05-20-2019 Planning Commission Packet

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To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator l V From: Melanie Curtis, Planner mcc Date: 20 May 2019 ikEsxo�`� Subject: #LA18-000057,Text Amendment(correction): Plumbing in Accessory Buildings Public Hearing Background In December,the City Council adopted Ordinance No. 222 and Summary Ordinance No. 223 regarding changes to the regulations relating to accessory buildings and accessory structures.This was a comprehensive amendment meant to capture all of the language changes/edits we determined necessary as well as provide a thoughtful revision to the required setbacks of both accessory buildings and accessory structures. Affected Code Sections: 78-228(6) Conditional uses. (R-1A) 78-253(6) Conditional uses. (R-1B) 78-303(7) Conditional uses. (LR-1A) 78-328(7) Conditional uses. (LR-1B) 78-348(8) Conditional uses. (LR-1C) 78-367(8) Conditional uses. (LR-1C-1) 78-393(6) Conditional uses. (RR-1A) 78-418(6) Conditional uses. (RR-1B) The requirement for the building to be "conforming with respect to location, size, and height" was intended to be removed from each of the conditional use sections of the preceding sections, to be replaced with language consistent with the following: "Sec. 78-1437. -Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building which meets one of the following criteria: