The URL can be used to link to this page

Home My WebLink AboutCAP 2007-01-09 Item 2B - Code Amendments - Clarification of Buildable Lots / Zoning Code Amendments City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director RE: Mayor Community Affairs and Parks Committee Steve Lancaster, Director \ / _ .vJ" Brandon Miles, Assistant Planner 7' Clarification of "Buildable Lots" TO: FROM DATE: January 2, 2006 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 d\velling, 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 Tukwi1a 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 this language, staff recommended and the City Council approved a temporary + Q:\Lots\CAP Memo.doc 6300 Southce ter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-36 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 is scheduled for January 16,2007. ANALYSIS The development of substandard lots is currently regulated as follo\vs: 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 defmed 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 o\vner 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. Staffhas 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.l 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. ALTERNATIVES Clarifying 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). t 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\CAP Memo.doc Sjl Page 2 of 4 18.70.030 Substandard Lots A. A lot, as defmed in TMC 18.06.500, which does not meet the minimum dimensional standards average lot width standard for the zone in which it is located may still be developed as a separate lot if the proposed use is one ,vhich 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 defmed 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 ofthis 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. Alternative Amendments The City Council could take this opportunity to modify the way that substandard lots are regulated. This would require additional time and potentially an extension of the moratorium, and is not recommended at this time. 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. Q:\Lots\CAP Memo.doc Sjl / Page 3 of 4 /0 RECOMl\1ENDATION Staff recommends that the Committee forward the proposed clarifying amendment, above, to the COW for its consideration. Under this recommendation, the following next steps would be expected: January 16, 2007: January 22, 2007: January 25,2007: February 5, 2007: Q:\Lots\CAP Memo.doc Sjl Public hearing on moratorium. Staff would explain proposed clarifying amendment and request that Council refer to the Planning Commission. Committee of the Whole briefing. Planning Commission public hearing/recommendation on proposed clarifying amendment. City Council decision (end of moratorium). Page 4 of 4