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HomeMy WebLinkAbout2010 10 25 Public Hearing 500 Second Reading Ordinance 2010-08 Amending Code Accessory Dewlling Units COMMISSION AGENDA ITEM 500 Consent ootion Public Hearin X Re : lar October 25, 2010 Meeting 1 Mgr. / De REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for Second Reading of Revised Ordinance 2010 -08, amending the Code to allow Accessory Dwelling Units (ADUs) as a Conditional Use in single family zoning districts subject to certain criteria. SYNOPSIS: The Comprehensive Plan in Future Land Use Element Policy 1.1.6; and Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, directs that Accessory Dwelling Units (ADUs) may be allowed as a conditional use in single family dwelling zoning districts, subject to strict design compatibility standards. This ordinance provides the enabling language and criteria for the allowance of ADUs. CONSIDERATIONS: APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Section 2 (b), Article VIII, of the State Constitution. Sec. 163.3194, Florida Statutes- Legal Status of Comprehensive Plan Sec. 163.3201, Florida Statutes- Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority Sec. 166.041, Florida Statutes- Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, Chapter 20. Winter Springs Comprehensive Plan- The Comprehensive Plan directs that ADUs may be allowed as a conditional use (subject to strict design compatibility guidelines), within single family dwelling zoning districts. [See Future Land Use Element Policy 1.1.6; and Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7.] BACKGROUND DATA Increasingly, the City is having inquiries from individuals who wish to expand their residence to accommodate an elderly relative. Accessory Dwelling Units (referred to as ADUs), provide an economical, semi - independent living housing solution for an elderly relative or other individual, without the investment in additional land or public infrastructure. October 25, 2010 PUBLIC HEARING AGENDA ITEM 500 Page 2 An ADU is an additional, self - contained dwelling on the same lot or parcel as an existing residence. It may be built within a pre - existing structure but sometimes is an addition to the structure or is a separate stand alone structure. ADUs require no additional land or governmental funding. According to the Atlanta Regional Commission Land Use Coordinating Committee Envision 6 Report, "ADUs increase the amount of affordable housing options for individuals that otherwise might not be able to live in a particular community." The U.S. Department of Housing and Urban Development also considers ADUs as an affordable housing option for many low- and moderate - income residents. Because ADUs use existing infrastructure (e.g., water, sewer, utilities, landscaping), they are cheaper to build than ordinary housing, but increase a property owner's investment and future return. Currently the code will allow expansion of the principal structure, but will not allow that expansion to include independent living facilities, most notably a kitchen. This amendment will allow for a second independent dwelling unit, which is ancillary to the principal structure, to be placed on the lot or parcel, subject to the identified criteria and scrutiny of the conditional use process. The criteria includes size, placement on the lot or parcel, height, and architectural compatibility. The ADU is subject to the same setback requirements as the principal dwelling. ADUs are true life -cycle housing, supporting flexibility and family stability over time. The extra income from secondary units can help make mortgage payments possible for new homeowners. It can give housing to childcare or in -home health care workers. It can supply extra income when the economic shifts of divorce, untimely death, or illness intervene. And an ADU can offer safe, semi independent, and inexpensive housing for elderly or disabled relatives, as well as returning adult children. Currently, ADUs are not allowed anywhere in the City except in the Town Center. Allowing homeowners to add an ADU to their property is one of the most promising strategies the City has for increasing the geographic dispersal and supply of transitional independent housing within the City. The design compatibility standards associated with the granting of a conditional use permit will assure that the appearance and quality of an existing neighborhood is not negatively impacted. As with all conditional use approvals, if a building permit has not been issued within two years, it becomes null and void. SUMMARY OF PROPOSED CODE CHANGES 1. A definition for Accessory Dwelling Units has been added to the Zoning Code (Sec. 20 -1). 2. Accessory dwelling units have been added as a Conditional Use within single family dwelling districts as directed by the Comprehensive Plan. Accessory dwelling units have been added as a Conditional Use in Chapter 20 under the R -C 1; R -1 AAA, R -1 AA; R -1 A; R -1; R -3; and PUD zoning districts. ADUs are already allowed as a permitted use in the Town Center and therefore are not subject to these requirements. 3. The ADU will be required to replicate the design of the principal dwelling by use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The design is subject to the Minimum Community Appearance and Aesthetic Review Standards to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.). October 25, 2010 PUBLIC HEARING AGENDA ITEM 500 Page 3 4. In addition to these design compatibility guidelines already included in the Code, specific criteria pertaining to Accessory Dwelling Units has been added to Chapter 6. Buildings and Building Regulations (Sec. 6 -88). These include: a. An ADU can only be added if a single family dwelling currently exists or if it will be constructed in conjunction with the ADU. b. Only one ADU will be allowed per lot or parcel. c. The ADU has to meet the front, side and rear yard regulations and building height regulations for the zoning district in which it is located. d. A minimum of one (1) parking space shall be provided on -site for the ADU, in addition to the required off - street parking regulations for the principal residence. e. The ADU cannot be sold as a separate property. f. A minimum principal residence size of 1350 SF is required. g. A minimum lot size of 5000 SF will be required. h. The minimum size for an ADU will be 400 SF; however, the ADU cannot be more than 30 percent of the principal residence or 800 square feet, whichever is less. . i. Privacy and screening of adjacent properties will be of the utmost importance in the orientation of the ADU. 5. Accessory Dwelling Units will be exempted from impact fees in order to encourage property owners to pursue investing in an ADU (see Housing Element Policy 1.3.13). However, a utility connection fee and stormwater fee will be charged if a separate meter is requested. 6. The approval of an ADU will be subject to the Conditional Use process described in Sec. 20 -33. The conditional use /aesthetic review approval will include a Public Hearing which will be noticed to all property owners within one hundred fifty (150) feet of the subject property requesting the ADU. An ADU will not be approved, if prohibited by the declarations, covenants, conditions and restrictions of a homeowner's association. The City Commission may impose reasonable conditions to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan (see Sec. 20 -27). 7. Before obtaining a building permit for an accessory dwelling unit with a conditional use approval, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: a. The ADU shall not be sold separately. b. The ADU is restricted to the approved size. c. The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for code enforcement and/or revoking the conditional use permit. d. The deed restrictions shall only be removed with the consent of the city, but shall lapse upon removal of the accessory unit. October 25, 2010 PUBLIC HEARING AGENDA ITEM 500 Page 4 FISCAL IMPACT: Improvements that are installed on existing residential properties typically result in an increase to the taxable value of the property. In this case, the value lies primarily in the property owner upgrading his investment. COMMUNICATION EFFORTS: Agenda Items are posted in City Hall and posted on City's Website. Additionally: Aug. 22, 2010 - Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing Sept. 1, 2010- Public Hearing before the Local Planning Agency Oct. 3, 2010- Public Noticing in the Orlando Sentinel of 1 Reading Public Hearing Oct. 11, 2010- 1st Reading of Ordinance 2010 -08 before the City Commission Oct. 17, 2010- Public Noticing in Orlando Sentinel of 2 Reading/Adoption Public Hearing Oct. 25, 2010- City Commission Public Hearing for 2nd Reading/Adoption of Ordinance 2010 -08 RECOMMENDATIONS: P &Z/LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the P &Z/Local Planning Agency Board held on September 1, 2010, the Board voted 4to 1 (four in favor, one in opposition) to recommend approval of Ordinance 2010 -08, amending the Code to allow Accessory Dwelling Units (ADUs) as a Conditional Use in single family zoning districts subject to certain criteria. The board member in opposition felt that the addition of any ADU's into single family zoning districts undermined the intent of the single family zoning district. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading of Revised Ordinance 2010 -08, make any corrections deemed necessary, and Adopt the Ordinance. ATTACHMENTS: A- Noticing in Orlando Sentinel B- P &Z Minutes C- Ordinance 2010 -08 • lk SUNDAY, AUGUST 22, 2010 • D2 Orlando Sentinel L�ga lNobi c e s • ADVnTISENIEAT FOR DID RIODS SgEET"FORTH ABOVE NY C ■ ∎ +..1 r; ;Tit; • . Ti NOTICE OF A C REAMS IfNf'iH OF THE ►RNFH �Up1• • The To Wafer Authority Is seeking CO' t{ '. I. ' *T RISK CLAIM FILED TWO () y Art oR 1 :'`t' CfAt il FOD OIIANOE Ca11NT1'. h�pp ty g Ps H •• . •L MORE AFTER THE D E C DENT'S f T Valve Adjustment Board (VAB) DA sealed has for the following: IFB 10- • 21i E . •f` DATE.OF DEATH -IS BA 0.., I . t • on Will Cduct Itss Stud* ea Asat e 049 pe 001"10004 n nfenae and Land- The School Board of Orstme County, The date of fl t bllcotlon of this no. AN ORDINANCE THE CITY m pot Jp po$sibJ scaa e,, in the C Co soon 1 Compl t r f o l- IV l- DIS ON' I 32o-cA- Dgsm•D Florida announces that Construction tice Is August 15, 7010. COMMISSION OF HE CITY OF ler's Conference Room Fourth HOW. Bld documents ore availaqble on De- at RISK Se are re- WINTER SPRI G FLORIDA, Orange County 'Administration Centeerr CNLBANK, a Flortda corporation, mend Star at werw,demard4tar cam or putted for the protect 1141110 below. gAEOORY R. E AMENDING CHq Ik , ZIOp(ING Opt uth Rosalind Avenue, (Orlendo, Plolntlff . from Toho Water Authority Purchok- Rs OF THERC1ZOEbE OP 0 D INANC ES T Florida. ds des v sG v Ing at (407) 9413191. MPROJECT anagement NAME at Risk GcpesCtfoo p Tis Law 00W. of m: ease M PMB es* 'NG H UNITS A NDIT OrNAAMEEE USE 4t Or of ti Mat to Or TON ISLES, a ELD limited B V i tO C M1 1 F MoS S I T y 522+ Wu1 S _ ease ' „ • ' U H R INGL C s 2010 10111 w�l r hgme I a • C N n 1 pS(I� N Lt E Mo O Ti „ DWI LLING Ot TRI TTH R- I W Mee MATS IN , ER )SN N fy p� services 0m 4n , .a's SINGLE -FAMIL D ELLINp Cit - 194 tax tell ptewosl to INSP C S �V E C a/k //a TFlt�o Toho Aulhori owings IFB 1 70 g � h00 es fo�v Prnhjecl A a r FscskNRw o� �A Cr DWERLLI l4 TRIC ; Ill E I DL4 ER IA R I NG PH §E. poled t far tffe Drehens Y y LID M. M.eseer N HE R -1 ONE -FAMI` DWELL- If you have any quesflons, please call NIX'DEWAT RING, (�C., ER U Ott oo5tcuu Foridl �P PRE-SUBMITTAL KER Au t r277{fs201100, AN DISTRICT, NGG pTEES TO CER• the VAB Clerk at (40 7) SUBJECT r 936.5447. ON ENTERPRISES, INC. dMa F R- Bid mend aroW www.demandstar.com o FL OOP Attendance_ oberto tOIN�TDE �T cgs" T�E 10 NCO S STEN EA L DF P S A As Clerk of ihe'Value Aom trmeM DOe0erd0 HARMS In at (407) 944.5781, Pacheco. Senior. Manager J l ' RC tl� PROBATE 0� RESOLUTIONS, LU C06E S VERABi TI_Q Board NOTICE OF SALE N071fE SSE10 03661 9/22/2010 PROPOSALS ASE TO BE SENT TO: Orange A • AN EFFECTIVE DAT . cs/ks It Is . For a complete .hating of County Public Schools Contract Ad- • CASE NO, 20t0 -CP -1577 . ,! 1 • • Y , 1 k s l :; NOTICE M HEREBY GIVEN that pursuant to • Current ac ve formal soIICd- min stratlon 6501_ ghi glc Way, Bldg. 100 0� ' :� s• i COR1082763 08/22/2010 a Final Judgment of Foreclosure ran - t ons ono addenda for the 0 Orlando, FL 7!809 IN RE: ESTATE OF - 1 ', " � t n PUBLIC dered on August 5, 2010 In that certain C df WWlinf Park, alt In- JESSICA ►IURST BALL I1� • ■ lit we. NO cause Pending in the talrculllt Court In forested POR should visit ?ROPOBAI DUE DATE: September 16, 2010, Deceased. TFA 6B, 1 an, OF� SPRH7�A and for Osceoll County. Florid e, our Web fl pi a at http :// 2:0 P.M. The propose ordinance be I n• N NW wherein CNLBA K (y the plaintiff, www.cl a w nterpork.org/ NOTICE TO CREDR08¢ seeded by i terested Rea mated ago n the Defendants, ttyy n M Pa NOTICE Is cot P nni by the Planning el pureho sl�rlrolt the wle re. Rep nf !red 1 comply w interested fir pre I n Qtl rets p pip - 8 m, and 5 Friday, p.m., erk's hrounh gportl/ Alt Plannl g Agency of the ,q1° - a• a Ieardner No. 2010• Ihe f aoly l a d (RFQ IDe Ri f Mu RF Litl 1 e Circ nt Count of O le CounfYf P ne , ( E Sta 0 Win- City of Altamonte 0 ggrin s, Florid 00 1:�00 m., Se embed Clark I web page row ) p op � qI h gs 1150 _�rL� that said Board Wfll hoist a pub! c on Pt 2010, of- nda. The city will post and an Iotifications Issued shall be Florida, Probate Division, Case No.: mote l �) 3271800 e221. Persons hearing coider ap aPPatfon y t sole and sell to the highest bid - 0dss C 111 C I l i need the d to t ons f Pi ta In nt r Spr e- 11 C addenda to this Web pogg obtained from our web s to htip: /! 2010• P•1ST7 the address of which is with motion cal aob I t ea Ing assistance to amend the Capital Impr t Ele der or cos at the Oran gamin only and will not I ut writ• tation www.pees.netiop/cantra t/. Coples of. 426 N. Oro ge Avenue, Orlo do, Flort- participate In any of these proceedings meat o} the C r hens P n r- ten notif OUrthouse, 12 ando, Florida North Or nda 32801, the nee Avenue, ication. S lc a RFW The may also be picked up of the do 32801. T names and addresses of Id contact the Employee Relations nt t ° °7177, y ot. oom 350, Or r urement Infbrma• Bove address durin the hours f the Personal Representative and the Department Coordinator, 48 hours in ut o section 63. F or( foll ow! described real t nd P bee The Pro��ed en met may and Orange on s a so oval at the 5 :00 a.m. to 11: a.m. or upon writ- warms!!! representative's attorney ore. vane of the meeting at (407) 7- omen sit and being non no Division, 1 at- ism best will be ma lea to'Interest- set tar below. y 32 be rev(awsd the City's Growth Man- P la [ th 1900, Extension 236 Thla (s 0 public "wirier pepartment (Wrin the repo- unty, Flom. to-wlt: ed 1n C tv all 101. ark B i r ms Written requests for copy hearing. tf v decide to ap 1 env tar offt 'hours of 1:30aAM•1:30 PM on pp vMMUe, u thh winter ark, pf_ t R> ` moat be faxed to (10�i) 7n- All creditors of the decedent othtleer recommendation/decision mat by the normal dog AEAt P ROPERTY > �IPTION: SEE ATTACHED las F larldo 799. 97 52 ermore, all Notices con- persons having claims or q.. 1 F ' e rr 7 an n d Local Planning 'A ency with respect 10 �s A' COR1039061 corning; C De th t to h and b o n rd ed against c or unllquldated you any w ill ne r d a reco rd this ed- THE us a b 1 s ,- al ^ INVITATION FOR ps ma t c a record t this Inc p r meell c BIOS web site. T Notices shall include, laims, on whom o of MIS not! gags and for such purposes. you may HeH co oe en s PD but a not limited to short Ust meet- is se 1n � le t� r laims withh nserj to epnCssuere that a verbatim record "'g ' smba Map a.1. or as 8000 res./1° Sealed Bids will be received b the Ing ales and times, presentation th WI FTE R THE DA OF i t I emn Is made uPo partied ra tter as hie. At the meett% rS h t outh 198 1sat � 0st' i Unt ( 1:3 P.M. September 16,20 r clsion�ond deCI010on nlorrnaii THE IRST PUBLICATION OF THIS are vlsed that they may appear at eleSt� es Dart rna Opp11pr and be YUNG CO. SIIDDIY19lels el Smear( 9. Cq yy publicly opened and read at that time NOTICE OR 30 DAYS AFTER THE the m� and be heard with respect heardw mt to request. This T P ]B aec t° for; Equal Empieyment Dpportunity' The DATE OF SERVICE OF A COPY OF to the Proposed ordinance. to time until final action is taken. if . �� B Pep of School Boa of Orange County, Flora THIS NOTIC O THEM. anyone deeds$ To appeal env Ilion lie Bseords teals Camp, R onda m SID H do, does not discriminate In odmissfon CSE70R1790 08/22/2010 on this request, they will to en- - glob 90 lest ofd 99441 80 ten of F®EML cumin or a to, or treatment or emnploy 511 other creditors of the decedent and sure that a vet batlm r of the pro- ad' Z men In isprogroms and activities on other persons havin claims or de- * ." �^' sure th a w hi c h Inl rd te ro- 0 IR T basis race, c o maelfal Cmlodln against ed o In- - NQTI�E Qf : ,1 a qG To and evuaenu n which fhb OPPesl is Ps1a 1:1 11 Nf�t of 4N Ski packages will be atrallabls Mon - dlsnbntit ar y..other mason prohlb- Ilauidated claims, must file their •!awtrwl E' YEAR to be based It mode. The City does CO. s s a eoo l day, August 23 2010 and (nay t>e /tad by law. The Equal Employmrt7eent Claims with this COUP within 3 �r�. ��8 not provide' t his verbatim record. NZ s n � tattled by calling AI t1J ' ) Opportunity Supei4hor'r ble for MONTHS AFTER THE DATE OF ACID ' t � , RD Persons with d 11111114 need) os• pf X � AU N 439 9690 orb vlsit at l MO Authority campllarlee Is Carlanne ylo- the THE FIRST PUBLICATION OF THIS 0 Pe fe vnn to n e , ,.•, d wet.lor, -11044 over t9s La 31 ten Purchasing -D.oartmeM!c- vm hai/w_nt... .00011M MM. SuoarvIaor.M au/nuhio..Mr... . MIT IC..G. . . 1 .. .16 I Sole Eztra 1 Orlando Sentinel Sunday, October 3, 20ic . REUNIONS Meroyc@yahoo.com. Cocoa Bea Oviedo High School School Claw High slehool Class 011976: A reunion is 1 -2, 2011. July 1: NOTICE OF CHANGES TO - being planned for December. eying with DJ, d October Details h1o2d3k415n6s7 @net- ers, cash bar, ul THE CODE OF ORDINANCES scape.net. ry's, Cocoa Bead Seminole 01969 : 6p Upcoming mi Class ng ndga AND ZONING CODE of 1969 6 .m. midi Oct 8, Street Parry, httpJ /gregory9 Route 46 Entertainment Dis- The Edgewater High beach.com, Jarr trict, 4316 w. State Road 46, SchooiCltass ' Facebook, JBlen • CiTY OF WINTER SPRINGS Sanford, $30. RSVP with check reunion Is being planned for or Bob Craig, RI: by Sept 27. Details: Colleen April, 2011. Details: Mark hoo.com. NOTICE IS HEREBY GIVEN THAT Holley Jarrell, cnhjarrell@ya- Rash, edgewater71@gmail.com. Jonas HIgI hoocom;Dayle Healy Bau- WIlllamR. Boone High Classol'1971 THE CITY COMMISSION OF meister,daylebaumeis- School Class of196t April beingplannedJ THE CITY OF WINTER SPRINGS ter@gmaiLcom. 29-May 1, 2011, Hotel Sonesta, at the Dr. James Bishop Moore Class of Orlando. Details: Louise Carter borfiood Center PROPOSES TO ADOPT: 1980: Oct 8-9. Oct. 8: BMHS Borsoi, 407-841-0496, borsoi- Blvd., Orlando. I: football, then Houston's restau- Iouise@hotmail.com. Broome -Moore; ORDINANCE NO 2010 -08 rant. 7 p.m. to midnight Oct 9: Seabreers High • ms1o1698@cfl. Malson &Jardin,430Wymore SchhoolClass of1981: 'viva AN ORDINANCE OF THE CiTY COMMISSION OF THE Road, Altamonte Springs, 24-26, 2011, Daytona Beach. CITY OF WINTER SPRINGS, FLORIDA RELATED TO loh -862-4 onja din.com 'ls: .a ir @sbcglobal.net. October j ACCESSORY DWELLING UNITS ( "ADU'S "); AMENDING Facebook "BMHS Class of 80." CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR Apopka HighSehooi BUILDING CONSTRUCTION STANDARDS FOR ADU'S; Clissesof1976�1979:°ct `,-'.'''`,;••.: ,_' ' . . -. AMENDING CHAPTER 20 OF THE CiTY CODE TO ahs76th76thru79C gmaii com, a s. Ifltro(iuciii`, AUTHORIZE E ADU'S AS A CONDITIONAL USE IN THE Facebook 'Apopka High School . u , R -1AAA, R -C1, R -1AA, R -1A AND PUD ZONING Frederick Reunion 76- 77- 78 -79.~ 1Z DISTRICTS; AMENDING DEFINITIONS; MAKING Oak RWa High A �'c"t'us on Single= lrrc•i siori CONFORMINGAMENDMENTS TO CHAPTERS 9 AND 19; School Class of 1970: Oct. 15-16, Ventura Country Club, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 3201 Woodgate Blvd, Orlando. : ORDINANCES AND RESOLUTIONS, INCORPORATION Details: Ken Dibble, Ken.Dlbr r pia yO'u , INTO THE CODE, SEVERABiLITY, AND AN EFFECTIVE ble@vbmb.org; Bphil- +s lips@cfl.rr.com. Single Incision DATE. yao Willia / m y� R.B � o / one High '� - , -: , ; SILS, is a'type j SC/1001 Cla0i Vi : o t t i 15-16. Details: Bruce@BooneA- :; `a" be complel PUBLIC HEARING lumni com. -.ti incite belly' • u� Bishop Moore High , !ndsfohs, and FOR FIRST READING School Class ofW75:Oct , ` b le e d in g arfdI WiLL BE HELD ON ' 15- 17.530 Oct 15,13130; 7:10 � i p.m. Oct. 16, BMHS football ' d 1. SIL S surgery t game 7 -11 p.m. Oct 17, Why fs usually pert Not Lounge, Ahamonte.Details: fl. MONDAY, OCTOBER 11, 2010 Facebook BMHS lass of 75. - • '' :expierlenced in Bishop Moore Catho D �_ frededck Hoov , • you are a tand� AT 5:15 P.M. Ik High School Class of i f . , should di'scus l MILS: Oct 16. Details: Marcos r ` Sayago, mes625@ad.com. ?1,-; i ' . ' ` : Aitvaritei Min OR SOON THEREAFTER IN THE , • Seminole High School 1 '. H ; ' '`; ` r ; ' , � - ' . S pfciali3tsp r COMMISSION CHAMBERS LOCATED AT Class of1960:°ct.16, y WINTER SPRINGS CITY HALL Route 46 Entertainment Dis atr 1126 EAST STATE ROAD 434 trict, Sanford. DetailsTerry k• af ,K "r i ' i°;"�D. rz.r :,. Griffin, terryibk@gmail.com• . , H r " "t i k' , ' iii `'" , . WINTER SPRINGS, FLORIDA , y: ,��it�i'�iw� i� , irffiill , , Fran Strickland Masse, ' , r iii jinii ii siii 1 . • . snarl ^ :''.!i' r" ,~ fin Edgewater H igh . a 1 r � ( - , � ' ' t S : Dr . between 8 proposed nd p m., Monday through Friday, parties t SehoofClassofi97o Oct. ''c,i spracficed'Obst tr,cs` ?,. x , 1 . 1 22 -23 .pct. 22: Hie- � ; . �= , Florida. For more information, call (407) 327 -1800 #227. Winter Springs, Orlando yn .: ^ �.; 1 , , �. ': City's Clerk's Office, located at 1126 E. SR 434, = �tiCogyh�rl - • - coming game at Edgewater ; l, ' r , p x 1 { y; j Persons with disabilities needing assistance to participate t football field, drinks afterthe . ,,, � �'- `� iii f game at Dubsdread CC 7 m. ' 'ti :,p A,:.: 'u :. _ :; ' , ': ` M : , n ' l , , =0-1: 2 -= in any of these proceedings should contact the Employee p• T ' F ` -3 ' ' Coordinator, 48 hours in advance of the Oct.23:40th Reunion, Dinner � .., _'. �'.,: ^'' -- r � �L � � ��, >; �_ Relations Department Coord and Dance, University Club %e` j-'= " '` s eNi anii6 4 it" osit meeting at (407) 327 -1800, 1236. This is a public hearing. winter Park Ticket deadline is - ' • - ' w., • . _ -. Oct ' . 1. Details: Debbie Haley, „a. •:� ' � ',•.:.: 4 r '` sit b` meeting and b e heard with Tres that o the may appear ordinance. ' :''a'`" ^ P 54@emba ma il.com ' haleyb rq ' `r� `, jL l:•t, ' J.G h ... J r• . .r ai fib ,:. • -' - If you decide to appeal any recommendation or decision made SesMnole High School ,...,, u _• ,, .. '' '' " :GYN 51YE - _' •� • •�• by the City Commission with respect to any mater considered C lass ofW7o: Oct 22-23. <' w "':' k . ,.. ciT� - at this meeting, you will need a record of the proceedings, and Details: Diane Wilson Hazeibak- - I - i rrfrerfJg . dD ;d,: . . e.. . ` i : er, 407- 314 -2319, non- '• '' ' ' " - ' ' - ' -' -' �" '' "` "�'`'''' ". for such purposes, you may need to ensure that a verbatim • na9699@aoltom. ^e~: - 1r" ''`l:. ' l' .4 ..";:.4- `:4:_ record of the proceedings is made upon which the appeal is based. .. . • ... - . -. . .. . , • ... ... .. „. „ . . . . • , • . . . . 4 . • . .4,.' :•':::,:.r„.'...E:3!.'-....; ';•c-:., •:: ...... ;.'• :..•:::. ' . • : . . .. • ,, ., ,,._ .,,..,;.,:, p...- , ve g .. . . •• ..• .. • ,. • -''''='' ' ' ''''I'''' '' - '. C HANGES . - ..1. ..... ...- ,,,...,-,'!,,f-Y',,.. - —,,, :iv... -- E.:op-. - . . • ,.....;;;:'.' 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' ' .•'. . • ' . t,..nRAMIS$ • ' . .:-....,..,:,:od..,::q=.....citf:,,i,. .-. 14:,:i`,,... , :k'it‘3,1 "'" etttur ?Li., — — - ' - GS' ,4 - :.:,...-...... .,,,,:••-,4,.v,r., - . " '' 11 SPRIN ,..' ' ' • - -, '' ' '' ''''t' '' ---` ' • ' '''' HecITY 4 .....,,.,!:-•,:,..•:•.:.- , • ...•.-.: .,.•.„,-...-- ti,,, ; .:„.,... ..,.:::•,!..,..;T.. . . . : ? PROPOSES L.' . NC-••i -,, ,'•:•..:-..i %•-::]'' 7.'.;;;.;' :''.. . ' ' . - ' • . '. 1 ''' ':.('-;171 /4DINA Pliti 201 , ;04MM18§10N: .,..-, Tti olrit i..F:',.....:' -- • ..- • c • " O.. - •-'• '• . '.• • . ••,''''' ' . N ORDINAN - • -.: . .. ..- . ' ' ''''''''''' . ' - • ' ' .• 1,:,..-.....;•-... .. -::.-,,. 3 • - ' : '941 71', '''.1 , CITY OF D WELLING •.i..•••:.• .• .:,.., , , : .1.... .. - . • :: : - ...".' , 4- OF THE C ••,,.,.:........ 6 OF . .. .. • ..., :: . ,• WINTER SPR E AMENDING .CHAPT , , • - ''",.?,:- -•s$ • . . , - • ME . • ING. ' '. . . ' . ' • . ' .: • - i.1.-.-4.--tk- uNITS S ), A • • • - , ,q, ,.., '.4,..... . LD . ''''" .. •.: : - - : • • • ' • : • ."•.,:"" .1,14 • E 0 CODE TO P ROVIDE FOR BUILDING ••.. • • . ' , • DA RELATED TO ACCESSORY D RDS FOR ADVS; . . , . .. "PIP. 'Ill . U TION -STANDA :: • : FLORI- DE , •• '.....*414 - ''' CONSTR C. . .._ -• -:•,.. , . . • . . , - .,....,...A E..‘... . Isid cHApTER:?0.OF THE.CITY 0. NDITIONAL. ''' .. - : ..,:. - . . • AMEND' 'A AND ..' • ' - ., - • . - : . •.• : rtief, " Tos:AUTHORIZ NGS R-C1, R-1AA, R-1 41.fgh,.---. ...,,,.. : . THE R-1AAA, Fl- - 'I' AMENDING DE , ' '''''''''',--\• "•" USE IN - - • '••,• tlx40,.1:4 • . • G DISTRICTS; .E AOU'S .AS A END- • . • : • tal . . ...,_ • ' ' . . • ' . . D ZONING NG CONFO RMING AM mAKI • D 19' PROVIDING . • t f As. " - • tC.S.,,. i:KO; NITIONS; • ,: •-,'-t-$*-:-:'7,-1 MENTS TO CHA PTERS 9 • -,:,,,:•.„...;.,-q..i.i.:: '''' FOR THE REPEA AND AN , CO RESOLUTIONS, INCO • kg9` ES AND R Y, O RDINANCES CODE, SEVE RABILIT toriust . 415 1 ....„,:„.‘,1. 0 ,....,,,nr:,,z i PORATION INTO THE . AN EFFECTIVE -------.•:: ...;: AND DA TE. L OF PRIOR INCONSISTENT . .••'.;:::: •• -. •. /ADOPTION ... . . _ . FOR 2nd READING . , .• - - F HELD ON ... . ,„.....,,,L,.y.,-,--.4.-.......Y,,t,....,,,,,:. WILL BE HE -..„-----g-_, -,..-...k.-,,,,,,,,,,,,,.....--,=.,,,,A-,-., ' • • ...,.-_. 4;.-,,...k.z., -.,....--,,,,..-tr-72!;'4,-' •f..-;k,t,-4:::::).;-.:-:,',`f;4,,,. Ist 2010 : .,,,,,,..... : ,,,,..,,, (A.A9Aft , - -, .:Ign , ..- .A,,,...-. OCTOBER 25, PUBLIC HEARING .,,,,-• .„4.4..,.., ,,,,...:4;01.„,12.,..-n_q_13t":t.v.:..:Fipt:A. . ,,,- .::74%,';-(:;NT,c41, ,../ ,„-,... „ _,....„...., A , ,...._ r. MONDAY, 0 :P.A.7,5*-*.ditiillel:-:;:****!- :.::-... AT 515 P.M. , OR i....ar'i,44-lic...,v•i'laty--ein.,..,-,,,,,,•-0 .-!-- .: •-....2.:,.%:,•.,,..2-.,=...t_fi,,,,.-1,-,44v5.%.*,.,,,..-b-v,r..,,rike,... -4- ,,,,,,...t, r , :, . •,.„.,- ,,,,:„.4.... ,,, ,.,;„1.:z. t ....,w , ,„& i „,„,..., , _ : : . • . , AT :•"_k:=•.::::. Tir.,4-,;4■11.,..014 ..,"::; ....'f :,-, eki,Y.. ''.!rik=l4i." ',.,';NS,,,...t..--N.Avnl'a* - • ' ,-.,:' ___ CHAMBERS LOCATED '......!'. r•Vit4-1.,i,- ,4,1 *A ,,, , ,, •1,41. -_,.. • :.- -,,,. .-,:if*-,,,':',A...-i'4A.f..?:.,,Tf:':v1i.:,,. : ;. . C HA ::::',4',-;:r::e.=.4.-A7`. 't.410,'1!1gi,ktb-'1':.,F-1 COMMISSION CITY HALL SPRINGS C ''-.,•,...'i:•;.:2,..,:,,,•.,..;.•-.-,„•.:-.,--,,,, ,t.,,,..„,•,;,.1A'Ali; .,,,,,,..-.2.•,,,i1-;:. .....,'. :..,'.--. WINTER S :'.,---;t:;::;•=!..,•;;;I:..-i.,f.-.iwk. , e; ''t.t.ii:J'4'1 . ClkVitk.A .W ' .''-'-1-...,Al'f"'"7-1.0* ' V-411. . . - . E ROAD 434 SOON THEREAFTER 1126 EAST STATE IN THE ,,,5.,,V,I.:ftc,,,AV:w-...'' V-V.11;m.;?:faer0/02T,:.,;-,,, '``..`''.)P''..;I•.'. ' '..; -'':::,..g.i.'-',;:4A.',1:Ki%14,',11,,tpkitig,.,,...Nitt, ',214 0 4 f.'I t tkAt..-*-=,4.' ,:: ...;...: interested obtained by 4,-;z--;!,-„..-4..: - e d ordinance may be o Monday through Fri - .. -; -4401,1-Am--i--....... ;*), i - ,wis,•:--i *ir". , :;;1. , Ni?.---.: i ‘;'• --4.4-4,- .i -; -4. , ;.‘‘ `--• Th propos - ;,,,,ic'j' a-c, •.i.:2tA.,'L,,,I,:, 4i. ':"... ''',.' . and 5 p.m., Mond y at 1126 E. SR ;•;:ii.'''',.:';'•'''.4•:t1,57W.' 0■2'7.-c!""; ;:''4.1;C:,‘1"Y.1 ' ,.4).•'' :..A ..4%.';E-:' .'. '- /41fie". :-.( '''''1.; ''.*. '''' '.. parties between 8 a.mrk,s Office, located a ti . l 1,1 ''-"4:4V-'2''''V4/0'''''''''% 4ttl.''''''' d at the CHO Cle Pffi E d For more informa orl, WINTER SPRINGS, FLORIDA 4k,1• i.r..!_cs :::,:„. „•...ai,:t4,410.a , ,.1, ,,1;.,.-1-. ,W-9- f...1, q.., : i '..,-. ' ay, r s rinns, Honda a. .i. di nee I g :',:''' "t-,, --,,,,,iElw, A5 .....:,.:::: 434, Winter Sp n, 7. Persons with , -: A ..--1,,,.. , -. , '...•-'-:""-----*_-., 800 k:.7.1,•_t-4-7,-,••• . j:.'- 1 ' • , ^111 r ' 1 V.::•.,-;;;`,313 •;' .;A:te-604.17,4f.4,,,vV•IT,10•-•?..\,--,..;:mt••:, (407) 327-1 Department Co- ili- • '17:". - Nitillort ass istance to Pa lations epa ' -.` v7: ::-1 i.4..::,;;;74.:,.4•:. ,,,:!-4),,,.1.k.:`,,.M.ZW,-.Ige*. ...r&ik... ass"- contact the Employee Re of the meeting at (407) ,,44:1114.-_,,:4elit.:4-.,..' .!..:10„§-4 ., . I - -4iiP-.3.‘,..r.W4-4-14.,'WIPAt4;4•;:Atn.V:;,-;::44VtillitRict.4 4-.p„::,,.4.,,t1-:;-. ordinator 48 hours in advance o , 6 This is a public heanng nterested Par . of these proc eedings t the meetIng .1:10:4i,t.'•'-47',r-.,,,.....]:'''''',+-',.'itt-',,t;t1,_;:.41.-X-,:zii-;,:41::, 327_18,00, #23 . rliciPate in any rdinance. 