Request for Approval for Use of the I-O Infill Overlay Zone

Payson City Council Staff Report, October 19, 2011

Request for Approval for Use of the I-O Infill Overlay Zone

to Reduce the Frontage Requirement for a Parcel in the R-2-75, Residential Zone

Approval Process:

Development Review Committee:Technical and Administrative Review

Planning Commission:Recommendation to City Council

City Council: Approval or Denial (Legislative Action)

Background

The applicant, Summer Raass, is requesting approval from the City Council for use of the I-O, Infill Overlay Zone for Utah County parcel number 08-008-0004 located at 248 South 500 West in the R-2-75, Residential Zone. The applicant is requesting approval to reduce the frontage requirements of the R-2-75Zone to accommodate a future building lot behind the existing single family dwelling on the parcel. In other words, the applicant would like to create a ‘flag’ lot behind an existing dwelling. The underlying zone requires at least seventy five (75) feet of frontage along a public street, unless otherwise modified by the City Council through the overlay zone process. The applicant is suggesting the future building lot have twenty (20) feet of frontage along 500 West. As proposed, the additional building lot does not satisfy the minimum requirements of the R-2-75 Zone.

On April 19, 2006, a previous applicant, Stan Raass, was denied use of the I-O, Infill Overlay Zone in this location primarily due to the fact that the applicant was seeking approval to construct a duplex, or two unit structure. Subsequently, the subdivision was also denied because without use of the overlay zone, the subdivision, as proposed, did not satisfy the regulations of the development ordinances.

The current application indicates the new lot will accommodate a single family dwelling. The applicant is only requesting approval of the overlay zone at this time. Acknowledging approval of the overlay zone is a legislative action of the City Council, in which the Council is not obligated to approve, the applicant would like to obtain approval of the overlay zone before the subdivision process is completed. If approval of the overlay zone is granted, the applicant will need to apply for subdivision approval and satisfy the applicable provisions of the development ordinances of Payson City.

In order to obtain approval of an overlay zone, the applicant must receive a recommendation from the Planning Commission and the City Council must grant approval. Prior to forwarding a recommendation to the City Council, the Planning Commission held a public hearing in order to receive input from the public in relation to the proposal of the applicant. Their recommendation is included in the recommendation portion of this staff report. The City Council must hold a public hearing prior to reaching a final determination of whether the use of the I-O Infill Overlay Zone is appropriate in this location.Property owners within five hundred (500) feet of the proposed overlay have been notified, the notice has been posted in appropriate locations, and the public hearing was advertised in the newspaper for a minimum of fourteen (14) days.

Analysis

In accordance with Section 19.6.30 of the Payson City Zoning Ordinance, the I-O, Infill Overlay Zone was established to encourage infill development that is compatible and consistent with existing uses, provided that adequate infrastructure is in place to serve any proposed development. The Zoning Ordinance further states that applications for the purpose of using the overlay zone to simply avoid compliance with this ordinance, or any building code or any federal, state, county or local lawshallnot be approved. In the creation of the overlay zone, the City Council intended:

1. To allow the orderly development of the established areas of the community.

2. To encourage reinvestment and maintenance of existing neighborhoods.

3. To stabilize and enhance property values.

4. To foster community pride.

5. To promote new development that will enhance and protect the existing structures.

6. To strengthen the economy and improve the quality of life.

Each proposal for use of the I-O, Infill Overlay Zone should be reviewed to determine if the goals and objectives listed above have been satisfied or if the applicant is simply seeking to avoid compliance with the regulations of the Zoning Ordinance. Use of the Infill Overlay Zone is a request for increased intensity in the permitted uses of the underlying zone. Therefore, the development rights on the subject property are those found in the underlying zone until, and unless, approval to use the Infill Overlay Zone is granted by the City Council. Furthermore, denial for the use of the Infill Overlay Zone shall not constitute a takings claim because the applicant will not be denied the ability to use the property in accordance with the underlying zone.

The Infill Overlay Zone is a planning tool to assist development in the pioneer neighborhoods of the community. The overlay zone provides a mechanism for the City Council to modify the lot area and frontage requirements for parcels in various zoning districts. Many lots in established areas of the city were created before the effective date of the currently adopted ordinances and may require special consideration to accommodate additional development. The overlay zone allows the City Council to examine the specific needs of each request to encourage proper use of the property.

In accordance with Section 19.6.30.3 of the Payson City Zoning Ordinance, use of the I-O, Infill Overlay Zone to create a flag lot is highly discouraged in any location where the use of a cul-de-sac or other access would result in a more efficient land use pattern, better emergency access, connectivity, proper installation of infrastructure, and increased harmony in the neighborhood. In this instance, there are several parcels that contain considerable vacant property in the interior portion of the block. It is the responsibility of the applicant to demonstrate that a flag lot is preferable to other access methods (i.e. cul-de-sac) and a more viable long term option for development of the vacant property in the interior of the block.

In most cases, the use of the overlay zone has been successful. The overlay zone has been used to develop parcels adjacent to steep slopes, increase the size of existing lots of record, and to create parcels from unused space along existing roadways. These applications have confirmed that the regulations are necessary.Conversely, the flexibility allowed in the Infill Overlay Zone has also been used to create flag lots which are discouraged in the ordinance. In reviewing this application and any request to create a flag lot, the Planning Commission and City Council should consider the request with a more global perspective rather than an individual application. Is there a better solution to develop the interior portion of the block? Moreover, is the creation of smaller parcels in the pioneer neighborhoods the solution to encouraging reinvestment or is maintaining a variety of lot sizes and housing product?

