Planning and Zoning Commission

CITY OF KNOXVILLE January 24, 2023 PLANNING & ZONING COMMISSION 5:30 P.M. REGULAR MEETING COUNCIL CHAMBERS AGENDA MEMBERS PRESENT: Mike Cox____, Kirsten Meyers____, Sander Stotland____, Willie Swayne____, Lucas Young____, & Scott Ziller____ ITEM AGENDA: 1. Call to Order 2. Roll Call 3. Approve Meeting Agenda 4. Approve Meeting Minutes A. October 11, 2022 B. November 8, 2022 5. New Business A. Consider possible amendments to the Knoxville Zoning Code Residential Districts Ordinance relating to subdivision of duplex and rowhouse dwellings to accommodate their sale to separate owners 6. Comments a. Board Members b. Staff 7. Adjourn City of Knoxville | 305 S. Third Street | Knoxville, IA 50138 | 641-828-0550 www.knoxvilleia.gov  PLANNING & ZONING COMMISSION MINUTES October 11, 2022 The meeting was called to order at 5:44 pm by Chairperson Willie Swayne and on roll call the following members were present: • Mike Cox • Willie Swayne • Kirsten Meyers • Scott Ziller Members not present: Jacob Vander Ecken & Lucas Young Staff Present: Nathan Parch, Planning & Zoning Administrator Public Present: Nick Welter (Downing Construction), Monte Appelgate (Snyder & Associates, Inc.), & Jeff Sinnard It was moved and seconded to approve the October 11, 2022 agenda. Motion approved on voice vote: Ayes: Cox, Meyers, Swayne, Ziller; Nays: None; Absent: Vander Ecken, Young It was moved and seconded to approve the minutes of the July 1, 2022 meeting. Motion approved on voice vote: Ayes: Cox, Meyers, Swayne, Ziller; Nays: None; Absent: Vander Ecken, Young Old Business: None New Business: Consider a Site Plan from C & O Real Estate LLC for a new dental office building on W. Bell Avenue (Parcel IDs: 1070800610 & 1070800615) Nathan Parch reported on the site plan for a 4,870-square foot dental office building on W. Bell Avenue. A formal address for the property has not yet been assigned. Applicant C & O Real Estate LLC have a purchase agreement pending for the property with owner Ridge Development LLC. The property is currently vacant, undeveloped land comprised of two parcels that together form a “flag lot” totaling 275,212 SF (6.32 acres). In terms of the site plan design, Parcel 1 will serve as the point of access connecting W. Bell Avenue with Parcel 2 where the dental office building and parking will be located. Access will be provided by a 24- foot- wide paved driveway leading to two parking areas adjacent to the north and east facades of the building. The dental office building and parking areas will be positioned in the eastern portion of Parcel 2; the western portion will be vacant. 1  PLANNING & ZONING COMMISSION MINUTES October 11, 2022 Existing utilities are available to serve the development site except for a sanitary main. Nearby properties (Knoxville Vet Clinic and Raceway Tire) utilize septic systems at this time. Ridge Development LLC intends to install a private sanitary system with lift station that will connect to the City’s sanitary main to the north near Eric Drive in order to service this site and others under their control. Ridge Development LLC is currently in negotiations with the City to establish a Tax Increment Financing District and Development Agreement to assist with development related costs, including the lift station. While members of the Planning and Zoning Commission were supportive of the project overall, they did raise concerns about the proximity of the proposed site entrance on W. Bell Avenue to the adjacent intersection. Commissioners recognized that alternate points of entry to the subject site may be feasible and should be explored further, but they did not want to halt the project from moving forward. In lieu of an alternate point of entry being secured, Commissioners acknowledged that the proposed entrance, while not ideal, could function with the expected low traffic demand generated by a dental office. They were also supportive of City Council initiating future study and evaluation of the W. Bell Avenue and Hwy 14/S. Lincoln intersection in recognition that it be able to accommodate future development in the area. Motion was made and seconded to approve the site plan subject to the following condition: 1) Consideration be given to evaluating alternate points of entry to the subject site. Motion approved on voice vote: Ayes: Cox, Swayne, Meyers, Ziller; Nays: None; Absent: Vander Ecken, Young. Consider an application from Jeff Sinnard to rezone the properties at 1506 and 1510 E Marion Street from C-2, General Commercial, to M-1, Service Commercial/Limited Industrial District Nathan Parch reported on the request to rezone two adjacent properties from C-2, General Commercial, to M-1, Service Commercial/Limited Industrial District, both located on the south side of E Marion Street, east of the point where Marion and the railroad tracks intersect. A vacant single-family home is located on the 1510 E Marion property and the 1506 E Marion property is not developed. The applicant/owner intends to convert the vacant structure for use as a garage and shop. This particular block of Marion Street is a one-lane gravel road with a non-signaled railroad crossing and a steep hill at the west end. There are no