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2038 - Resolution - Minimum Lot Size and Minimum Lot DimensionsRESOLUTION NO. 2038 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AFFIRMING AN APPEAL OF A STAFF DETERMINATION REGARDING MINIMUM LOT SIZE FOR THE R4.5 ZONE AND MINIMUM LOT DIMENSIONS FOR ALL ZONES WHEREAS, on July 3, 2003 the City Planner provided a Staff Determination interpreting the zoning ordinance to require a minimum lot size for the R4.5 zone of 9,680 square feet and a minimum lot width and depth for single family detached residential development of 50 feet of useable area outside of required setbacks. A copy of the Staff Determination is attached hereto as Exhibit A; and WHEREAS, on July 11, 2003 Mark A. Kuhlman, P.E. submitted an appeal of the Staff Determination to the City Council (Attachment" A"); and WHEREAS, the City Council held a public hearing on the appeal on August 11, 2003, at which time testimony from the appellant and public was taken and considered; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES ASFOLLOWS: SECTION 1. The Council adopts the findings and conclusions of the Staff Determination attached hereto as (Attachment "B") as its own. SECTION 2. The appeal of Mark A. Kuhlman, P.E. of the Staff Determination dated July 3, 2003, is denied and the Staff Determination is affirmed. SECTION 3. Planning Staff and the Planning Commission are hereby directed to review the zoning ordinance regarding minimum lot size requirements for the R4.5 zone and the lot dimension requirements for all zones and to provide specific recommendations to the Council for consideration. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by .. c .. ,'".,,_"'""' ,oo_ ... ,.,,Z~ LESLIE J. WEATHERILL, MAYOR ATTEST: TUI4 City ofPort Orchard Dept. ofPublic Works 216 Prospect Street Port Orchard, W A 98366 Attention: Pat Parks Box 2 5823 N.E. MINDER RD. Resolution No. 2038 Attachment "A" WA 98370 Pllne !36DI 297-5560 flUl !36m 297·795 1 R ec;-·veo JUL 14 2003" July 11, 2003c:tTY Of PORT ORCHARD Job No. N/A CITY CLERKS OFFICE Subject: Appeal ofPianning StatfDecision Minimum lot size and minimum lot dimensions Dear Pat: This letter is an Appeal to City Council of Code Interpretations provided by the City Planning Staff regarding minimum lot size for the R4.5 zone and mirrimnm lot dimensions as presented iD the City letter dated 3 July, 2003. The letter was hand delivered to me on July 8, 2003 by Rob Wenman. The Growth Management Committee of the City Council bas provided an interpretation of the existing Zoning Ordinance that fixes the minimum lot area for a lot in the Resideotial 4.5 zone to be 9, 680 square feet. This is iD cont1ict with the Densities and dimensions table of the Ordinance that states the standard does not apply. The Growth Management Committee of the City Council bas provided an interpretation of the existing Zoning Ordinance that fixes the minimum lot dimeosions for any lot iD any zone at 60 feet by 75 feet. This is iD conflict with the intent ofPart Cl: Density, dimensions, and design requirements section of the ordinance and the Densities and dimensions table of the Ordinance. Please schedule a Public Hearing so that my appeal can be heard before the City CounciL Thank you. Sincerely: Mark A. Kuhlman, P .E. City oJP0ortd ore ar Resolution No.2038 Attachment "B" July 3, 2003 Mark Kuhlman Team4 Engineering Suite A, Box 2 5823 NE Minder Rd Poulsbo, WA 98370 PORT ORCHARD, WASHINGTON 98366 Re: Response to Team4 Engineering Request for Code Interpretation: "Minimum Lot Size" & "Minimum Lot Width" for R4.5/ R8; R12 and R20 zones. Dear Mr. Kuhlman· ' You requested that staff provide you with a formal Staff Determination regarding minimum lot sizes for single-family detached home development that you may appeal to the City Council. The following is our finding: Staff Determination/ 1. The minimum lot size for the R 4.5 acre zone is 9,680 square feet. • (Ch A3, Sec: 183) Definition of Lot Area: "The minimum or smallest amount of total site area in a single ownership expressed in acres necessary to support deVelopment consistent with the zoning district provisions of this code. The minimum or smallest allowable site for a R4.5 zoning which allows a maximum of 4.5 dwelling units per net useable acre cannot be smaller than that required to support the maximum density allowed in the prevailing zoning district." (i.e. 43560 s.fJacre divided by 4.5 = 9,680 s.f.) ·Co=ent: Table 116-A of the