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@ City of Phoenix PLANNING AND DEVELOPMENT DEPARTMENT To: Alan Stephenson Date: November 8, 2024 Deputy City Manager From: Joshua Bednarelh Planning and Devélopment Director Subject: ITEM 75 ON THE NOVEMBER 13, 2024, FORMAL AGENDA — PUBLIC HEARING - AMEND CITY CODE - ORDINANCE ADOPTION - ACCESSORY DWELLING UNITS - Z-TA-2-24-Y (ORDINANCE G-7317) - CITYWIDE Item 75, is a request to hold a public hearing on a proposed text amendment Z-TA-2-24-Y and to request City Council approval per the Planning Commission recommendation which amends the Phoenix Zoning Ordinance Chapter 2, Section 202 (Definitions) to add new definitions and revise existing definitions regarding Accessory Dwelling Units and related residential terms; amend Chapter 6, Section 603 (Suburban S-1 District-Ranch or Farm Residence) and Section 604 (Suburban S-2 District-Ranch or Farm Commercial) to comply with HB 2720; amend Section 605 (Residential Estate RE-43 District-One-Family Residence), Section 606 (Residential Estate RE-24 District-One-Family Residence), and Section 607 (Residential R1-14 District-One-Family Residence) to comply with HB 2720 and increase permitted lot coverage; amend Section 608 (Residential Districts) to comply with HB 2720; amend Section 609 (RE-35 Single-Family Residence District) to increase permitted lot coverage; amend Chapter 7, Section 701.A.3 (Projections) to comply with HB 2720; amend Section 703.B (Landscaping and Open Areas In Multiple-Family Development) to differentiate the addition of ADUs from multi-family developments; and amend Section 706 (Accessory Uses and Structures) to clarify wordings and comply with HB 2720. The Planning Commission heard the case on November 7, 2024, and recommended approval, per the staff recommendation with a modification by a vote of 9-0. The language in this proposed text amendment has been updated to reference the revision to the “Accessory Dwelling Unit, Attached’ definition. This revision from “common” to “shared” is to avoid confusion with the term “common wall” which is generally related to the construction of townhomes and would not be applicable to the construction of an attached ADU. Below is an update to the text amendment which is denoted as BOLD/UNDERLINED. ACCESSORY DWELLING UNIT, ATTACHED: AN ADU WHICH IS CONSTRUCTED HAVING A COMMON SHARED WALL AND ATTACHED FOUNDATIONS WITH THE PRIMARY DWELLING UNIT. AN ADU CONNECTED TO THE PRIMARY DWELLING UNIT IN ANY OTHER MANNER SHALL NOT BE CONSIDERED AN ATTACHED ADU. Staff recommends approval of Z-TA-2-24-Y as shown in the proposed text, per the Planning Commission recommendation. Z-TA-2-24-Y Backup Memo November 8, 2024 Page 2 Accessory Dwelling Unit (ADU): A dwelling unit, as defined in this section, subordinate to the primary dwelling unit and situated on the same lotand-used fora-residential aecessory-use. ADUs, where permitted, do not count towards calculations of gross density. ACCESSORY DWELLING UNIT, ATTACHED: AN ADU WHICH IS CONSTRUCTED HAVING A GOMMON SHARED WALL AND ATTACHED FOUNDATIONS WITH THE PRIMARY DWELLING UNIT. AN ADU CONNECTED TO THE PRIMARY DWELLING UNIT IN ANY OTHER MANNER SHALL NOT BE CONSIDERED AN ATTACHED ADU. ACCESSORY DWELLING UNIT, DETACHED: AN ADU WHICH IS CONSTRUCTED WITH NO CONNECTION TO THE PRIMARY DWELLING UNIT, EXCEPT AS MAY BE EXPLICITLY PERMITTED WITHIN THE ZONING ORDINANCE. A DETACHED ADU MAY INCLUDE AN INTEGRATED GARAGE, CARPORT, OR PORCH. TWO ADUS ATTACHED TO EACH OTHER, BUT NOT TO THE PRIMARY DWELLING UNIT, SHALL EACH BE CONSIDERED AS A DETACHED ADU. eK Multi-Family/Multiple-Family: A lot or parcel where two or more dwelling units are provided, not including apermitted accessory dwelling unitS. RE SECTION 2: That Chapter 6, Section 603 (Suburban S-1 District—Ranch or Farm Residence), is amended to read as follows: A. Permitted Uses. 1. Dwelling Units. Each lot may have the following: a. One primary dwelling unit. b. One-TWO accessory dwelling unitS, and c. For each additional 10 acres provided above the minimum lot size, one additional accessory dwelling unit for use by on-site laborers may be provided. d. IN ADDITION TO THE ABOVE, ONE ADDITIONAL ACCESSORY DWELLING UNIT (ADU) MAY BE PERMITTED ONLY WHEN AT LEAST ONE ADU QUALIFIES AS AFFORDABLE HOUSING. Z-TA-2-24-Y Backup Memo November 8, 2024 Page 3 RE B. Yard, Height and Area Requirements. 