known plans to widen or pave this section of roadway. Adjacent properties to the east – 1514 and 1610 E Marion – were 2  PLANNING & ZONING COMMISSION MINUTES October 11, 2022 similarly rezoned to M-1 in August 2022 at the request of Mr. Sinnard (1514 E Marion) and Rick Van Donsler (1610 E Marion). Mr. Parch noted that a letter in support of the rezoning was received from the property owner at 1509 E Marion Street. Motion was made and seconded to approve the rezoning as proposed. Motion approved on voice vote: Ayes: Cox, Meyers, Swayne, Ziller; Nays: None; Absent: Vander Ecken, Young Motion was made and seconded to adjourn. Meeting adjourned at 6:52 pm. 3  PLANNING & ZONING COMMISSION MINUTES November 8, 2022 The meeting was called to order at 5:31 pm by Chairperson Willie Swayne and on roll call the following members were present: • Mike Cox • Lucas Young • Kirsten Meyers • Scott Ziller • Willie Swayne Members not present: None Staff Present: Nathan Parch, Planning & Zoning Administrator, and Glenn Lyons, Economic Development Director Public Present: Mike Roberts, Sander Stotland Announcements: Nathan Parch shared the following: • Mike Cox was reappointed to 5-year term at the November 7 City Council meeting. Mike’s current term expired at the end of October 2022. • New member Sander Stotland was appointed to a 5-year term at the November 7 City Council meeting. • Jacob Vander Ecken resigned and as is no longer serving on the Commission. Therefore, one vacancy remains. • The October 11, 2022 meeting minutes were not prepared and will be available for consideration at the next Planning & Zoning Commission meeting. It was moved and seconded to approve the November 8, 2022 agenda amended to remove item 4A – Approve Meeting Minutes October 11, 2022. Motion approved on voice vote: Ayes: Cox, Meyers, Swayne, Young, Ziller; Nays: None; Absent: None Old Business: None New Business: Consider Final Plat from the City of Knoxville for The Veterans District Plat One Subdivision Nathan Parch provided a summary of the final plat for The Veterans District Plat 1 subdivision, which would include lots 1-34 for residential development, the 3.4-acre Veteran’s Park (Outlot V), a 2.5-acre stormwater detention area (Outlot Z), public streets - Veteran’s Boulevard, Freedom Way, Liberty Lane, and Justice Way, and public alleys to serve all lots. Mr. Parch reported that the final plat prepared by Snyder & Associates, Inc., 1  PLANNING & ZONING COMMISSION MINUTES November 8, 2022 dated November 4, 2022, conformed with both the preliminary plat and the design principles of the PUD master plan for the 21.58-acre development approved in July 2022. It was noted the preliminary plat included 68 total lots and a larger footprint, however the intended number of lots at this time would be 34 with future phases planned to increase the number of lots to 68. Kirsten Meyers inquired about parking for Veterans Park being that there is no designated parking area shown on the plat. Glenn Lyons responded that parallel street parking would be available along the built portions of Justice Way, Freedom Way, and Veteran’s Boulevard. Depending on demand, the city could consider temporary measures for additional parking until such time Justice Way is extended and Barton Drive is built along the west boundary of the park. Mr. Lyons noted that amendments to the 2020 Concept Plan for the Veterans District are likely in the future as development begins and will be undertaken with the review and involvement of the Planning & Zoning Commission moving forward. Motion was made by Mike Cox to approve the final plat for The Veterans District Plat 1 subdivision as presented. The motion was seconded by Scott Ziller. Motion approved on roll call vote: Ayes: Cox, Meyers, Swayne, Ziller; Nays: Young; Absent: None Consider Urban Renewal Plan for the 2022 Ridge Development Urban Renewal Area on W. Bell Avenue Nathan Parch explained that City Council initiated the process to establish a Tax Increment Financing (TIF) District and Development Agreement with Ridge Development, LLC to assist with specific infrastructure costs for the development of four parcels on W. Bell Avenue that would include a dental office, private auto/race shop, and contractor condo warehouse building. Preparation of an urban renewal plan is a required step in this process. The Urban Renewal Plan for the 2022 Ridge Development Urban Renewal Area, dated November 2022, specifies that Ridge Development, LLC will undertake construction of a private sanitary sewer and lift station necessary to serve the buildings in the project area. The City’s anticipated total commitment through the use of TIF will not exceed $575,000. The plan is required to be approved by City Council following a public hearing, which is scheduled for November 21, 2022. 