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HomeMy WebLinkAboutA002 - Additional information around dais dated July 9, 2013 ou�C dai!5 7-q- 13 ITEM: 36 According to Zoning Code definition, Single Family Attached units (which are not allowed in the RL districts) are required to be on separate lots. Therefore, the Staff has concluded that if Single Family Attached Units are constructed on one large lot (not separate lots), they do not meet the definition of a Single Family Attached Unit and must be classified as an Apartment. ISSUE 1: Occupancy Limits By allowing Single Family Attached units to be classified as Apartments when constructed on a large lot (more than one acre), the Municipal Code allows the occupancy limit for each unit to be increased from three unrelated persons as a Single Family Attached Unit to five unrelated persons as an Apartment. POLICY QUESTION: Should the occupancy limits for Single Family Attached units (whether combined on one large lot with other units or on separate lots per each unit) be the same or different? OPTIONS: I. The City Council can consider revising the definitions in the Zoning Ordinance to only allow all Single Family Attached dwelling units to be occupied by a "family", by definition no more than three unrelated people. II. The City Council can consider revising the definitions in the Zoning Ordinance to allow all Single Family Attached dwelling units to be occupied, as apartments, with up to five unrelated people. III. The City Council can make no changes to the current Zoning Ordinance and thereby continue to allow a different maximum occupancy for Single Family Attached units which exist separately on a platted lot from multiple Single Family Attached units on one large lot. STAFF COMMENTS: There should be no confusion with regard to occupancy in RL districts, since Single Family Attached and Apartment Units are not permitted in these areas. The increase to five unrelated people for Single Family Attached units may not be a concern for Council, because RM and RH designations already allow for a higher density for Apartments. If this is the case, the Council might want to pursue Option II. Section 29.401(5), states "more than one single family or two-family residential structure on the same lot of one acre or less is prohibited." This Code section allows on residentially zoned lots (larger than one acre) more than one single family and two-family structures on a single lot when developers choose not to subdivide. ISSUE 2: Adherence to Subdivision Requirements By allowing multiple Single Family and Two-Family units to be constructed on one large lot (more than one acre) developments do not have to comply with the requirements of the subdivision code (i.e. lot and block standards, protection of natural features, landscape standards, public street standards including public sidewalks, utility requirements for water, sanitary sewer, electric and storm water management, erosion control and also any improvement guarantees for any needed nfrastructure improvements). POLICY QUESTION: Does Council want to continue to allow multiple Single Family and Two-Family structures on a single lot without requiring adherence to subdivision regulations? OPTIONS I. The City Council can revise the Zoning Ordinance or Subdivision Code to incorporate standards of the subdivision code, based n a created set of criteria, for developments that choose not to subdivide the property. This option would allow certain regulations of the subdivision clode, such as public streets, sidewalks, or public infrastructure to be met whil allowing the developer to maintain a single lot development. II. The City Council can revise the Zoning Ordinance to elimin'iate the right to construct multiple Single Family or Two Family stru tures on a single lot in a RL district. III. The City Council can make no changes to the current Zoning Ordinance and thereby continue to allow multiple Single Family and Two Family structures on lots of one acre or larger. STAFF COMMENTS: Staff does not believe there is a need to discontinue the ability to construct rr ore than one Single Family or Two Family structures on one lot in RM or RH districts. If the Council hopes to maintain the character of a single family neighborhdod while still allowing for multiple Single Family and Two Family structures on lots greaterlthan an acre if certain subdivision requirements are met, then Option I could be explored.