10.
City Council Work Session
- Meeting Date:
- 06/11/2024
- From:
- Tiffany Antol, Zoning Code Manager
- Department:
- Planning & Development Services
Co-Submitter:
TITLE:
Discussion regarding High Occupancy Housing zoning requirements and zoning code regulations tied to components of the Regional Plan
DESIRED OUTCOME:
Receive direction from Council regarding an amendment to the Flagstaff Zoning Code to address unforeseen consequences of the High Occupancy Housing zoning requirements and zoning code regulations tied to the Regional Plan.
Executive Summary:
In February 2018, the City Council adopted the citywide High Occupancy Housing (HOH) Plan, a specific plan and associated amendments to the Regional Plan. The HOH Plan was developed in response to the community’s dialogue about previously proposed high-intensity mid-rise developments near historic neighborhoods that primarily catered to college students. The purpose of the HOH Plan is to provide direction in the form of goals and policies intended to enhance and maintain the city’s character and guide future developments that would be considered High Occupancy Housing (HOH). The HOH Plan identified dozens of strategies that could be implemented to address the unintended impacts of these buildings on neighborhood character, affordability, and transportation. After the adoption of the HOH Plan, staff received direction and affirmation from City Council on October 8, 2019, to address smaller developments not originally in the scope of the HOH Plan that may also be considered as HOH. The smaller HOH developments that staff were directed to consider are single-family, two-unit (duplex), three-unit (triplex), and multiple-family developments.
On November 17, 2020, the Flagstaff City Council adopted the High Occupancy Housing Zoning Code Text Amendment which became effective on March 1, 2021. A conditional use permit is required for any development meeting the definition of High Occupancy Housing Development (HOHD) or a Mixed-Use High Occupancy Housing Development (MHOHD).
A High Occupancy Housing Development (HOHD) is any of the following:
On November 17, 2020, the Flagstaff City Council adopted the High Occupancy Housing Zoning Code Text Amendment which became effective on March 1, 2021. A conditional use permit is required for any development meeting the definition of High Occupancy Housing Development (HOHD) or a Mixed-Use High Occupancy Housing Development (MHOHD).
A High Occupancy Housing Development (HOHD) is any of the following:
- Single-family dwelling unit with seven or more bedrooms, or five or more sanitation facilities.
- Duplex or two dwelling units on a lot or parcel with more than a total of seven bedrooms, or if any of the dwelling units contain four or more sanitation facilities.
- Multiple-family developments with three dwelling units on a lot or parcel with more than a total of nine bedrooms, or if any of the dwelling units contain four or more sanitation facilities.
- Multiple-family development with four dwelling units, or greater on a development site with any of the following:
- More than 20 percent of the total dwelling units have four bedrooms or more;
- One or more of the dwelling units contain four or more sanitation facilities;
- The total number of dwelling units per acre, or bedrooms per acre, requires a Conditional Use Permit for an HOHD in accordance with the building form and property development standards of the property’s designated zone; or
- If the property elects the transect zone, the density is greater than 29 dwelling units per acre or 72.5 bedrooms per acre.
- A Mixed-Use High Occupancy Housing Development includes any of the following:
- More than 20 percent of the total dwelling units have four bedrooms or more;
- One or more of the dwelling units contain four or more sanitation facilities; or
- The total number of dwelling units per acre, or bedrooms per acre, requires a Conditional Use Permit for an MHOHD in accordance with the building form and property development standards of the property’s designated zone.
- If the property elects the transect zone, the density is greater than 29 dwelling units per acre or 72.5 bedrooms per acre.
Information:
The High Occupancy Housing general requirements within the Zoning Code include several provisions that are based on classifications within the Regional Plan. For example:
Staff was approached by a property owner wanting to use the T4N.1 Transect Zone to build a 20-unit apartment building on a parcel of land sitting just outside of two activity centers. The project is three-stories and all units in the proposed building are either one bedroom or studio units. The potential project has a proposed density of approximately 60 units per acre. Staff is concerned that the strict limitation of this land use to activity centers may result in a reduction of housing projects that could benefit the City of Flagstaff and there are sites outside existing activity centers that are suitable for High Occupancy Housing Developments with 4 or more. Staff proposes to create alternative standards where High Occupancy Housing Developments with 4 or more units or Mixed-Use High Occupancy Housing uses are preferred, allowing the Planning & Zoning Commission (and Council as well) greater authority to consider sites that are appropriate for these land uses. The zoning code includes similar provisions for Telecommunication Facilities in Section 10-40.60.310.