Zoning Ordinance, lists minimum lot sizes for the R8, Rl2, & R20 zone, yet neglects to indicate a minimum lot size standard for the R4.5 Zone. It is the Staff's determination that this is an oversight of the ordinance, not to list a minimum lot size for this zone where less restrictive zones, such as the RS, and R20 zones do state the standard in the table. . . Secondly, Ch. A3, Sec. 183 recited above, states that the lot size (site of useable space) cannot be less than the minimlJ!Il that is required to supjxm tbe CnYHALL 2 16 Prospect .dnuniSttallon 1360) 876-4407 FAX 1360) sgs ; o:zg MUNJCPAL. COURT 216 ProspeCI 1360)1178-170 I FAX C38QIIIIIS0071 PUBUC WORICS DEP.ARIMEI"'T 21t!Picepec1Sileel ;per:Jt a; 6 CGO I FAX PIICJI876-4QIIO. .. Tcam4 Engineering Request for code Interpretation July 3, 2003 Resolution No. 2038 Attachrrent ''B" maximum density; i.e. 9,680 s.f. Also, the issue was brought before the Growth Management Committee, on October 4, 2001 for clarification 2. The minimum lot width and depth for single-family detached residential development, is 50 ft. of useable area outside ·of required setbacks. • (Ch. B5, Sec 6a(7) " "single-famt1y detached dwelling units must maintain a useable minimum diameter of 50 feet behind all setbacks and lot area of 1,963." Comment: Table 116-a of the Zoning ordinance neglects to indicate minimum lot width and depth standards for the residential zone. It is Staff's detennination that this is an oversight of the ordinance. Ch. B5, Sec 6a(7) cited above does provide a. standard for minimum lot width and depth , stating the requirements that lot development for single-family detached homes shall provide 50 ft. of useable space, outside of all setbacks. Although this standard is found within the provisions for Planned Residential Development where certain standards may be relaxed, the zoning ordinance states that this standard for single family detached home development cannot be relaxed. This issue was brought before the City Council Growth Management Committee, who agreed that the inteqnetation was being applied correctly. It is staff's belief that providing for a minimum lot width and depth standard is important to provide for consistency in home lot development. Planned Residential Development standards can provide for greater flexibility, where a well thought out site plan can demonstrate how design standards for home design-and relaxed subdivision standards can be integrated into good design. Background On October 4, 2001, the Growth Management Committee, GMC discussed table 116-A of the Zoning Ordinance and· concluded "staff should interpret the ordinance to provide for a minimum lot size of 9680 square feet in the R4.S zone, and also, that Note # 10 should read to include "Planned Residential Developments. The Zoning Ordinance should be revised to refl'"ct these interpretations." (see attachment 1, and "Lot Area" definition attached). At the August 26, 2002 Council meeting, Mark Kuhlman from Team4 Engineering presented a hand-out in support of his request for a zoning interpretation to clarify provisions within the Zoning Ordinance addressing minimum lot sizes that apply to subdivision applications within the City (see attachment 2). As acknowledged during the meeting, the City Engineer encouraged a 2 Team4 Engineering Request for code Interpretation July 3, 2003 Resolution No. 2038 Attachment "B" discussion of specific issues tied to these provisions, and the Mayor forwarded this matter to the Growth Management Committee for review. The GMC discussed these concerns with Mr. Kuhlman on Sept. 18, 2002. The GMC discussed the issue further on Sept. 25, 2002. Mr. Kuhlman had expressed concern that the minimum lot area standards were not achievable since they did not reflect the amount of hind that would be consumed by roads and stormwater ponds. That if the City was concerned with achieving minimum densities then a lesser lot size should be adopted to reflect this. Also, Mr. Kuhlman expressed that he was concerned with the staff's interpretation of a minimum 50 ft. useable area outside of required setbacks. Following this discussion the GMC agreed that staff should interpret the ordinance to apply the 50 ft. minimum useable space requirement set forth in Ch5 Sec 6a(7) to aU subdivisions for single family detached housing in all zones. The Committee also agreed that a footnote should be applied to page 116-A expressing this as well as stating that requirements for road and