2  PLANNING & ZONING COMMISSION MINUTES November 8, 2022 Mr. Parch stated that, prior to the November 21 public hearing, the Planning & Zoning Commission is required to review the proposed plan as to its conformity and consistency with the City’s existing comprehensive plan and zoning regulations and provide comment to City Council as to such. To that end, Mr. Parch provided an overview of Knoxville’s Comprehensive Plan, adopted December 4, 2017, specifically as it pertains to future land use recommendations for the project area. The plan identifies Agriculture as the future land use for the subject properties. Mr. Parch explained this was likely due to the lack of utilities to service this portion of W. Bell Avenue, the roadway cross section being rural with granular surfacing not conducive to commercial development, and no public roadway or utility improvements targeted for the area at the time the Comprehensive Plan was prepared. Mr. Parch further noted that the subject properties are zoned for service commercial/limited industrial, which is consistent with the uses/buildings proposed by Ridge Development, LLC, and that commercial development has expanded into the area since 2017 beginning with the establishment of Raceway Tire & Exhaust at 1318 W. Bell Ave. in 2020. Members of the Planning & Zoning Commission concurred with this assessment. Motion was made by Lucas Young to inform City Council of the Commission’s finding that the proposed Urban Renewal Plan is appropriate and consistent with the City of Knoxville’s Comprehensive Plan and zoning regulations. The motion was seconded by Scott Ziller. Motion approved on roll call vote: Ayes: Cox, Meyers, Swayne, Young, Ziller; Nays: None; Absent: None Motion was made and seconded to adjourn. Meeting adjourned at 6:10 pm. ________________________________ _______________________________ Willie Swayne, Chairperson Nathan Parch, Planning & Zoning Administrator 3  PLANNING & ZONING COMMISSION STAFF REPORT JANUARY 19, 2023 SUBDIVISION OF DUPLEX AND ROWHOUSE DWELLINGS SUMMARY CASE NUMBER: N/A PREPARED BY: Nathan Parch, Planning & Zoning Administrator MEETING DATE: January 24, 2023 – Planning & Zoning Commission February 6, 2023 – City Council REQUEST: Consider possible amendments to the Knoxville Zoning Code Residential Districts Ordinance relating to subdivision of duplex and rowhouse dwellings to accommodate their sale to separate owners BACKGROUND: The City’s zoning code allows for multi-unit housing types such as duplexes and rowhouses to be built on a single lot pending the lot meets the minimum area/width requirements of the district and the building setbacks. However, our code lacks the specific regulations to accommodate individual ownership of the dwelling units on individual lots despite having the definitions in place to permit this type of ownership (see highlights below). 9-1-3: DEFINITIONS: • Dwelling, Condominium: A multiple dwelling where the fee title to each dwelling unit is held independently of the others. • Dwelling, Multiple-Family: A building or portion thereof designed for or occupied exclusively by three (3) or more families. • Dwelling, Single-Family Attached: Two (2) or more single- family dwellings sharing common wall areas, each on its own individual lot. • Dwelling, Two-Family: A building designed for or occupied exclusively by two (2) families with separate housekeeping and cooking facilities.  • Rowhouse: Three (3) or more attached single-family dwellings, each on its own plot of ground, but not necessarily on individual lots. 9-6A-2; 9-6B-2; 9-6C-2; & 9-6D-2: PRINCIPAL PERMITTED USES: CITY OF KNOXVILLE PRINCIPAL PERMITTED USES BY ZONING DISTRICT (Residential Uses Only) R-1 R-2 R-3 R-4 Single-Family One- and Two- Multi-Family Residential District Mobile Home Park Residential Residential Family District District Residential District One-family Uses permitted Uses permitted in the R-2 district. Mobile home parks, in accordance with detached in the R-1 regulations of the state and minimum dwellings district. requirements contained herein, and including mobile home sales and display areas. Two-family Multiple dwelling; including row dwellings dwellings, consisting of not more than six (6) units in a continuous row, cooperative apartment houses and condominium dwellings. Knoxville Example - Two-Family Dwelling: 304 & 306 N Second Street 2 Currently, if someone lawfully builds a duplex or rowhouse in Knoxville within the R-2 or R-3 districts they own the entire building, as shown in the above example and the dwelling units may not be sold for individual ownership. The City’s lack of regulations in this area came to light recently with the duplex under construction at 501 S. Sixth Street (Lot 9 of the East Elementary Subdivision). The duplex structure is located on a single lot, as permitted in the R-2 district, however the developer intends to sell each unit separately. Staff recommended the developer file an application with the Board of Adjustment requesting variances for lot area, lot width, and side yard setback in order to divide the single lot into two lots – one lot for each unit. Staff advised the developer that the variance process was the only option currently available, absent a zoning code amendment, for subdividing duplex and rowhouse dwellings to accommodate their sale to separate owners. On December 21, 2022, the Board of Adjustment considered an application from the developer - Knoxville Economic Development Corporation (KEDC) - requesting three variances in order to subdivide the property at 501 S. Sixth Street into two lots, thereby permitting individual ownership