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  9.A.       
Meeting Date: 10/06/2020  
From: Dan Symer, Zoning Code Manager

Information
TITLE
Case No. PZ-19-00125 Updates to Zoning Code 2020 - High Occupancy Housing Specific Plan
STAFF RECOMMENDED ACTION:
Hold a work session to allow the City Council and the public to ask questions, seek clarification, have discussions, offer comments, and provide direction on the proposed amendment.
EXECUTIVE SUMMARY:
The proposed amendment (Attachment 1) is intended to implement the High Occupancy Housing Specific Plan (HOH Plan) that was adopted by the City Council in February 2018.  To implement the goals, policies, and implementation strategies of the HOH Plan, multiple changes to the Zoning Code are being proposed.  First and foremost, the amendment removes the Rooming and Boarding Land Use and adds the High Occupancy Housing Development (HOHD) and Mixed-Use High Occupancy Housing Development (MHOHD) related land uses to the Zoning Code as conditional uses.  The proposed land uses address small-, medium-, and large-scale HOHDs and MHOHDs.  In addition to the land uses, the amendment includes provisions related to vehicle and bicycle parking, a transit pass parking reduction program, locational criteria, density and bedrooms per acre allowances, Use Specific criteria, and Conditional Use Permit criteria.

The text below in red indicates new information as requested by the Council as well as some additional minor modifications.

Specific to this discussion, the Zoning Code Text Amendment has been updated related to the City Council's August 25, 2020, direction pertaining to the definitions of a Single-Family HOHD and Sanitation Facility (Sections IV.A. and B., below).  To accommodate the City Council's modifications, a systematic increase to the Two-unit HOHD bedroom count, greater than seven, has been incorporated (Section IV.C.1., below).  Also, the number of Sanitation Facilities in a HOHD or MHOHD dwelling unit has been updated, and the Bedroom-to-Sanitation Facility Ratio has been deleted.  In addition, the provisions have been updated to address concerns related to the maximum number of bedrooms that the Two- and Three-unit HOHDs are allowed (Section IV.C.2., below). Finally, clarification has been added related to the applicability of the bedroom distribution requirement, Bedroom-to-Dwelling Unit Ratio, intersecting pedestrian sheds of activity centers, Crime Free Multi-Housing Program, HOHD or MHOHD typical floor plan or residential unit study, Waste Management Plan, and transit stop location provisions (Sections IV.C.3. and V., below).
INFORMATION:
  1. I. City Council Questions:
For your reference, below is a general overview of the questions on which staff is seeking the City Council’s comments and direction.
  • Does the City Council have any recommended modifications or considerations on the proposed Zoning Code Text Amendment?
  • Does the City Council desire to maintain the staff recommended Two- and Three-unit HOHD bedroom maximums?
Please refer to the discussion in section IV.C.2. of the report.

II. Introduction:
In February 2018, the City Council adopted the citywide High Occupancy Housing Specific Plan (HOH Plan). The HOH Plan was developed in response to the community’s dialogue about previously proposed high-intensity mid-rise developments near historic neighborhoods that primarily catered to college students. The HOH Plan is intended to provide direction in the form of goals and policies to accommodate a variety of housing options in areas of the city that can support infill, redevelopment, and mixed-use activities.  These goals and policies are intended to enhance and maintain the city’s character and guide future developments that would be considered High Occupancy Housing (HOH). It should be noted that the HOH Plan’s listed implementation strategies about the Zoning Code amendments (Pages 102, 103, 105, and 106 of the HOH Plan) “…may be accomplished through another method...” to achieve “…the goals and policies of the HOH Specific Plan and the Regional Plan” (Page 99 of the HOH Plan). 

After the adoption of the HOH Plan, staff received direction and affirmation from City Council on October 8, 2019, to address smaller developments that may also be considered as HOH. The smaller HOH developments that staff was directed to consider are single-family, two-unit (duplex), three-unit (triplex), and multiple-family developments that were not addressed in the HOH Plan.
 
