988 Land Use Policy Plan supports this proposed ordinance in the residential priorities of the Plan that state that it is a priority to maintain and enhance the integrity and character of existing neighborhoods. Additionally, Policy 131.1 states that the plan will serve as a basis to provide for new developments, conserve and preserve existing neighborhoods, and rehabilitate deteriorated areas. The SFCOD will more effectively accomplish these priorities and policies than the current base zoning regulations alone. The 1996 Land Use Policy Plan adopted in draft creates a very clear planning foundation for the SFCOD. In actuality, the SFCOD has been developed as a direct outgrowth of the 1996 plan, which states on Page 38 that; "a 'Conservation District' overlay zone is recommended for the residential areas adjacent to Downtown." As a result, staff believes this proposed Single-Family Conservation Overlay District is consistent with the 1996 Land Use Policy Plan, which has been approved by the City Council in "Draft". Admittedly, the ordinance approach, as represented by the SFCOD, is much more complex and sophisticated than earlier approaches at rezoning. In pure zoning terms, the SFCOD does not increase nor does it create non-conformities beyond what non-conformities exist today. Conversely, the SFCOD does add to the complexity of regulation in this area of the City. Since this ordinance proposal represents the planning policy that is established in the "Draft" Land Use Policy Plan, staff believes the City Council should adopt this proposed ordinance as the method of conserving the single-family housing stock in this area of the city. 3 (A copy of the proposed Single-Family Conservation Overlay District regulations is attached to this Action Form for review by City Council). PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed this request at their meeting of December 18, 1996 and spent considerable time discussing the implications of the proposed SFCOD. There is a consensus on the Commission that the single-family housing stock of this area of the city should be conserved. There was not a consensus that the percentage limitation of 25% of all the dwelling units should be adopted. Several Commission members were of the belief that this limitation was too extensive for this moratorium area alone, and that the proposed Land Use Policy Plan indicated that the SFCOD was intended for a larger area where the ratio of single-family dwelling units to multiple-family units might more closely reflects a 75%/25% ratio. As an alternative, the Planning and Zoning Commission made the following recommendation: 1 . An inventory of all dwelling units be conducted to determine how many dwelling units exist in structures that have been converted from a single-family home to a multiple-family dwelling, and how many dwelling units exist in structures that were constructed originally as a multiple-family dwelling. 2. That the number of multiple-family dwelling units that are allowed in the area be equal to the number of dwelling units that were constructed originally as a dwelling unit in a multiple-family structure, as a percentage of the total dwelling units, or 25% of all units, whichever is greater. Staff has completed this inventory and the results of the inventory are represented in the following data sheet: Units % Square Feet Acres % TOTAL UNITS 623 Units 100.0% 2,788,506 SgFt 64.02 100.0% MF Original Construction 123 Units 19.7% 223,237 SgFt 5.12 8.0% MF Conversions 159 Units 25.5% 373,036 SgFt 8.56 13.4% Total MF Dwelling Units 282 Units 45.3% 596,273 SgFt 13.69 21.4% Total One and Two Family 341 Units 54.7% 2,109,579 SgFt 48.43 75.7% 4 As the data sheet indicates, the percentage of multiple-family units that have been constructed originally as dwelling units in a multiple-family structure is 20% of all units. Therefore, the limitation of multiple-family units in this area as a result of the Commission's recommendation would be 25%. ALTERNATIVES: 1 . The City Council can approve of the proposed Single-Family Conservation District regulations with the limitation on multiple-family units in the moratorium area being 25%, and direct that the City Attorney prepare the SFCOD in ordinance form for public hearing. 2. The City Council can deny approval of the proposed Single-Family Conservation Overlay District regulations. 