The URL can be used to link to this page

Home My WebLink AboutA003 - Council Action Form dated August 8, 2000 ITEM # C�3 DATE 08/08/00 COUNCIL ACTION FORM SUBJECT: ORDINANCE TO ENACT AN AMENDMENT TO ARTICLE 12 AND ARTICLE 15 OF THE ZONING ORDINANCE REGARDING APPROVAL PROCEDURES AND PERMITTED USES IN THE SUBURBAN RESIDENTIAL FLOATING ZONE. ACTION FORM SUMMARY: Amendments to the zoning ordinance are being proposed with respect to permitting single family attached dwellings in the Suburban Residential Low Density floating zone. Additionally, amendments are being proposed with respect to the procedural requirements for the approval of a request to rezone property Suburban Residential. The Planning and Zoning Commission and staff are recommending that these amendments be approved. BACKGROUND: Several amendments are being proposed to the Suburban Residential Floating Zone in the newly adopted zoning ordinance. These amendments relate to two areas in general. These are: 1. The types of residential uses that can be counted towards meeting the density requirement of 3.75 dwelling units per acre. 2. Procedural requirements relative to what must be submitted to the City in order for the City to decide on a request to rezone land to Suburban Residential. The proposed amendments to the zoning ordinance relate to two provisions of the ordinance that are found in-Article 12 and Article 15 of the zoning ordinance. The background and analysis of this proposed amendment will be categorized according to the two points of the ordinance that are listed above. Residential Uses/Density At the City Council meeting of June 27, 2000, staff made a presentation to the City Council regarding the need to consider changes to the Suburban Residential Floating Zone requirements. This presentation was an outgrowth of a letter received by the Mayor and City Council from the attorney representing the developers of the Uthe property (see attached letter). The letter indicated that there is significant difficulty of complying with the ordinance requirement of 3.75 dwelling units per net acre, while at the same time trying to supply sufficient large lots for larger homes. (It is possible to meet the minimum density requirement, but the number of larger lots for larger homes would be few in number.) The adopted Land Use Policy Plan contains the goal of maintaining the overall density pattern that has developed within the City over time. In total, there are approximately 5.6 dwelling units per net acre within the entire city. New development that is to occur in the future will occur in one of two development alternatives. These are: Village Residential Suburban Residential When the Suburban Residential zoning regulations were written, it was determined by the City Council that the most important planning goals and objectives should be accomplished if land were to develop using the Suburban Residential alternative. This included the goal of maintaining the density pattern that has occurred in the city. As a result, the minimum density standard of 3.75 dwelling units per net acre for single family and two family dwellings was included within the regulations. This minimum density requirement of 3.75 dwelling units per net acre is applicable only to single-family and two family housing that are permitted in the Suburban Residential Low Density zone. (The Staff Report prepared for the City Council regarding this density issue is attached to this Action Form.) Procedural Requirements When the zoning ordinance was adopted, the procedures that are called for with respect to obtaining a rezoning decision for property to be zoned Suburban Residential include the requirement for the submittal of a "Major Site Development Plan". This is the same procedural requirement for property that would be zoned Village Residential. The rationale for this requirement is to maintain a degree of similarity with respect to the process for rezoning and development approval for both the Village and Suburban development alternative. The Land Use Policy Plan and the zoning ordinance provide a choice to the property owner to select one of the two development alternatives (Village or Suburban Residential). Since it was determined that many of the goals and objective of the Land Use Policy Plan were to be accomplished if either alternative were chosen, a decision was made that procedural requirements should be the same for either alternative, as well. As staff has worked with the developers of the Uthe property, it has become apparent that the requirements for the "Major Site Development Plan" might be extreme since much of the housing that would be constructed would be individual site built single-family homes, in addition to multiple family structures. The "Major Site Development Plan" requires a high degree of design detail (e.g. building elevations, drive locations, service line size and locations, site landscaping). The approval process is one where this design detail would be required as a means to obtain a rezoning decision. The developers of the Uthe property believe this requirement is excessive since many of the structures would be built in phases over time by many different builders. 