It should be noted that the HOH Plan did not scrutinize addressing smaller HOH developments. For context, the HOH Plan defines an HOH development as any development that has at least 30 units or 75 bedrooms per acre (Page 2 and 110 of the HOH Plan).  When the HOH Plan was developed, the Plan primarily focused on large-scale developments.  Developments that were included in the HOH Plan analysis were The HUB, The Standard, Village at Aspen Place, Fremont Station, etc. 

III. Overview of Proposed Amendment:
To implement the goals, policies, and implementation strategies of the High Occupancy Housing Specific Plan, the proposed amendment (Attachment 1) includes multiple changes to the Zoning Code.  New provisions are being added, and several existing regulations are being modified.  The most significant of the modifications include the:
  • Removal of the Rooming and Boarding Land Use;
  • Incorporation of the proposed High Occupancy Housing Development (HOHD) and Mixed-Use High Occupancy Housing Development (MHOHD) related land uses;
  • Incorporation of the maximum bedrooms per acre allowed for developments in the Non-Transect Zones, and additional allowances in the pedestrian shed of an activity center;
  • Incorporation of the maximum dwelling units per acre allowed for mixed-use developments in Commercial Zones without a Conditional Use Permit, and additional allowances in the pedestrian shed of an activity center;
  • Incorporation of a Conditional Use Permit requirement for a HOHD and MHOHD in the Transect Zones;
  • Incorporation of the HOHD and MHOHD use specific standards;
  • Incorporation of the Transit Pass Parking Reduction Pilot Program;
  • Incorporation and modifications to the parking requirements;
  • Incorporation of bicycle space requirements for a HOHD and MHOHD;
  • Incorporation of design requirements for bicycle racks, bins, and storage facilities; and
Summary of the Staff Revisions to the Zoning Code:
The proposed amendment includes:

1. Residential Zones (Section 10-40.30.030):
  • The following land uses have been added to Table 10-40.30.030.B.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; and High Occupancy Housing Development, Four-units and Greater.
  • The Rooming and Boarding Facilities land use has been deleted from Table 10-40.30.030.B.
  • The gross density provisions of Table 10-40.30.030.C. have been updated to include provisions for the properties zoned with the Resource Protection Overlay in and outside of a pedestrian shed of an activity center.
  • Bedrooms per acre provisions have been added to Table 10-40.30.030.C. for multiple-family developments that have more than four dwelling units.
2. Commercial Zones (Section 10-40.30.040):
  • The following land uses have been added to Table 10-40.30.040.B.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; High Occupancy Housing Development, Four-units and Greater; and Mixed-Use High Occupancy Housing Development.
  • The Rooming and Boarding Facilities land use has been deleted from Table 10-40.30.040.B.
  • The gross density provisions of Table 10-40.30.040.C. have been updated to include provisions for a HOHD and MHOHD in and outside of a pedestrian shed of an activity center.
  • Bedrooms per acre provisions have been added to Table 10-40.30.040.C. for multiple-family developments that have more than four dwelling units.
3. T3 Neighborhood I (T3N.1) Standards (10-40.40.050):
  • The following land use has been added to Table H.: High Occupancy Housing Development, Single-Family.
  • The Rooming and Boarding Facilities land use has been deleted from Table H.
4. T3 Neighborhood 2 (T3N.2) Standards (10-40.40.060):
  • The following land uses have been added to Table H.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; and High Occupancy Housing Development, Four-units and Greater.
  • The Rooming and Boarding Facilities land use has been deleted from Table H.
5. T4 Neighborhood 1 (T4N.1) Standards (10-40.40.070):
  • The following land uses have been added to Table I.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; and High Occupancy Housing Development, Four-units and Greater.
  • The Rooming and Boarding Facilities land use has been deleted from Table I.
6. T4 Neighborhood 2 (T4N.2) Standards (10-40.40.080):
  • The following land uses have been added to Table I.: High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; and High Occupancy Housing Development, Four-units and Greater.
  • The Rooming and Boarding Facilities land use has been deleted from Table I.
7. T5 Main Street (T5) Standards (10-40.40.090):
  • The following land uses have been added to Table I.: High Occupancy Housing Development, Three-units; High Occupancy Housing Development, Four-units and Greater; and Mixed-Use High Occupancy Housing Development.
  • The Rooming and Boarding Facilities land use has been deleted from Table I.
8. T6 Downtown (T6) Standards (Section 10-40.40.100):
  • The following land uses have been added to Table H.: High Occupancy Housing Development, Three-units; High Occupancy Housing Development, Four-units and Greater; and Mixed-Use High Occupancy Housing Development.
  • The Rooming and Boarding Facilities land use has been deleted from Table H.
9. Specific to Uses (Division 10-40.60): Added Section 10-40.60.175, High Occupancy Housing Developments, and Mixed-Use High Occupancy Housing Developments.  This section includes the use of specific standards and regulations related to:
  • General Requirements;
  • Building Footprint Sizes and Separation Requirements;
  • Waste Management Plan;
  • Crime Free Multi-Housing Program; and
  • Additional Conditional Use Permit Criteria.
10. Mixed Use (10-40.60.260): Subsection D has been updated to remove the regulations that conflict with the proposed HOHD and MHOHD provisions.