0 should co , c2.--11,,,k..1.z.f,:s,..?-.4,,,,,,,?..,„,,i„,..-,":*-04;-:.t4t..-4,-;#0-..,,,:,:Ri!IL,-;.w.:;%;..:=4:.iiiiiiii . 4.; are advised that they may appear a ,r. i. .,.,!:vi-„.,,t,._!.._„.--Tkii.-404-iit, - ..•1.+o,v-7..:4,,...;':.‘,.:',A,:',,-::,-i,:(,..-:44,44@',,-, s tion Or decl 1°n 1*'-'--P-1._,,,, ,;4,-bp4riltz;r1;t'Z::''-*.'-'*'4',;s;i-agmoi•fluirt,3vt.0,,, al any recommenda a ny matter :'?:.'r,, :---;j't! -4.ilg,ItaclilitifeOliii0.0,7,9„-i,..,4.7,--14,--ivi*iiviefitsa.TIN.-:i•,- .•.• At"' • ' if u decide to aPPe . • it y ''•-•','• '71.C' A '' '''..../IPI ,"" slE0Alle-414r...7....-,;1'.4.,-7`'''.t.t.:77i,:::•; ,,;-744iiiiitiiii). .0f,,.. 9 yo Com mission w respect to a record of the ,.,-4,1314grotA-Tof...,,,,,:,.-.,,-:::,3,..1.4zi.t-,::..:•::-.•. made by the City will need a rec oo to fin you ,A. .6iiiititit.-,16-61*.t.9..,!itl4iiiP':',;n:1:- '.'-.P:",.:1:.:e.0:.:'-',.: :::::: red at this rriee , purposes, y T ! ''*' s '''' 'e i V.' '''''11-' 4=0I'i;'561°IdA'.':'°-"'''''':'::2.-1,!'.'1',.:x.1,:&.7-...-6...A-t•-i,••.--A":4-...-..v-vi,•.-.:!.:....-,.: conside. ri with resppnt_ to the proPosed 0 . . d s and for sug 1 f the p is m ade upon r.. --,...,., ..!.,,, g4i.t1......!.11.:L.....„,..,,--,::,..,-,,,..:.::_.:.,•:,-.,:-.,..,..,;:A,,:.0.;,,,..-A4-,,,..,:-,,,F.-,,,,..:---.-...::•_...,..,..:',:.i, procee ing , . recor of e r,-'2:.."-*A•_-...;.: ,.:14.4-4,.1;g;',.,-4:!:F1,--....,'„*.!,",i::....2,-;,..,.-',.•-::.,,•:',:•-•-:.:,:::•:!;;-!,•-',..,:•,.:.:•:''.:,....-;',..!..;-',,,:k.:..':,1„:--.-.:,.,:: ..'• :' ensure that a verbau . c.:P.F1-7e...•..k,,,-;:)' 11: :',44...:?, , 1:;-.y '.);"'.. 4 . , : - . , ::-: . .. •: , f, 7, ,.:!, ` rt : ', 0 i 4A ., ,f..4`.,':,.i,,, • 'ct,N,' '';'•14,` tli='*.,'',:;?:;.',.*....:-?,. :-.!. , ':.. :.:,.::',:-:...:. .. ...., . ,. ,,4Ac..!...?%,.:1-,,ri..1:',..,1.'-:,:.. ' ,: • : .. .. . - . ' : : '';'.,..4,:■j'j:iP4i4',C;71•4•.:;'.*P41,::';..i...:4'` 4'...:;;;i:,; ' , , .... :.i,:';',-.',::;:;_:::7i•E.5;i3t:'.:;1'.,;:*2v-i. . '''• • , which the aPPeal 14t: ,W1-4,•':,•'1:!,!,-4.,‘,.:,---„,-1.404.4:,.=:,,-V.,;,...-.;;-:1,-,11;.:-,::i,c.,,,,:-(;;;:-.:44,..:,!_:,,,,t,:,,,?;',-... ,. - • -, - - '''''''' ' • V ' 4".. ,..i., +.:4.,:i. ''',7•11.- . . .... is based. t ;::--- - -- ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING SEPTEMBER 1, 2010 CALL TO ORDER The Regular Meeting of Wednesday, September 1, 2010 of the Planning And Zoning Board/Local Planning Agency was called to Order at 7:00 p.m. by Chairman Charles Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Charles Lacey, present Vice Chairman William H. Poe, present Board Member Howard Casman, present Board Member Rosanne Karr, present Board Member Bart Phillips, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The July 14, 2010 (Rescheduled From July 7, 2010) Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES" (JULY 14, 2010 [RESCHEDULED FROM JULY 7, 2010]). MOTION BY BOARD MEMBER CASMAN. SECONDED BY VICE CHAIRMAN POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 1, 2010 PAGE 2 OF 7 VOTE: BOARD MEMBER KARR: AYE CHAIRMAN LACEY: AYE BOARD MEMBER PHILLIPS: NAY BOARD MEMBER CASMAN: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS Regarding the Jetta Point property, Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the Board Members and stated, "This is part of the property that was subject to the Settlement Agreement from 1990 — governing part of the property — westernmost twenty -five percent (25 %) of Jetta Point Park." Next, the Permitted Commercial Uses of the Tuscawilla Planned Unit Development was shown. Chairman Lacey asked, "If we didn't touch the Settlement Agreement and all we did was rescind the Text Amendment, where would that leave us ?" Mr. Stevenson replied, "The property is Zoned — the Settlement Agreement only entails this westernmost twenty -five percent (25 %) of the property." Continuing, Mr. Stevenson added, "You would delete the ability for a recreational facility to be in the C -1." Discussion. PUBLIC INPUT Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke about the Text Amendment and Permitted Uses for the Jetta Point Park property and noted she was in support of Agenda Item "500 ". Mr. Mike Demaree, 121 Lido Road, Winter Springs, Florida: addressed the Board Members and said he supported Agenda Item "501 ". CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 1, 2010 PAGE 3 OF 7 In summary, Mr. Stevenson stated, "We do want to do the Text Amendment and if we do the Text Amendment to take the Park out as a Permitted Use and not put it back in." In regard to the variety of Uses contained in the Settlement Agreement from 1990, Mr. Stevenson suggested, "We probably need to look at trying to correct some of that at this point in time as well, at least for this part of Parcel 15." Mr. Lacey asked, "If there is Consensus here, we can send Randy (Stevenson) with some direction on which way he is supposed to go. Is there any objection to the plan that he has laid out ?" With discussion, Vice Chairman William H. Poe stated, "You have Consensus on my part." There were no objections voiced. Mr. Stevenson said he would update the Board Members at the next Planning and Zoning Board/Local Planning Agency Meeting. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2010 -21, Which Revises The Administrative Procedural Portions Of The City Code To Expressly Require And Authorize The Planning And Zoning Board To Review And Make Advisory Recommendations On Development Applications In The Town Center. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and stated, "The Commission directed the Attorney to prepare this Ordinance to include this Board for any Applications related to the Town Center — currently, Aesthetic Review proposals do not go to you for any development in the City; however, given that that would also be an Application in the Town Center, they will also go to you for the Aesthetic Review." Continuing, Ms. Sahlstrom added, "This is planned to go forward to the City Commission. They already did a First Reading on it to see if they were inclined the way the Ordinance was written and if they wanted to go ahead and have it come to this Board in that format, and they did. It is scheduled to go to Second Reading for Adoption on September 13 (2010). It is my understanding from the City Attorney that once it is Adopted, it will be effective immediately." Discussion. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 1, 2010 PAGE 4 OF 7 Chairman Lacey commented, "This is part one (1) of a two (2) step process after this is done, then we move on to a broader area of process improvement that speaks to delegating some authority to Staff, higher levels of delegation to the Planning and Zoning Board[/Local Planning Agency] and then finally the City Commission, only getting involved when some threshold degree is changed and the whole point of that is to make it more business friendly to our customers." Discussion. Chairman Lacey opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input" portion of this Agenda Item. "I RECOMMEND APPROVAL OF (AGENDA) ITEM `500' AS PRESENTED." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE CHAIRMAN LACEY: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2010 -08, Amending The Code To Allow Accessory Dwelling Units (ADUs) As A Conditional Use In Single Family Zoning Districts Subject To Certain Criteria. Ms. Sahlstrom introduced this Agenda Item and presented a PowerPoint presentation related to Accessory Dwelling Units. As the Comprehensive Plan provides direction regarding Accessory Dwelling Units, Ms. Sahlstrom stated, "It says that they will be allowed as Conditional Use in single family dwelling districts and subject to strict design compatibility standards, and these standards are to be determined and Codified into the City's Code." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — SEPTEMBER 1, 2010 PAGE 5 OF 7 Continuing, Ms. Sahlstrom added, "That is the whole objective for this Agenda Item tonight is to have a discussion and to move hopefully forward with implementing this directive and by understanding better what type of standards everyone would like to see related to the implementation of Accessory Dwelling Units." Discussion. Chairman Lacey asked Ms. Sahlstrom, "Can you comment on the enforceability on the two (2) items that I think are important; no separate utility meter and the owner residency requirement. Can we guarantee those ?" Ms. Sahlstrom replied, "The Attorney is actually investigating a little bit further the idea of the Deed Restriction. Now according to the Agenda Item, I listed several items that would be in the Deed Restriction that the ADU (Accessory Dwelling Unit) could not be sold separately, that it is restricted to the Approved size, that the Use Permit should only be in effect so long as the principal residents or the ADU (Accessory Dwelling Unit) is occupied by the owner of Record and that the Declarations are binding upon any successor in ownership of the property and that if they should lapse or be in violation, then the Accessory Unit would have to be removed." Lastly, Ms. Sahlstrom added, "The Attorney is looking into what can legally be required and how you can go about doing that." Chairman Lacey stated, "The owner occupied requirement is an important one that before we could move forward on it, I want to be assured that that is in place and enforceable." Discussion ensued on height restrictions and lot sizes. Regarding Planned Unit Developments (PUD) lot sizes, Ms. Sahlstrom stated, "I believe those lots for the most part are smaller than five thousand (5,000) square feet. I probably need to verify that." Next, concerns on Parking spaces were discussed. Tape 1 /Side B Chairman Lacey asked, "The determination from the Attorney's office, do you expect to have that concrete before it goes to the Commission ?" Ms. Sahlstrom replied, "Yes." Chairman Lacey added, "Whether our recommendation is one way or another ?" Ms. Sahlstrom said, "Right." Discussion. Mr. Stevenson pointed out, "Since these would be Conditional Uses, the adjacent property owners would be Notified." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 1, 2010 PAGE 6 OF 7 With further discussion, Chairman Lacey stated, "I think they do require that they be in conformance with HOA (Homeowner's Association) Covenants ?" Ms. Sahlstrom agreed and said, "Yes." Continuing, Ms. Sahlstrom explained, "If the HOA (Homeowner's Association) Covenants restricts it and won't allow it, then it can not be permitted as a Conditional Use by the City. The HOA's (Homeowner's Association) overrule." Chairman Lacey opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input" portion of this Agenda Item. "I RECOMMEND APPROVAL OF ITEM `501' WITH THE RESTRICTIONS THAT WE HAVE PLACED UPON, OWNER OCCUPIED, AS WELL AS THE PARKING AND ALL THE OTHER CONCERNS AND ANY OTHER LEGAL ISSUES THAT MIGHT BE BROUGHT TO US BY THE CITY ATTORNEY." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER CASMAN: NAY MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. Next, Ms. Sahlstrom addressed the Board Members regarding an additional Meeting date in September to discuss upcoming projects. Board Member Howard Casman indicated, "I have no problem with the 15 (September 2010) or the 22 °a , (September 2010)." Board Member Rosanne Karr added, "That is fine." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — SEPTEMBER 1, 2010 PAGE 7 OF 7 Chairman Lacey asked Ms. Sahlstrom, "Do you think you would be ready with any of these ?" Ms. Sahlstrom responded, "The 22 or the 23 (September 2010) would be a better date to give more lead time." Chairman Lacey asked the Board Members, "Is there any objection to the 22 (September 2010) ?" Vice Chairman Poe replied, "None here." There were no objections voiced. Chairman Lacey stated, "It is my intention to resign from Planning and Zoning (Board/Local Planning Agency) effective my Appointment for my replacement being Appointed — depending on the time of that I may or may not be here for the Meeting on the 22 (September 2010)." Next, Chairman Lacey stated, "I just wanted to let everyone know first of all, thank you for working with me and your confidence in making me your Chairman." ADJOURNMENT Chairman Lacey adjourned the Regular Meeting at 8:02 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: CHARLES LACEY, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the , 2010 Planning And Zoning Board/Local Planning Agency Regular Meeting. ATTACHMENT C ORDINANCE NO. 2010 -08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA RELATED TO ACCESSORY DWELLING UNITS ( "ADU'S"); AMENDING CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR BUILDING CONSTRUCTION STANDARDS FOR ADU'S; AMENDING CHAPTER 20 OF THE CITY CODE TO AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE R- 1AAA, R -C1, R -1AA, R -1A AND PUD ZONING DISTRICTS; AMENDING DEFINITIONS; MAKING CONFORMING AMENDMENTS TO CHAPTERS 9 AND 19; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Comprehensive Plan in Future Land Use Element Policy 1.1.6; and Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, provides that Accessory Dwelling Units may be allowed as a conditional use in single family dwelling zoning districts; and WHEREAS, Accessory Dwelling Units can be a way to value our seniors by providing additional opportunity for them to "age in place" and to maintain their dignity, security and independence within the City of Winter Springs; and WHEREAS, the City's population of elderly residents is projected to increase; and WHEREAS, the Florida Legislature has found that it serves an important public purpose to encourage the permitting of accessory dwelling units in single - family residential areas. See §163.31771, Fla. Stat. (2010); and WHEREAS, the need for affordable housing can affect people of all ages including the elderly; and WHEREAS, the U.S. Department of Housing and Urban Development has found that accessory dwelling units are an affordable housing option for many low and moderate - income residents. See HUD, Accessory Dwelling Units: Case Study, June 2008; and WHEREAS, Accessory Dwelling Units can provide for affordable housing options which meet the locally recognized values of community appearance and design, and be absorbed and integrated into the fabric of existing neighborhoods; and WHEREAS, Accessory Dwelling Units can be a way for homeowners to supplement their income during a time of economic hardship, reducing the likelihood of foreclosure; and City of Winter Springs Ordinance No. 2010 -08 Page 1 of 13 WHEREAS, section 9 -607 of the City Code, describes the requirements for residential compatibility and harmony regulations; and WHEREAS, the City prohibits additions, modifications and expansions of structures and buildings that are incompatible and not in harmony with the subject property and the surrounding neighborhood; and WHEREAS, the City requires that the aesthetic and architectural details of a residential project are compatible with the surrounding area and serve to enhance the character of that area; and WHEREAS, the City has previously established that compatibility and harmony shall be determined based on a review of the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity of the proposed addition, modification or expansion; and WHEREAS, the City Commission hereby expressly finds that this Ordinance is consistent and in furtherance with the City's long standing policy pursuant to Housing Element Policy 1.3.13 of the City's Comprehensive Plan to discourage the concentration of affordable housing units by encouraging the integration of compatible affordable housing units within older and newly permitted neighborhoods; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Chapter 6 Code Amendment. The City of Winter Springs Code, Chapter 6, Buildings and Building Regulations, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS ARTICLE III. BUILDING CONSTRUCTION STANDARDS * ** Sec. 6-84. Accessory buildings. (a) General. Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal City of Winter Springs Ordinance No. 2010 -08 Page 2 of 13 structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, private, detached garages, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. • • • • • 1r1 - • • •. •• • • • • • •• • .1 • • • • • •, . , • • • . • • • • • • • •1 • Accessory dwelling units (ADUs) shall be subject to section 6 -85 of this Code and are not subject to the provisions of this section. (b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this subsection, detached, private garages may exceed twelve (12) feet in height without city commission approval provided the city manager or designee thereof determines that each criteria in subsection (0(3) herein is satisfied. Further, detached, private garages may exceed two hundred forty (240) square feet, but in no case shall exceed one -third (1/3) of the air - conditioned square footage area of the principle principal structure. * ** (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. * ** (5) Detached, private garages which exceed twelve (12) feet in height or two hundred forty (240) square feet in area must meet the setbacks of the applicable zoning district for the principle principal structure. Sec. 6 -85. Accessory dwelling units. Accessory dwelling units (ADUs) must conform to the following standards: (a) Zoning District. A property owner may request a conditional use approval to allow one (1) accessory dwelling unit in any of the following zoning districts: R -1AAA Single- Family Dwelling District R -CI Single- Family Dwelling District R -1 AA & R-1A One - Family Dwelling District R -1 One - Family Dwelling District Planned Unit Development District (b) Existing Development on Lot. A single - family dwelling shall exist on the lot or will be constructed in conjunction with the ADU. (c) Location. The ADU may be attached to or detached from the principal dwelling. City of Winter Springs Ordinance No. 2010 -08 Page 3 of 13 (d) Declaration of Restrictions. Prior to the issuance of a building permit for construction of an ADU, an applicant shall record in the public records of Seminole County a declaration of restrictions containing a reference to the legal description of the property and the deed under which the property was conveyed to the present owner stating that: (1) The ADU shall not be sold or conveyed separate from the principal residence; (2) The ADU is restricted to the approved size; (3) The declarations shall run with the land, shall be binding upon any successor in ownership of the property and that noncompliance shall be cause for code enforcement and/or revocation of the conditional use permit; (4) The deed restrictions shall only be removed with the express, written approval of the city, but shall lapse upon removal of the accessory unit. (e) Number of ADUs Per Lot or Parcel. Only one (1) ADU shall be allowed for each lot or parcel. (f) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located. (g) Building Height and Stories. The ADU shall meet the building height regulations for the zoning district in which it is located. (h) Lot Coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage regulations for the zoning district in which they are located. (i) Parking and Access. A minimum of one (1) parking space shall be provided on -site for the ADU in addition to the required off- street parking spaces required for the principal residence. The ADU shall be served by the same driveway as the principal dwelling. (j) Water and Wastewater Services. An ADU is required to connect to the central water and sewer system where available. An ADU may be separately metered for utilities subject to all applicable ordinances and utility policies. Where central water and sewer service is not available, the septic system and well shall meet the capacity requirements. (k) Other Code Requirements. The ADU shall comply with all applicable building codes. (1) Lot Size Minimum; principal residence minimum. A minimum lot size of 5,000 square feet is required and the principal residence shall be a minimum of 1,350 square feet of air conditioned area. (m) Unit Size. The living area of the ADU shall be a maximum of thirty percent (30 %) of the air conditioned area of the principal residence or 800 square feet, whichever is less. However, the ADU shall contain no less than 400 square feet of air conditioned area. ADUs that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall have the unit square footage size measured similar to the interior City of Winter Springs Ordinance No. 2010 -08 Page 4 of 13 square footage of a traditional frame house. (n) Design. The ADU shall replicate the design of the principal dwelling by use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The design is subject to the Minimum Community Appearance and Aesthetic Review Standards to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.). (o) Privacy. Privacy and screening of adjacent properties is of utmost importance in the orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot and/or public street as much as possible. Windows which do face the adjoining property shall be designed to protect the privacy of neighbors. Landscaping shall be used to further provide for the privacy and screening of adjacent properties. (p) Expiration. As with all conditional use approvals, if a building permit has not been issued within two (2) years for the ADU, the approval becomes null and void (see Sec. 20- 36). (q) Approval Process. The conditional use /aesthetic review approval of an ADU is subject to a Public Hearing. A notice will be sent to all property owners within 150 feet of the subject property. An ADU will not be approved if prohibited by the declarations, covenants, conditions and restrictions of a homeowners' association. The City Commission may impose reasonable conditions of approval to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan (see Sec. 20 -27 and Sec. 20 -33). Sec. 6 -86. Sec: Screen enclosures. Sec. 6 -87. Sez. 6-86: Minimum setback requirements within PUD zoning districts. * ** Sec. 6 -88. Sec.6 -8-7: Temporary storage structures. * ** Secs. 6- 89.6488 — 6 -100. Reserved. Section 3. Chapter 9 Code Amendment. The City of Winter Springs Code, Chapter 9, Land Development, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). * ** CHAPTER 9. LAND DEVELOPMENT City of Winter Springs Ordinance No. 2010 -08 Page 5 of 13 ARTICLE VIII. IMPACT FEES * ** DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION * ** Sec. 9- 391.2. Definitions. Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. * ** (g) Residential: Includes single- family dwellings, multifamily dwelling units, and mobile h omes, • • • , • • '� ., , • • • • • II . 11 Sec. 9- 391.3. Applicability and exemptions. (a) This division shall apply to all new construction within the city limits except the following: (1) Expansion of a residential dwelling unit or the creation of an accessory dwelling unit on the same parcel as the primary dwelling; and * ** Section 4. Chapter 19 Code Amendment. The City of Winter Springs Code, Chapter 19, Utilities, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 19. UTILITIES * ** ARTICLE V. STORMWATER MANAGEMENT UTILITY * ** Sec. 19 -162. Definitions. For purposes of this article, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. City of W inter Springs Ordinance No. 2010 -08 Page 6 of 13 Words not defined herein shall be construed to have the meaning given by common and ordinary use. * ** Equivalent residential unit (ERU) shall mean the statistical average impervious area of residential developed property per principal dwelling unit within the city. The numerical value of one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate resolution. * ** Sec. 19 -164. Schedule of rates. (a) The stormwater management utility fee shall be adopted from time to time by ordinance of the City Commission (the "rate ordinance "), and shall be calculated for each developed property as follows: (1) The fee for residential developed property is the rate for one (1) ERU multiplied by the number of dwelling units existing on the property. Accessory dwelling units that are separately metered for utilities shall be considered an additional dwelling unit for purposes of calculating and billing the fee to the accessory dwelling unit. That is, Fee = ERU x number of Dwelling Units. * ** Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 20. ZONING ARTICLE I. IN GENERAL Sec. 20 -1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. * ** Accessory. The term applied to a building or use which is clearly incidental or subordinate to and customary in connection with the principal building or use and which is located on the same lot or parcel with such principal building or use. Accessory building. A building which is clearly incidental or subordinate to and customarily utilized adjacent to and in connection with a principal building located on the same lot. Accessory buildings may include a detached garage, shed, gazebo, storage building, cabana or bathhouse (used in conjunction with a swimming pool), or similar use. When an accessory building is attached to City of Winter Springs Ordinance No. 2010 -08 Page 7 of 13 a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. (Also see Sec. 6- 84. Accessory buildings.) Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress /ingress independent from the principal dwelling, and which provides complete independent living facilities for one (1) or more persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. The ADU is located on the same parcel as the principal dwelling and shall be subject to the required setbacks of the principal structure. The ADU may be either attached to or detached from the principal dwelling. (Also see section 6 -85. Accessory Dwelling Units). * ** I • • • •• • • • • r. • . • N • ' •• •. • • • •• U • • • .. • _ .1 • • . • • • • • • • . . .. • . ' ' , • • . • • • • • • . .. • '•. • ' • . • . . • . • • • .. 1 * ** Dwelling, one family. A building designed for or occupied exclusively by one (1) family,. except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in certain restricted situations as prescribed by code. * ** Garage apartment. • • • • • • • • • • • • • • • • • , • • • • • •• .. • • • • • • • . .. • • family: See Accessory dwelling unit. G uest cottage. • •r.• •. I . • • • ■ • • • • IS •• • • • • •• • • • •1 • •1 • •4 .. . 1 • • • ■1 •.. • • •h 1 • • • • . • .• •1 • • . • • .• • I . . . 11 •11• • .4 • .• • • • •• •• ::1 , . • • • .1 • • • . • • . . • • .1 • . •• _.See Accessory dwelling unit. * ** Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including a principal building together with its accessory buildings, the yard areas and parking spaces required by this chapter and having its principal frontage upon a publicly owned street and publicly maintained streets or upon an approved place. • • .. • • ... ' . • • . , • • • • . • .• • •. • • . • • • . • • • • . • ..1 11 • • • 11 • • •• . •. * ** Principal building. The building or structure of chief importance or function on a parcel or lot. In general, the primary use of the lot is carried out in the principal building. * ** City of Winter Springs Ordinance No. 2010 -08 Page 8 of 13 ARTICLE III. ESTABLISHMENT OF DISTRICTS DIVISION 1. GENERALLY * ** Sec. 20 -103. Restrictions upon lands, buildings and structures. * ** (d) Density of population. No building, structure or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of the sections of this chapter for the district in which such building, structure or premises is located. However, accessory dwelling units in single family zoning districts are exempted from inclusion in the density calculation and may be conditionally permitted in a zoning district as a valid single family use, subject to criteria set forth in section 6 -85. * ** (f) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract of land as defined herein; and in no case shall there be more than one (1) building on one (1) lot except that single family zoning districts may include as a conditional use, one (1) accessory dwelling unit attached or detached per principal dwelling or as hereinafter provided. * ** DIVISION 2. R -1AAA SINGLE - FAMILY DWELLING DISTRICTS * ** Sec. 20 -123. Conditional uses. There shall be no conditional uses within the R -1AAA Single - Family Dwelling Districts, except the following: (1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6 -85, (2 +) Churches; (12) Schools; (45) Public recreational areas and facilities. * ** Sec. 20 -125. Building area regulations. Each The principal single - family dwelling shall be located on a lot or parcel of land not less City of Winter Springs Ordinance No. 2010 -08 Page 9 of 13 than twenty thousand (20,000) square feet and such lot or parcel of land shall have a minimum width of one hundred (100) feet at the building line. * ** DIVISION 3. R -CI SINGLE - FAMILY DWELLING DISTRICT * ** Sec. 20 -143. Conditional uses. There shall be no conditional uses within the R -CI Single - Family Dwelling Districts, except the following: One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6 -85; (2 +) Churches; a2) Schools; (43-) Public recreational areas and facilities. * ** Sec. 20 -145. Building area regulations. Each The principal