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HomeMy WebLinkAboutCOW 2007-01-22 Item 4A - Ordinance - Development of Substandard Lots Zoning Code COUNCIL AGENDA SYNOPSIS ITEM NO. Q p1t, 1 Meeting Date Prepared by-A 1 Mayor's t view Council review 1 ;1 ,t ;z 1 01/22/07 I SL 1 2.4 Ct I I ITEM INFORMATION CAS NUMBER: 07-009 I ORIGINAL AGENDA DALE: 1 22/ 07 AGENDA ITEM TITLE Substandard Lots CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/22/07 Mtg Date Mtg Date Mtg Date Ditg Date Ritg Date Mtg Date SPONSOR Council Mgyor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Clarification of zoning code language regarding development of "substandard Tots" within SUMMARY the City. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: CAP 1/9/07 RECOMMENDATIONS: SPONSOR /ADMMI. Forward to Planning Commission COMilTI•hE Forward to Planning Commission COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE I RECORD OF COUNCIL ACTION MTG. DATE J ATTACHMENTS 01/22/07 Memo from DCD, dated January 10, 2007 01/22/07 Minutes from 1/9/07 CAP meeting. 1 A q 1411. Ci�y l �ki,vil Steven M. Mullet, Mayor w to Department of Community Development Steve Lancaster, Director 1908 TO: Mayor Committee of the Whole FROM Steve Lancaster, Director Brandon Miles, Assistant Planner RE: Clarification of "Buildable Lots" DATE: January 10, 2007 ISSUE Clarification of code language regarding development of substandard lots. BACKGROUND In 1995, the City Council established the minimum lot size for the Low Density Residential (LDR) district at 6,500 square feet. For several years thereafter, the City allowed any legally created LDR lot to be developed with one single family dwelling, even if the lot was smaller than 6,500 square feet. This led to concern regarding a proliferation of new residences on lots as small as 2500 -3000 square feet. In 2005 the City adopted Ordinance 2097 which modified the development requirements for building on such substandard lots. Modified language was added in Tukwila Municipal Code (TMC) 18.70.030. The intent and effect of the modified language was as follows: 1. In order to be developable, a lot must meet all basic development standards with the exception of average lot width. 2. If a lot cannot meet basic development standards it must be combined with adjacent lots. 3. In rare situations an individual may seek a variance to basic development standards. Recently, the language included in Ordinance 2097 to accomplish this intent (codified at TMC 18.70.030) has been called into question. It has been alleged that the language is contradictory and unclear. In order to erase any doubt regarding the intent and effect of Q:\Lots \COW\COW Memo.doc 7,;..... D,...o 1 ..F A 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 this language, staff recommended and the City Council approved a temporary moratorium on the development of substandard lots, to allow the City to reaffirm its intention and clarify the code language. A public hearing on the moratorium was conducted on January 16, 2007. ANALYSIS The development of substandard lots is currently regulated as follows: 18.70.030 Substandard Lots A. A lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional standards for the zone in which it is located may still be developed as a separate lot if the proposed use is one which is permitted in the zone and the proposed development can comply with the requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards for the applicable zone and other applicable land use and environmental requirements may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. C. Nothing in this subsection shall be deemed to prevent the owner of a sub standard lot from applying for or receiving approval of variances pursuant to TMC Chapter 18.72. Confusion has been expressed regarding use of the term "minimum dimensional standards." The term is not defined or referenced elsewhere within the Zoning Code. Staff has interpreted the term "minimum dimensional standards" to mean the "minimum average lot width" standard included in the code's Basic Development Standards tables, because this is the only lot standard that is expressed as a dimension.' This interpretation is consistent with the rules of statutory construction and is also consistent with our understanding of City Council intent related to the adoption of substandard lot requirements under Ordinance 2097. STAFF'S RECOMMENDATION Clarifvina Amendment In order to avoid confusion in the future, staff recommends the following modification of the language found at TMC 18.70.030 (presented in strikethrough underline format). I Several dictionaries were consulted to confirm the meaning of the word "dimension." These sources consistently define the term as a measurement of size in a specific direction, such as length, width or height. Q:\Lots \COW\COW Memo.doc bjm Page 2 of 4 18.70.030 Substandard Lots