Another catalyst for pursing changes to High Occupancy Housing general requirements is the required update to the Regional Plan which must occur every 10 years according to state statutes. It is likely that both activity centers and commercial corridors will change as part of this update. They are likely to change in category, area, and number, which could modify which properties are eligible to apply for a conditional use permit. These changes will likely impact the following requirements in the zoning code:
An HOHD in a Commercial Zone shall be:
Building Footprint Sizes and Separation Requirements.
Staff is proposing to amend these requirements to remove references to designations in the Regional Plan and rather tie them to other codes and official designations. These could include the Engineering Standards for road classifications or designated historic districts in place of historic activity centers. This will allow staff and the Regional Plan Committee to make changes to the Future Growth Illustration without limitation or encumbrance. Staff is also concerned about the hard limits on building footprints as they may also limit the overall density that could be achieved. The example project discussed above, would most likely fall within the boundaries of a historic activity center, and would be limited to a building footprint of 5,000 square feet. Building footprint includes the largest floor plate of a structure, including interior courtyards, abutting and interior, or partial interior, podium and above-ground parking structure(s), and structures connected with a continuous roof. The proposed project (referenced above) has a building footprint of 6,000 square feet but would conform with the zoning code allowances for lot coverage. The property owner would appreciate the opportunity to explain through the conditional use permit process that this building is still compatible with the surrounding area. The hope is to keep all the same parameters as are currently existing in code but create a more flexible environment that will allow a wider array of projects to apply for a conditional use permit.
In addition to the general requirements for HOHD and MHOHD projects, this zoning code text amendment altered the density requirements for all residential projects within the Resource Protection Overlay (RPO) as well as adding bedroom density allowances for all residential developments. HOHD or MOHD projects in commercial zones are able to exceed both maximum unit and bedroom density through the Conditional Use Permit process. Before this amendment, the Zoning Code included separate dwelling unit density standards for properties inside the RPO versus outside the RPO. For example, in the High Density Residential zone, properties outside the RPO were allowed a maximum of 29 units per acre and properties inside the RPO were allowed a maximum of 22 units per acre. The amendment added a third category for properties within the RPO and within the pedestrian shed of an activity center and provided the same density as if the property was outside the RPO (so in this example 29 units per acre). Changes to existing activity centers may create new legal non-conforming properties and limit the development potential of others. Staff recommends that all parcels within the same zone, regardless of the RPO, have the same density allowance.
If the Council agrees with the direction of the proposed amendments, staff would like to process the Zoning Code Text Amendment by the end of the year.
- An HOHD or MHOHD with four or more dwelling units shall be located inside of a pedestrian shed of an activity center delineated in the General Plan or applicable Specific Plan.
- Inside of a pedestrian shed of a Regional Activity Center, an HOHD or MHOHD in a commercial zone may contain more than 50 dwelling units per acre and/or 125 bedrooms per acre.
Staff was approached by a property owner wanting to use the T4N.1 Transect Zone to build a 20-unit apartment building on a parcel of land sitting just outside of two activity centers. The project is three-stories and all units in the proposed building are either one bedroom or studio units. The potential project has a proposed density of approximately 60 units per acre. Staff is concerned that the strict limitation of this land use to activity centers may result in a reduction of housing projects that could benefit the City of Flagstaff and there are sites outside existing activity centers that are suitable for High Occupancy Housing Developments with 4 or more. Staff proposes to create alternative standards where High Occupancy Housing Developments with 4 or more units or Mixed-Use High Occupancy Housing uses are preferred, allowing the Planning & Zoning Commission (and Council as well) greater authority to consider sites that are appropriate for these land uses. The zoning code includes similar provisions for Telecommunication Facilities in Section 10-40.60.310.
