14.B.
City Council Meeting - FINAL
- Meeting Date:
- 09/17/2019
- From:
- Dan Symer, Zoning Code Manager
Information
TITLE
Case No. PZ-19-00095 Updates to Zoning Code 2019 - Accessory Dwelling Units (ADU)
STAFF RECOMMENDED ACTION:
Provide direction to staff on the proposed Zoning Code Text Amendments.
EXECUTIVE SUMMARY:
The Zoning Code was adopted by the City Council on November 1, 2011, to replace the former Land Development Code. Since its adoption, the code has been amended several times to address procedures, add clarity, resolve conflicts, address planning initiatives (accessory dwelling units), incorporate applicant’s requests (West University Drive Entrance Sign District), and to address changes in state law and U.S. Supreme Court decisions (i.e. Reed vs the Town of Gilbert). In addition, on July 2, 2019, the City Council approved an amendment to the Zoning Code to address a series of technical, conflict resolution, and clarity modifications – including the addition of the Seasonal Amusement/Entertainment and Sales, Indoor and related provision to the into the Light Industrial (LI) zone.
The proposed amendment (Case No. PZ-19-00095) includes changes to the Zoning Code specific to ADUs. This amendment is intended to resolve conflicts, add clarity, and to simplify the existing requirements. Revised provisions are being added, and several sections of the reference divisions are being modified, relocated, or deleted.
The proposed amendment (Case No. PZ-19-00095) includes changes to the Zoning Code specific to ADUs. This amendment is intended to resolve conflicts, add clarity, and to simplify the existing requirements. Revised provisions are being added, and several sections of the reference divisions are being modified, relocated, or deleted.
INFORMATION:
Proposed Amendment
The proposed amendment includes multiple changes to the Zoning Code to resolve conflicts, incorporating technical corrections, add clarity, and to simplify the existing requirements. Revised provisions are being added, and several sections of the reference divisions are being modified, relocated, or deleted.
The most significant of the modifications include:
At a subsequent meeting, the City Council will be requested to approve the proposed amendments based on the required findings specified in the Zoning Code. For your reference and discussion purposes, the required findings are specified below.
On May 29, 2019, a public open house meeting and the Planning and Zoning Commission's work session and public hearing were advertised in the Arizona Daily Sun in accordance with State Statute and the Zoning Code. Also, persons of interest that are on file with the Planning and Development Services Department were notified of the work session and hearing via first class mail. Additional notification of the Planning and Zoning Commission's public hearing was published in the Arizona Daily Sun on July 27, 2019, in accordance with State Statute and the Zoning Code. The public open house meeting was held on June 10, 2019, which attended by one person. The Planning and Zoning Commission's work session was held on June 26, 2019, and the Commission's public hearing was held on August 14, 2019.
Prior to the Planning and Zoning Commission's public hearing, staff had met with one individual and received a series of comments that are more specific to the concept of allowing ADU's and the existing related development provisions. A summary of these comments are included as, Attachment #2. Since the comments provided are outside of the scope of the proposed amendments and maybe dissonance to the Regional Plan's goals and policies and previous City Council decisions, they are not addressed in this amendment. Staff will be scheduling a separate City Council work session to discuss and receive direction from the Council regarding the comments.
Planning and Zoning Commission Recommendation
At the August 14, 2019 Planning and Zoning Commission public hearing, the Commission recommended approval of the proposed amendments with a vote of 4-0.
Timeline
The anticipated timeline for the amendments is as follows:
The proposed amendment includes multiple changes to the Zoning Code to resolve conflicts, incorporating technical corrections, add clarity, and to simplify the existing requirements. Revised provisions are being added, and several sections of the reference divisions are being modified, relocated, or deleted.
The most significant of the modifications include:
- Accessory Dwelling Units (ADUs) (10-40.60.030): Modify the design and development standards for ADUs to reclassify attached and detached ADUs to attached, detached, and interior ADUs. Revise, consolidate, and clarify the provisions for the ADUs to address the new types of ADUs. Incorporate provisions related to subdividing a lot that contains an existing ADU. Incorporate clarifications and modifications pertaining to an ADU on a lot greater than one acre.
- Definition of Specialized Terms, Phrases, and Building Functions (Division 10-80.20): Modify and add various definitions of the Zoning Code, including: Accessory Dwelling Unit (ADU), Attached; Accessory Dwelling Unit (ADU), Detached; and Accessory Dwelling Unit (ADU), Interior.
At a subsequent meeting, the City Council will be requested to approve the proposed amendments based on the required findings specified in the Zoning Code. For your reference and discussion purposes, the required findings are specified below.
- The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan;
- The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
- The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
On May 29, 2019, a public open house meeting and the Planning and Zoning Commission's work session and public hearing were advertised in the Arizona Daily Sun in accordance with State Statute and the Zoning Code. Also, persons of interest that are on file with the Planning and Development Services Department were notified of the work session and hearing via first class mail. Additional notification of the Planning and Zoning Commission's public hearing was published in the Arizona Daily Sun on July 27, 2019, in accordance with State Statute and the Zoning Code. The public open house meeting was held on June 10, 2019, which attended by one person. The Planning and Zoning Commission's work session was held on June 26, 2019, and the Commission's public hearing was held on August 14, 2019.
Prior to the Planning and Zoning Commission's public hearing, staff had met with one individual and received a series of comments that are more specific to the concept of allowing ADU's and the existing related development provisions. A summary of these comments are included as, Attachment #2. Since the comments provided are outside of the scope of the proposed amendments and maybe dissonance to the Regional Plan's goals and policies and previous City Council decisions, they are not addressed in this amendment. Staff will be scheduling a separate City Council work session to discuss and receive direction from the Council regarding the comments.
Planning and Zoning Commission Recommendation
At the August 14, 2019 Planning and Zoning Commission public hearing, the Commission recommended approval of the proposed amendments with a vote of 4-0.
Timeline
The anticipated timeline for the amendments is as follows:
- June 26, 2019 – Planning Commission Work Session
- August 14, 2019 – Planning Commission Public Hearing
- September 17, 2019 – City Council Work Session
- October 15, 2019 – City Council Public Hearing (1st Reading of Ordinance)
- November 5, 2019 – City Council Hearing (2nd Reading of Ordinance/Adoption)
- December 5, 2019 – Ordinance Effective Date