BL2024-515 - Intent to Withdraw

This discussion topic was requested by Council Member Emily Benedict to discuss Ordinance No. BL2024-515. 

From CM Benedict:

Colleagues, this bill would change the zoning table for one- and two-family zoning to be allowed without conditional approval. Importantly, this bill does not change any parcels to two-family zoning if they currently do not allow two-family zoning. In other words, all of the zoning codes that would be updated through this bill already allow two-family zoning. RS zoned parcels would not have been impacted by this bill.

Some context: in 1984, a new designation “RS” zoning was established, which created single-family home zoning only. At the same time, new rules were created for R zoning, which placed conditions on duplexes for newly-subdivided lots. 

The unintended consequence of the 1984 rule is that the Zoning Department has to review every permit for nearly every parcel where an owner seeks to construct a duplex. This review was fairly straightforward in 1984, but the types of development have changed now with much more infill of existing neighborhoods. Because parcels have often been subdivided and reconfigured, duplex eligibility is not as simple as pre-1984 vs. post-1984. It is customary for owners to request a determination letter for every lot before building on it to ensure they are compliant. This letter requires an inordinate amount of staff time and resources, even though nearly all parcels that have permits applied for end up being issued today.

That departmental process is very time-consuming, and often Zoning has to go to the city archives to find a paper copy - if they can - of the plat to make their determination. This is costly and time consuming for a department that is already spread thin. This mainly slows down the permitting timeline, something that the State and the Federal Government have been trying to speed up. This bill would remove the conditional approval to free up staff time and resources. Since 1984, we have developed many new zoning tools that make this rule obsolete. This was the impetus for the filing of the bill. Nothing more.

My original plan with the bill was to have a public hearing at the Planning Commission with then a month deferral so the Planning Department could review the bill to see if there were any unintended consequences, and then the bill would go back to the MPC for consideration. If passed there, then it would have been on the Council agenda two months from now. The goal is to make good legislation that helps our departments while also maintaining the integrity of our zoning code.

In thinking through this bill, I think it’s premature because Planning is already working on a citywide study that hopefully will include this update. The Zoning Administrator was enthusiastic that I wanted to look at this due to the challenge the current zoning provisions present his department. I will work with him prior to taking any legislative action to see what we can do to limit that burden on his team. I’m hopeful at some point we can pass a provision that will streamline our processes while maintaining the integrity of our Community Plan.

Thank you,

Emily Benedict