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HomeMy Public PortalAbout14) 9A Application of Ordinance No. 19-1034 Pertaining to Flag Lot Subdivisions in the R-1 ZoneAGENDA ITEM 9.A. COMMUNITY DEVELOPMENT DEPARTMENT DATE: TO: FROM : July 2 , 2019 The Honorable C ity Council Bryan Cook, City Manager Greg Murphy, City Attorney MEMORANDUM By: Michael D. Forbes, Community Development Director SUBJECT: APPLICATION OF ORDINANCE NO. 19-1034 PERTAINING TO FLAG LOT SUBDIVISIONS IN THE R-1 ZONE RECOMMENDATION : The City Council is requested to provide policy direction regarding the applicab ility of Ordinance No . 19 -1034 to flag l ot subdivis ion applications in process that have not yet received final approval. BACKGROUND: 1. On February 5 , 2019, the City Council directed staff to prepare an ordinance limiting the building height of houses on the front lot of flag lot and tiered lo t subd ivisions . 2 . On June 18, 2019 , the City Counc il adopted O rdinance No . 19-1034. The ordinance limits the building height of houses on the front lot of a flag lot or tiered lot subd ivi sion to one story and 18 feet. 3. As of July 2 , 2019 , there are eight appl ic ations in process for fl ag lot subdivis ions , a ll of which propose a two-story house on the front lot. Eight of the nine applications were received prior to the City Council 's direction on February 5 , 2019 , to prepare an ordinance limiting the building height on the front lot. 4 . On July 18 , 2019 , Ordinance No . 19-103 4 will become effective . ANALYSIS: Whenever the Zoning Code is amended to revise development standards , there is a policy question regarding the point at which projects will be subject to the new City Counc il July 2 , 2019 Page 2 of 3 standards . An applicant generally does not have vested rights for a project until a bui ld ing perm it has been issued and work has commenced pursuant to that permit. A c ity cou ld therefore apply new st andards to any project that does not yet have a bui ld i ng permit on th e date the ord in a nce becomes effective . This is rarely used because it creates s ignificant burdens on project applicants , s ince substantia l time and money may have been invested in a project based on the previous standards . It does , however, give immediate effect to the new standards and as such is a tool to be used when those standards represent an important policy change . A more typical app roach is to set the threshold for compliance with new standards based on some milestone in the planning or plan check processes . This means that so long as the milestone occurs prior to the effective date of the ordinance enacting the new sta ndard s , the project may proceed under the previous standards . Projects that have not yet passed the thresho ld by the date the ord inance becomes effective are subject to the new standards . The following milestones are the most commonly used : 1. Plann i ng applicati on subm itted ; 2. Plann ing application deemed complete ; 3. Plann ing applicati on approved ; or 4. Build ing permit application and plans subm itted for plan check. An ord inance may specify the threshold to be applied for that set of standards . If the ordinance does not specify a threshold, it is determined by pol icy or precedent. Factors to be cons idered in setting the threshold may include the policy priority or importance of the new standards , the consequences or long-term impacts of allowing projects under the previous standards , the number of projects that would be affected , and the burden imposed on project applicants . Temple C ity's default practice in recent years , and a common practice in the region , has been to use the thresho ld of the planning application being deemed complete . This was used with the recent Accessory Dwelling Unit ordinance and Series 1 and 2 Zoni ng Code amendments . Th is threshold generally strikes a balance between giving reasonably quick effect to the change in standards while minimizing the burden on applicants th at have already i nvested time and money in the ir projects . Staff has rece ived inquiries about the applicabil ity of the new f lag lot st andards from applicants with applications in process or intending to submit applications in the near future . Whenever property owners hear that a city is considering changing deve lopment standards to be more restrict ive , that city can expect that a number of app li cations wi ll be subm itted after the proposed change becomes public but before it is effective . Staff has informed applicants of the C ity's past practice but that the City Counci l could decid e to use a d ifferent threshold based on the importance it g ives to the changes being made by Ordinance No . 19-1034. Table 1 shows the number of app lications currently in process , wh en they were submitted relat ive to the City Council 's i nit ia l d irection on this issue , and their status . These statuses are not e xpected to change by the ord in ance effective date of July 18 , 2019 . C ity Council Ju ly 2 , 2019 Pa ge 3 of 3 T bl 1 F l L t S bd. . . A r f Stat a e ag 0 u !VI SIOn ~pp11ca IOn us Application Status Number of Applications Submitted Before 2/5/19 Pe nd i ng re view for 0 comp leteness Incomplete , awaiting 2 resu b m ittal Deemed complete , in 1 process App roved by Planning 4 Co mmiss ion , not yet s ubm itted f or plan check Total 7 C ITY STRATEGIC GOALS: Number of Applications Submitted After 2/5/19 0 0 1 0 1 Ord inance No . 19-1034 addresses the C ity 's Strateg ic Goals of Public Hea lth and Safety and Quality of Life . The requested direction will address the same Strategic Goa ls . FISC AL IM PACT: The ordinance and the threshold at which it is applied have no impact on the Fiscal Year (FY ) 2019-20 City Budget. ATTACHMENTS: Non e