3. The City Council can approve of the Single-Family Conservation Overlay District regulations with the limitation on multiple-family dwelling units in the moratorium area being a percentage greater or lesser than 25%, and direct that the City Attorney prepare the SFCOD in ordinance form for public hearing. 4. The City Council can refer this issue back to City staff for additional information. MANAGERS RECOMMENDED ACTION: The proposed SFCOD represents a direct ordinance outcome from the recommendation of the "Draft" 1996 Land Use Policy Plan. Staff believes the consultant, Robinson and Cole, has done a good job of converting the direction of the "Draft" Plan into an ordinance, which will implement the plan recommendation for this area. The basic planning philosophy for this area is to conserve the single-family housing stock and the single-family land use character of the area. The proposed SFCOD will clearly accomplish this objective and has the potential of encouraging continued maintenance and upkeep of the housing stock. It can be argued that the proposed 25% limitation on the multiple-family housing supply is too limiting for this moratorium area, but the use of the Conservation Overlay District with associated compatibility standards is proposed to apply to a larger area where the total make up of the housing stock might more closely reflect the 25% ratio. Again, the primary purpose for the SFCOD is to conserve the single-family character of the area in which it is to apply. Because of this, staff strongly believes that the percentage of the housing stock that is single-family should be at least half of all of the units in the area where the SFCOD would apply. In the preparation of the "Draft" Land Use Policy Plan, it was the recommendation that multiple-family housing be limited to 25% of all of the 5 housing units in the area. This percentage is based on the Planning Consultant's (RM Plan Group) general analysis that occurred with respect to the urban core and what the consultant recommends should be the multiple-family make up of the area. Since this is the single most challenging application of the SFCOD regulations, the City Council's debate on the appropriateness of the SFCOD regulations should focus solely on what the percentage make up of multiple-family units should be in the area. In light of the clear guidance that the "Draft" 1996 Land Use Policy Plan gives with respect to the multiple-family percentage of the SFCOD, it is the recommendation of the City Manager that the City Council adopt Alternative #1 . This will approve of the Single-Family Conservation Overlay District regulation as proposed, and direct that the City Attorney prepare the proposed regulations in ordinance form for public hearing. NOTE: Adoption of regulations for the Single-Family Conservation Overlay District (SFCOD) must include adoption of Compatibility Standards for the SFCOD. Attachment h\bpo\caf\sf cod-2.1 07 6 CAFAPPROVAL SSA BK SL JK JP SR To be sent to Jeff Benson, Dave Carter, Mike Carter, Chris Cook, Harold Pike, Jim Popken & Chuck Winkleblack (see attached envelopes) . SCALE: INFOCAD : :. 996 OVERLAYDISTRICT b, t.. .=.. _ ,....... s. e e ee .ee Planning & Housing • • OVERLAY BOUNDARIESDISTRICT ■■ ■■ ■� ■■ ■ ■■■ IN 111 _ ■ �■ ■■� ■ ■ ■ ■■■ ■� ■■ ■■ IME ■ ■ ■■ ■ �� �_�_ �� �_ MEN IM ■� �� ■r ■1 ■1111 I■ - WE Ll �111 11■ �■��■ ■■ ■■ IME m Mill SEE IME ■M ■■■ ■I■I■ �11 �� �� III■ INE �: :11� 1■ �� ■■ ■■ ■III■ ■■ ■■ ■� . ■II■ _I■ _ =111111= III■ __ :1 :111�.. ■���_ ■•. -- — MEN — MEN IME MEN MEN MEN 1111111:- lil■li-�_: _. n� Ali ��i% dill II 1 INE .1 C II����i■ i :1�■ ■■1■ ■7 ■■1■ ■■■ C: 111� EII■� �11111■-■■� �■'- JI•� �••� �7 i�li ■�■ 1� �'�■ 11111111111� all oi1�11 �. .�■�������i ■■ NEE : ■■ ■i ir :1 ail I■:1111111■ 11 ■III'�� 111111■ IIIIIIIIIIIII 111111111■i �©, � I �1�1 1111111111 Il�lliimm����■��„�,,,.,_ 29.41 ("SFCOD") SINGLE-FAMILY CONSERVATION OVERLAY DISTRICT 29.41.1 Statement of Intent: The Single-Family Conservation Overlay District(SFCOD) is intended to conserve the existing single-family residential character of areas identified as SFCOD adjacent to the downtown. The SFCOD is intended to protect single-family neighborhoods while guiding the transition to higher density and compatibility with the surrounding uses where intensification is permitted. The SFCOD is meant to help maintain the general quality and appearance of the neighborhoods,promote a more cohesive look to the neighborhoods, recognize the neighborhood characteristics as a major part of the City's identity and