of each dwelling unit within the duplex currently being built. See attached application and staff report. The Board denied the application for variances by a 3-0 vote noting the hardship was created by the actions of the applicant. In advance of the Board of Adjustment meeting, staff presented the attached report – City Council Letter – December 19, 2022 – to City Council on December 19, 2022 highlighting the City’s lack of regulations for subdividing duplex and rowhouse dwellings and asking for direction on preparing a zoning code amendment to address it. City Council unanimously approved a motion instructing staff to initiate the amendment process with the Planning & Zoning Commission. PROPOSED AMENDMENTS: Many communities, nationally and locally, have requirements allowing for the units within a duplex and/or rowhouse to be located on individual lots to accommodate their sale to separate owners without necessitating the need to pursue zoning variances in order to do so. Staff confirmed Indianola, Oskaloosa, and Pella have such requirements in place. Pursuant to the City Council’s directive, staff prepared the attached outline – Zero Lot Line Subdivisions for Single Family Attached Dwellings – that identifies what revisions are necessary to the zoning code. A summary follows: 1) As noted in the above table, only “Two-Family Dwellings” are permitted uses in the R-2 and R-3 districts. Two-Family Dwellings are intended to be built on the same lot. • Recommendation – Retain Two-Family Dwellings as permitted uses in the R-2 and R-3 districts as a housing type where the sale of units is not intended. (E.g. conversion of one-family dwellings into two-family dwellings) 2) The zoning code does not list “Single-Family Attached Dwellings” as permitted uses in any of the residential districts, despite having a definition (above) for this housing type. 3  • Recommendation – Add Single-Family Attached Dwellings as permitted uses in the R-2 and R-3 districts allowing for ownership of individual units on individual lots. 3) The zoning code requires side yard setbacks (7’ for two-family & 11’ for multiple-family), which does not accommodate duplexes and rowhouses on individual lots that, by design, require a zero-foot setback from the common (shared) lot line(s). • Recommendation – Add a zero-foot setback from common lot lines for attached residential structures only. • Recommendation – Add definition for Zero Lot Line Development. 4) The zoning code lacks minimum dimensions for duplex and rowhouse dwelling units. • Recommendation – Add minimum dimensions per unit as follows:  Interior Unit – 18 feet in width and 1,800 square feet  End Unit – 25 feet in width and 2,500 square feet  Define Interior Unit and End Unit 5) The zoning code lacks a defined process for subdividing duplex and rowhouse dwellings. • Recommendation – Add an administrative process whereby the Planning & Zoning Administrator has the authority to approve subdivisions of duplex and rowhouse units pending the following:  The building conforms to the zoning code bulk regulations for the district;  The dwelling units conform to the minimum dimensions for width and area for interior and/or end units;  A plat is provided showing the as-built location of the duplex or rowhouse structure with each dwelling unit located exclusively on one lot, except for the party wall that bisects the lot line;  An executed party wall agreement (see attached example) for each dwelling unit is provided;  Each dwelling unit provides direct access at grade to the street; and  Each dwelling unit meets the minimum off-street parking requirements (2 spaces per unit). ATTACHMENTS: • Board of Adjustment Application Packet - 501 S. Sixth Street – December 21, 2022 • Council Letter – December 19, 2022 • Zero Lot Line Subdivisions for Single Family Attached Dwellings • Declaration of Restrictions and Maintenance Agreement for Split Duplex Use (Sample) 4  BOARD OF ADJUSTMENT STAFF REPORT DECEMBER 21, 2022 501 E. SIXTH STREET – VARIANCES SUMMARY CASE NUMBER: BOA-22-008 PREPARED BY: Nathan Parch, Planning & Zoning Administrator MEETING DATE: December 21, 2022 – Board of Adjustment REQUEST: Consider Variances to Lot Width, Lot Area, and Side Yard for Duplex at 501 S. Sixth Street (Lot 9 of the East Elementary Subdivision) PURPOSE: Subdivide Duplex in order to Sell Units Separately SUMMARY OF REQUEST: The City’s zoning code allows for multi-unit housing types such as duplexes and rowhouses to be built on a single lot pending the minimum lot area and lot width requirements and building setbacks of the district are met. However, the code currently lacks specific regulations to accommodate individual ownership of the dwelling units. Therefore, if someone lawfully builds a duplex in the R-2 or R-3 districts they own the entire building (both units) as shown in the below example. Many communities allow for the units within a duplex and/or rowhouse to be located on individual lots. This is typically permitted through specific regulations for each unit (versus each building) regarding lot area, lot width, and internal side yards of zero feet. See below example. In the absence of such requirements, the only option is to pursue a variance