single - family dwelling shall be located on a lot or parcel of land not less than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred twenty (120) feet at the building line. * ** DIVISION 4. R -1AA AND R -1A ONE - FAMILY DWELLING DISTRICTS * ** Sec. 20 -163. Conditional uses. (a) There shall be no conditional use within R -1AA and R -1A One - Family Dwelling Districts except the following: One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6 -85; (2 +) Churches with their attendant educational buildings and recreational facilities.. -i (32) Public utility and service structures.. -i City of Winter Springs Ordinance No. 2010 -08 Page 10 of 13 (43) schools.. -1 (54) Public recreational areas and facilities ; ; -; (665) Stadiums, independently or in conjunction with existing school facilities, provided the seating capacity shall not exceed the student enrollment of the school to be served plus ten (10) percent, and provided there shall be no lights or night use. (b) Any review of an application or plan shall consider the character of the neighborhood in which the proposed use is to be located and its effects on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off - street parking facilities. (c) Any conditional use that may be granted is limited to the use and intensity shown in the application and plans submitted, and application must receive approval in the same manner as the original application. Sec. 20 -165. Building area regulations. Each The principal single - family dwelling shall be located on a lot or parcel of land having an area of not less than ten thousand (10,000) square feet in an R -1AA Single - Family Dwelling District and eight thousand (8,000) square feet in an R -1A Single - Family Dwelling District and such lots or parcels of land shall have a minimum width of ninety (90) feet and seventy -five (75) feet, respectively, at the building line. * ** ARTICLE IV. PLANNED UNIT DEVELOPMENTS * ** DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT * ** Sec. 20 -360. Control of development following approval after construction completed. * ** (b) After completion of construction of the area covered by a final development plan, no changes may be made except under the procedures provided below: * ** (4) One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants, conditions and restrictions of the homeowner's association. City of Winter Springs Ordinance No. 2010 -08 Page 11 of 13 * ** DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT * ** Sec. 20 -387. Control of development following approval after construction completed. * ** (b) After completion of construction of the area covered by a final subdivision plan, no changes may be made except under the procedures provided below: * ** (4) One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants, conditions and restrictions of the homeowner's association. * ** Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofpri or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 8. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. JOHN F. BUSH, Mayor City of Winter Springs Ordinance No. 2010 -08 Page 12 of 13 ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Legal Ad Published: First Reading: Second Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2010 -08 Page 13 of 13 Page 1 of 1 Andrea Lorenzo-luaces From: Andrea Lorenzo-luaces Sent: Thursday, October 21, 2010 10:47 AM To: _Mayor 8� Commission; Kevin Smith; Anthony Garganese Cc: Randy Stevenson; _City Clerk Department Subject: Public Hearings Agenda Item 500 Importance: High Good Morning, The below link is information that was to be included with the Agenda Item that you have already received for Public Hearings Agenda Item 500 for Monday's October 25, 2010 City Commission Regular Meeting. We are in the process of providing you with a b/w paper copy (our apologies for no color copy as our color printer is down) which should be in your mailboxes within the next few minutes. http•//www huduser org/Publications/PDF/adu.pdf We apologize for any inconvenience. Th�nk you, tl � r • {- ;k—' Ancfre� Lorenzo-Lu�ces, MMC City Clerk City oF Winter Springs, Florid� 0 1126 E�st St�te Ro�c� 434 V`'inter Springs, Floric�� 32708 'S Telephone: C407) 327-�9�5 - F�csimile: C407) 327-47�3 � email: �Iu�cesCawinters�rin�sfl_o� Website: tivtiv�v.wintersoringsl�.�r� `� ?iea� �or,si�e� *i�e e��,tor, ,,er;t be~ore t fhi� er��i(. � 10/25/2010 `y : .. F 11 Accessory Dwelling Units: Case Study NT OFyO O II II N 0 994/V D EvE Q U.S. Department of Housing and Urban Development Office of Policy Development and Research y D -Evelapment and Roscarch Visit PD &R's web site www.huduser.org to find this report and others sponsored by HUD's Office of Policy Development and Research (PD &R). Other services of HUD USER, PD &R's Research Information Service, include listservs; special interest reports, bimonthly publications (best practices, significant studies from other sources); access to public use databases; hotline 1- 800 - 245 -2691 for help accessing the information you need. Accessory Dwelling Units: Case Study Prepared for: U.S. Department of Housing and Urban Development Office of Policy Development and Research Prepared by: Sage Computing, Inc. Reston, VA June 2008 The contents of this report are the views of the contractor and do not necessarily reflect the views or policies of the U.S. Department of Housing and Urban Development or the U.S. Government. Table of Contents Introduction..................................................................... ............................... Historyof ADUs ............................................................. ............................... Types of Accessory Dwelling Units ............................. ..............................2 Benefits of Accessory Dwelling Units ......................... ..............................2 Examples of ADU Ordinances and Programs ........... ..............................3 Conclusion........................................................................ ..............................7 AppendixA ..................................................................... .............................A- AppendixB ...................................................................... ............................B -I AppendixC ..................................................................... ............................0 -1 AppendixD .................................................................... .............................D- AppendixE ....................................... ............................... ............................E -1 AppendixF ...................................................................... .............................F- iii Accessory Dwelling Units: Case Study Introduction Accessory dwelling units (ADUs) — also referred to as accessory apartments, second units, or granny flats — are additional living quarters on single - family lots that are independent of the primary dwelling unit. The sepa- rate living spaces are equipped with kitchen and bath- room facilities, and can be either attached or detached from the main residence.' This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. housed between 20,000 to 30,000 secondary units, 90 percent of which were built illegally.' In response to suburban sprawl, increased traffic con- gestion, restrictive zoning, and the affordable housing shortage, community leaders began advocating a change from the sprawling development pattern of suburban design to a more traditional style of planning. Urban design movements, such as Smart Growth and New Urbanism, emerged in the 1990s to limit automobile dependency and improve the quality of life by creat- ing inclusive communities that provide a wide range of housing choices. Both design theories focus on reform- ing planning practices to create housing development that is high density, transit - oriented, mixed -use, and mixed - income through redevelopment and infill efforts.' History of ADUs Development of accessory dwelling units can be traced back to the early twentieth century, when they were a common feature in single - family housing. After World War 11, an increased demand for housing led to a boom- ing suburban population. Characterized by large lots and an emphasis on the nuclear family, suburban devel- opment conformed to Euclidean -type zoning codes, a system of land -use regulations that segregate districts according to use.' Suburbs continued to be a prevalent form of housing development throughout the 1950s and 1960s. The rapid growth of suburbs reinforced the high demand for lower- density development, and ultimately led most local jurisdictions to prohibit ADU construction. In spite of zoning restrictions, illegal construction of ADUs con- tinued in communities where the existing housing stock was not meeting demand; San Francisco was one such community. During World War 11, the Bay Area experi- enced a defense boom that created a high demand for workforce housing, resulting in a large number of illegally constructed second units. By 1960, San Francisco In the late 1970s to the 1990s, some municipalities adopted ADU programs to permit the use and construc- tion of accessory units. Many of these programs were not very successful, as they lacked flexibility and scope. Although a number of communities still restrict devel- opment of accessory dwelling units, there is a growing awareness and acceptance of ADUs as an inexpensive way to increase the affordable housing supply and address illegal units already in existence. Municipal Research and Services Center of Washington, Accessory Dwelling Units, October 1995, http: / /www.mrsc.org /Publications /textadu. aspx #tenant. 2 Transportation and Land Use Coalition, Accessory Dwelling Units, http: / /www.transcoalition .org /ia /acssdwel /OI.html #body. 3 Transportation Research Board, The Costs of Sprawl Revisited, 1 998, http: / /onlinepubs.trb. org /onlinepubs /tcrp /tcrp_rpt_39- a.pdf. ^ San Francisco Planning and Urban Research Association, Secondary Units:A Painless Way to Increase the Supply of Housing, August 2001, http://www.spur.org/newsletters/080 I . pdf. ' New Urban News, The New Urbansim —An alternative to modern, automobile- oriented planning and development, July 2004, http: // www. newurbannews .com /AboutNewUrbanism.html. 1 Types of Accessory Dwelling Units Depending on their location relative to the primary dwell- ing unit, ADUs can be classified into three categories: in- terior, attached, and detached.' Interior ADUs are located within the primary dwelling, and are typically built through conversion of existing space, such as an attic or basement. Attached ADUs are living spaces that are added on to the primary dwelling. The additional unit can be located to the side or rear of the primary structure, but can also be con- structed on top of an attached garage. Detached ADUs are structurally separate from the primary dwelling. They can be constructed over existing accessory structures, such as a detached garage, or they can be built as units that are separate from accessory and residential structures. Benefits of Accessory Dwelling Units Accessory dwelling units offer a variety of benefits to com- munities. They help increase a community's housing supply, and since they cost less than a new single - family home on a separate lot, they are an affordable housing option for many low- and moderate - income residents.' Elderly and /or disabled persons who may want to live close to family members or caregivers, empty nesters, and young adults just entering the workforce find ADUs convenient and affordable.' In addition to increasing the supply of afford- able housing, ADUs benefit homeowners by providing extra income that can assist in mitigating increases in the cost of living. Accessory dwelling units have other advantages as well. They can be designed to blend in with the surrounding architecture, maintaining compatibility with established neighborhoods and preserving community character. Furthermore, there is no need to develop new infrastruc- ture, since ADUs can be connected to the existing utilities of a primary dwelling. Allowing ADUs facilitates efficient use of existing housing stock, helps meet the demand for housing, and offers an alternative to major zoning changes that can significantly alter neighborhoods.' ON ADU attached to the side of a garage addition Illustration: RACESTUDIO and city of Santa Cruz e Transportation and Land Use Coalition. ' Atlanta Regional Commission, Accessory Dwelling Units, August 2007, http: / /www.atlantaregional.com /documents/ Accessory_Dwel ling_Un its_.pdf. e Ibid. e Municipal Research and Services Center of Washington. 2 Examples of ADU Ordinances and Programs The following section of the case study provides an overview of ADU ordinances that have been adopted by five communities from across the nation. To gain a wider understanding of ADU programs in practice, the five com- munities have been chosen to represent a diverse range of geographic, demographic, and socioeconomic characteris- tics with different land use and growth control policies. Lexington, Massachusetts Lexington, Massachusetts is an affluent historic town, located I I miles northwest of Boston, with a population of 30,355. According to the town's 2002 Comprehensive Plan, Lexington has largely exhausted its vacant unpro- tected land supply and is a highly built -out suburb with less than 1,000 acres of land available for new development." Approximately 18 percent of the households in Lexington are eligible for affordable housing of some sort, and with a median home sales price of over $600,000, many residents are being priced out of the housing market. 