Agenda Packet 11-26-18 Work Session

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CLEAR & OBJECTIVE HOUSING: APPROVAL C RITERIA UPDATE November 13, 2018 DRAFT Preferred Concepts Report: Maintenance Issues Page 11 of 59 a requirement at EC 9.8325(7) that requires compliance with “all applicable development standards explicitly addressed in the application” and continue to allow adjustment reviews. During public engagement, confusion and/or disagreement emerged around how al lowing for an adjustment review process could be consistent with having a clear and objective path to approval. State law allows for an alternative discretionary process as long as an applicant retains the option of proceeding under the clear and objective process. As such, discretionary adjustment approval is allowed, because the applicant is only subject to the discretionary adjustment process when they choose this discretionary option as an alternative to meeting the clear and objective standard. Adjustment review is a valuable tool to seek an efficient and effective alternative solution when particular situations or site characteristics do not fit (or were not anticipated) in a one- sized-fits all regulation or to allow creative proposals that meet or exceed the intent of development standards. Subsection (11) is largely redundant with subsection (7), and it causes confusion when some standards can be adjusted and others can be modified, but by different means and metrics. Limiting the path to modify standards to the adjustment review process will provide clarity in the PUD review. In addition, the adjustment review approval criteria specifically address the standard to be adjusted, as compared to the modification, which only requires compliance with the high level purpose statement of the PUD section. COM-06 (N ON-CONFORMING REFERENCE) Description : As part of a clear and objective partition or subdivision, new non-conforming situations must not be created, meaning that any existing dwelling or structure on the property must continue to comply with applicable development standards, such as setbacks, lot coverage, density, use and parking, after the land is divided. Applies To : Partition, Subdivision Existing Code Section(s): EC 9.8220(3), EC 9.8520(4) Ex isting Code Language : 9.8220(3) The proposed partition will not cause any existing improvements on proposed lots to be inconsistent with applicable standards in this land use code. 9.8520(4) The proposed subdivision will not cause any existing improvements on proposed lots to be inconsistent with applicable standards in this land use code. Recommendation : No change to existing criteria. This issue was identified in the land use code audit as a possible change to add clarity. There are limited cases where a land division could create a new non-conforming situation (such as an existing building located closer to proposed lot lines than allowed by setbacks), and the existing criterion is sufficient to address those. Given the number of higher-priority issues to address and the absence of known problems, this issue does not merit additional consideration. November 26, 2018, Work Session – Item 2