1. Each lot shall have a net area of not less than one acre. 2. Foral-dwelling-units-SETBACK REQUIREMENTS: a. The minimum front setback is 40 feet. b. The minimum side setback is 30 feet, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. Cc. The minimum rear setback is 30 feet, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. ek 6. Accessory dwelling units are subject to the additional provisions DEVELOPMENT REGULATIONS of Section 706.A. poad SECTION 3: That Chapter 6, Section 604 (Suburban S-2 District—Ranch or Farm Commercial), is amended to read as follows: B. Yard, height and area requirements. 1. Each lot shall have a net area of not less than three acres. 2. Foralldwellingunits-SETBACK REQUIREMENTS: a. The minimum front setback is 40 feet. b. The minimum side setback is 30 feet, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. Cc. The minimum rear setback is 30 feet, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. ke 6. Accessory dwelling units are subject to the additional provisions DEVELOPMENT REGULATIONS of Section 706.A. Z-TA-2-24-Y Backup Memo November 8, 2024 Page 4 eee SECTION 4: That Chapter 6, Section 605 (Residential Estate RE-43 District—One- Family Residence), is amended to read as follows: The provisions of this section shall apply only to land zoned RE-43 prior to September 13, 1981. The RE-43, One-Family Residence DISTRICT, is a district of single-family homes designed to maintain, protect and preserve a character of development on lots with a minimum area of 43,560 square feet, and with not more than one dwelling unit and customary accessory buildings upon one lot. A. Permitted Uses. 1. Dwelling units. Each lot may have the following: a. One primary dwelling unit. b. One-TWO accessory dwelling unitS. A THIRD ADU IS PERMITTED ONLY WHEN AT LEAST ONE ADU QUALIFIES AS AFFORDABLE HOUSING AND THE NET LOT SIZE IS A MINIMUM OF 43,560 SQUARE FEET. c. Model homes are permitted subject to the provisions of Section 608.E.19. wee 5. RESERVED.-Medel homes-and/or subdivisi Z-TA-2-24-Y Backup Memo November 8, 2024 Page 5 Z-TA-2-24-Y Backup Memo November 8, 2024 Page 6 aK B. Yard, height and area requirements. Except as required by Section 710, the following yard, height, and area provisions shall be required for this district. + 1. EACH LOT SHALL HAVE A NET AREA OF NOT LESS THAN 43,560 SQUARE FEET. 2. EACH LOT SHALL HAVE A MINIMUM WIDTH OF 165 FEET. 3. EACH LOT SHALL HAVE A MINIMUM DEPTH OF 175 FEET. 4. SETBACK REQUIREMENTS: a. THE MINIMUM FRONT SETBACK IS 40 FEET. 2-TA-2-24-Y Backup Memo November 8, 2024 Page 7 THE MINIMUM SIDE SETBACK IS 30 FEET, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. hom THE MINIMUM REAR SETBACK IS 30 FEET, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. Ie The main building and ail accessory buildings on a lot shall not occupy more than 20 percent of the net lot area, except if all structures are less than 20 feet and one story in height then a maximum of 39-40 percent lot coverage is allowed. No building shall exceed the height of two stories, not to exceed thirty feet, and no dwelling shall be erected to a height of less than one story. Yardster aAccessory Dwelling wUnits and other accessory structures-shall be provided-in-accordance with the provisions ARE SUBJECT TO THE ADDITIONAL DEVELOPMENT REGULATIONS of Section 706. OPEN Pprojections into the required side yards, per the provisions of Section 701.a.3.a (1)(b), are not permitted. eK SECTION 5: That Chapter 6, Section 606 (Residential Estate RE-24 District—One- Family Residence), is amended to read as follows: The provisions of this section shall apply only to land zoned RE-24 prior to September 13, 1981. The RE-24, One Family Residence District, is a district of single-family homes designed to maintain, protect and preserve a character of