11. Parking Standards (Division 10-50.80): Added Section 10-50.80.061, Transit Pass Parking Reduction Pilot Program, and related regulations.

12. Number of Motor Vehicle Parking Spaces Required (Section 10-50.80.040): Modified the existing parking requirements for single-family dwellings, added clarifications, and incorporated parking requirements for the HOHD and MHOHD.

13. Bicycle Parking (Section 10-50.80.050): Updated the existing requirements and added requirements for the HOHD and MHOHD, including design requirements.

14. Parking Adjustments (Section 10-50.80.060): Updated the existing requirements to include provisions for HOHDs and MHOHDs.  Also, the parking study requirements have been updated to include requirement clarifications and when a request for a parking reduction requires the City Council approval.

15. Parking Standards (Division 10-50.80): Incorporated a provision for a Transit Pass Parking Reduction Pilot Program for HOHDs and MHOHDs.

16. Parking Spaces, Parking Lot Design and Layout (Section 10-50.80.080): Updated the existing requirements to limit the use of tandem parking spaces to single-family attached and detached dwelling units and duplex developments in the Non-Transect Residential Zones.

17. Specific to Building Types (Division 10-50.110): The following sections have been modified to remove the allowance for tandem parking: 10-50.110.080, 10-50.110.090, 10-50.110.100, 10-50.110.110, and 10-50.110.120.

18. Definition of Specialized Terms, Phrases, and Building Functions (Division 10-80.20):
  • The following definitions have been added: High Occupancy Housing Development (HOHD); High Occupancy Housing Development, Single-Family; High Occupancy Housing Development, Two-units; High Occupancy Housing Development, Three-units; High Occupancy Housing Development, Four-units and Greater; Mixed-Use High Occupancy Housing Development (MHOHD); and Ratio, Bedroom-to-Dwelling Unit.
19. Flagstaff Zoning Code, Appendices (Title 10): Added Appendix 1.4 Bicycle Parking Space Design Requirements.  This appendix includes regulations and design requirements for bicycle parking spaces.

IV. Summary of August 25, 2020, City Council Work Session Direction and Modifications:
At the August 25, 2020, City Council Work Session meeting, the City Council requested the staff to revise the definitions of a Single-Family HOHD and Sanitation Facility.  In addition, a member of City Council requested the staff to look at the number of bedrooms in a Two- and Three-unit HOHD, and return with revised definitions and revised allowances.  Staff’s response to the City Council’s direction and related modifications are described below.
 
A.    Single-Family HOHD
 
The City Council requested the staff to revise the Single-Family HOHD definition to be based on a single-family dwelling containing seven bedrooms or more, or having five or more sanitation facilities.  To accommodate the Council’s request, the proposed draft has been updated to include the following definition of a Single-Family HOHD:
  • High Occupancy Housing Development, Single-Family: A single-family attached or detached dwelling unit with:
a.    Seven or more bedrooms; or 
b.    Five or more sanitation facilities.
 