through the Board of Adjustment in order to subdivide duplex and rowhouse dwellings to accommodate their sale to separate owners. This came to light recently with the duplex under construction at 501 S. Sixth Street (further information is below). The duplex structure is located on a single lot, however the developer intends to sell each unit separately. Staff provided an update to City Council on December 19, 2022 regarding the City’s lack of regulations in this area - see attached Council Letter. City Council has since instructed staff to prepare an amendment to the zoning code to better accommodate such divisions. City Council also acknowledged that the subdivision of 501 E. Sixth Street would have to be addressed by the Board of Adjustment in the interim. Therefore, at this time Knoxville Economic Development Corporation (KEDC), requests three variances in order to subdivide the property at 501 S. Sixth Street (Lot 9) into two lots, thereby permitting individual ownership of each dwelling unit within the duplex currently being developed. Dimensions for Lot 9 are 100’x150’ totaling 15,000 square feet in area. The lot division will follow the centerline of the duplex structure resulting in Parcel A being 66.34’x150’ totaling 9,951 square feet and Parcel B being 33.66’x150’ totaling 5,049 square feet. There is an existing 30-foot-wide public utility easement located on Parcel A, which is why Parcel A is larger than Parcel B. A plat of survey has been prepared by Garden & Associates, dated September 12, 2022, showing the subject property, the current building foundation, and the proposed division into Parcel A and B. This request necessitates the following variances: 1) Lot Width (Zoning Code Section 9-6B-5(B)) – The applicant requests the lot width be reduced from 75 feet to 66.34 feet for Parcel A and 33.66 feet for Parcel B. 2) Lot Area (Zoning Code Section 9-6B-5(A)) – The applicant requests the lot area be reduced from 7,200 square feet to 5,049 square feet for Parcel B only. 3) Side Yard (Zoning Code Section 9-6B-5(D) – The applicant requests the side yards adjacent to the proposed property center line be reduced from 7 feet to 0 feet. 2 Surrounding zoning and land use classifications are: Zoning Land Use Subject R-2, One- and Two-Family Residential (yellow) Duplex under construction Property 501 S. Sixth Street North R-2, One- and Two-Family Residential (yellow) Single-family homes & vacant lots for development South R-2, One- and Two-Family Residential (yellow) East School Park & single-family homes East R-2, One- and Two-Family Residential (yellow) Vacant lots for development West R-2, One- and Two-Family Residential (yellow) Single-family homes R-3, Multi-Family Residential (gold) Apartment building Knoxville Zoning Map, 11/4/15 ANALYSIS OF REQUEST: 1) A variance from the Zoning Code shall not be granted by the board unless and until a written application for a variance is submitted demonstrating the following: a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district; o The property has a 30-foot-wide public easement on its north side. o The duplex building meets the R-2 zoning requirements and bulk regulations. o In order to divide the parcel into two lots for individual ownership certain relaxations are necessary. b) That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title; o The zoning code allows duplex and rowhouse dwellings as permitted uses in its residential districts, but lacks specific regulations to allow division of units for owner occupancy. 3  o The property is zoned R-2 which has the following stated intent: “This district is intended to provide for medium density residential development, characterized by single-family dwellings on moderately-sized lots along with low density multi-unit residential structures such as duplexes and townhouses. It provides regulations to encourage innovative forms of housing development. It adapts to both established and developing neighborhoods, as well as transitions between single-family and multi-family areas. Its regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure.” c) That the hardship has not been created by the actions of the applicant. o The public easement is a longstanding feature of the former school yard. o A duplex dwelling is a permitted use in the R-2 district. o The zoning code does not define clearly a process by which city staff may approve the division of a duplex lot to allow for separate ownership; Board of Adjustment review is required. 2) The board shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. 