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HomeMy WebLinkAboutA002 - Council Action Form dated June 24, 2003 i ITEM # DATE 06/24/03 COUNCIL ACTION FORM SUBJECT: INITIATING A CHANGE TO THE ZONING REGULATIONS ESTABLISHING A NEW PERMITTED USE (DWELLING HOUSE) IN THE RM (RESIDENTIAL MEDIUM DENSITY) AND RH (RESIDENTIAL HIGH DENSITY) ZONING DISTRICTS BACKGROUND: When the zoning regulations were adopted by the City in May of 2000, a great deal of attention was placed on creating occupancy limitations on the basis of the type of structure that is permitted in the various residential zones in the city. As an example, single-family dwellings and two-family dwellings can be occupied by a family where the number of unrelated people is limited to three unrelated adults. (This has been at the core of the debate with respect to the over occupancy issue). Apartment dwellings (previously referred to as multiple family dwellings) can be occupied by a family or as many as five unrelated adults. The following table indicates the primary types of residential buildings that are permitted in residential zones, along with information about the occupancy limitations for each building type. Single-family Dwelling Two-family Dwelling Apartment Dwelling (Occupancy limited to (Occupancy limited (Occupancy limited a "Family") to a "family") to a "family" or as many as 5 unrelated adults RL (Residential Low Permitted Permitted if pre-existing Not permitted Density) RM (Residential Permitted Permitted Permitted up to 12 units Medium Densit Rai (Residential Permitted if pre-existing Permitted Permitted Hi h Densit In older areas of the community, there are numerous single-family dwellings that are zoned RM (Residential Medium Density)or RH (Residential High Density). Since the definition of single-family dwellings limits the occupancy of the dwelling to a family, only three unrelated adults can occupy this type of structure. This limitation exists even in areas where the City expects and desires apartment dwelling construction where as many a five unrelated adults can occupy a dwelling unit and greater amounts of density of population is expected. The limitation on the number of unrelated adults occupying a single-family home in higher density areas might be seen as a conflict with the overall density goals of the City. This possible conflict was brought to the attention of the City Council during one of the many meetings that occurred with respect to the over occupancy debate. A change to the zoning regulations would be necessary if it is the desire of the City Council to enable greater numbers of unrelated adults to occupy a building that is currently defined as a single-family dwelling. Part of the rationale for changing the current zoning regulations would be the goal to increase the density of population in areas that are zoned RM or RH, which is consistent with the overall density goals of the City. A consequence of making this change in the regulations might be that these single-family dwelling properties might not redevelop as quickly into apartment dwellings since there is a greater potential for rental income due to increased occupancy. The City Attorney has prepared a draft amendment to the existing zoning regulations that would create a new use category that is referred to as a "Dwelling House". The proposed change would permit a dwelling house only in the RM and RH zones of the City. By providing for this type of use concept in this type of structure, the City can increase the number of unrelated occupants to as many as five, which would be similar to other dwellings in the same zones (see attached "Draft" Ordinance). In addition to the proposed change to the zoning regulations, a companion change to the Rental Housing code is also being proposed that will result in the two regulations of the City being consistent with respect to this occupancy issue. (A copy of the change to the Rental Housing Code is also attached to this action form.) If the City Council wants to consider this change to the regulations, a recommendation from the Planning and Zoning Commission should be obtained as required by State law. ALTERNATIVES: 1. The City Council can initiate a change to the zoning regulations by adding a new permitted use referred to as Dwelling House in the RM and RH zoning districts and seek a recommendation from the Planning and Zoning Commission regarding this potential change. 2. The City Council can decide not to initiate a change to the zoning regulations that would create a new permitted use in the RM and RH zones referred to as a Dwelling House. 3. The City Council can refer this issue back to staff for additional information. 2 MANAGER'S RECOMMENDED ACTION: Recently the City has devoted considerable time to the issue of over occupancy of single-family dwellings in areas that are zoned RL (Residential Low Density). The issue regarding the number of unrelated individuals that can occupy a single-family dwelling structure in areas zoned RM and RH was surfaced, but no change to the existing regulations was ever discussed. The adopted goals of the City to provide for greater degrees of density and intensification establishes a basis for a change to regulations that currently limits the number of occupants that can reside in single-family dwellings in areas that are zoned Medium or High Density. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. This will initiate a change in the zoning regulations that will enable greater numbers of occupants to reside in single-family dwelling structures and also seek a recommendation from the Planning and Zoning Commission prior to the public hearing on this zoning change. This proposed change to the zoning Ordinance will allow one more person than the number of bedrooms up to a total of five (5) unrelated people provided there is one parking space per bedroom. A corresponding change is also recommended for the Rental Housing Code of the City, as well. COUNCIL ACTION: Attachment 3 COUNCIL ACTION SUMMARY Meeting Date: 6124103 Agenda Item #: 24 SUBJECT: Text Change that Creates a New Use (Dwelling House) in the RM and RH Zones ACTION TAKEN: Referred to Planning and Zoning Commission. MOTION BY: Wirth SECOND BY: Goodhue VOTING AYE: Cross, Goodhue, Mahayni, Vegge, Wirth VOTING NAY: None ABSENT: Hoffman Diane Voss, City Clerk Copy to: Brian P. O'Connell '