B.    Sanitation Facility

The City Council requested the staff to revise the existing definition of a Sanitation Facility to be limited to a facility that is a three-quarter bathroom (toilet, sink, and a shower) or greater.  To accommodate the City Council request, the proposed modification to the definition includes two parts.  The first part defines a Sanitation Facility as a room containing a toilet, sink, and a shower or tub (the “fixtures”).   Since there are many configurations of a Sanitation Facility that are intended to function as a three-quarter bathroom or a full bathroom, it is necessary to address when the fixtures are not in the same room but are in close proximity.  The second part of the definition incorporates this consideration. 

The Sanitation Facility definition has been modified as follows:
  • Sanitation Facility: A delineated area for bathing that contains a toilet, sink, and a shower or tub. The fixtures (toilet, sink, and a shower or tub) may be located in a room or in close proximity that functions as a Sanitation Facility as determined by the Zoning Administrator.
The proposed definition and the associated figure are included in Section 28 of Attachment 1.
 
C.    Two- and Three-unit HOHDs
 
To accommodate the City Council’s modification to the definition of a Single-Family HOHD, additional changes are necessary to the proposed amendment to maintain the validity of the associated regulations.  The required changes include modifying the number of bedrooms that would be considered a Two-unit HOHD and incorporating a maximum number of bedrooms allowed in a Two- and Three-unit HOHD.
 
The definition of a Two-unit HOHD has been modified as follows:
  1. High Occupancy Housing Development, Two-units: A lot or parcel containing two dwelling units, excluding an Accessory Dwelling Unit, with:
a.    More than a total of seven bedrooms; or
b.    One or more dwelling unit(s) containing four or more sanitation facilities.
  1. To accommodate the modifications described in C.1., a maximum number of bedrooms allowed with a Two-unit HOHD Conditional Use Permit needs to be established.  This modification is necessary since the Bedroom-to-Dwelling Unit Ratio will not allow a Two-Unit HOHD with more than seven bedrooms.  In addition, an associated modification needs to be incorporated for a Three-unit HOHD.  Therefore, to accommodate a Two- and Three-unit HOHD and to provide for flexibility, the following is a summary of the provision that has been incorporated:
•    A two-unit HOHD shall have no more than 10 bedrooms, and a three-unit HOHD shall have no more than 12 bedrooms.
  1. Associated to the modification of number two above, the bedroom distribution requirements (proposed Section 10-40.60.175.A.3.) and the Bedroom-to-Dwelling Unit Ratio (proposed Section 10-40.60.175.A.4.) of Attachment 1 have been limited to developments containing four dwelling units or more.
D.    Bedroom-to-Sanitation Facility Ratio
 
In order to maintain consistency with the City Council’s modification to the Single-Family HOHD definition, and to simplify the proposed regulations, the HOHD and MHOHD definitions (Two-, Three-, and Four-units and Greater HOHDs and MHOHDs) have been revised to exclude the Bedroom-to-Sanitation Facility Ratio.   In place of the Bedroom-to-Sanitation Facility Ratio, a provision has been incorporated that requires a HOHD or MHOHD Conditional Use Permit if any dwelling unit contains four or more sanitation facilities.  To review the associated modifications to the definitions, please refer to Sections 25 and 26 of Attachment 1.

It should be noted that a single-family attached or detached dwelling unit that contains five or more sanitation facilities is required to obtain a Single-Family HOHD Conditional Use Permit.  Four or more sanitation facilities is used in the definitions of the Two-, Three-, and Four-units and Greater HOHDs and MHOHDs since these uses typically have fewer bedrooms than a single-family attached or detached dwelling unit.

