HomeMy WebLinkAboutA001 - Council Action form dated February 26, 2002 v
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ITEM # c y
�aG�o�f `2 DATE 02/26/02
- COUNCIL ACTION FORM
SUBJECT: MOTION TO APPROVE A TEXT AMENDMENT TO THE ZONING
ORDINANCE TO CLARIFY THE MAXIMUM DENSITY ALLOWED IN RESIDENTIAL
ZONING DISTRICTS TO CORRECT AN EXISTING INCONSISTENCY BETWEEN THE
LAND USE POLICY PLAN (LUPP) AND THE ZONING ORDINANCE.
BACKGROUND:
During the review of a recent rezoning request for 239 Campus Avenue (Trow Property),
staff became aware of an inconsistency between the density requirements of the Land Use
Policy Plan (LUPP) and the Zoning Ordinance.
This inconsistency became obvious with the review of the 239 Campus Avenue rezoning
to "F-PRD" (Planned Residence District). When reviewing a request for rezoning to a
"F-PRD" (Planned Residence District), several criteria have to be met. One of those
criteria, as outlined in Section 29.1203(5) of the Zoning Ordinance, deals with density and
states, "Densities shall comply with the densities provided for in the Land Use Policy Plan
and the underlying base zone regulations."
The following table illustrates the maximum densities allowed in the Land Use Policy Plan
(LUPP) and the Zoning Ordinance.
LUPP Designatta Land Use policy Plan Zoning
Zonin District LUPP
Ordinance
Low-Density Residential/"RL"
Residential Low Density 4 du/acre 7.26 du/acre
One- and Two-Family
Medium-Density Residential/"RM"
Residential Medium Density 6 du/acre 22.31 du/acre
Medium-Density Residential/"RM"
Residential Medium Density 14 du/acre 22.31 du/acre
High-Density Residential/"RH"
Residential High Density No maximum 1 38.56 du/acre
The middle column of the table illustrates the densities as listed in the Land Use Policy
Plan (LUPP). The densities in the right column are a calculation using the minimum area
per lot or unit as provided for in the Zoning Ordinance. Section 29.700(3) of the Municipal
Code states:
"In each Residential Base Zone, residential development must be in
accordance with the Residential Density standard established for that zone.
Residential Density is expressed in terms of the square feet of lot area
required per dwelling unit. Residential Density varies by zone. The
number of dwelling units that may be built on a given lot is a function of 2
factors: the lot size and the Residential Density of the Zone."
It is clearly evident that there is an inconsistency between the Land Use Policy Plan
(LUPP) designations and the Underlying Base Zone regulations with regards to density.
During the review of the rezoning request for 239 Campus, staff received a legal opinion
from the City Attorney, which states that the Zoning Ordinance standard takes precedent
over the Land Use Policy Plan (LUPP) designation. However, staff believes that it was the
intent of the City to limit development within each of the Base Zones to the densities
provided for in the Land Use Policy Plan (LUPP). Furthermore, during the Planning and
Zoning Commission and City Council review of the rezoning request at 239 Campus
Avenue, several Commissioners and City Council persons indicated that they believed that
7.26 dwelling units per acre in the "RL" Residential Low Density District was too high and
that the inconsistency between the Land Use Policy Plan (LUPP) and the Zoning
Ordinance should be resolved.
Therefore, staff is recommending the following changes to the Zoning Ordinance, which
will rectify the inconsistency between the two documents (changes are in bold italics):
Section 29.700(3) Residential Density. "In each Residential Base Zone, residential
development must be in accordance with the Residential Density standard
established for that zone. Residential Density is expressed in terms of the
square feet of lot area required per dwelling unit. Residential Density varies
by zone. The number of dwelling units that may be built on a given lot is a
function of 2 factors: the lot size and the Residential Density of the Zone.
However, under no circumstances shall the density of a development
exceed the density requirement provided for in the Land Use Policy
Plan (LUPP), which is as follows:
• Low-Density Residential— No more than 4 dwelling units per
gross acre;
• One- and Two-Family Medium-Density— at least 4 but no more
than 6 dwelling units per gross acre;
• Medium-Density Residential— at least 4 but no more than 14
dwelling units per gross acre;
• High-Density Residential— at least 14 dwelling units per gross
acre but no more than 38.56 dwelling units per net acre."
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Table 29.1203 5
Supplemental PRD Zone
Development Standards
Area Requirement A minimum of two (2) acres shall be required for all areas
developed as F-PRD.
Density Densities shall comply with the densities provided for in the
Land Use Policy Plan (LUPP ) ,ape URder�iy;Rg base zone
regulations, which are as follows:
• Low-DensitV Residential— No more than 4
dwelling units per gross acre;
• One- and Two-Family Medium-Density— at
least 4 but no more than 6 dwelling units
per gross acre;
• Medium-Density Residential — at least 4
but no more than 14 dwelling units per
gross acre;
• Hi_gh-Density Residential — at least 14
dwelling units per gross acres but no
more than 38.56 dwelling units per net
acre.
Where a property has more than one base zone designation,
each area of the PRD project shall comply with the density
limitation that is established for the "tee ZeRe Gf that area.
Density transfer from one area of a PRD project to another
area of the same project of a lower density shall not be
permitted.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed this proposed technical amendment at
their meeting of February 6, 2002 and approval was recommended.
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ALTERNATIVES:
1. The City Council can approve the recommended text amendments to the Zoning
Ordinance regarding density.
2. The City Council can deny the recommended text amendments to the Zoning
Ordinance regarding density.
3. The City Council can refer the recommended text amendments to the Zoning
Ordinance regarding density back to staff for further review and comment.
MANAGER'S RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 recommends that the
text amendments to the Zoning Ordinance regarding density be approved.
s:\Council Action Forms\Text Amendments\Residential Density Text Amendment 02-26-02.doc
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