2 ANALYSIS: Residential Uses/Density. The proposed amendment to the Suburban Residential Floating Zone would involve a change to the Residential Low Density Use table that would permit single-family attached dwellings, in addition to single-family detached and two family dwellings. Permitting single-family attached dwellings to be counted towards the minimum density requirement of 3.75 dwelling units per net acre will make it more possible to meet the minimum density requirement, and still provide for larger amounts of lots that will provide for larger housing types. Procedural Requirement. The proposed amendment to Article 12 Suburban Residential Floating Zone and to Article 15 Procedures, involves the creation of a new and distinct approval process for the rezoning and development approval for Suburban Residential development. The amendment involves the creation of a submittal requirement where the applicant is required to obtain the approval of a "Master Plan" at the same time that the Preliminary Plat and rezoning approval are being sought. This "Master Plan" will require that the land owner indicate what the land use and the density are with respect to all lots within the area to be zoned Suburban Residential. This Master Plan will serve to assure that the requirements for use and density are being adhered to at the time that the City is being asked to rezone the property. When the developer is finally prepared to develop a phase of the project, it is at that time that the more detailed "Major Site Development Plan" will be required to be submitted at the same time a Final Plat is being requested for approval. STAFF COMMENTS: The administration of the new zoning regulations have revealed the need for a number of changes. Several of these changes have already occurred. The proposed changes to the Suburban Residential Floating Zone are seen as being favorable by staff since the overall objectives of density in the Land Use Policy Plan are being maintained. The procedural changes are needed to enable a greater degree of focus on the basic density and use requirements at the time of rezoning, and allow for the more detailed focus of the Major Site Development Plan at the time of a Final Plat when construction is imminent. A copy of the proposed changes to Article 12 and Article 15 of the zoning ordinance are attached to this Council Action Form. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed this request at their meeting o July 19, 200 and have recommended that these amendments to the Zoning Ordinance be approved. 3 ALTERNATIVES: 1. The City Council can approve the changes to the permitted uses in the Suburban Residential Floating Zone and the changes to the procedures outlined in Article 12 and Article15 of the Zoning ordinance. 2. The City Council can deny approval of the changes to the permitted uses in the Suburban Residential Floating Zone and the changes to the procedures outlined in Article 12 and Article15 of the Zoning ordinance. 3. The City Council can postpone action on this issue and refer it back to staff or the Commission for additional information. RECOMMENDED ACTION: It is recommended that Alternative #1 be approved. This action will be an enactment of amendments to the zoning ordinance that will allow single-family attached dwellings to count towards the minimum density requirement of 3.75 dwelling units per net acre in areas zoned Suburban Residential. This amendment will also provide for the creation of a "Master Plan" that focuses only on use and density as part of the decision to rezone property to Suburban Residential. Attachment 4 0 rn N W aZ �78r79 pz --' Arm r79N% rya r 79>>-\ 3 E O %797>9a -z+ g �i A 79 mo pC q cam >am r O >S\ — w c� a r 'ZONE79 VK o� E 0 LA E ' t N }• S' M>> 79 -A e Qm' -�NNr V n' a O+ i t > »> > h0c1 h Cti h h n r-N s -y r 70 V — w £° h >>>> 000 79 cn,Z -1MrA �. -A 4 C1i r�A,O < ' >> VNZ r79»-� Sn 79 C3 Z Z �-1�A-L C"A � >�o D t� OC• CSOth CJ�51 > r I -«�, , =•�-1 O�-1 to c�Z -179 r 74 0o rotes> r-4 _79 O O a 79% > -+ r1 D CR> l7vq- - r 79>>ZCSr >> ? A > .. h �- r in A` 4 E 79 to > A 4�pat o A CA C1 Mt .. a 79 79 r 79> �� ♦ > r 00 t w_ > r� 4 • 1a •:� OZz -1DthDOOnA O79X>Cel —lw• 10-79'12(AO S>00 rO1 0700 0 A N� —m 0� CrM� �z 0 ZZ y o r 400 OO OO :*O=r 00 rr — — z—OlR 7979 O 1 Ul> > —> S-1C 3EIE xr h� Z O y r dr Nr O-<0-% w— o— a r (.A ,o cA� O T� �� WW � O(P—OQ•OO+N � o Z ..cS1 -1tt+ hhhhClClhh p V 00 J(P r \\ O >> 0 7079