3) The board shall make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. PROCESS: Notice of the public hearing appeared in the Marion County Express on December 16, 2022. Additionally, owners of properties within 200 feet of the subject site were notified by mail. ACTION: The Board of Adjustment may choose one of the following four actions: 1. Approve the variance as presented (Staff Recommendation) 2. Approve the variance with conditions 3. Deny the variance 4. Table the meeting if more information is required 4  ATTACHMENTS: 1) Location Map 5 2) East Elementary Subdivision Plat 6 3) 501 S. Sixth Street (Lot 9) Dimensions 7 4) 501 S. Sixth Street (Lot 9) Photos 8 9  1 Council Letter City of Knoxville December 19, 2022 Agenda Item: Subdivision of Duplex and Row House Projects and the Zoning Code Background: The City of Knoxville’s Zoning Code does not specifically address the question of subdividing duplex and rowhouse dwellings to accommodate their sale to separate owners. As it currently stands, any such division must be brought forward to the Board of Adjustment for consideration. While this may have been sufficient in a period when Knoxville had few duplex or rowhouse projects; as the number of such projects increases it would be prudent to amend the Zoning Code to allow the Planning & Zoning Commission to review such applications, instead of the Board of Adjustment. Duplex and rowhouses provide a cost-efficient ownership alternative to single family homes. Over the years, such projects have been built throughout North America. Their appeal to prospective purchasers has both economic and lifestyle dimensions. Knoxville has not seen this form of development proliferate, which explains in part why there has been no pressing need to update the Zoning Code. Now with the development of the first duplex in East Village, and the expected development of both duplexes and rowhouses in the Veterans District, there is a need to initiate this change. The case of 501 6th Street in East Village provides an example. This is a 100’ wide lot that is zoned R-2. It and another as yet undeveloped lot, at 500 7th Street, are to be built as duplexes. The duplex at 501 6th Street is nearing completion and the developer, KEDC, must subdivide the lot to legally separate the dwelling units in order to sell them. The East Village subdivision was approved by City Council and the duplex building received a building permit because it met the R-2 rules. When KEDC applies for subdivision of the duplex parcel, however, neither of the individual units will meet the R-2 rules. For example, there will be no side yards between the units and in the case of the south unit, the proposed lot will be less than the R-2 minimum lot area and width. KEDC is applying to the Board of Adjustment for a variance to subdivide 501 6th Street. Without the variance, the units may not be sold separately.  2 Board of Adjustment review of such variance applications as a standard practice can act as a disincentive to prospective developers, as the outcome would be perceived as less certain than a standard review by the Planning & Zoning Commission. This is particularly the case given that: (1) A hardship must be demonstrated by the applicant in order to receive approval from the Board of Adjustment for variance. Cases for hardship need to be related to the physical aspects of the property, and may not be personal or financial; (2) The criteria included in the Zoning Code to guide the Board of Adjustment on variances relate to special conditions and unique circumstances with the land, structure, or building. Such conditions are not always present and at times may be difficult to demonstrate; and (3) Survey and subdivision of such lots generally occurs after the foundations are laid to avoid foundation siting errors that would lead to encroachments. City Council in its Comprehensive Plan and the Veterans District Land Use Strategy has clearly expressed the need to promote a range of housing choices, including owner-occupied duplexes and rowhouses. Comprehensive Plan Housing Goals and Objectives include the following: Goal: To promote a range of housing choices… Policies: • Promote entry level and young family housing opportunities. • Encourage the development of housing choices to fit retirees and the elderly and develop ‘move-up’ opportunities (e.g., townhouse/condo with low maintenance). • Support the development of a variety of multi-family housing types. • Ensure that Knoxville provides diverse housing type options in relation to lot size, price point, density, and the type of residential development. Under Land Use & Growth Management, the Comprehensive Plan also has a policy to: • Update city ordinances and subdivision regulations to accommodate development in both the originally platted areas of town as well as more recently developed areas.  3 The Veterans District Land Use Strategy, also approved by City Council, identifies organizing principles for the District, which include providing for: • A wide range of housing types, appealing to a diversity of households and household incomes… The proposed amendment to the Zoning Code would assign subdivision review of detached dwelling units to the Planning and Zoning Commission. It would also provide a set of guidelines for that review which would include but not be limited to the following: • Ensuring that the individual lots and their respective units conform to a set of minimum standards with respect to lot size; • Ensuring that each of the dwelling units that would form separate lots have entrances located at grade that face the street; and • Ensuring the individual lots and their dwelling units meet the minimum parking requirements. Preparation of the amendment to the Zoning Code can be undertaken by City Staff and reviewed by the Planning & Zoning Commission prior to proceeding