development on lots with a minimum area of 24,000 square feet and with not more than one dwelling unit and customary accessory buildings upon one lot. A. Permitted Uses. 1. Dwelling Units. Each lot may have the following: a. One primary dwelling unit. b. One-TWO accessory dwelling units. A THIRD ADU IS PERMITTED ONLY WHEN AT LEAST ONE ADU QUALIFIES AS AFFORDABLE HOUSING AND THE NET LOT SIZE IS A MINIMUM OF 43,560 SQUARE FEET. Z-TA-2-24-Y Backup Memo November 8, 2024 Page 8 Cc. Model homes are permitted subject to the provisions of Section 608.E.19. eK Z-TA-2-24-Y Backup Memo November 8, 2024 Page 9 B. Yard, height and area requirements. Except as required by Section 710, the following yard, height, and area provisions shall be required for this district. 4 Z-TA-2-24-Y Backup Memo November 8, 2024 Page 10 EACH LOT SHALL HAVE A NET AREA OF NOT LESS THAN 24,000 SQUARE FEET. EACH LOT SHALL HAVE A MINIMUM WIDTH OF 130 FEET. EACH LOT SHALL HAVE A MINIMUM DEPTH OF 120 FEET. SETBACK REQUIREMENTS: a. THE MINIMUM FRONT SETBACK IS 30 FEET. b. THE MINIMUM STREET SIDE SETBACK IS 15 FEET, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. c. THE MINIMUM INTERIOR SIDE SETBACK IS 10 FEET, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. d. THE MINIMUM REAR SETBACK IS 20 FEET, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. The main building and all accessory buildings on a lot shall not occupy more than 25 percent of the net lot area, except if all structures are less than 20 feet and one story in height then a maximum of 30-40 percent lot coverage is allowed. No building shall exceed the height of two stories, not to exceed thirty feet, and no dwelling structure shall be erected to a height of less than one story. Z-TA-2-24-Y Backup Memo November 8, 2024 Page 11 ¥ards-for aAccessory dDwelling wUnits and other accessory structures-shal! be provided in- accordance with the provisions ARE SUBJECT TO THE ADDITIONAL DEVELOPMENT REGULATIONS of Section 7086. OPEN Pprojections into the required side yards, per the provisions of section 701.A.3.a(1)(b), are not permitted. ee SECTION 6: That Chapter 6, Section 607 (Residential R1-14 District—One-Family Residence), is amended to read as follows: The provisions of this section shall apply only to land zoned R1-14 prior to September 13, 1981. The R1-14, One-Family Resident RESIDENCE District, is a district of single-family homes designed to maintain, protect, and preserve a character of development on lots with minimum area of 14,000 square feet and with not more than one dwelling unit and customary accessory building upon one lot. Dwelling groups shall also be allowed in the districts on certain lots of excessive size, then developed consistent with the character of adjacent residential uses in the district. RK B. Yard, height and area requirements. Except as required by Section 710, the following yard, height, and area provisions shall be required for this district. FP = Rearyard-requirements- shall be the same as for RE 24. EACH LOT SHALL HAVE A NET AREA OF NOT LESS THAN 14,000 SQUARE FEET. EACH LOT SHALL HAVE A MINIMUM WIDTH OF 110 FEET. EACH LOT SHALL HAVE A MINIMUM DEPTH OF 120 FEET. SETBACK REQUIREMENTS: Z-TA-2-24-Y Backup Memo November 8, 2024 Page 12 a. THE MINIMUM FRONT SETBACK IS 30 FEET. b. THE MINIMUM STREET SIDE SETBACK IS 15 FEET, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. c. THE MINIMUM INTERIOR SIDE SETBACK IS 10 FEET, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. d. THE MINIMUM REAR SETBACK IS 20 FEET, EXCEPT THAT ADUS ARE SUBJECT TO THE SETBACK PROVISIONS OF SECTION 706.A. The main building and all accessory buildings on a lot shall not occupy more than 25 percent of the net lot area, except if all structures are less than 20 feet and one story in height then a maximum of 30-40 percent lot coverage is allowed. No building shall exceed the height of two stories, not to exceed thirty feet, and no dwelling structure shall be erected to a height of less than one story. Yards-for aAccessory dDwelling wUnits and other accessory structures-shal} i i i isions ARE SUBJECT TO THE ADDITIONAL DEVELOPMENT REGULATIONS of Section 706. OPEN Pprojections into the required side yards, per the provisions of section 701.A.3.a(1)(b), are not permitted. kK SECTION 7: That Chapter 6, Section 608 (Residential Districts), is amended to read as follows: E. Land Use Conditions. 