Apr 21, 2010

LUO Revisions (8 dwellings allowed by-right, on a single Res or Country zoned lot of sufficient size)


The Dept of Planning & Permitting introduced this bill, describing it as "an assortment of miscellaneous 'housekeeping' measures."

Most relevant to developers of multiple homes on R-5 zoned land (see pg 12):

"A maximum of eight dwelling units may be placed on a single zoning lot in a country or residential district, provided
a) The zoning lot shall have a lot area equal to or greater than the required minimum lot size for the underlying country or residential district multiplied by the number of dwelling units on or to be placed on the lot.
b) If the applicant wishes to erect additional dwelling units under the provisions of Section 21-8.20, ohana dwellings, the zoning lot shall be subdivided.
c) The number of dwelling units contained in each structure shall not be greater than permitted in the applicable zoning district.
d) This section shall not apply to more than eight dwelling units on a single zoning lot, which must be processed under the established procedures for cluster hosing, planned development housing or subdivision.
e) The zoning lot shall be located with access to a street or right-of-way of minimum access width as determined by the appropriate agencies.
f) There shall be no more than one farm dwelling on an agricultural zoning lot, except as may otherwise be permitted under established procedures for ohana dwelling units, cluster housing, or planned development."
Dept of Planning & Permitting Commentary attached to explain the change:
Eliminates the site development plan permit and replaces it with provisions permitting up to 8 dwelling units by-right on a single residential or Country zoning lot of sufficient size. The site development plan option has rarely been used; and, in the few instances where it has been used, has essentially functioned as a means to achieve a small subdivision without providing full City-standard infrastructure improvements. Therefore, from a regulatory perspective it has been of little benefit to either developers or the City as a relevant type of regulatory option for housing development. Under existing provisions, up to two single-family dwellings on permitted on a zoning lot of sufficient size (i.e., at least twice the minimum lot size). And, the site development plan option is available for the development of three to six dwellings on a single zoning lot.
As a streamlining measure, the proposed revisions will allow up to eight dwellings by-right on zoning lots of sufficient size; i.e., the zoning lot must be at least equal to or greater than the required minimum lot size for the underlying zoning district multiplied by the number of dwellings to be developed on the lot. This will also eliminate the unnecessary regulatory requirement for associated existing use and cluster housing approvals for relatively small multiple housing developments. And, this will eliminate many, if not most nonconforming dwelling unit situations. 
Furthermore, the current provisions of LUO Section 21-8.30 authorize the development of up to two dwellings “by right” on residential, country, and agricultural zoning lots with at least twice the minimum lot area for the underlying zoning district. For agricultural zoning lots, the existing provision conflicts with the City Council’s recent proposal to limit the number of permitted by-right farm dwellings to only one, initiated under Resolution No. 09-90, CDI. The Council proposal inadvertently overlooked making corresponding, but necessary amendments to this related LUO provision. 
The proposed revisions will also clearly permit the accommodation of ohana farm dwellings, where already allowed under established procedures. The City Council did not specify that it ever intended to change longstanding City policy relating to ohana dwellings, and did not propose to prohibit ohana farm dwellings in agricultural districts, when it adopted its proposal in Resolution No. 09-90, CD1. The DPP is not proposing any change to ohana dwelling policies or practices. Therefore, these related amendments are necessary and appropriate as part of the overall LUO revisions re: farm dwelling standards and requirements.
This bill was approved as Ordinance 10-19 on 9/2/2010. Planning commission report and justification for revisions, below.