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HomeMy WebLinkAboutPackets - Council Packets (1895)Town Council Meeting Regular and Study Session October 16, 2024 Town Council Meeting Announcements Upcoming meetings Meetings are subject to change. Check the Town website for meeting status. Stormwater Utility Commission –CANCELED October 17 Board of Adjustment -CANCELED October 22 Historic Preservation Commission November 4 at 5:00 p.m. Hopi Conference Room Town Council Regular Session November 6 at 6:00 p.m. Council Chambers 4 Town Council Meeting Regular and Study Session October 16, 2024 6 Spotlight on Youth – Luca DeSylvester Town Council Meeting Regular and Study Session October 16, 2024 Study Session: Proposed Code Amendment to reflect State Law changes regarding rezoning applications Town Council October 16, 2024 Context – AZ State Legislature Focus on Housing Housing related Bills signed by the Governor 1.HB2210 (annual reporting to Arizona Commerce Authority) 2.SB1162 (approval timeframes, housing needs assessments) 3.HB2720 (ADUs) 4.HB2297 (adaptive reuse of commercial to allow multifamily) 5.HB2721 (middle housing by right on single family lots and any new development over 10 acres) Specific Purpose: New Rezoning & Development Requirements SB 1162 Compliance & Other Development Review 1.Timeframes associated with residential rezoning applications (required by State Law) 2.Legal Protest Areas (required by State Law) 3.Expiration of inactive development review applications (not required by State Law) Discussion only Formal Public Hearing on December 4th 1. Timeframes & Rezoning Applications CHANGE REQUIRED BY STATE LAW None Existing review timeframes for ALL applications are established through town policy Town MUST “approve or deny” a rezoning application within 180-days of being Administratively Complete Administratively Complete means: 1.Code Compliant 2.The applicant has satisfied all neighborhood meeting requirements Extensions: One time for Extenuating Circumstances Town Council request for more information, illnesses, etc. Up to 6 extensions at the applicant's request Outside Agency delay, additional time to work with adjacent neighbors, etc. Existing Code Proposed Code 2. Legal Protest CHANGE REQUIRED BY STATE LAW Petition requirements for ¾ vote: Owners of 20% or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property Zoning Area means BOTH of the following: Area within 150 feet, including all rights -of-way, of the affected property subject to the proposed amendment or change The area of the proposed amendment or change Area within 150 feet, including all rights -of-way, of the affected property, EXCLUDING GOVERNMENT OWNED PROPERTY, subject to the proposed amendment or change The area of the proposed amendment or change 150-foot buffer areaSubject Property Existing Code Government Owned Property Vistoso Trails Nature Preserve Proposed Code 3. Expiration of Development Review Applications None All applications will expire after 12 months of inactivity without substantive progress Substantive progress steps may include: Resubmittals of revised applications to address staff comments Actively working with neighbors Proceeding to public meetings/hearings One 6-month extension if requested by applicant prior to expiration Existing Code Proposed Code Summary State Law code amendment 1. Timeframes associated with rezoning applications 2. Legal Protest Areas 3. Expiration of inactive development review applications Discussion only Formal Public Hearing on December 4th Town Council Meeting Regular and Study Session October 16, 2024 Study Session Proposed Code Amendment Accessory Dwelling Units Town Council October 16, 2024 Purpose State Law Accessory Dwelling Unit (ADU) Requirements "Accessory dwelling unit means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen" House Bill Section A = Not Oro Valley Applicability: Jurisdictions over 75K House Bill Section B = Applies to Oro Valley I. Zoning Code: Definitions and Standards II. Town Code: Rental of ADU Process Align with State law Deadline: “If a municipality fails to adopt development regulations as required by this section on or before January 1, 2025, accessory dwelling units shall be allowed on all lots or parcels zoned for residential use in the municipality without limits.” Schedule: Oct 1 Initiation and Study Session PZC Oct 16 Study Session TC Nov 12 Recommendation PZC Dec 4 Decision TC I. Accessory Dwelling Definitions •House Bill 2720 State: Accessory Dwelling Unit (ADU): “means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen” OV: Guest House: An attached or detached accessory building used to house guests of the occupants of the principal building. A guest house providing kitchen facilities shall be considered a dwelling unit. I. State’s ADU and OV Guest House Definitions SFR = Single Family Residence Where can an ADU/Guest House be built? Affected Zoning Districts where Guest Houses already allowed R1-300, R1-144, R1-72, R1-43, R1-36, R1- 20, R1-10, R1-7, RS, R6 Any lot built with an existing single- family home Planned Area Development (PAD) single- family lots Homeowner’s Associations (HOA) HOA may regulate 85% of homes in HOA 3197 (15.4%) affected parcels not in an HOA 17566 (84.5%) affected parcels in an HOA State and Oro Valley ADU Standards Subject State Oro Valley Height Zoning district limit Not taller than main house Location •Front yard: zoning district limit •Side 5’ setback •Rear 5’ setback •Front yard: Not in front of main house •Side: Per zoning district •Rear: 5’ setback Size Not larger than main house 10% of side and rear yard area Living Space Living, Sleeping, Sanitation & may contain Kitchen Living, Sleeping, Sanitation & often excludes kitchens Design (Exterior) Cannot regulate Not regulated Rental Short-term rental •Owner must reside on property if built after Sept. 2024 Short-term rental •License required Type of ADU Single-family home sites Allow only site-built ADUs League of Cities and Towns: “Movable habitable space: A mobile home, recreational vehicle or other moveable habitable space shall not be used as an accessory dwelling unit” II. Town Code: Rental of ADU Minor edits of existing State law “THE name, address, phone TELEPHONE number and email address for the owner or owner's agent.” Rental Short-term rental: Less than 30 days Primary change: “To require the owner of a vacation rental or short-term rental to reside on the property if the property contains an accessory dwelling unit that was constructed on or after the effective date of this amendment to this section and that is being used as a vacation rental or short-term rental” Summary State Law: House Bill 2720 I. Zoning Code Definitions Guest house = ADU Standards Height Location (setback, placement on lot) Kitchen (optional) II. Town Code Short-term rental Schedule: Oct 1 Initiation and Study Session PZC Oct 16 Study Session TC Nov 12 Recommendation PZC Dec 4 Decision TC Jan 1 State’s deadline Town Council Meeting Regular and Study Session October 16, 2024