positive image,promote local design qualities, stabilize and improve property values, reduce conflicts between new construction and existing homes, and allow a limited amount of increased housing densities. The City seeks to limit the creation of nonconforming uses in currently zoned residential areas. An inventory of all residential units is required within the SFCOD to determine the allowable number of multifamily units as of the effective date of this Regulation. Residential intensification is hereby defined as an increase in the total number of multi-family residential units allowed. This SFCOD is based, in part on the findings that: 1. Conservation of older residential areas continues to provide a broad range of housing choices. 2. Conservation of architecturally significant structures adds to the distinctiveness of a neighborhood and encourages a sense of"place." -1- 3. The downtown is strengthened by the existence of healthy residential neighborhoods nearby. 4. The existing single-family residential character can be conserved while guiding the transition and compatibility where intensification is permitted. 5. Standards that encourage infill development,retain the values of surrounding development and protect the City's unique character will promote stable neighborhoods. 29.41.2 Permitted Uses: Land,buildings and structures may be used for the following purposes without site plan review approval in accordance with standards and regulations of the R-3 Medium Density Residential District: - Dwelling- Single-Family - Dwelling-Two-Family (Designed as a two-family dwelling and existing or permitted before 1 November 1983) - Other existing uses - Any conforming uses that exist in the SFCOD on the effective date of this Ordinance, within the SFCOD as may be amended, are hereby deemed to be conforming with the terms of this Section and shall not require site plan review approval, unless otherwise required by the R-3 or R-4 Zoning District Regulations. 29.41.3 Site Plan Review: Land,buildings or structures may be used for the following purposes only if site plan review approval is granted by the City Council pursuant to the provisions contained in this Section and Section 29.49 of the zoning ordinance. - Dwelling- Multiple Family. - Expansion of vested nonconforming uses. -2 - 29.41.4 Intensi Residential intensification within the SFCOD is limited to a maximum of 25 percent of the total number of dwelling units within a SFCOD. (1) The existing infrastructure must be sufficient to support the proposed project at the time of application, or sufficient infrastructure shall be provided as a part of the proposed project. "Sufficient infrastructure" includes water distribution, sanitary sewer, storm drainage, fire protection, streets and transportation, refuse collection, greenway connectors and/or sidewalks; (2) The development has convenient access to public services,public transportation, or major thoroughfares; (3) Housing developments shall be in character with the surrounding neighborhood(s) in terms of scale and character of the architectural elements; and (4) Any yard that abuts another residential zoning district, dwelling unit type or density shall be not less than the corresponding front, side, or rear yard requirement of the adjacent district, dwelling unit type or density. 29.41.5 Development Requirements: Residential intensification may be allowed only on properties exhibiting one of the following characteristics as determined by the City Council prior to Site Plan Review Approval. a. the lot was vacant as of 1 November 1983. b. structural conditions discourage further use. C. parcel consolidation is possible and beneficial. 29.41.6 Bulk Regulations: -3 - Land,buildings and structures used in the SFCOD shall comply with the lot area, lot width, yard requirements and height requirements as provided for in Section 29.18(2) of the zoning ordinance. 29.41.7 Landscaping, Screening and Buffer Areas: Landscaping, screening and buffer areas shall be provided in accordance with Section 29.50 of the Zoning Ordinance. 29.41.8 Compatibility Standards: Land, building and structures used after the effective date of the adoption of the SFCOD shall comply with the compatibility standards for the SFCOD. 29.41.9 Parking Requirements: Parking requirements for all uses shall conform to all parking requirements as provided in Sections 29.18, 29.19, 29.40,29.41,29.42, 29.77 and 29.79 of the Zoning Ordinance. -4 -