Another catalyst for pursing changes to High Occupancy Housing general requirements is the required update to the Regional Plan which must occur every 10 years according to state statutes. It is likely that both activity centers and commercial corridors will change as part of this update. They are likely to change in category, area, and number, which could modify which properties are eligible to apply for a conditional use permit. These changes will likely impact the following requirements in the zoning code:
An HOHD in a Commercial Zone shall be:
a. On a lot or parcel that is setback at least 300 feet from the centerline of a street classified as a Commercial Corridor identified on the General Plan; and
b. There shall be an existing primary mixed-use development or commercial use(s), excluding primary transportation and infrastructure uses, on the lot(s) or parcel(s) between the HOHD and the Commercial Corridor street.
Building Footprint Sizes and Separation Requirements.
1. Maximum building footprint inside a pedestrian shed of a Historic Activity Center delineated in the General Plan or applicable Specific Plan, excluding properties zoned Commercial Business (CB): Equal to, or less than, 5,000 square feet.
2. Maximum building footprint inside a pedestrian shed of a Historic Activity Center delineated in the General Plan or applicable Specific Plan, and on a property zoned Commercial Business (CB): Equal to, or less than, 22,000 square feet.
3. Maximum building footprint inside a pedestrian shed of a Regional Activity Center delineated in the General Plan or applicable Specific Plan: No Maximum.
4. Maximum building footprint inside a pedestrian shed of an activity center in all other areas not described in subsections B.1., B.2., and B.3. of this section: Equal to, or less than, 22,000 square feet.
5. Excluding the Commercial Business (CB) zone, the minimum separation between the building footprints of structures on the same lot or parcel, and structures on an abutting lot or parcel, shall be separated by a distance that is the greater of 10 feet, or one-third the height of the taller structure.
6. Where the area of a pedestrian shed of an activity center intersects with the area of a pedestrian shed of another activity center, the pedestrian shed with the more restrictive maximum building footprint requirement shall govern the intersecting area. The locations of the pedestrian sheds of the activity centers are identified in the General Plan, including any applicable Specific Plans.
Staff is proposing to amend these requirements to remove references to designations in the Regional Plan and rather tie them to other codes and official designations. These could include the Engineering Standards for road classifications or designated historic districts in place of historic activity centers. This will allow staff and the Regional Plan Committee to make changes to the Future Growth Illustration without limitation or encumbrance. Staff is also concerned about the hard limits on building footprints as they may also limit the overall density that could be achieved. The example project discussed above, would most likely fall within the boundaries of a historic activity center, and would be limited to a building footprint of 5,000 square feet. Building footprint includes the largest floor plate of a structure, including interior courtyards, abutting and interior, or partial interior, podium and above-ground parking structure(s), and structures connected with a continuous roof. The proposed project (referenced above) has a building footprint of 6,000 square feet but would conform with the zoning code allowances for lot coverage. The property owner would appreciate the opportunity to explain through the conditional use permit process that this building is still compatible with the surrounding area. The hope is to keep all the same parameters as are currently existing in code but create a more flexible environment that will allow a wider array of projects to apply for a conditional use permit.
In addition to the general requirements for HOHD and MHOHD projects, this zoning code text amendment altered the density requirements for all residential projects within the Resource Protection Overlay (RPO) as well as adding bedroom density allowances for all residential developments. HOHD or MOHD projects in commercial zones are able to exceed both maximum unit and bedroom density through the Conditional Use Permit process. Before this amendment, the Zoning Code included separate dwelling unit density standards for properties inside the RPO versus outside the RPO. For example, in the High Density Residential zone, properties outside the RPO were allowed a maximum of 29 units per acre and properties inside the RPO were allowed a maximum of 22 units per acre. The amendment added a third category for properties within the RPO and within the pedestrian shed of an activity center and provided the same density as if the property was outside the RPO (so in this example 29 units per acre). Changes to existing activity centers may create new legal non-conforming properties and limit the development potential of others. Staff recommends that all parcels within the same zone, regardless of the RPO, have the same density allowance.
If the Council agrees with the direction of the proposed amendments, staff would like to process the Zoning Code Text Amendment by the end of the year.