1. Single-Family Detached Dwelling Unit. Each single-family lot is permitted one single-family detached primary dwelling unit and no additional dwelling units, unless otherwise permitted elsewhere in this section. Accessory Dwelling Unit (ADU). Z-TA-2-24-Y Backup Memo November 8, 2024 Page 13 WHEN A LOT HAS NO MORE THAN ONE SINGLE-FAMILY DETACHED PRIMARY DWELLING, TWO ADUS ARE PERMITTED IN ADDITION TO THE PRIMARY DWELLING UNIT. A THIRD ADU MAY BE PERMITTED WHEN AT LEAST ONE OF THE ADUS QUALIFIES AS AFFORDABLE HOUSING, AND THE NET LOT SIZE IS A MINIMUM 43,560 SQUARE FEET. HOWEVER, LOTS HAVING A DUPLEX OR TRIPLEX, SINGLE-FAMILY ATTACHED UNITS, OR ANY MULTI-FAMILY DWELLING UNITS ARE NOT PERMITTED ANY ADUS. b. An ADU is subject to the development regulations of Section 706.A. shiek SECTION 8: That Chapter 6, Section 609 (RE-35 Single-Family Residence District), is amended to read as follows: eK TABLE 609.A RE-35 Development Options (c) (a) (b) identi Standards ee Planned Residential Subdivision Average Lot Development Lot coverage 25%, except if all 30%, PLUS AN 30%, PLUS AN structures are less | ADDITIONAL 10% | ADDITIONAL 10% than 20' and 1 story | FOR AN ADU FOR AN ADU AND/OR in height then a AND/OR ATTACHED SHADE maximum of 39 ATTACHED STRUCTURES. 40% lot coverage is | SHADE TOTAL: 40% allowed. STRUCTURES. TOTAL: 40% eK SECTION 9: That Chapter 7, Section 701.A.3 (Projections), is amended to read as follows: Z-TA-2-24-Y Backup Memo November 8, 2024 Page 14 A. Lots. eK 3. Projections. a. The following provisions apply to development in Sections 604 through 607 and Section 619 and in the subdivision option of Sections 609 through 618: card (2) Closed Projections. (d) The main building (which may include an attached ADU) may project into the required rear OR SIDE yard, SUBJECT TO THE FOLLOWING: wher ne portion of i) THE PROJECTION IS NO CLOSER TO A SIDE PROPERTY LINE THAN FIVE FEET; (ii) = THE PROJECTION IS NO CLOSER TO A REAR PROPERTY LINE THAN THREE FEET; AND it THE PROJECTION DOES NOT EXCEED 15 FEET IN HEIGHT, UNLESS GREATER HEIGHT IS PERMITTED BY OBTAINING A USE PERMIT PER SECTION 307. see SECTION 10: That Chapter 7, Section 703.B (Landscaping and Open Areas In Multiple-Family Development), is amended to read as follows: RE B. 2. Landscaping and open space areas shall be provided as follows at the time of initial development and shall be maintained in a living condition on any lot subject to residential district standards with feutFIVE or more dwelling units. Z-TA-2-24-Y Backup Memo November 8, 2024 Page 15 wee SECTION 11: That Chapter 7, Section 706 (Accessory Uses and Structures), is amended to read as follows: A. Accessory Dwelling Units (ADU) 1. ited bythe soning dietict THis SECTION APPLIES TO ACCESSORY DWELLING UNITS WHEN A LOT HAVING NO MORE THAN ONE SINGLE-FAMILY DWELLING UNIT IS PERMITTED ONE OR MORE ADUS PER THE UNDERLYING ZONING DISTRICT. the zoning district-AN ADU MAY BE EITHER ATTACHED TO OR DETACHED FROM THE PRIMARY DWELLING UNIT, SUBJECT TO THE FOLLOWING: a. A MAXIMUM OF ONE ATTACHED ADU MAY BE PROVIDED PER LOT. b. A MAXIMUM OF ONE DETACHED ADU MAY BE CONNECTED TO THE PRIMARY DWELLING UNIT BY A PORCH, DECK, COVERED PATIO, CARPORT, BREEZEWAY, OR SIMILAR. Af-ADUS +nay-_be-either-attachedte-or detached from the primary-dwelling unit ARE subject to the following design guidelines: a. An attached ADU shall be integrated into the design of the primary dwelling unit so that it appears to be part of one single family home, rather than a duplex. This guideline does not prohibit the provision of separate entry features. (P) b. A detached ADU, when visible from adjacent streets, shalLbe " SHOULD HAVE A RESIDENTIAL APPEARANCE IN NATURE AND DESIGN, or as may be approved by Historic Preservation for HP zoned or designated properties. (P) Z-TA-2-24-Y Backup Memo November 8, 2024 Page 16 6. 