A primary focus of the I-O, Infill Overlay Zone is compatibility with surrounding uses. Therefore, staff would suggest the City Council consider the following conditions if the Council is inclined to approve the request:

1. If approved, the use of the overlay zone in this instance would only alter the requirements for frontage on a public street. All other subdivision and general improvement requirements asrequired by the development ordinances will need to be satisfied by the applicant including, but not limited to setback, lot size, performance guarantee, water transfer, building code and fire code requirements.
2. If approved, any structure built with the approval of an overlay zone must complement or improve the surrounding built environment. Over the past decade, this particular neighborhood has benefitted from several reinvestment projects, including the demolition of a dilapidated dwelling and the construction of several single family dwellings. A review of building materials, dwelling size and height, general architecture and other details should be a condition of approval and reviewed for compatibility prior to development approval or issuance of a building permit.
3. To ensure the new dwelling will only be used for single family dwelling purposes, staff would suggest that the dwelling be designed in a way that will encourage the use of the structure as anticipated (i.e. a separate exterior basement entrance will not be allowed, only a single kitchen will be allowed, etc.).
4. In accordance with Section 19.6.30.7 of the Zoning Ordinance, the new structure must be situated in a manner that the following issues are addressed:

1. Each structure in the I-O, Infill Overlay Zone shall satisfy the setback requirements of the underlying zone except that the front setback for a flag lot shall be measured at the point where the access (flag pole) connects to the remaining area (flag portion) of the parcel.
2. The structure must be situated in a manner that the main entry of thedwelling faces the public right-of-way from which the access is obtained.
3. Access to the new lot must be at least twenty-six (26) feet in width and hard surfaced using asphalt or concrete, include an adequate turn around for public safety vehicles and remain unobstructed for use by public safety vehicles at all times.
4. Each residential structure that is not adjacent to the public street must be identified witha carriage light placed adjacent to the street (500 West)that includes the address of the residential structure. A design of the carriage light and address indicator will need to be submitted by the applicant and approved by the City Council.
5. Because the structure will be located in the rear yards of existing residences, staff would suggest that the structure be limited to a single story above grade structure to maintain privacy of the existing residents to the extent possible.

1. Because the proposed dwelling will be placed in the backyard of an established residential area, staff would suggest that all areas, including front, side and rear yard areas, not used for building and required parking be completely landscaped prior to issuance of a Certificate of Occupancy.
2. Staff would suggest that because the proposed structure will be constructed in the rear yards of the adjacent property owners that the applicant be required to install a six (6) foot sight obscuring fence around the perimeter of the new lot to preserve the privacy of the adjacent property owners.

The City Council may require additional information in order to make a well-informed decision or impose additional conditions to ensure the new dwelling satisfies the provisions of Section 19.6.30 of the Payson City Zoning Ordinance.

Recommendation

The applicant is seeking approval for use of the I-O, Infill Overlay Zone to reduce the frontage requirements of the R-2-75 Zone to allow a future building lot behind the existing dwelling. The City Council will need to determine if the applicant has adequately addressed the provisions of Section 19.6.30 of the Zoning Ordinance and that creation of a flag lot and the construction of a single family dwelling is suitable in this location.

On September 28, 2011, the Planning Commission, following a public hearing to receive public input, recommended the City Council approve the use of the I-O, Infill Overlay Zone contingent upon the completion of the conditions proposed by staff and including the driveway be improved with concrete and the front of the dwelling be constructed of hard surfaced materials. The motion was based on the findings that the applicant has taken steps to resolve the concerns of the surrounding property owners, the use of the overlay zone has the potential to increase property values and encourage neighborhood investment, and is consistent with the development pattern in the area.

Approval of the I-O, Infill Overlay Zone is similar to a zone change request. The request is a legislative action and the City Council is under no obligation to approve the use of the overlay zone. The applicant is entitled to use the property consistent with the requirements of the underlying zone, R-2-75, that would allow a single family dwelling on a seventy five hundred(7,500) square foot lot with at least seventy five (75) feet of frontage.Following a public hearing to receive public comment, the City Council may:

1. Remand the request of the applicant back to staff or the Planning Commission for further review. The City Council should select this option if it is determined that the applicant has not provided enough information for the City Council to formulate a well-informed decision.
2. Approvethe request for use of the overlay zone as proposed. Staff would suggest that if the City Council approves the request as proposed, an opportunity to require the applicant to satisfy the regulations of the Payson City development ordinances will be missed.
3. Approve the request for use of the overlay zone contingent upon the satisfaction of conditions. Staff would suggest that if the City Council approves the request contingent upon the satisfaction of certain conditions, the applicant will be required to develop the property consistent with the regulations of the development ordinances of Payson City and in a manner that will benefit the neighborhood.
4. Deny the use of the overlay zone. The City Council should select this option if it is determined that the proposed flag lot is not the preferred option for interior block development and may inhibit proper development in the area.

Any motion of the City Council should include findings that indicate reasonable conclusions for their decision regarding the land use application.

Locator Map

Applicant’s Request

Proposed Layout

Elevation

PC Minutes

Infill Overlay Zone Ordinance

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