storm pond construction, and critical areas may reduce the ability to achieve nuzximum density. Discussion Utilizing the above referenced code,(, Ch. A3, Sec. 183), the minimum lot size for the R4.5 zone is a minimum of9680 square feet of useable space, as calculated by 1 acre= 43,560 sf /4.5 = 9680. This figure, 9680 will determine the number of dwelling units allowed on a site once it's useable net site area is determined. If a single family detached dwelling unit is proposed on a lot, the minimum Jot width and depth in the R4.5 zone would be determined by calculating the useable minimum diameter of 50 feet behind all setbacks. On a standard lot, the minimum width would be 50+ 10 = 60 (5 feet for each side yard setback), and the minimum depth would be 50+ 15 (front yard setback)+ 10 (rear yard setback)= 75 ft .. The minimum lot size would still be 9680 s.f. The minimum lot size for the R 8 and Rl2 zones are calculated the same way: 43,560/8 = 5, 445; 43,560/12 = 3630. The minimum lot width in these zones is determined by the type of housing unit proposed. If it is a single family detached unit, then the minimum diameter of 50 feet behind all setbacks. The R8, Rl2, & R20 zones are where the City is more likely to see a proposal for a Planned Residential Development, which allows for a reduced setback. Still, a minimum of 50 ft. of useable area is required for single family detached, even if the applicant is proposing a zero lot line development. ChS Sec 6a(7) Every Jot is required to provide a minimum frontage of25 feet on a public or privately dedicated right of way. 3 ··-... .. T eam4 Engineering Request for code Interpretation July 3, 2003 Conclusion Resolution No. 2038 Attachment "B" • The Zoning ordinance was adopted by the City in 1998, developed by a consultant and staff working with a technical review team. Many of the concepts have been adapted from numerous other jurisdictions, but tailored to be appropriate for Port Orchard. Since the Ordinance is relatively new, many of its flaws or lack of clarity are becoming more evident. • An ordinance that addresses the complexity of land use development cannot be interpreted by the single word or phrase, but must be interpreted holistically. Additionally, it is important to provide for additional clarity where deemed necessary, to provide for consistency in review and interpretation. · • If a standard is not listed in one section of the ordinance, but is referenced elsewhere as a standard, then the standard applies. Such is the case with the minimum lot size standard for the R4.5 acre zone, and minimum lot width and depth standards for single family detached lot development. • The Planning staff discussed these issues with the GMC, as well as the need to address these issues further regarding the possible need for additional standards that would address small lot development. Please let me know if you need further clarification. I can be reached at 876-4991. Sincerely, t2tu_· -- Robert Wenman City Planner 4 Team4 Engineering Request for code Interpretation July 3, 2003 Applicable Zoning Code Standards (Ch. BS, Sec 6a(7), pg. 112 Resolution No. 2838 Attachment "B" "single-family detached dwelling units must maintain a useable minimum diameter of 50 feet behind all setbacks and lot area of 1,963." Ch2 Sec 2b(l) every lot should have a minimum frontage of25 feet on a public or privately dedicated right-of-way. Chapter A3 -Defmitions Section 107: Lot "A measured parcel of land having fixed boundaries and designated on a plat or survey." A physically separate and distinct parcel of property, which has been created pursuant to tbe provisions of tbis code. A fractional part of divided lands having fixed boundaries being of sufficient are and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. Section 110: Lot-Measurements a. Deptb of a lot shall be considered to be tbe dimension between tbe midpoints of straight lines connecting tbe foremost points of the side lot lines in front and the rearmost points of the side lot lines in tbe rear. b. Widtb of a rectangular lot shall be considered to be the dimension between its 2 side lot lines perpendicular to tbe street. For an irregularly shaped lot the width shall be considered to be a dimension which equals the lot line most n~ly perpendicular to tbe frontage street. Section 113: Lot area-minimum The minimum or smallest amount of total lot area in a single ownership expressed in square feet necessary to satisfy the physical