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HomeMy WebLinkAboutPackets - Council Packets (902)Council Meeting Regular Session October 3, 2018 1 Town Council Meeting Announcements 2 Upcoming Meetings 3 4 5 6 Proposed Code Amendment for Mobile Food Units Town Council October 3, 2018 OV1802237 7 Good evening, my name is Hannah Oden and I am a planner with the Town’s Community and Economic Development Department. Purpose HB 2371 recently passed Bring Mobile Food Units/Food Trucks into compliance with Arizona State Law Discussion and recommendation The purpose of this case is to consider a proposed text amendment to the zoning code regarding mobile food units in order to comply with Arizona state law. Recently, house bill 2371 was signed into law. This law included new provisions related to mobile food units that rendered parts of the Oro Valley zoning code non-compliant. In order to bring the Town Zoning Code into compliance with state law, proposed changes include updating certain regulations, definitions and associated references regarding mobile food units. I will briefly describe these proposed zoning code changes. 8 Update Areas of Operation and Definitions Proposed Amendments: Remove language limiting distance a Mobile Food Unit can operate from a restaurant Restrict Mobile Food Unit operation at public transit facilities Update Definitions Tripadvisor.com To begin, state law now mandates that cities and towns cannot regulate how close a mobile food unit can operate to an existing restaurant. However, the Town Zoning code currently restricts mobile food units from operating within 200 feet of a restaurant. This was done out of respect for brick and mortar restaurants who had expressed concern in the past of mobile food units operating too closely, but is no longer compliant with state law. The proposed change is to remove this language from the Zoning Code, which would not require a minimum distance between mobile food units and restaurants to be maintained. Next, Arizona Revised Statutes allow cities and towns to restrict mobile food unit operations at public transit facilities. For safety reasons and to limit public areas from turning into ongoing sites of operation, proposed changes include adding language to the zoning code that does not allow MFU to operate at public transit facilities, such as Park and Ride lots, and public bus stops. Lastly, proposed changes also include changing definitions related to mobile food units in the zoning code to be consistent with definitions adopted by the State. 9 Summary and Recommendations Amendment would bring Zoning Code into compliance with State Law Planning and Zoning Commission recommends approval To conclude, the proposed changes would bring the Town Zoning Code into compliance with state law. At their regularly scheduled meeting on September 4, 2018, Planning and Zoning Commission recommended approval of the proposed changes. This concludes my presentation and I am happy to answer any questions, thank you. 10 11 Zoning Code Amendment Setback Standards Town Council October 3, 2018 OV1802031 The purpose of this next case is review proposed changes to the zoning code related to setback standards in residential districts. 12 Proposed Changes i. Porch setbacks ii. Additional 20% reduction (accessory features, porches) iii. Distance between buildings (ramada, guest house, etc) iv. Walls: entry features for courtyards and driveways In the next few slides we’ll go over the proposed setback changes that are listed in this slide, but first I wanted to make a one important point before we get started. This proposed code amendment does not change the required setbacks for the house. The main house such as the living room, bedrooms and garages DO NOT change with this amendment. The setback requirements between two houses on neighboring lots do not change with this amendment. This code change only addresses certain accessory features of homes such as a porch, ramada, yard walls and other architectural or accessory elements of buildings. We’ll review each of these proposed code changes tonight…… 13 Setbacks Property Line Garage House Street Why make changes? Workplan Frequent requests Variances What is a setback? The distance from the nearest property line to a building Exceptions Property Line Property Line Front Setback Side Setback Rear Setback Side Setback ….. but let’s address the reasons for updating these setback standards? Staff realized through quite a bit of time and experience with customers at the front counter, including during permit reviews, that many of these code sections were problematic or unclear for many customers. Coupled with the frequency of variance requests related to setback issues, it became evident that it was time for a code update. Therefore, this update was placed on the Planning Divisions workplan. To make sure we’re all on the same page, let’s quickly review …What is a setback? A setback is the defined distance from the nearest property line to a building on the same lot that is meant to be open and unobstructed. However, there has always been exceptions to setback requirements that allow accessory elements of a building to be placed in the required setbacks. Those exceptions are the focus of this code amendment. 