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AD Overlay District Text Amendment 3 October 1, 2002 2. Upgrades to water and sewer service lines. The Planning Department consulted the Department of Public Works to better understand this issue. According to Public Works, the code authorizes upgrades to the water and sewer lines only if a new tap to the main is requested. This is why under new construction; the recommended size of line can be required. In this type of development, a zoning lot has an existing line established to the main. If a new line were requested, Public Works would have the authority to require upgrades and shut off the existing main. Two lines of service from the main are not allowed to one property due to the potential for cross-connections. Cross-connections could lead to contamination of the public water system. Public Works does not have the authority to conduct inspections or tag properties. Planning Commission Action of 09.09.02: Approve Accessory Dwelling Overlay Text Amendment The Planning Commission recommended approval of the Accessory Dwelling Overlay Text Amendment with changes to the draft language. In addition, Planning Commission requested that staff consider the following: 1. Afive (5) - year sunset clause on the text amendment. The Planning staff, in consultation with the City Attorney's Office, detern1ined that a sunset clause is subject to challenge. First, there is a prescribed process to amend or repeal text within the Zoning Code and state law. The process requires notification and a public hearing. An automatic repeal of the overlay could be subject to challenge based on the lack of due process. Further, an automatic repeal would lead to the creation of nonconforming uses without consideration given to their number or location. The Planning Department recommends that a sunset clause not be added to the overlay district. 2. A defined process for which additional areas of the city may establish boundaries for the AD Overlay. Although not necessary to add to the text, language from 551.50 describes the current process for such action: Eligible areas outside of established boundaries. The city council may designate areas outside of the established boundaries in the manner provided for zoning amendments in Chapter 525, Administration and Enforcement. The Planning Department recommends the use of the current process, listed above, if and when additional boundaries for the overlay are to be considered for establishment 3