to Council. Policy Question: Should City Council instruct Staff to prepare an amendment to the Zoning Code to better accommodate the division of duplex and row house lots for separate owner occupancy? Budget Impact: None. This work would be completed in-house by the Planning and Economic Development Directors. Recommendations: It is recommended that: 1. City Council instruct Staff to prepare an amendment to the Zoning Code to better accommodate the subdivision of duplex and row house lots for separate owner occupancy; and 2. City Council acknowledge that the subdivision of 501 6th Street in East Village will be addressed by the Board of Adjustment. Supporting Documents: None Zero Lot Line Subdivisions for Single Family Attached Dwellings The following conditions must be met to be granted a Zero Lot Line Subdivision: 1. The building, which contains multiple units, must conform the Zoning Code bulk requirements for the District that it is located in. 2. Each dwelling unit must be located exclusively on one lot, except for a party wall which is bisected by the lot line. 3. Each dwelling unit must have a party wall agreement or other appropriate covenant which provides for the perpetual maintenance of the party wall and reconstruction of the building in the event of fire or casualty to the satisfaction of the Planning & Zoning Administrator; 4. Each dwelling unit must provide direct access at grade to the street. 5. Each dwelling unit must meet the minimum parking requirements, which may include tandem parking arrangements. 6. Each dwelling unit must be: a) a minimum of 18 feet in width and have a minimum of 1800 SF per unit for interior units; and b) A minimum of 25 feet in width and have a minimum of 2500 SF per unit for end units. Definitions Required: Zero Lot Line Development End Unit and Interior Unit? Additions to Zoning Districts R-2 and R-3 Add the Following Uses Single Family Dwelling, attached Zero Lot Line Development Location Options for the ZLL Rules a) We could just repeat them in both R-2 and R-3 b) We could write a separate sub-section and add it either to the Subdivision Rules or the General Rules and then add a reference to the subsection in both districts. In terms of the use tables: Zero Lot Line Development refers to the subdivision of the larger parcel to accommodate the individual parcels. Single Family Dwelling, Attached refers to individual units Doing the math: East Village The Existing R-2 Rules were applied to the duplex building. The individual units, however, would require a minimum 25’ lot width (18’ + 7’ side yard) and a minimum of 1800 SF per unit In this case the minimum lot widths would be about 63 and 36’, and the lot sizes much greater than the minimum Doing the math – VA (3-unit Row House on 100’ lot) The Existing PUD (R-2*) rules would apply to the row house building. The end units would require a 25’ lot width and a 2500 SF lot size. The interior unit would require an 18’ lot width and an 1800 SF lot size. In the VA case, with 18’ wide units (they could be larger) The two end units would be 41’ wide and the interior unit 18’ wide The two end units would have a lot area of 4,510 SF, and the interior unit 1,980 SF, Standard Row House Widths 18’ for a two-bedroom townhouse 24’ for a three-bedroom townhouse.  Declaration of Restrictions and Maintenance Agreement for Split Duplex Use WHEREAS the undersigned Owner holds the fee simple title to the land in Marion County, Iowa herein described in Exhibit “A” attached hereto, and hereinafter called the “Property”. WHEREAS, __________________ authorizes the subdivision of R2 (Two Family Residential) lots for fee simple duplex splits, and WHEREAS, __________________ requires that a recordable document to be filed to assure that the structures and grounds are maintained in a satisfactory manner without expense to the general taxpayer of Marion County. WHEREAS, ____________________________________ NOW THEREFORE, in order to assure Marion County that the representations made by the Owner will be abided by, the Owner hereby makes the following Declaration of Restrictions covering and running with the property; 1. The conditions and limitations imposed herein shall be deemed covenants running with the land and running with each residential unit for the benefit of, and as a limitation and burden upon, each residential unit and upon their successors and assigns and upon all future owners of the residential units who will be subject thereto in all respects as though the conditions and limitations imposed herein had been specifically included in the deed transferring title to the property and made a part hereof. 2. General Rules of Law. Each wall, roof, fence, plumbing or sewer, or other structure, which is part of an adjoining residential unit and placed on the dividing boundary line between them, shall constitute and be referred to as a “Party Wall” or “Party Roof” or “Party Structure”, and the general rules of law regarding party walls, party roofs, or party structures, and liability for property damage due to negligence or willful acts, or omissions, with respect thereto shall apply. 