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Alpine City Zoning Code

3.18 Senior Housing Overlay

Zone

3.18.010 Findings

The City Council of Alpine hereby finds that Senior Housing is a necessary component of a well-rounded and sustainable community. Further, the City Council of Alpine hereby finds that current demographic trends indicate a substantial increase in the aging population and the City deems it necessary and desirable to address such trends by providing proper housing to give seniors the opportunity to socialize with one another and engage in minimal or no individual yard care by providing for development of planned units with professional maintenance of common areas in a park-like setting. Carefully planned developments shall enhance the beauty of Alpine.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

3.18.020 Definitions

Elderly/Senior: Housing that meets the Fair Housing Act definition of housing for older persons including housing specifically designed for and occupied by elder persons under a federal, state, or local government program; or housing that is occupied solely by persons who are 62 or older; or housing that has at least one person who is 55 or older in at least 80 percent of the occupied units and adheres to a policy that demonstrates intent to house persons who are 55 or older.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

3.18.030 Purpose

The purpose of the Senior Housing Overlay Zone is to promote the public health, safety and welfare by allowing increased land use flexibility through specialized zoning techniques to assure that Senior Citizens can continue to contribute to the community without having heavy yard care maintenance and without ignoring legitimate concerns regarding impacts on surrounding residential areas.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

3.18.040 Overlay Zone Created

To further the purposes stated herein, there is hereby established a Senior Housing Overlay Zone within Alpine City in the Business Commercial Zone. In considering a request to rezone a parcel as a Senior Housing Overlay Zone, the Planning Commission and City Council shall consider the following:

  1. The harmony and compliance of the proposed location of the overlay zone with the objectives and requirements of the City General Plan and Zoning Ordinances;
  2. Whether or not the application of the Overlay Zone may be injurious to potential or existing development within the vicinity;
  3. The current development or lack of development adjacent to the proposed location and the harmony of the proposed location with the existing uses in the neighborhood;
  4. The proposed location is in proximity to the major arterial or collector streets;
  5. The compatibility of the proposed location of the overlay zone with the density analysis of the underlying zone and neighboring development;
  6. The economic impact of the proposed facility or use on the surrounding area;
  7. A demonstrable need for Senior Housing in the area of the proposed location.
  8. It shall be the City Council’s sole discretion to decide if a project should be a Senior Housing Overlay within the intent of the ordinance as noted above.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

3.18.050 Uses

The following uses shall be permitted in the Senior Housing Overlay Zone containing one or a combination of both:

  1. Single or attached dwellings (no more than two attached) intended to be used as Senior Housing as defined herein by older or elderly persons and excluding families with children under the age of 18 living with parents or legal custodians
  2. Home Occupations shall be permitted.
  3. Accessory apartments will not be permitted in the Senior Housing Overlay Zone.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

3.18.060 Underlying Zone Development Standards And Regulations

All uses within the Senior Housing Overlay Zone shall be conducted within buildings which conform to the requirements of the underlying zone.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

3.18.070 Overlay Zone Development Standards And Regulations

The following development standards and regulations shall apply to all developments within the Senior Housing Overlay Zone.

  1. Parking for the Senior Housing Overlay Zone will a minimum of 2 parking spaces per dwelling; additional parking will be determined by specific review by the Planning Commission.
  2. Setback shall be 30 feet in the front along a public street. The rear and side yard setbacks adjacent to residential property shall be 20 feet.
  3. Private travel ways shall provide safe and convenient vehicular movement to and from all off- street parking spaces. Private travel ways shall not be less than 20 feet width of asphalt.
  4. Minimum acreage for a Senior Housing Project shall be two (2) acres and the maximum project area shall be six (6) acres and 32 units. The Planning Commission may recommend and the City Council may approve an exception to the maximum project size, not to exceed ten (10) acres.
  5. The maximum dwelling units per developed acre shall be 8 (per acre).
  6. Professional Maintenance must be provided.
  7. Restrictive Covenants. The developer of a development within the Senior Housing Overlay Zone shall be required to establish restrictive covenants to limit occupancy to elderly persons and to carry out the conditions of the permitted uses and to assure that the uses approved for the development will be maintained. In addition the covenants must also include professional maintenance for the development. Such covenants shall be recorded to run with the land to insure against conversion to less desirable land uses. The City shall be party to the restrictive covenants and shall be able to enforce the restrictive covenants if necessary. The restrictive covenants cannot be changed or modified without the permission of the City.
  8. Architectural Character. The Planning Commission may, during the process of Site Plan Review, request the use of an architectural style, exterior color or material that would be most compatible with the purpose of the underlying zone district, assure greater compatibility with surrounding development, or create an aesthetically pleasing visual theme for the project. In the Gateway-Historic Zone the Architectural Guidelines shall be followed.
  9. Landscaping. Adequate landscaping shall be designed. in conformance with DCA 3.13 Landscaping shall be of the same general character or better as yards in the neighborhood. Not less than 30% of the project shall be landscaped for the use and benefit of the residents. Land proposed to be used for parking, pedestrian walkways, and driveways shall not be included in meeting this landscaping requirement. A complete landscaping plan in conformance with DCA 3.13 shall be provided at the time of preliminary review of the project showing a minimum of (2) trees with a caliper of 2 inches and (10) one-gallon shrubs per dwelling unit.
  10. Utilities
    1. Culinary Water. Each dwelling unit shall be serviced by the City’s water system. The City may require individual water connections and meters for each unit or at their discretion authorize the use of oversize connections and a master meter for the project. Each unit shall be equipped with an easily accessible cutoff valve.
    2. Sewer. Each unit shall be connected to the city sewer system either by an individual or common lateral, whichever the city determines applicable.
    3. Utilities to be underground. All utility systems shall be placed underground.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

HISTORY
Amended by Ord. 2023-06 on 3/14/2023

3.18.080 Compliance With Subdivision Procedure

All proposed development within the Senior Housing Overlay Zone shall be reviewed and approved in accordance with Alpine City's Subdivision Ordinance and with the following additions for concept approval (Ord. 2004-13, 9/28/04; Ord. 2016-11, 06/14/16):

  1. Once the Planning Commission has given a recommendation of the applicant’s concept plan and the proposed zone change, the concept plan and zone change will be forwarded to the City Council for approval. After the City Council approves the concept plan the applicant will continue the planning process in accordance with the Alpine City’s Subdivision Ordinance. The City Council shall continue to move forward with the applicable zone change. The actual zone change will coincide with City Council’s approval of the final plat.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

3.18.090 Compliance With Overlay Zone

All proposed development within the Senior Housing Overlay Zone shall go through the Zone Change process to have the property zoned for the Senior Housing Overlay Zone. Planning Commission will review the proposed zone change along with the concept plan and send a recommendation to the City Council.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

3.18.100 Developer's Agreement

All developments in Senior Housing Overlay Zone shall have a developer’s agreement outlining the terms and conditions of approval.

(Ord. No. 2003-11/10-14-03, Ord. No. 2008-02/3- 11-08; Ord. No. 2016-11, 06/14/16)

2023-06