Planning & Zoning Commission Development Services Memo No. 24-058
Date:
10/16/2024
To:
Planning and Zoning Commission
Thru:
Kevin Mayo, Planning Administrator David de la Torre, Planning Manager
From:
Lauren Schumann, Planning Senior Program Manager
Subject:
PLH24-0025 City Code Amendments-State Housing Mandates
Proposed Motion:
Move Planning and Zoning Commission recommend approval of proposed text amendments to backyard chickens, accessory dwelling units, final plats, and establishing review timelines for residential zoning applications, as recommended by Planning staff.
Background/Discussion
In May 2024, Governor Hobbs signed a series of house and state bills with hopes to "expand housing options and help mitigate the effects of rising costs to make life more affordable for everyday Arizonans"
The bills are mandated for municipalities with populations exceeding 75,000 and municipalities must adopt by January 1, 2025
On September 9th, the City Council reviewed the adopted bills in a work session and provided direction to staff to move forward with the proposed amendments listed below.
HB 2720 Accessory Dwelling Units (ADUs)
Current Code- Adopted March 2024
Proposed Code Amendment - State Mandate
# of ADUs Permitted
1 on each single-family lot; may be detached or attached to the main house.
1 accessory structure is permitted for each lot. ADUs are classified as the property's one permitted accessory structure (additional accessory structures such as a detached garage or workshop are not allowed).
1 detached ADU and 1 ADU attached to the main house for a potential total of 2 ADUs on each single-family lot.
*A 3rd ADU can be added if the lot is larger than 1 acre and it is rented as a "restricted-affordable dwelling unit" (deed restriction required)
In order to comply with state mandates, ADUs will be removed from the accessory structure classification in the Zoning Code and re-classified as it's own category, thus allowing a detached garage or workshop on the same lot as an ADU providing that setbacks and other standards are met. In order to be classified as an ADU, it must contain all the following: sanitation facilities, kitchen facilities, and provide a separate, independent entrance from the primary residence.
Max. Size
Cannot occupy more than 30% of rear yard
Limited to 75% gross floor area of the main house or 1,000 square feet interior habitable area, whichever is less
Setbacks
Same as main dwelling unit & cannot be located anterior to the main house
Rear & side yards reduced to 5 feet. Can be located anterior to the main home if front yard setbacks (same that apply to the main home) are met.
Any uninhabitable space (i.e., a garage attached to an ADU) shall comply with the property's setbacks for the main dwelling.
Max. Height
15 feet to top of structure or the mid-point of pitched/sloped roof
Same as max. height permitted of main house (i.e. if zoning allows for 2-story house, then an ADU can also be 2-stories)
Design
Must architecturally match the main house in style, materials and colors.
Cannot be required to match house, therefore, the proposal is to allow an ADU to comply with 1 of 2 options; (1) comply with minimum objective design standards (i.e., stucco, tile roof with a 4 to 12 slope), or (2) match the main house.
Parking
1 space required (either uncovered or covered) on the property (can't count street parking) in addition to the 2 covered parking spaces required for the main home.
No additional space required (state law prohibits cities from requiring additional parking for ADUs)
Short-term Rental Restrictions
Prohibited
Cannot prohibit short-term rentals
HB 2325 Backyard Fowl
Current Code- Adopted January 2023
Proposed Code Amendment - State Mandate
# of Chickens Permitted
5 hens, no roosters
6 hens, no roosters
Coop Size
120 square feet, limited to height of property's perimeter fence, setback five (5) feet from side and rear yards.
No Change
SB 1162 Zoning Shot Clock-Housing Assessment
Establishes timelines for residential rezoning cases
City currently has policies in place regarding review timelines; 20 business days to deem if all documents have been submitted for initial review
The mandate will codify review timelines for all residential rezonings
Determine if application is complete within 30 days of submittal
Next the City has a 180-day deadline to get to City Council for the ultimate vote
The applicant can request one 30-day extension
Bill also requires cities to conduct a housing needs study and publish every five years; a study will be conducted by the General Plan consultant for publication Summer 2025
Authorizing administrative personnel to review and approve plats without public hearing, in order to speed up the development process
Since Preliminary Plats, which establishes lot lines, easements, and tracts, typically are accompanied to rezoning cases, staff proposes to only remove Final Plats from the public hearing process, thus allowing them to be reviewed and approved administratively by the City Engineer.
The Planning & Zoning Commission and the City Council will continue to review and vote on Preliminary Plats
While the Planning and Zoning Commission's purview is limited to Chapter 35 Land Use and Zoning, staff is relaying the proposed code amendments to Chapter 48 Subdivisions relating to Final Plats, as a courtesy
Public Outreach
This request was noticed in accordance with the requirements of the Chandler Zoning Code.
Staff has received multiple phone calls from supportive residents inquiring when the new ADU's rules will be in place.
Staff has also received input from residents concerned about the governor's reduction in building setbacks for ADU's.