12 This limited growth potential and strong demand for affordable housing has led to the adoption of accessory apartment programs. The town implemented its first accessory unit bylaw in 1983, resulting in the construction of 60 units. In February of 2005, Lexington amended its bylaws to improve the clarity and flexibility of its ADU program. The town affirmed that the purpose of promoting ADUs is to increase the range of housing choices, encourage popula- tion diversity, and promote efficient use of the housing supply while maintaining the town's character. The amended bylaws reduce or eliminate minimum lot size requirements, allow ADUs `by- right' in homes built as recently as five years ago, and allow second units by special permit in new construction, or as apartments in accessory structures. The Lexington Zoning Code allows two ADUs per lot, provided the primary dwelling is connected to public water and sewer systems. Provisions allow absen- tee ownership for two years under special circumstances. In addition, a minimum of one off - street parking space ° U.S. Census 2000, www.census.gov. " Town of Lexington, Comprehensive Plan, 2002, http: / /ci.lexington.ma.us /Planning /CompPlan.htm. ' Town of Lexington, Lexington Housing Strategy, October 2007, http: / /ci.lexington.ma.us /Planning /Documents/ Housing %20Strategy %20(Oct %202007). pdf. 13 The Massachusetts Smart Growth /Smart Energy Tooll<it,Accessory Dwelling Units (ADU) Suburban Case Study, http: / /www.mass.gov /envir/ smart_growth_tooll<it /pages /CS- adu- lexington.html. " See Appendix A. 15 Town of Lexington, http: / /ci.lexington.ma.us. "City of Santa Cruz, http: / /www.ci.santa- cruz.ca.us. " Fred Bernstein, Granny Flats for Cool Grannies, February 2005, http: / /www.fredbernstein.com /articles /display.asp ?id =91. must be provided for every accessory unit. The by -right accessory apartments must be located within the primary dwelling and are allowed on lots that are at least 10,000 square feet. The maximum gross floor area of a by -right accessory apartment is 1,000 square feet and the unit cannot have more than two bedrooms. Increased flexibility in the program has proven beneficial to Lexington in the development of ADUs. According to Aaron Henry, Senior Planner for Lexington, the town's Housing Partnership Board is launching an education and outreach campaign for their ADU program to raise public interest. Santa Cruz, California Santa Cruz, California is a seaside city with a population of 54,600; it is one of the most expensive cities in the country in which to live. In 2006, the median price for a single - family home in Santa Cruz was $746,000, which only 6.9 percent of the city residents could easily afford. In spite of the high cost of living, the city continues to be a desir- able destination on account of its scenic location and prox- imity to San Francisco and the Silicon Valley. The location of a campus of the University of California — the area's largest employer — also adds to the demand for housing in Santa Cruz." Another contributing factor is the limited amount of land allowed for development within the city's greenbelt. In order to preserve the greenbelt while accom- modating new growth, promoting public transportation, and increasing the supply of affordable housing, the city adopted a new ADU ordinance in 2003. This ordinance sets forth regulations for the location, permit process, deed restrictions, zoning incentives, and design and development standards for ADUs. Accessory dwelling units are permitted in designated residential zones on lots that are at least 5,000 square feet in area. No more than one ADU per lot is allowed and the property owner must occupy the primary or accessory dwelling unit. ADUs that do not meet the permitting requirements stipulated in the ordinance must undergo a public hearing process. Development fees are waived for ADUs made available for low- and very -low- income households. &Wt L dLm r a J 9 6 ADU G RO TH ■�h � ■ 3Y d M [sr ■ 2 tr ■ tMrrntr J�83i�!lBd�kAli1 YEARS In addition to the ordinance that regulates the develop- ment of ADUs, Santa Cruz has established an ADU devel- opment program with three major components: technical assistance, a wage subsidy and apprentice program, and an ADU loan program. As part of the technical assistance program, the city published an ADU Plan Sets Book that contains design concepts developed by local and regional architects. Homeowners can select one of these designs and receive permits in an expedited manner. In addition, the city offers an ADU Manual, which provides homeown- ers with information on making their ADU architecturally compatible with their neighborhood, zoning regulations relevant to ADUs, and the permitting process. Santa Cruz's ADU Development Program has won numer- ous awards and has been used as a model by other communities. According to Carol Berg, who is the housing and community development manager for the city, an aver- age of 40 to 50 ADU permits have been approved every year since the start of the program. She attributes the program's success primarily to zoning changes that were adopted to facilitate development of ADUs, such as the elimination of covered parking requirements. Portland, Oregon With a population of approximately 530,000, Portland is the most populous city in the state of Oregon, and is noted for its strong land use control and growth manage- ment policies. Although Portland has had an ADU program in place for several years, ADU development was not effectively promoted until 1998, when the city amended its laws to relax the regulations governing ADUs. The amendments eliminated the minimum square footage and owner - occupancy requirements. ADUs are now allowed in all residential zones with relaxed development standards. Portland's regulations permit the construction of ADUs on lots with a single - family home, as long as they are smaller, supplementary to the primary residence, and no more than 800 square feet. They can be created by conver- sion of an existing structure or by construction of a new building. An early assistance process is available to help with project development for ADUs created through the conversion of an existing structure. ADUs that meet all the standards are permitted by right and do not require a land use review. No additional parking is required for accessory 18 See Appendix B. 19 City of Santa Cruz, Accessory Dwelling Unit Development Program, http: / /www.ci.santa- cruz.ca.us. 2° Barbara Sack, city of Portland. 21 See Appendix C. 4 units. Portland's ADU program guide outlines ways to bring existing nonconforming units into compliance. The city considers ADUs to be more affordable than other housing types because of the efficiency of the units in using fewer resources and reducing housing costs. City planner Mark Bello notes that allowing more ADUs did increase the housing supply, and that city residents viewed ADUs positively and were satisfied with the changes made. He also added, "There were no significant negative issues that arose from liberalizing Portland's code." Barnstable, Massachusetts With seven villages within its boundaries and a total population of 47,821, the town of Barnstable is the largest community in both land area and population on Cape Cod. Approved in November 2000, Barnstable's Accessory Affordable Apartment or Amnesty Program is a component of its Affordable Housing Plan . The program guides creation of affordable units within existing detached structures or new affordable units within attached struc- tures. Eligibility for the program is limited to single - family properties that are owner - occupied and multifamily prop- erties that are legally permitted. Barnstable's amnesty program is seen as a way to bring the high number of existing illegal ADUs into compliance with current requirements. In order to bring a unit into compliance, the property owner must agree to rent to low- income tenants — those earning 80 percent or less 4. of the area median income — with a minimum lease term of one year. The amnesty program offers fee waivers for inspection and monitoring of units and designates town staff to assist homeowners through the program's admin- istrative process. The town can access Community Devel- opment Block Grant funds to reimburse homeowners for eligible costs associated with the rehabilitation or upgrade of an affordable ADU. Homeowners are also offered tax relief to offset the negative effects of deed restrictions that preserve the affordability of the units. Through its Amnesty Program, the town of Barnstable has successfully brought many of its illegal accessory units into compliance, with the added benefit of increasing the supply of affordable housing. Since the start of the pro- gram, Barnstable has approved 160 affordable ADUs. Beth Dillen, Special Projects Coordinator for the town's Growth Management Department, noted that "the ADU program has been very well received and there has been no neigh- borhood opposition." The program has been successful in converting existing illegal accessory apartments into code - compliant ADUs. According to Building Commissioner Tom Perry, "The benefit to this program is twofold. It is increasing the affordable housing supply and it also makes units, that before were unsafe and illegal, safe and legal." Wellfleet, Massachusetts — Home of Oysters ... and ADUs Wellfleet is located in Barnstable County, Massachusetts. Located on Cape Cod, Wellfleet is a tourist town with a 22 U.S. Census 2000, www.census.gov. 23 See Appendix D. 24 Town of Barnstable, Accessory Affordable Apartment Program, http: / /www. town. barn stable.ma.us /GrowthManagement/ CommunityDevelopment/ AssessoryHousing /AAAP- BROCHURE_rev04l 206.pdf. 5 year -round population of 3,500, which increases to 17,000 in the summer months. Sixty -one percent of the land area in Wellfleet is part of the Cape Cod National Seashore and about 70 percent of the entire land area is protected from development. Wellfleet also has a growing concentration of elderly residents 65 years and older. A housing needs assessment study conducted by the town in 2006 recom- mended the adoption of an affordable ADU program to meet elderly housing needs and to increase the supply of affordable multifamily rental units. 1 The affordable ADU bylaw for Wellfleet allows up to three ADUs per lot in any district, but requires approval of a special permit from the Zoning Board of Appeals. Second- ary units may be within, attached to, or detached from a primary structure, and may not be larger than 1,200 square feet. Homeowners with pre- existing attached and noncon- forming accessory apartments may only make changes that increase the conformity of the structures.' Unless the provisions are specifically waived, the con- struction of new ADUs must conform to all zoning bylaw provisions and the owner of the property must occupy either the ADU or the primary dwelling. Detached units must comply with all setback requirements. Owners are required to rent to low- or moderate - income households. Maximum rents follow the Fair Market Rental Guidelines published by HUD and the property owners must submit annual information on rents to be charged. To encourage participation in the ADU program, Wellfleet has instituted a new affordable accessory dwelling unit loan program . The program offers interest -free loans for homeowners to develop affordable accessory units. The funds can also be used by homeowners to bring their ADU up to code. Wellfleet offers tax exemptions to home- owners on the portion of the property that is rented as an affordable unit. According to Nancy Vail, Assessor for the Town of Wellfleet, the combined tax savings for all ADU property owners totaled $7,971.17 for fiscal year 2008. Sixteen units have been approved since the start of the program in November 2006. Fauquier County, Virginia Fauquier County is a largely rural county located about 50 miles outside of Washington, D. C. Beginning in 1967, Fauquier County adopted strict zoning regulations to limit growth to nine defined areas as a means of preserv- ing farmland and open space; in effect, establishing growth boundaries . However, the county population is rapidly increasing. The 2006 U.S. Census population estimate for Fauquier County was 66,170, a 20 percent increase from 2000. A needs assessment study by the Fauquier County Affordable Housing Task Force found that between 2000 and 2006, the median housing price in Fauquier County increased 127 percent, while the median household income increased 21 percent. To accommodate its growing popula- tion, especially the need for workforce housing, the county encourages infill development within the nine defined areas, and is active in reducing barriers to affordable housing. 2s Town of Wellfleet, http: / /www.wellfleetma.org 26 Town of Wellfleet, Housing Needs Assessment, 2006, http: / /www.wellfleetma.org /Public_ Documents /WellfleetMA_LocalCompPlan/ Appendix&pdf. 21 See Appendix E. 28 Town of Wellfleet, Affordable Accessory Dwelling Unit Program, http: / /www.wellfleetma.org/ Public _Documents /WellfleetMA_WebDocs/ AADU.pdf. 29 Keith Schneider, New Approaches to Shaping Community Futures, March 1997, Michigan Land Use Institute, http: / /www.mlui.org/ growthmanagement/ful Iarticle.asp ?fileid =3862. 6 Fauquier County recognizes three different types of accessory units: family dwellings, efficiency apartments, and tenant houses. Family dwelling units are detached acces- sory units constructed for use by the homeowner's family member(s); they must be occupied by no more than five people, at least one of them related to the owner. Family dwelling units may be as large as 1,400 square feet in size and are permitted in both rural and many residentially zoned areas. Efficiency apartments are alternatives to fam- ily dwelling units and are attached to either the primary residence or to an accessory structure, such as a garage. The size is limited to 600 square feet or 25 percent of the gross floor area of the main dwelling, whichever is greater. Efficiencies may not be occupied by more than two unre- lated people and are allowed in rural and residential -zoned areas. Tenant houses are detached dwellings built on the property for the purpose of supporting agricultural land uses. At least one person occupying the tenant house must work on the property. Tenant houses have no size limits. They are allowed only on rurally zoned areas or properties of at least 50 acres, with one tenant house for every 50 acres of a property. Development of ADUs in Fauquier County depends on the zoning, the size of the property, and availability of septic /sewer and water services. Each of the unit types is approved by the Fauquier Office of Zoning Permitting and Inspections, with a building permit, provided that the units meet zoning requirements. According to the county's zon- ing office, 155 accessory dwelling units and 37 efficiency apartments were permitted from 1997 to 2007. Conclusion At the height of the suburbanization of the United States in the 1950s and 1960s, high- density development became undesirable. Instead, communities favored low- density development defined by large -lot single - family homes. Accessory apartments that were once a common feature in many homes were excluded from zoning ordinances. However, growing demand for affordable housing (coupled with the limited amount of land available for development in many communities) has led to changing attitudes about the use and development of accessory apartments. An "See Appendix F. increasing number of communities across the nation are adopting flexible zoning codes within low- density areas in order to increase their affordable housing supply. Communities find that allowing accessory dwelling units is advantageous in many ways. In addition to providing practi- cal housing options for the elderly, disabled, empty nesters, and young workers, ADUs can provide additional rental income for homeowners. ADUs are smaller in size, do not require the extra expense of purchasing land, can be devel- oped by converting existing structures, and do not require additional infrastructure. They are an inexpensive way for municipalities to increase their housing supply, while also increasing their property tax base. By providing affordable housing options for low- and moderate - income residents, communities can retain population groups that might otherwise be priced out of the housing market. The examples provided in the previous section involve communities that have to rely on existing housing stock to meet rising demand, either due to lack of developable land or strict growth management regulations. Portland and Fauquier County have adopted ADU ordinances to increase housing supply within their growth boundaries. Communities that are built out or have limited available land benefit from allowing the development of accessory units, as in Lexington and Wellfleet. Barnstable's amnesty program shows how to successfully bring a large number of existing illegal accessory units into compliance. In addi- tion to allowing ADUs in all residential zones, Santa Cruz has attracted interest in ADU development by publishing an ADU Manual and Plan Sets Book with seven prototype designs for accessory units. A community can tailor ADU ordinances to suit its demographic, geographic, and socioeconomic characteris- tics. The communities discussed in this case study provide loan programs, tax incentives, streamlined permit- ting, and reduced development fees as part of their ADU programs. In order for an ADU program to succeed, it has to be flexible, uncomplicated, include fiscal incentives, and be supported by a public education campaign that increases awareness and generates community support. 