5. Rationale: ADUs are intended be subordinate to the primary single-family home and should visually appear as such. An ADU whiehtookstike-a secendduplex-unit_orasecenddetached- primary | meet this intent MATERIALS MORE COMMONLY ASSOCIATED WITH COMMERCIAL STRUCTURES SHOULD BE AVOIDED. HOWEVER, THESE DESIGN GUIDELINES DO NOT REQUIRE THAT AN ADU MATCHES THE EXTERIOR DESIGN, ROOF PITCH, OR FINISHING MATERIALS OF THE PRIMARY DWELLING UNIT. A detached ADU may betocated-within the required rear yard_IS subject to the following: a. A DETACHED ADU MAY BE LOCATED WITHIN THE REQUIRED REAR OR SIDE YARD(S), AND/OR WITHIN A REQUIRED ON-LOT PERIMETER SETBACK WHICH IS NOT ALSO THE FRONT YARD. ab. Setbacks. (1) Minimum ter-FIVE feet from a street side property line. (2) Minimum three feet from an interior SIDE OR REAR property line. (3) No setback is required adjacent to a fully dedicated alley. (4) FRONT SETBACKS APPLY AS STATED FOR THE ZONING DISTRICT. b-c. PERMITTED Height. Maximunrtfeetunlesstise permitapproval fora-greaterheight is obtained-per Section 307. (1) WHEN LOCATED WITHIN THE REQUIRED REAR OR SIDE YARDS: MAXIMUM 15 FEET, UNLESS USE PERMIT APPROVAL FOR A GREATER HEIGHT IS OBTAINED PER SECTION 307. (2) WHEN NOT LOCATED WITHIN ANY REQUIRED YARD: THE SAME HEIGHT AS PERMITTED FOR THE PRIMARY DWELLING UNIT. WHEN IN COMPLIANCE WITH THE MINIMUM REQUIRED FRONT SETBACK, Aa detached ADU may not be located between the primary dwelling unit and the front property line unless use permit approval is obtained per Section 307. Z2-TA-2-24-Y Backup Memo November 8, 2024 Page 17 4.6. 8-7. 9-8. An attached ADU shall comply with same height regulations and setbacks (including permitted projections per Section 701.A.3) required for the primary dwelling unit: AnY ADU shall comply with the lot coverage requirements applicable to the property. AnY ADU shall not have a gross floor area which exceeds 75% of the gross floor area of the primary dwelling unit, and: a. For lots up to 10,000 square feet in net area: 1,000 square feet. b. For lots over 10,000 square feet in net area: the lesser of 3,000 square feet or 10% of the net lot area. For the purposes of these calculations, any garage, ATTACHED SHADE STRUCTURE, or attached carport constructed as part of a detached ADU shall NOT count toward the gross floor area of the ADU. Arny-attached Single-Family Residential Accessory Structures. The following regulations apply to accessory structures which are not accessory dwelling units, and located on lots having only single-family residential uses: 1. IN 2-3. Accessory structures are not permitted within the required front yard. Accessory structures located behind the required front setback but between the primary dwelling unit and the front property line are not permitted unless use permit approval is obtained per Section 307. SETBACKS. a. MINIMUM THREE FEET FROM A SIDE OR REAR PROPERTY LINE. b. NO SETBACK IS REQUIRED ADJACENT TO A FULLY DEDICATED ALLEY, UNLESS NEEDED FOR REQUIRED VEHICULAR MANUEVERING. Permitted Heights. a. WHEN LOCATED WITHIN A REQUIRED REAR OR SIDE YARD, A Mmaximum height of eight feet IS PERMITTED when located within ten-LESS THAN FIVE feet eo FROM a street side property line, AND A MAXIMUM HEIGHT OF e+15 feet IS PERMITTED when located FIVE FEET OR MORE FROM A STREET SIDE PROPERTY LINE elsewhere-within the required rear or side yard. Z-TA-2-24-Y Backup Memo November 8, 2024 Page 18 Approved: b. Heights in excess of 15 feet, when astlocated within-ten-FIVE feet of OR MORE FROM a street side property line, may be approved through a use permit obtained per Section 307. c. An accessory structure not located within the required rear or side yard and compliant with the same setbacks required for the primary dwelling unit is subject to the same height regulations as the primary dwelling unit. Seibacks—Accessory structures shall maintain-a minimum-setback of three feetadjacentie-arearorside propery tine_except that no-setbackis required adjacent to-a fully dedicated alley. eEE Ath Alah Stephenson, Depity City Manager