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Home My WebLink AboutA004 - Council Action Form dated June 27, 2000, Part 2 �S 0--7 ct. CU PuAt ITEM # DATE 06/27/00 COUNCIL ACTION FORM SUBJECT: MOTION TO APPROVE SEVERAL TECHNICAL AMENDMENTS TO THE NEWLY ADOPTED ZONING ORDINANCE RELATED TO THE AGRICULTURAL ZONE AND GARAGE HEIGHTS. ACTION FORM SUMMARY: Staff is proposing several amendments to the newly adopted zoning ordinance. These amendments are related to provisions of the ordinance that have been reviewed or administered since the ordinance was adopted in May of 2000, and it is now determined that a change is needed. Staff has always anticipated that these type of changes would be needed as the administration of the new ordinance got underway. Approval of the proposed technical amendments is recommended. BACKGROUND: As part of the process of finalizing the newly adopted zoning ordinance, staff had advised that it would be likely that numerous technical amendments to the new ordinance would be necessary once the administration of the ordinance got underway. Staff is proposing that three provisions of the zoning ordinance text be amended. These provisions are found in the following sections: • Article 3 Zoning Process • Article 6 Agriculture; Section 29.600 (1) Purpose • Article 7 Residential; Zone Development Standards ANALYSIS: Article 3 Zoning Process. When annexation of new land area occurs, the Land Use Policy Plan indicates that the newly annexed area should be zoned Agriculture until a detailed development plan is approved by the City. There is no provision in the newly adopted zoning ordinance that would accomplish this planning strategy. Staff proposes that Article 3 be amended by revising Section 29.302 Application of Regulations. The existing text and the amended text are shown as follows: (Existing) Section 29.302 Application of Regulations When a lot held in single ownership is divided by a zone boundary line, the entire lot shall be construed to be within the more restrictive zone for purposes of complying with the requirements of the Ordinance, unless otherwise indicated on the Official Zoning Map or by resolution of the City Council. (Proposed) Section 29.302 Application of Regulations (1) When land is annexed to the City, after the effective date of this ordinance, all land shall be zoned Agriculture. Newly annexed land shall not be rezoned from Agriculture to another zone until a development plan and zone that is consistent with the Land Use Policy Plan, these regulations, and all other applicable regulations is submitted and a request to rezone is approved by the City Council. (2) When a lot held in single ownership is divided by a zone boundary line, the entire lot shall be construed to be within the more restrictive zone for purposes of complying with the requirements of the Ordinance, unless otherwise indicated on the Official Zoning Map or by resolution of the City Council. Article 6 Agriculture. The purpose statement for the Agriculture Zone indicates that the zone is intended to accommodate areas that are used for agriculture purposes, to protect agriculture areas from incompatible uses, and to serve as a transition area between unincorporated areas and residential areas within the city. Staff believes that this purpose statement should be revised to include that the Agriculture Zone will also be applied to newly annexed areas similar to the revision discussed in Article 3. To accomplish this revision, Section 29.600(1) would need to be revised. The existing text and the proposed text are shown as follows: (Existing) Section 29.600(1) Purpose. This zone is intended to accommodate areas predominantly agricultural in character or undeveloped for urban use;protect land use for agriculture from incompatible uses; and serve as a transition area between unincorporated areas and residential districts. (Proposed) Section 29.600(1) Purpose. This zone is intended to accommodate areas predominantly agricultural in character or undeveloped for urban use;protect land use for agriculture from incompatible uses; be used for all newly annexed land area that is not otherwise rezoned;and serve as a transition area between unincorporated areas and residential districts. Article 7 Residential. The Zone Development Standards Tables for Residential Low Density, Residential Medium Density, and Residential High Density contain a limitation on the height of accessory buildings that is inconsistent with the same provision that is found in Article 4 General Regulations and Standards at Section 29.408(7)(a)(ii). Staff believes that the provision in Article 4 Section 29.408(&0(ii) is the appropriate requirement. This requirement creates a height relationship between the accessory building and the principle building on the same lot. For single story principle buildings, the accessory building cannot exceed the height 2 of the principle building. For principle buildings taller than a single story, the accessory building cannot exceed 80% of the height of the principle building or 20 feet, whichever is less. Staff believes that this provision should be referenced in the Zone Development Standards table found at Sections 29.701(3), 29.702(3), and29.704(3). The existing text and the proposed text are shown as follows: (Existing) Table 29.701(3) Maximum Height, Accessory Building Single-family 12 ft. to midpoint of the roof; 15 ft. to ridge Two-family dwelling 12 ft. to midpoint of the roof; 15 ft. to ridge (Proposed) Table 29.701(3) Maximum Height, Accessory Building Single-family Refer to Section 29.408(7)(a)(ii) Two-family dwelling Refer to Section 29.408(7)(a)(ii) (Existing) Table 29.702(3) Maximum Height, Accessory Building 12 ft. to midpoint of the roof; 15 ft. to ridge (Proposed) Table 29.702(3) Maximum Height, Accessory Building Refer to Section 29.408(7)(a)(ii) (Existing) Table 29.704(3) Maximum Height, Accessory Building 12 ft. to midpoint of the roof; 15 ft. to ridge (Proposed) Table 29.704(3) Maximum Height, Accessory Building Refer to Section 29.408(7)(a)(ii) STAFF COMMENTS: As stated previously, it was anticipated that changes to the newly adopted zoning ordinance would need to occur once staff began the process of administering the ordinance. Even though a considerable amount of time was devoted to writing the ordinance, it is impossible to anticipate all of the particular issues that may arise until the actual administration occurs. Staff believes that the proposed amendments do not alter the overall content of the ordinance. Conversely, these amendments actually correct an inconsistency and make the zoning process for newly annexed land more clear. 3 ALTERNATIVES: 1. The City Council can approve the proposed technical amendments to the zoning ordinance that address the issues of zoning for newly annexed land and the height of accessory buildings in the Residential Low, Medium, and High Density Zones. 2. The City Council can deny approval of the proposed technical amendments to the zoning ordinance that address the issues of zoning for newly annexed land and the height of accessory buildings in the Residential Low, Medium, and High Density Zones. 3. The City Council can postpone action on some or all of the proposed technical amendments and refer this issue back to staff for additional information. RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. This action will approve the proposed technical amendments to the zoning ordinance for zoning for newly annexed land, and will also eliminate an existing inconsistency regarding the height of accessory buildings in the Residential Low, Medium, and High Density Zones. As stated in this action form, staff anticipated that some changes would be needed to the newly adopted zoning ordinance once administration of the ordinance got underway. This is the first in what could be several series of changes that may be needed to this new ordinance. Attachment 4