HomeMy WebLinkAboutA003 - Council Action Form dated September 9, 2003 ITEM #__arl
DATE 09/09/03
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT TO THE ZONING REGULATIONS ESTABLISHING A
NEW PERMITTED USE (DWELLING HOUSE) IN THE RM (RESIDENTIAL MEDIUM
DENSITY), RH (RESIDENTIAL HIGH DENSITY), AND S-SMD (SOUTH LINCOLN SUB
AREA MIXED USE DISTRICT) 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
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 Permitted Permitted if pre-existing Not permitted
Low Density)
RM (Residential Permitted Permitted Permitted up to 12 units
Medium Density)
RH (Residential Permitted if pre-existing Permitted Permitted
High Density)
In older areas of the community, there are numerous single-family dwellings that are zoned
RM (Residential Medium Density), RH (Residential High Density), or S-SMD (South Lincoln
Sub Area Mixed Use District). 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, which would permit as many as five unrelated adults to occupy a
dwelling unit. In these areas, greater amounts of density 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 is necessary 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 is the goal to increase the density of
population in areas that are zoned RM, RH, and S-SMD, 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 proposed text amendment would permit a dwelling house only in the RM, RH, and
S-SMD 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 permitted to as many as five,
which would be similar to other dwellings in the same zones.
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.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning & Zoning Commission reviewed this proposed text amendment to the Zoning
Ordinance at their meeting of August 20, 2003 and recommended approval.
ALTERNATIVES:
1. The City Council can approve the proposed text amendment to the zoning regulations
by adding a new permitted use referred to as Dwelling House in the RM, RH, and
S-SMD zoning districts.
2. The City Council can approve the proposed text amendment to the zoning regulations
by adding a new permitted use referred to as Dwelling House in the RM, RH, and
S-SMD zoning districts, with modifications.
3. The City Council can deny the proposed text amendment to the zoning regulations by
adding a new permitted use referred to as Dwelling House in the RM, RH, and S-SMD
zoning districts.
4. The City Council can refer this issue back to staff for additional information.
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MANAGER'S RECOMMENDED ACTION:
Recently the City has devoted considerable amount of 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, RH, and S-SMD was discussed, but no change to the existing
regulations was ever proposed. The adopted goals of the City to provide for greater
degrees of density and intensification establishes a basis for a change to the regulation
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 recommended that
Alternative #1 be adopted. This will create a change to the zoning regulations that will
enable greater numbers of occupants to reside in single-family dwelling structures in RM,
RH, and S-SMD Zoning Districts.
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
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