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HomeMy WebLinkAboutIV.E CUP Moratorium Memorandum To: Peter B. Lewis, Mayor From: Cindy Baker, AICP, Director Planning, Building, and Community Development Department Date: March 11, 2009 Re: Conditional Uses Prohibited by Narrowly Focused Moratorium This memorandum responds to your request from Council to identify the types of development that cannot be pursued at this time. The decision about the types was made at the May 19, 2008, Council meeting (Resolution 4357) and was extended for six months at the November 3, 2008, Council meeting (Resolution 4412). These Resolutions placed a moratorium on development requiring conditional use permit for three narrowly focused uses: (1) two-family dwellings (duplexes), (3) multiple-family dwellings (includes apartments), and (3) professional offices. The primary reason for the moratorium was that, as currently written, the city Code would permit seemingly incompatible uses in residential zones. The moratorium would give the Council time to create a code that addresses specific criteria for these uses. See the detailed description attached. At the time the moratorium was established, economics in the region were more stable. Now with so many uncertainties, it may be that the Council wants to revisit the moratorium. Staff is willing to go over the timeline and options of code sections involved in the moratorium. CHOICES FOR PROCEEDING WITH MORATORIUM At the Committee, staff will discuss the council’s options as shown below for moving forward with the moratorium. The moratorium is currently in effective until May 3, 2009. 1. Leave the moratorium in place and have staff continue analyzing the zoning effects of the conditional uses and continue making updates to the code. 2. Make changes to portions of the moratorium, e.g., remove certain zones from consideration. NOTE: During the annexation, certain properties in the annexation area were down zoned from multi-family zoning to single family residential zoning 3. Speed the schedule; however, certain milestones must be met including Planning Commission hearing and Community Trade and Economic Development (CTED) 60-day review. 4.Make a narrower change to the code in advance of the larger code update (i.e. deleting may professional office from allowed conditional uses in R2 and R3) be able to be done using CTED’s 10-day expedited review process in lieu of normal 60-day review process] 5. Repeal the entire moratorium and have staff continue analyzing the zoning effects of the conditional uses and continue making updates to the code. I hope this fully answers your questions. Please let me know if I can be of any further assistance. DEVELOPMENT TYPES RESTRICTED BY THE MORATORIUM The following paragraphs identify those development types (by section in the code) in respective zones (e.g. R-2) that cannot be processed at this time. The zones correspond to the map in the packet: R-2 Zone 1 C. Duplexes provided 6,000 square feet of lot area is provided for each dwelling unit; 2 F. Multiple family dwellings, provided, that 6,000 square feet of lot area is provided for each dwelling unit, and is limited to no more than four dwelling units per structure. For developments of 10 dwelling units or more, no more than 40 percent of the development may be devoted to multiple family dwellings. The number of multiple dwellings may be further reduced, or not allowed at all, if it is determined there is already a concentration of multiple family dwellings in the area; 3 H. Professional offices R-3 Zone G. Multiple family dwellings ; provided, that 3,600 square feet of lot area is provided for each dwelling unit, and is limited to four dwelling units per structure; J. Professional offices C-1 Zone 4 A. Apartments; provided, that 1,200 square feet of lot area is provided for each dwelling unit; NOTE: The DUC Zone is not affected by the moratorium; however, the greater Regional Growth Center has a small area affected by the moratorium. All other uses permitted by the City Code or other applicable law are still permitted under the moratorium. 1 Duplex means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units. 2 Multiple-family dwelling means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units. 3 Professional offices means offices maintained and used as places of business conducted by persons engaged in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office and medical occupations. 4 Apartment means a dwelling unit in a multifamily building; affected development type for purposes of moratorium is multiple- family dwelling. 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