3. Sharing of Repairs and Maintenance. The cost of reasonable repair and maintenance of a Party Wall, Party Roof, or Party Structure, shall be shared equally by the Owners of the Structures of which such Party Wall, Party Roof, or Party Structure, or other structures of which such Party Wall, Party Roof or Party Structure, or other structures are a part. 1 4. Destruction by Fire or Other Casualty. If a Party Wall, Party Roof, or other Party Structure is destroyed or damaged by fire, termite infestation or other casualty, the owner of either unit of which such Party Wall, Party Roof or other structure is a part, may restore it to its former condition, and, in that event, the parties sharing the structure shall contribute equally to the expense of such restoration. 5. Right to Contribution. The right of any Owners to contribute for the cost and expenses in the repair, maintenance and/or restoration of any Party Wall, Party Roof or Party Structure, or other structure, shall be appurtenant to the land and shall pass to such owner’s successors in title. 6. Exterior Coloration, In order to maintain uniformity, the entire exterior of the two (2) residential units have been painted the same color. The aesthetics of the continuation of a common color for the entire exterior premises, applied in a uniform fashion, is in the best interests of the owners of the residential units. Therefore, in the event both the owners of the two (2) residential units agree to a uniform change of exterior coloration, then, in that event, the entire exterior premises color would be changed to a new exterior paint color. However, in the event that both the residential owners cannot agree as to an exterior coloration change, then, the existing coloration shall remain. It is further acknowledged that the cost of exterior painting and trim would be borne Fifty Percent (50%) by each of the residential unit owners. 7. Maintenance of Structure and Grounds. The Owner of each of the residential units shall be responsible for maintenance of the parking areas, walls, fences, landscaping, the structure owned and grounds upon which the structure is located, in good condition and consistent with the neighborhood surrounding the structure. 8. Easements. The Owner of each of the residential units sharing a Party Wall, Party Roof, Party Structure, common plumbing, sewer line, or other structure or facility, shall have an easement to enter upon such adjacent property in a reasonable manner and a reasonable time for the purposes if repairing, painting and/or maintaining the Party Wall, Party Roof, Party Structure, plumbing or sewer line or other structure. Further, to the extent that a Party Wall, Party Roof or Party Structure shall be deemed to be an encroachment from one residential unit to another by reason of error in location due to settlement and/or error in restoration thereof, there is hereby created to the extent of and to support such encroachment a perpetual easement in favor of the residential unit from which the encroachment exists and to be for the purposes of maintenance and support of each encroachment. 9. Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the Land and may be recorded in the public records of Marion County, Iowa and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as 2 the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon all present and future owners of the real property and for the public welfare. 10. Modification, Amendment, Release. This Declaration may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed and registered in the Public Records of Marion County, Iowa, by the then owner(s) of the property, including joinders of all mortgagees and lienholders, if any. 11. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant set forth in this Declaration. Any violation of this Declaration shall subject the unit owners to joint and several liability. The prevailing party in any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services or his/her/its attorney. This enforcement provision shall be in addition to any other available at law, in equity or both. 12. Mediation and Litigation. If a disagreement or dispute arises from this Declaration or any violation thereof by the Owner(s) of the subject property, the Owner(s) shall have the right to request mediation of the dispute or disagreement by a mediator mutually agreed upon by both Owners, The mediation shall take place within Sixty (60) days of written notice of disagreement or dispute by one owner to the other. In the event any matter regarding this Declaration is litigated, the prevailing party shall be entitled to recover his/her/their reasonable attorney’s fees expended plus court costs. 13. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same 14. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Knoxville, Iowa and inspections made and approval of occupancy given by the City of Knoxville, Iowa, then such construction inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. 15. Severability. Invalidation of any one of this covenants by judgment of the Court in no way shall affect any of the other provisions which shall remain in full force and effect. 16. Recording. This Declaration shall be filed of record in the Public Records of Marion County. [Execution pages follow] 3