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File #: Ordinance 26-2015    Name:
Type: Ordinance Status: Passed
File created: 5/11/2015 In control: City Council
On agenda: 6/2/2015 Final action: 6/2/2015
Title: Ordinance amending title 10 of the city code regarding minimum lot size standards and commercial parking lots in the R-5 Residential Multiple Family Zone District.
Attachments: 1. Ordinance No 26-2015, 2. Map of Areas Zoned R-5, 3. Planning Board Resolution 09-2015, 4. Letters re proposed ordinance, 5. Brad Peterson - R-5 City Zoning Letter.pdf
Agenda Date: 06/02/2015
 
Subject:
Title
Ordinance amending title 10 of the city code regarding minimum lot size standards and commercial parking lots in the R-5 Residential Multiple Family Zone District.
Body
 
Presented By:
Andrea Mimnaugh, AICP, Senior Planner
 
POLICY QUESTION:
 
Does city council support amending the city code regarding the minimum lot size standards and commercial parking lots in the R-5 Residential Multiple Family Zone District?
 
BACKGROUND:
 
The R-5 Residential Multiple Family Zone District (R-5 District) allows high density multiple family development with a density up to 43.56 dwelling units per acre.  Lower density residential, such as single- family residences, duplexes and triplexes, are also permitted.  Non-residential uses allowed include churches, assisted living facilities, schools, childcare centers, and medical and dental offices.  Commercial parking lots are allowed with a conditional use approval.
 
STAFF ANALYSIS:
 
Minimum Lot Size Standards
 
There are some property owners in the residentially developed portions of the downtown area who are constructing duplexes and triplexes.  City council recently approved an ordinance which modified the minimum lot size standards in the CA District to allow development and ownership of townhouses in the downtown area.  Since the adoption of this ordinance, city staff has received requests for a similar ordinance, which would apply to the properties zoned R-5 in the downtown area.  The minimum lot requirements in the R-5 District include a minimum lot size of 6,000 sq.ft. and a minimum lot area per residential unit of 1,000 sq.ft.  This means an apartment building or condominium building of six units could be constructed on a 6,000 sq.ft. lot.  However, if duplex or triplex (2 or 3 unit) structures are constructed on a 6,000 sq.ft. lot, the units cannot be sold as townhouse units on separate lots because the lots will be less than 6,000 sq.ft.  each.   Staff believes this restriction is unreasonable since the physical development of the site and impacts generated by it are no different whether it remains as one lot with one owner or two or three lots with separate owners.  Staff has determined that the current code unduly restricts homeownership in the R-5 District.
 
Staff proposes to amend the city code to allow townhouse development and ownership in the R-5 District.  The amendment (section 1 of the attached ordinance) will add a definition of a townhouse to city code section 10-1-2.  Special development standards for townhouses will be added into city code section 10-2-12, which will include a minimum lot size standard of 2,500 sq.ft. and no required minimum lot width.  The same building setback and unobstructed open space standards will apply to the original lot or development parcel, which may be a combination of contiguous lots.  Section 2 of the attached ordinance includes the special townhouse standards.  No increase in the allowed density is proposed.
 
Staff believes that the proposed amendment supports Land Use Policy 6 of the Downtown Neighborhood Plan, which states that the downtown should support a diverse mix of housing options for residents of all ages, incomes, abilities, and family structures.  The implementation strategy for this policy recommends that the relevant city rules and regulations should be reviewed for their possible effect on achieving a mix of housing options.  It further recommends revising the rules and regulations to eliminate barriers to achieving this and to include provisions that would encourage it.  Staff further believes that the amendment supports Land Use Policy 3, which states the existing character of the Old Downtown Neighborhood should be preserved.  There will be no increase in the allowed density.  It is expected to allow more home ownership in the downtown area.
 
Commercial Parking Lots
 
City code section 10-8-2(H) allows off-site parking for commercial uses on a residentially zoned lot located adjacent to a commercial zone district (B-P, T, B-1, B-2, B-3 or CA) provided a conditional use is approved by the city's planning board.  Land Use Policy 3 of the Downtown Neighborhood Plan includes an implementation statement, which recommends deleting as a conditional use in R-5 off-site commercial employee and/or customer parking on residentially zoned lots adjacent to the CA District.  Sections 3 and 4 of the proposed ordinance address this issue by eliminating the commercial parking lots in the R-5 District which are adjacent to the CA District.
 
COMMUNITY OUTREACH:
 
City staff sent notice of the proposal to all property owners in the R-5 District.  A community outreach meeting was held on May 4, 2015.  Approximately 20 people attended.  Attached is a list of comments,       questions and concerns expressed.  Staff also posted notice of the proposed changes on the online forum Next Door.  In addition, several letters and emails are attached.  The main topic of discussion at the meeting was additional home ownership versus the displacement of existing renters in the R-5 District in the downtown area.  Citizens expressed concerns that the proposed changes would create additional ownership opportunities but would displace affordable rental units.  
 
Housing statistics for 2014 (shown below) indicate that only 6.95% of the residential units in the downtown are owner occupied.
 
 
 
Source:  US Census Bureau American Community Survey
 
PLANNING BOARD RECOMMENDATIONS:
 
On May 11, 2015, the planning board reviewed the proposed ordinance amending title 10 regarding minimum lot size standards and commercial parking lots in the R-5 District.  After considering the testimony, the board voted 6 to 1 to recommend city council approve the ordinance.  The board member voting no felt that the proposed changes should be considered later with the overall zoning code rewrite.  
 
Planning Board Resolution No. 09-2015 reflects the planning board's recommendation.
 
FISCAL IMPACTS:
 
None.
 
STAFF RECOMMENDATION:
 
Allowing some existing and new attached units to be subdivided and sold would benefit the downtown by increasing home ownership.  Additionally, removing the potential of commercial parking lots being constructed in the R-5 District will further the stability of the downtown neighborhood.
 
Staff recommends approving the ordinance on second reading.
 
PROPOSED MOTION:
Proposed Motion
I move to approve the ordinance amending title 10 of the city code regarding the minimum lot size standards and commercial parking lots in the R-5 District.