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.