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