A. A lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional standard) standard average lot width for the zone in which it is located may still be developed as a separate lot if the proposed use is one which is permitted in the zone and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards (other than lot width) for the applicable zone and other applicable land use and environmental requirements may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. C. Nothing in this subsection shall be deemed to prevent the owner of a sub standard lot from applying for or receiving approval of variances pursuant to TMC Chapter 18.72. The effect of this amendment would be to reconfirm and make clear that: 1. A lot meeting all Zoning Code requirements except for the minimum width standard may be developed. 2. A lot not able to meet other Zoning Code requirements (e.g., lot area, setbacks) may be developed if combined with other property so that it will meet these requirements, or if the owner is able to obtain a variance. ALTERNATIVES Modified Regulation of Substandard Lots The City Council could take this opportunity to modify the way that substandard lots are regulated. Modified Development Standards The City Council could take this opportunity to modify development standards (minimum lot size, setback requirements, design standards, etc) to allow smaller lot development. If the Council wishes to pursue one of the two alternatives it would require additional time and would likely require extension of the moratorium, and is not recommended at this time. In the event Council is interested in looking at options for smaller lot Q:\Lots \COW\COW Memo.doc bjm Page 3 of 4 development, staff recommends adoption of the proposed "clarifying amendment" as a first step. No Action The City Council could choose to take no action at this time. Staff would continue to interpret the Zoning Code as we have since Ordinance 2097 was adopted. This could lead to continued confusion and dispute over the effect of Ordinance 2097, and is not recommended. NEXT STEP Staff recommends that the Committee forward the proposed clarifying amendment, above, to the Planning Commission for consideration. Under this recommendation, the following next steps would be expected: January 25, 2007: Planning Commission public hearing /recommendation on proposed clarifying amendment. February 5, 2007: City Council Public Hearing City Council decision (end of moratorium). Q:\Lots \COW\COW Memo.doc bjm Page 4 of 4 Minutes January 9, 2007 2 Community Affairs Parks Committee Mr. Robertson noted that there would one caseworker for every 12 residents. Ms. Blanchard reviewed the types of services that would be provided based on individual resident needs (mental health services, supportive employment and chemical dependency services). Ms. Blanchard clarified that caseworker to resident ratio would range from 1 -12 to 1 -40 depending on the needs of each resident. Mr. Robertson asked how the facility would be managed. Ms. Blanchard noted that together LIHI and SMH would provide on -site management and 24 hour clinical services. Ms. Linder asked for an additional information to be provided to council: a description of projects undertaken by Housing First, eligibility requirements and how residents would be screened, defmition of the city's commitment (e.g., total amount, in -kind commitments, span for payment), and identify number of units set aside for resident and those for services. She offered to review the packet of information prior to submittal to council. Forward to Committee of the Whole for discussion. B. Clarification of "buildable lots" and Zoning Code amendments Mr. Lancaster noted that in 1995 the City established the minimum lot size for low density residential (LDR) district at 6,500 sq. ft. for single family dwelling. To clarify the intent and effect of "substandard lots," from August 2005, a moratorium was imposed in order to allow the city an opportunity to reaffirm its intention and clarify the code. Mr. Lancaster pointed out that there has been more development in Allentown as a result of sewers being installed. There are many lots which are 2,500 -3,000 sq. ft that were platted and recorded. Mr. Lancaster continued and stated that at the January 16 regular council meeting, a public hearing will be held on the moratorium. Then, a process will begin to clarify the amendment to the ordinance. He discussed the proposed changes, striking "dimensional standards" and inserting "average lot width standard." He noted that an owner of a substandard lot can apply for a variance. He reviewed the other proposed changes. Ms. Carter suggested using "standard for average lot width" rather than "average lot width standard." Forward to January 16 regular meeting for public hearing. Adjournment: 7:00 p.m. r y Committee Chair Approval Minutes by DJ. Reviewed by RB, EB, and SL.