| ITEM #: 6. DATE: 12/16/2024 AI #:2197 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AMENDMENT TO ZONING ORDINANCE REGULATIONS RELATED TO ACCESSORY DWELLING UNITS |
| STAFF PRESENTER(S): | Christian M. Williams, Planning Manager |
SUMMARY
This is a staff-initiated request to amend Articles 2 and 8 of the Goodyear Zoning Ordinance to bring the city’s zoning requirements into conformance with requirements established by recent changes to the Arizona Revised Statutes. This proposed amendment allows an owner of a lot or parcel within a single-family zoning district to construct at least one attached and one detached accessory dwelling unit on the property. The allowance would not apply when the lot or parcel is on land in the territory in the vicinity of a Military Airport or Ancillary Military Facility, or land in the territory in the vicinity of a Federal Aviation Administration Commercially Licensed Airport or a General Aviation Airport, or on land in the territory in the vicinity of a Public Airport, subject to regulations.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT ORDINANCE NO. 2024-1616, AMENDING GOODYEAR ZONING ORDINANCE ARTICLE 2-2 (DEFINITIONS), AMENDING SECTION 8-2 (DETACHED ACCESSORY BUILDINGS, GUEST HOUSES, VENTILATION COURTS, AND PORTABLE STORAGE CONTAINERS), TO INCLUDE PROVISIONS FOR ACCESSORY DWELLING UNITS AND RESTRICTED-AFFORDABLE DWELLING UNITS AND MINOR SCRIVENER'S ERROR; PROVIDING FOR CORRECTIONS, SEVERABILITY, AND AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Christian M. Williams, Planning Manager)
FISCAL IMPACT
There is no direct budget impact associated with the approval of this Zoning Ordinance text amendment.
BACKGROUND AND PREVIOUS ACTIONS
The City of Goodyear Zoning Ordinance regulates the development of all land within the city. Regulations set forth in the Zoning Ordinance may be amended when deemed necessary to best serve the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the city. The current Zoning Ordinance was originally adopted by the City Council in May 1999 and has been the subject of a number of amendments since that time. The purpose of this text amendment is to bring City standards into conformance with the passage of House Bill 2720 during the 2024 Legislative Session, which amended Title 9, Chapter 4, Article 6, Arizona Revised Statues, by adding Section 9-461.18.
STAFF ANALYSIS
Current Policy:
Evaluation Criteria:
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
D. Whether amendment will promote implementation of goals and objections of the City’s General Plan;
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
Public Participation, Public Comment and Planning and Zoning Commission:
The following policies contained within the city of Goodyear Zoning Ordinance are applicable and relevant to this requested text amendment:
- Article 2-2 (Definitions) of the Zoning Ordinance defines certain words and terms used throughout the ordinance.
- Article 8-2 (Detached Accessory Buildings, Guest Houses, Ventilation Courts, and Portable Storage Containers) of the Zoning Ordinance provides for regulations and development standards related to the development of Detached Accessory Buildings, Guest Houses, Ventilation Courts, and Portable Storage Containers.
This request for a text amendment is to add and modify certain definitions and standards related to Accessory Dwelling Units, Casitas, Guest Houses and Restricted-Affordable Dwelling Units. To achieve this intent, the text amendment proposes the following revisions:
- Zoning Ordinance Article 2-2 (Definitions): Adds a definition for “Accessory Dwelling Unit” and “Restricted-Affordable Dwelling Unit”. Clarifies characteristics associated with the definitions “Casita” and “Guest House” specifically, clarifying that a Casita is an attached or detached accessory building and does not contain kitchen (cooking) facilities; and a Guest House shall not have a separate parking area or garage attached.
- Zoning Ordinance Article 8-2 (Detached Accessory Buildings, Guest Houses, Ventilation Courts, and Portable Storage Containers): Renames Article 8-2 to “Detached Accessory Buildings, Guest Houses, Accessory Dwelling Units”. Allows one (1) attached and one (1) detached Accessory Dwelling Unit on any single-family lot located outside of the Vicinity of a Military Airport or Ancillary Military Facility, or land in the territory in the vicinity of a Federal Aviation Administration Commercially Licensed Airport or a General Aviation Airport, or on land in the territory in the vicinity of a Public Airport in conformance with the established General Provisions. In addition, a Restricted-Affordable Dwelling Unit is permitted on lots one (1) acre or larger upon entering into a Deed Restriction or Development Agreement with the city of Goodyear.
Evaluation Criteria:
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;
The amendment is intended to bring the city into conformance with those standards established by Arizona Revised Statutes. Currently, the city only permits Casitas and Guest Houses, but not Accessory Dwelling Units as defined by Arizona Revised Statues. The proposed amendment allows one (1) attached and one (1) detached accessory unit on all single-family lots outside of the Vicinity of a Military Airport or Ancillary Military Facility, or land in the territory in the vicinity of a Federal Aviation Administration Commercially Licensed Airport or a General Aviation Airport, or on land In the territory in the vicinity of a Public Airport as well as an additional Restricted-Affordable Dwelling Unit on lots having an area greater than one (1) acre in size. As such, the amendment will provide for conformance with the newly approved state law.
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
This text amendment is in response to inconsistencies between changes in law, statutory or case law. As previously noted, the purpose of the amendment is to bring city standards into conformance with state law.
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
With this text amendment, an inconsistency with state law will be rectified.
D. Whether amendment will promote implementation of goals and objections of the City’s General Plan;
In General Plan Goal ID-2: A range of housing types, price points, and sizes meet the needs of all ages, incomes and lifestyles.
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
The text amendment should not have any adverse impacts on the general health, safety or welfare of citizens or the general public. The proposed text amendment brings Goodyear into compliance with state federal laws.
Public Participation, Public Comment and Planning and Zoning Commission:
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic West Valley Edition on November 15, 2024. Information on this text amendment was also posted to the current development applications section of the city’s website.
On December 4, 2024, The Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the Planning and Zoning Commission voted (4-0) to recommend City Council approval of this Ordinance.
A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the City Council on December 16, 2024, appeared in the Arizona Republic West Valley Edition on November 15, 2024.
The proposed ordinance is included as Attachment A.
On December 4, 2024, The Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the Planning and Zoning Commission voted (4-0) to recommend City Council approval of this Ordinance.
A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the City Council on December 16, 2024, appeared in the Arizona Republic West Valley Edition on November 15, 2024.
The proposed ordinance is included as Attachment A.