14 i. Porch Setbacks Whole porch may extend into setback Front: 50% reduction Rear: 10’ from rear lot line Side: 50% reduction - limited Sample of reduced side yard for porches R1-144 (large lot) reduce from 20’ to 10’ R1-7 (small lot) reduce from 7.5’ to not less than 5’ Proposed standards Porch Porch First, let’s look at setbacks for porches. The code currently allows porches to overhang or project into the front, rear and side setbacks. But only to overhang and does not allow the supporting posts of the porch to also extend into those same setbacks. The proposed code will clarify that the proposed porch and the supporting posts can extend into the setbacks. We’ll also define the allowed distance of each of the setback reductions but keep a conservative limit on side setbacks. The side setback is generally smaller and closet to a neighbor. Even though the code would allow a side setback reduction for porches, the side yard setback would never be less then 5’. Even in a small lot zoning district. 15 Proposed: 20% setback reduction (accessory features, porches) ii. Additional Setback Reduction Common Area and Wash Also, another proposed change to the code is to allow a feature of a house, such as a porch, to further extend into a setback if the adjacent property happens to be an unbuildable area, such as a wash or common area. This scenario has been a typical variance request that we’ve seen over the years: Homeowners asking to build a porch closer to a property line where there are no neighbors. New language was added to the code to allow this type of setback reduction under very specific circumstances 16 Proposed Standards iii. Distance Between Buildings On The Same Lot From 10’ to 5’ between buildings on the same lot Ramada Ramada The next setback change is the distance between buildings on the same lot. Currently the code requires a distance of 10’ between the buildings such as the main house and a guest house, or between a house and a ramada. Providing the 10’ distance between structures in addition to the standard required side and rear setbacks has been problematic for many customers. We asked the building official and fire marshall if reducing the distance between buildings from 10’ to (push & pusch) 5’ would cause any safety issues, and there were no concerns. Note: Judgement call from 10’ to 5’. Allows for safety and keeps buildings from looking like a solid row of structures. 17 Proposed iv. Walls 8’ 4’6” Allow entry features Pedestrian Gate 8’ Vehicular Gate 9’ Next to busy roads Increase height 2’ The next setback change is related to walls. First new language was added to provide clarity about how setbacks apply to walls. Then new language was added to allow entryway features attached to walls to be taller when located in the required setbacks. This means someone could add these types entryways to their courtyard features. Also, a new provision was added to allow walls to be taller if the property is next to a busy road. That summarizes the setback code amendment. 18 Your Voice, Our Future General Plan Goal  Q:  A built environment that creatively integrates landscape, architecture, open space and conservation elements to increase the sense of place, community interaction and quality of life.   Action Item 125:  Maintain the unique character of Oro Valley by studying and updating site design standards and land use regulations that define and incorporate effective compatibility standards. As always we look to the General Plan to ensure this code amendment meets the goals and polices by providing more clarity to the standards that regulate the built environment, providing an opportunity for positive neighbor interactions, while protecting the intent of the neighborhood design. 19 Summary and Recommendation Amendment would update Zoning Code to provide clarification and meet current building practices Meets the Your Voice, Our Future General Plan Planning and Zoning Commission recommended approval In addition to the general plan, the proposed code amendment would also add clarity to the code and meet today’s building practices. The Planning and Zoning Commission has recommended approval and this concludes my presentation. 20 21 Above Ground Spas Spas Current 5’ from rear lot line Proposed 3’ from rear lot line 22 i. Porch Setbacks May project - overhang Front: distance undefined Side: 3’ into setback Rear: 10’ from rear lot line Current standards Common variance request for Board of Adjustment Porch Porch The main bulk of the house cannot be built outside of those setbacks. Code has always allowed - Projection Overhang only Not support posts Focus of several variance cases throughout the years. Photos from a recent variance case, asking to reduce the side setback from 15’ to 8’. This variance was approved and still left 7’ of side yard open. 23 Current Standards ii. Distance Between Buildings On The Same Lot 10’ between buildings Common source of plan review denials Unintended consequences: Attachments Fire code The next change will be for the distance required between buildings on the same lot. Between house and ramada. Between house and storage building. Between a guest house and the main house. In addition to meeting the 10’ distance the building also has to meet other side and rear setbacks. Common source of plan review denials. Unintended consequences. (PUSH) Customers would find a workaround, odd roof attachments followed by fire code issues. 24 Walls Front 4’6” Side/Rear 6’ Taller walls setbacks apply Entry features not addressed 4’6” Current Standards 25 Proposed iii. Walls Keep current 4’6” and 6’ Exceptions: Allow entry features Pedestrian Gate 8’ Vehicular Gate 9’ Next to busy roads Increase height 2’ increase 8’ Not whole wall 2’ taller, noise, visual buffer, higher more appropriate in these cases 26 v. Build Above Environmental Sensitive Areas Current Silent Proposed Not allowed to hang over 27 Proposed extensions into setbacks Architectural Features Clarified Standards 5’ into setbacks Cornices Awnings Eaves 4’ into setbacks Balconies Stairs 2’ into setbacks Chimneys Housekeeping Not new Clarifications – which setbacks and by how much 28 Setback Standards Would also apply to PAD standards 29 30