7 Appendix A — Town of Lexington, Massachusetts, Article V, 135 -19, Accessory Apartments § 135 -19. Accessory apartments. [Amended 5 -2 -1988 ATM by Art. 41;4-10-1989 ATM by Art. 41;4-4-1990 ATM by Art. 36; 4 -4 -2005 ATM by Art. 10] An accessory apartment is a second dwelling subordinate in size to the principal dwelling unit on an owner - occupied lot, located in either the principal dwelling or an existing accessory structure. The apartment is constructed so as to maintain the appearance and essential character of a one - family dwelling and any existing accessory structures. Three categories of accessory apartments are permitted: by -right accessory apartments, which are permitted as of right, and special permit accessory apartments and accessory structure apartments, which may be allowed by a special permit. A. General objectives. The provision of accessory dwelling units in owner - occupied dwellings is intended to: (I) Increase the number of small dwelling units available for rent in the Town; (2) Increase the range of choice of housing accommodations; (3) Encourage greater diversity of population with particular attention to young adults and senior citizens; and (4) Encourage a more economic and energy - efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single - family neighborhoods. B. Conditions and requirements applicable to all accessory apartments. (1) General. (a) There shall be no more than two dwelling units in a structure, and no more than two dwelling units on a lot. (b) There shall be no boarders or lodgers within either dwelling unit. (c) No structure that is not connected to the public water and sanitary sewer systems shall have an accessory apartment. (d) The owner of the property on which the accessory apartment is to be created shall occupy one or the other of the dwelling units, except for temporary absences as provided in Subsection B (1) (e). For the purposes of this section, the "owner" shall be one or more individuals who constitute a family, who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence... (2) Exterior appearance of a dwelling with an accessory apartment. The accessory apartment shall be designed so that the appearance of the structure maintains that of a one - family dwelling.... (3) Off - street parking. There shall be provided at least two off - street parking spaces for the principal dwelling unit and at least one off - street parking space for the accessory apartment.... C. By -right accessory apartments shall be permitted so long as the requirements set forth in the § 135 -19B are satisfied and the following criteria in this section are met: A -1 ( I ) The lot area shall be at least 10,000 square feet. (2) The apartment shall be located in the principal structure. (3) The maximum gross floor area of the by -right accessory apartment shall not exceed 1,000 square feet. (4) There shall not be more than two bedrooms in a by -right accessory apartment. (5) There shall be no enlargements or extensions of the dwelling in connection with any by -right accessory apartment except for minimal additions necessary to comply with building, safety or health codes, or for enclosure of an entryway, or for enclosure of a stairway to a second or third story. (6) The entire structure containing the by -right accessory apartment must have been in legal existence for a minimum of five years at the time of application for a by -right accessory apartment. D. Special permit accessory apartments. If a property owner cannot satisfy the criteria for by -right accessory apartments that are set forth in § 135 -19C above, the property owner may apply for a special permit from the Board of Appeals.... Accessory structure apartments. Notwithstanding any provisions of this Zoning By -Law that state an accessory apartment shall be located in a structure constructed as a detached one - family dwelling and the prohibition in § 135 -35D against having more than one dwelling on a lot, the Board of Appeals may grant a special permit as provided in § 135 -16, Table 1, line 1.22C, to allow the construction of an accessory apartment in an existing accessory structure which is on the same lot in the RS, RT KO, RM or CN District as an existing one - family dwelling provided: ( I ) Lot area is at least 18,000 square feet if in the RS, RT, or CN District, at least 33,000 square feet if in the RO District, and at least 125,000 square feet if in the RM District; (2) The structure containing the accessory structure apartment was in legal existence for a minimum of five years and had a minimum of 500 square feet of gross floor area as of five years prior to the time of application; (3) The maximum gross floor area of the accessory structure apartment does not exceed 1,000 square feet. An addition to an accessory structure may be permitted, but no addition shall be allowed which increases the gross floor area of the structure to more than 1,000 square feet. The gross floor area for the accessory apartment shall not include floor area used for any other permitted accessory use. The accessory apartment cannot contain floor area that has been designed, intended or used for required off - street parking to serve the principal dwelling;... A -2 Appendix B — City of Santa Cruz, California, Title 24, Zoning Ordinance, Chapter 24.16, Part 2: ADU Zoning Regulations 24.16. 100 Purpose. The ordinance codified in this part provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with single - family dwellings. Such accessory dwellings are allowed because they can contribute needed housing to the community's housing stock. Thus, it is found that accessory units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities that are compatible with single - family development... 24.16.120 Locations Permitted. Accessory dwelling units are permitted in the following zones on lots of 5000 square feet or more... 24.16.130 Permit Procedures. The following accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.160. 1. Any accessory dwelling unit meeting the same development standards as permitted for the main building in the zoning district, whether attached or detached from the main dwelling. 2. Any single story accessory dwelling unit. Any accessory dwelling unit not meeting the requirements above shall be conditionally permitted uses within the zoning districts specified in Section 24.16.120 and shall be permitted by administrative use permit at a public hearing before the zoning administrator, subject to the findings per Section 24.16.150 and the development standards in Section 24.16.160... 24.16.160 Design and Development Standards. All accessory dwelling units must conform to the following standards: Parking. One parking space shall be provided on -site for each studio and one bedroom accessory unit. Two parking spaces shall be provided on site for each two bedroom accessory unit. Parking for the accessory unit is in addition to the required parking for the primary residence. (See Section 24.16.180 for parking incentives.) 2. Unit Size. The floor area for accessory units shall not exceed five hundred square feet for lots between 5000 and 7500 square feet. If a lot exceeds 7500 square feet, an accessory unit may be up to 640 square feet and, for lots in excess of 10,000 square feet, a unit may be up to 800 square feet. In no case may any combination of buildings occupy more than thirty percent of the required rear yard for the district in which it is located, except for units which face an alley, as noted below. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall have the unit square footage size measured similar to the interior square footage of a traditional frame house. Existing Development on Lot. A single - family dwelling exists on the lot or will be constructed in conjunction with the accessory unit. 4. Number of Accessory Units Per Parcel. Only one accessory dwelling unit shall be allowed for each parcel... HIM 24.16.170 Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: 1. The accessory unit shall not be sold separately. 2. The unit is restricted to the approved size. 3. The use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory unit, is occupied by the owner of record as the principal residence... 26.16.180 Zoning Incentives. The following incentives are to encourage construction of accessory dwelling units. Affordability Requirements for Fee Waivers. Accessory units proposed to be rented at affordable rents as established by the city, may have development fees waived per Part 4 of Chapter 24.16 of the Zoning Ordinance... Covered Parking. The covered parking requirement for the primary residence shall not apply if an accessory dwelling unit is provided... 24.16.300 Units Eligible for Fee Waivers. Developments involving residential units affordable to low or very -low income households may apply for a waiver of the following development fees: 1. Sewer and water connection fees for units affordable to low and very low income households. 2. Planning application and planning plan check fees for projects that are one hundred percent affordable to low and very -low income households. 3. Building permit and plan check fees for units affordable to very -low income households. 4. Park land and open space dedication in -lieu fee for units affordable to very low income households. 5. Parking deficiency fee for units affordable to very -low income households. 6. Fire fees for those units affordable to very -low income households. (Ord. 93 -51 § 6, 1993). 24.16.3 10 Procedure for Waiver of Fees. A fee waiver supplemental application shall be submitted at the time an application for a project with affordable units is submitted to the city. (Ord. 93 -51 § 6, 1993) Appendix C — City of Portland, Oregon, Title 33, Chapter 33.205: Accessory Dwelling Units 333.205.010 Purpose Accessory dwelling units are allowed in certain situations to: • Create new housing units while respecting the look and scale of single - dwelling development; • Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives; • Allow more efficient use of existing housing stock and infrastructure; • Provide a mix of housing that responds to changing family needs and smaller households; • Provide a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; and • Provide a broader range of accessible and more affordable housing. 33.205.020 Where These Regulations Apply An accessory dwelling unit may be added to a house, attached house, or manufactured home in an R zone, except for attached houses in the R20 through R5 zones that were built using the regulations of 33.1 10.240.E, Duplexes and Attached Houses on Corners. 