development standards defined in tbis code. Section 115: Lot line -zero The elimination of one side yard setback so that a side building line can be constructed on tbe lot line. Zero-lot lines must be designated on a plat . . .. Section 183: Site area -minimum The minimum or smallest amount of total site area in a single ownership expressed in acres necessary to support development consistent with the zoning district provisions of this code. The minimum or smallest allowable site for a R4.5 zoning which allows a maximum of 4.5 dwelling s Team4 Engineering Request for code Interpretation July 3, 2003 Resolution No. 2038 Attachment "B" units per net useable acre cannot be smaller than that required to support the maximum density allowed in the prevailing zoning district. Section 184: Site area -useable gross Gross useable site are is the total site or lot ownership less sensitive environmental features as these areas are defined elsewhere in this code. This area of a site or lot is expressed in acres or square feet Section 185: Site area-useable net The total site or lot ownership expressed in acres or square feet less sensitive environmental features as these areas are defined elsewhere in this code (equal to gross useable site area) and any required dedications necessary to provide supporting roads, utilities, or other supporting facilities or infrastructure which may be used to calculate allowed dwelling units. For the purposes of calculating potential residential capacities, infrastructure requirements are generally estimated to be between 10 and 20 percent of the gross useable site are for undeveloped land and 0 to 10 percent for lots within existing developed urban areas such as the downtown district. ChapterBl Section 5: Residential zone-single family detached (R4.5) a. The primary purpose of the single family detached residential zone (R4.5) is to provide for an uncrowded urban residential environment that is consistent with the traditional image of the Port Orchard area. b. The purpose of the single family detached residential zone (R4.5) is also to implement comprehensive plan goals and policies for housing quality, diversity, c. and affordability, and· to efficiently use residential land, public services and energy. These purposes are accomplished-by: d. Providing for a mix of predominantly single family detached housing types including lot line and village housing ariimgements with a variety of densities and sizes in locations appropriate for urban The purpose of the single family detached residential zone (R4.5) is also to implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services and energy. These purposes are accomplished by: I. Providing for a mix of predominantly single family detached housing types including lot line and village housing arrangements with a variety of densities and sizes in locations appropriate for urban densities and sizes in locations appropriate for urban densities. Section 6: Residential zones-single family detached/attached (R8 and RU) a. The purpose of the single family detached/attached residential zones (R8 and R12) are to define areas that allow a greater dwelling unit density-particularly 6 Tcam4 Engineering Request for code Interpretation July 3, 2003 Resolution No. 2038 Attachment ''B" in locations that are well served by the arterial circulation system and co=unity facilities in general b. The purpose of the single :fiunily detached/attached zones are also to implement comprehensive plan goals and policies. for housing quality, diversity, and affordability, and to efficiently use residential land, public services and energy. These purposes are accomplished by: 2. Providing for a mix of single :fiunily detached housing types including lot line and village housing types including duplex or twins, patio house, atrium house, weak and strong link town or row house and multiplex attached housing products with a variety of densities and sizes in locations appropriate for urban densities Section 41: Dwelling unit-single family detached A detached building containing 1 dwelling unit This includes stick -built, manufactt.noed and modular homes. May be ammged in a variety of lot configurations including zero lot line, village, and cluster. ChapterBS Section 6 -Modification of development standards 7) Lot size, except that single-filmily detached dwelling unit lots must maintain a useable minimum diameter of 50 feet behind all setbacks and lot area of 1,963 square feet 7