Proposal to rezone single- and two-family planned developments aims to simplify permits for homeowners

Zoning staff presented a proactive rezoning project to the Plan Commission on March 31 that would convert single- and two-family planned-development (PD) parcels on fee-simple lots to conventional zoning districts, arguing the change would streamline permitting and reduce customer-service delays for homeowners.

Katie Banna, the zoning administrator, told the commission PDs are a legacy tool that can freeze property rules in place and often require staff and applicants to consult lengthy, idiosyncratic zoning text or private architectural-review boards. "It's a very different experience when you're a plan development property owner," Banna said, describing situations where a homeowner seeking a small change must hunt through hundreds of pages or seek approvals from private review boards unclear to city staff.

What staff propose: the project would identify PDs that are on individual fee-simple lots and map them to the conventional zone that best matches existing setbacks and lot characteristics, with the aim of minimizing nonconformities. Staff estimated approximately 4,000 properties may be in scope and said some PDs could be split into multiple conventional districts when necessary.

Covenants and enforcement: staff repeatedly clarified that rezoning would not eliminate or alter private covenants or homeowners-association rules; enforcement of covenants remains a private matter. "Private covenants are not anything that the city's a party of," a staff member said, adding that covenants can still be enforced by the parties to those agreements even after a zoning change.

Outreach and process: staff outlined early public engagement steps: proactive postcards to owners and adjacent neighbors before formal notices, ad-hoc meetings by request, alder briefings, and one-on-one staff assistance so homeowners understand how a rezoning would affect their parcel. Staff said the work would be advanced as a single map amendment (a large map-based ordinance) with Plan Commission recommendation and common council decisions later in the process.

Technical details and variances: staff explained that existing lawful nonconforming conditions would remain lawful; property owners would only need a variance if they sought an alteration that increased or extended a nonconformity. Staff said the zoning code already contains tools to minimize unnecessary variances.

Next steps: staff will continue alder outreach, publish a PD-reszoning web page, mail proactive information to affected owners and hold public meetings in May ahead of plan commission and council hearings in June and later, subject to schedule changes and public feedback.