Print Agenda Item

Image of Simpleuploads image 1593013230575

ITEM 7

City Council Memorandum Development Services Memo No. 24-059

Date:

November 7, 2024

To:

Mayor and Council

Thru:

Joshua H. Wright, City Manager
Andy Bass, Deputy City Manager
Kevin Snyder, Development Services Director

From:

Lauren Schumann, Planning Senior Program Manager

Subject:

PLH24-0025 City Code Amendments-State Housing Mandates
Introduction and Tentative Adoption of Ordinance No. 5113

Proposed Motion:

Move City Council introduce and tentatively adopt Ordinance No. 5113 approving PLH24-0025 City Code Amendments-State Housing Mandates, text amendments pertaining to backyard chickens, accessory dwelling units, final plats, and establishing review timelines for residential zoning applications, as recommended by Planning and Zoning Commission.

Background:

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 their provisions by January 1, 2025
On September 9, 2024, 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 their 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 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 and cannot be located anterior to the main house

Rear and 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 either of 2 options: (1) 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 (cannot 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 Requirements

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 approved/disapproved 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 schedule for City Council for vote
- The applicant can request one 30-day extension
Bill also requires cities to conduct a housing needs study and publish every five years; in October, City Council approved consultant contract to conduct housing study in conjunction with General Plan, with anticipated completion in summer 2025

SB 1103 Administrative review; approvals; developments

Authorizing administrative personnel to review and approve plats without public hearing in order to expedite the development process
Since Preliminary Plats are typically are tied 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, as requested by City Council during a work session on September 9, 2024
City Code Chapter 48 Subdivisions will be amended, transferring City Council's review and approval of final plats to the Development Services Director or designee

Public Outreach

This request was noticed in accordance with the requirements of the Chandler Zoning Code.
Staff have 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.

Housing Impact Statement:
Pursuant to A.R.S. § 9-462.01 (J), staff has considered the impact this ordinance will have on the cost of constructing housing for sale or rent. Based on limited information known at this time, staff believes that the impact will be minimal considering the many economic factors that determine the cost of constructing housing. This ordinance was drafted as a result of state legislation that requires cities to adopt code amendments, and the state legislature did not provide any additional data or reference material to indicate how this ordinance may impact the cost of constructing housing for sale or rent. Staff does not believe that there is a less costly or less restrictive alternative method of achieving the purpose of the code amendments.

Planning and Zoning Commission Vote Report
Planning and Zoning Commission meeting October 16, 2024
Motion to approve

In Favor: 6 Opposed: 0 Absent 1 (Lopez)

Attachments

Ordinance No. 5113

HB 2720 Accessory Dwelling Units

HB 2325 Backyard Fowl

SB 1162 Shot Clock- Housing Assessment

SB 1103 Administrative review; approvals; developments