V. Additional Modifications Incorporated:
The following modifications have been incorporated:
  1. A provision has been incorporated pertaining to the building footprint size and separation requirements of an HOHD or MHOHD.  The proposed standard is to provide clarification when a pedestrian shed of an activity center intersects with the area of a pedestrian shed of another activity center that has a different building footprint size and separation requirement. 
The proposed standard is:
  • Where the area of a pedestrian shed of an activity center intersects with the area of a pedestrian shed of another activity center, the pedestrian shed with the more restrictive maximum building footprint requirement shall govern the intersecting area. The locations of the pedestrian sheds of the activity centers are identified in the General Plan, including any applicable Specific Plans.
  1. A provision has been incorporated to allow the Police Department’s Crime Free Multi-Housing Program representative to exempt a unit from the Crime Free Multi-Housing Program.  The Crime Free Multi-Housing Program is a rental unit oriented program and does not address owner-occupied units.  Owner-occupied units are regulated under other nuisance oriented regulations.
  2. The requirement to provide typical floor plans or a typical residential unit study that illustrates how the residential units of a HOHD or MHOHD could be converted to a residential unit that is no longer a HOHD or MHOHD has been limited to development with four dwelling units or more. 
  3. The requirement to provide a Waste Management Plan has been limited to developments containing four dwelling units or more.
  4. The requirement to be located near a transit stop has been limited to developments containing four dwelling units or more.
VI. Summary of August 26, 2020, and September 23, 2020, Planning and Zoning Commission Work Session Comments:
At the August 26, 2020, Planning and Zoning Commission meeting, the members of the Planning and Zoning Commission had general and clarification questions for the staff.  The Commission did not have any suggested modifications to the proposed Zoning Code Text Amendment.

The Planning and Zoning Commission will be reviewing the above-referenced changes at the September 23, 2020, Planning and Zoning Commission Work Session meeting.  Staff will update the City Council with the Planning and Zoning Commission comments at the October 6, 2020, City Council meeting.


VII. Findings:
At a future City Council meeting, the City Council will be requested to make the required findings specified in the Zoning Code and adopt the proposed amendment.  For your reference and discussion purposes, the required findings are specified below.
  1. The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan;
  2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
  3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
VIII. Community Involvement:
Public input was received at the public meetings held on August 19, 2019, February 13 and 14, 2020, and through the City’s online Community Forum (https://www.opentownhall.com/portals/227/Issue_7685) (Attachment 2). Also, work sessions with the Planning and Zoning Commission were held on August 14, 2019, and May 27, 2020, and with the City Council on October 8, 2019, and June 11, 2020. In addition, staff received several comments regarding HOH developments from the Southside stakeholders’ group that was formed to assist in the development of the proposed Southside specific plan. These meetings were held over the past year.

On August 25, 2020, the City Council held a work session on the proposed amendment. A summary of the public comments received are:
  • The proposed modifications are complicated, particularly for small and infill developments;
  • Revise the draft to be limited to the large HOH developments; and
  • The parking requirements for smaller developments make it difficult.
On August 26, 2020, the Planning and Zoning Commission held a work session. No public comments were provided at this meeting.

On September 23, 2020, the Planning and Zoning Commission will have a work session meeting to discuss the proposed amendment.  Staff will update the City Council with any public comments received at the October 6, 2020, City Council meeting.


Persons of interest on file with the Planning and Development Services section of the Community Development department were notified of the Planning and Zoning Commission work sessions via first class mail. Also, notification of the work session was published on the City’s Facebook web page and in the Arizona Daily Sun. 

IX. Timeline
The anticipated timeline for the amendment is as follows:
  • October 28, 2020 – Planning and Zoning Commission Public Hearing
  • November 3, 2020 – Potential City Council Public Hearing (1st Reading of Ordinance)
  • November 17, 2020 – Potential City Council Public Hearing (2nd Reading of Ordinance/Adoption)
X. Conclusion:
As indicated above, the purpose of the work session is for staff to present an overview of the proposed amendment to the Zoning Code and allow interested individuals, residents, and business owners to provide commentary.  In addition, the work session allows the City Council to ask questions, seek clarification, have discussions, and offer comments on the proposed amendment. No formal recommendation or action by the City Council is to occur at the work session.  Additional opportunities for discussion, public comment, and action by the City Council will occur at a future public hearing.
 
Attachments
1. Draft Code
2. Public Comments
Staff Presentation


    

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