33.205.030 Design Standards... C. Requirements for all accessory dwelling units. All accessory dwelling units must meet the following: Creation. An accessory dwelling unit may only be created through the following methods: a. Converting existing living area, attic, basement or garage; b. Adding floor area; Constructing a detached accessory dwelling unit on a site with an existing house, attached house, or manufactured home; or Constructing a new house, attached house, or manufactured home with an internal or detached accessory dwelling unit. 2. Number of residents. The total number of individuals that reside in both units may not exceed the number that is allowed for a household... Parking. No additional parking is required for the accessory dwelling unit. Existing required parking for the house, attached house, or manufactured home must be maintained or replaced on -site. 6. Maximum size. The size of the accessory dwelling unit may be no more than 33% of the living area of the house, attached house, or manufactured home or 800 square feet, whichever is less... D. Additional requirements for detached accessory dwelling units. Detached accessory dwelling units must meet the following. Setbacks. The accessory dwelling unit must be at least: C -1 a. 60 feet from the front lot line; or b. 6 feet behind the house, attached house, or manufactured home. 2. Height. The maximum height allowed for a detached accessory dwelling unit is 18 feet. Bulk limitation. The building coverage for the detached accessory dwelling unit may not be larger than the building coverage of the house, attached house, or manufactured home. The combined building coverage of all detached accessory structures may not exceed 15 percent of the total area of the site... 33.205.040 Density In the single - dwelling zones, accessory dwelling units are not included in the minimum or maximum density calculations for a site. In all other zones, accessory dwelling units are included in the minimum density calculations, but are not included in the maximum density calculations. C -2 Appendix D — Town of Barnstable, Massachusetts, Chapter 9, Article I I - Accessory Apartments and Apartment Units § 9-12. Intent and purpose. A. The intent of this article is to provide an opportunity to bring into compliance many of the currently unpermitted accessory apartments and apartment units in the Town of Barnstable, as well as to allow the construction of new dwelling units accessory to existing single - family homes to create additional affordable housing. B. This article recognizes that although unpermitted and unlawfully occupied, these dwelling units are filling a market demand for housing at rental costs typically below that of units which are and have been lawfully constructed and occupied. C. It is in the public interest and in concert with its obligations under state law, for the Town of Barnstable to offer a means by which so- called unpermitted and illegal dwelling units can achieve lawful status, but only in the manner described below. D. It is the position of the Town of Barnstable that the most appropriate mechanism for allowing for the conversion of unlawful dwelling units to lawful units is found in MGL c. 40B, §§ 20 to 23, the so- called "Comprehensive Permit" program. This provision of state law encourages the development of low- and moderate - income rental and owner - occupied housing and provides a means for the Board of Appeals to remove local barriers to the creation of affordable housing units. These barriers include any local regulation such as zoning and general ordinances that may be an impediment to affordable housing development. The Local Comprehensive Plan states that the Town should commit appropriate resources to support affordable housing initiatives. Under this article, the Town commits the following resources to support this affordable housing initiative: (I ) Waiver of fees for the inspection and monitoring of the properties identified under this article; (2) Designation of Town staff to assist the property owner in navigating through the process established under this article; (3) To the extent allowable by law, the negative effect entailed by the deed restriction involved will be reflected in the property tax assessment; and (4) To assist property owners in locating available municipal, state and federal funds for rehabilitating and upgrading the properties identified under this article. F. The Local Comprehensive Plan supports, in conjunction with a variety of other strategies, the conversion of existing structures for use as affordable housing... § 9- 14.Amnesty program. Recognizing that the success of this article depends, in part, on the admission by real property owners that their property may be in violation of the Zoning Ordinances of the Town, Editor's Note: See Ch. 240, Zoning. the Town hereby establishes the following amnesty program: A. The threshold criteria for units being considered as units potentially eligible for the amnesty program are: ( I ) Real property containing a dwelling unit or dwelling units for which there does not exist a validly issued variance, special permit or building permit, does not qualify as a lawful, nonconforming use or structure, for any or all the units, and that was in existence on a lot of record within the Town as of January 1, 2000; or D -1 (2) Real property containing a dwelling unit or dwelling units which were in existence as of January 1, 2000, and which have been cited by the Building Department as being in violation of the Zoning Ordinance; and... B. The procedure for qualifying units that meet the threshold criteria for the amnesty program is as follows: ( I ) The unit or units must either be a single unit accessory to an owner occupied single - family dwelling or one or more units in a multifamily dwelling where there exists a legal multifamily use but one or more units are currently unpermitted; (2) The unit(s) must receive a site approval letter under the Town's local Chapter 40B program; (3) The property owner must agree that if s /he receives a comprehensive permit, the unit or units for which amnesty is sought will be rented to a person or family whose income is 80% or less of the area median income (AMI) of Barnstable- Yarmouth Metropolitan Statistical Area (MSA) and shall further agree that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. (4) The property owner must agree, that if s /he receives a comprehensive permit, that s /he will execute a deed restriction for the unit or units for which amnesty is sought, prepared by the Town of Barnstable, which runs with the property so as to be binding on and enforceable against any person claiming an interest in the property and which restricts the use of one or more units as rental units to a person or family whose income is 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area (MSA)... § 9 -15. New units accessory to single - family owner - occupied dwellings. For a proposed new unit to be eligible for consideration under the local chapter 40B program, it must be a single unit, accessory to an owner - occupied single - family dwelling, to be located within or attached to an existing residential structure or within an existing building located on the same lot as said residential structure and comply with the following: A. The unit(s) must receive a site approval letter under the Town's local Chapter 40B program; B. The property owner must agree that if s /he receives a comprehensive permit, the accessory dwelling unit will be rented to a person or family whose income is 80% or less of the area median income (AMI) of Barnstable - Yarmouth Metropolitan Statistical Area (MSA) and shall further agrees that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. C. The property owner must agree, that if s /he receives a comprehensive permit, that s /he will execute a deed restriction for the unit, prepared by the Town of Barnstable, which runs with the property so as to be binding on and enforceable against any person claiming an interest in the property and which restricts the use of the one unit as a rental unit to a person or family whose income is 80% or less of the median income of Barnstable - Yarmouth Metropolitan Statistical Area (MSA)... D -2 Appendix E — Town of Wellfleet, Massachusetts, 6.21 Affordable Accessory Dwelling Units Purpose: For the purpose of promoting the development of affordable rental housing in Wellfleet for year -round residents, a maximum of three affordable accessory dwelling units per lot may be allowed subject to the requirements, standards and conditions listed below: 6.21.1 Up to three affordable accessory dwelling units per lot may be allowed in any district by Special Permit from the Zoning Board of Appeals. 6.21.2 Affordable accessory dwelling units created under this by -law shall be occupied exclusively by income - eligible households, as defined by the guidelines in numbers 6.21.4 and 6.21.5 below. The affordability requirements of this by -law shall be imposed through conditions attached to the Special Permit issued by the Zoning Board of Appeals. No accessory apartment shall be constructed or occupied until proof of recording is provided to the Inspector of Buildings. 6.21.3 Requirements and Standards A. Affordable accessory dwelling units may be located within or attached to a principal dwelling, principal structure, a garage or constructed as a detached unit. B. Affordable accessory dwelling units shall not be larger than one thousand two hundred (1,200) square feet of Livable Floor Area as that term is defined in Section II of this Zoning By -law. C. Affordable accessory dwelling units within or attached to a principal dwelling, principal structure or garage that is pre- existing nonconforming shall not increase the nonconforming nature of that structure, except that any pre- existing accessory building may be eligible for conversion to an affordable accessory dwelling unit. D. Newly constructed detached accessory units shall comply with all applicable provisions of the Zoning By -law unless they are specifically waived by this by -law. Newly constructed detached accessory units shall comply with all setback requirements listed in Sections 5.4.2 of this Zoning By -law. E. Owners of residential property may occupy as a primary residence either the principal or accessory dwelling. For the purposes of this section, the "owner" shall mean one who holds legal or beneficial title. Septic systems are required to meet current Title 5 standards and shall be reviewed and approved by the Health Agent. G. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public safety and public health codes. H. No affordable accessory dwelling unit shall be separated by ownership from the principal dwelling unit or principal structure. Any lot containing an affordable accessory dwelling unit shall be subject to a recorded restriction that shall restrict the lot owner's ability to convey interest in the affordable accessory dwelling unit, except leasehold estates, for the term of the restriction. 6.21.4 All occupants of the affordable accessory dwelling unit shall upon initial application and annually thereafter on the first of September, submit to the Town or its agent necessary documentation to confirm their eligibility for the dwelling unit. Specifically, all dwelling units must be rented to those meeting the guidelines for a low or moderate - income E -1 family. For the purpose of this section, low income families shall have an income less than eighty (80) percent of the Town of Wellfleet median family income, and moderate income families shall have an income between eighty (80) and one hundred twenty (120) percent of the Town of Wellfleet median family income, as determined by the United States Department of Housing and Urban Development (HUD) Published Income Guidelines, and as may from time to time be amended. 6.21.5 Maximum rents shall be established in accordance with HUD published Fair Market Rental Guidelines. Property owners are required to submit to the Town or its agent information on the rents to be charged. Each year thereafter on the first of September, they shall submit information on annual rents charged to the Town or its agent. Forms for this purpose shall be provided. Rents may be adjusted annually in accordance with amendments to the Fair Market Rental Guidelines. 6.21.6 Procedure A. The property owner shall complete and submit an application for a Special Permit to the Zoning Board of Appeals in accordance with the Wellfleet Zoning Board of Appeals Rules and Procedures. B. The Zoning Board of Appeals shall hold a public hearing in accordance with the procedures and requirements set forth in Section 9 of Massachusetts General Law, Chapter 40A and the Wellfleet Zoning By -law, Section 8.4.2 . C. Appeal under this section shall be taken in accordance with Section 17 of Massachusetts General Law, Chapter 40A. D. The property owner shall complete and submit to the Inspector of Buildings an application for a Building Permit to allow a change in use. E. The property owner shall obtain a Certificate of Occupancy from the Inspector of Buildings prior to the affordable accessory dwelling unit being occupied. Penalty — Failure to comply with any provision of this section may result in fines established in Section 8.3 of the Wellfleet Zoning By -laws. E -2 Appendix F — Fauquier County, Virginia Zoning Ordinance ARTICLE 5 — ADMINISTRATIVE PERMITS, SPECIAL PERMITS AND SPECIAL EXCEPTIONS 5 -104 Standards for an administrative permit for an Efficiency Apartment 1. Such a unit shall not be occupied by more than two persons. 2. Not more than one such unit shall be located on a lot. Such a unit shall contain no more than 600 square feet of gross floor area or 25% of the total gross floor of the dwelling, whichever is greater. 4. Such a unit shall be located only on the same lot as the residence of the owner of the lot. Architectural features of such a unit shall conform with the single family character of the neighborhood (e.g., no additional front doors). 5 -105 Standards for an administrative permit for a Family Dwelling Unit I . Such a unit shall not be occupied by more than five (5) persons, at least one of whom must be the natural or adopted parent, grandparent, child, grandchild, brother or sister of the owner and occupant of the single family residence on the same lot. Or, the lot owner may live in the family dwelling unit and allow such family members to reside in the main house. In either case, the lot owner must reside on the property. 2. Such a unit may be 1,400 square feet of gross floor area. No dwelling units other than the principal structure (a single family dwelling) and one such family dwelling unit shall be located on one lot... ARTICLE 6 - ACCESSORY USES, ACCESSORY SERVICE USES AND HOME OCCUPATIONS 6 -102 Permitted Accessory Uses Accessory uses and structures shall include, but are not limited to, the following uses and structures, provided that such uses or structure shall be in accordance with the definition of Accessory Use contained in Article 15... 9. Guest house or rooms for guests in an accessory structure, but only on lots of at least two (2) acres and provided such house is without kitchen facilities, is used for the occasional housing of guests of the occupants of the principal structure and not as rental units or for permanent occupancy as housekeeping units... 14. Quarters of a caretaker, watchman or tenant farmer, and his family, but only in the Rural Districts at a density not to exceed one (I ) unit per fifty (50) acres... 31. The letting for hire of not more than two rooms to not more than two persons for periods no shorter than one month... F -1 ORDINANCE NO. 2010 -08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA RELATED TO ACCESSORY DWELLING UNITS ( "ADU'S "); AMENDING CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR BUILDING CONSTRUCTION STANDARDS FOR ADU'S; AMENDING CHAPTER 20 OF THE CITY CODE TO AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE R- 1AAA, R -C1, R -1AA, R -1A AND PUD ZONING DISTRICTS; AMENDING DEFINITIONS; MAKING CONFORMING AMENDMENTS TO CHAPTERS 9 AND 19; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Comprehensive Plan in Future Land Use Element Policy 1.1.6; and Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, provides that Accessory Dwelling Units may be allowed as a conditional use in single family dwelling zoning districts; and WHEREAS, Accessory Dwelling Units can be a way to value our seniors by providing additional opportunity for them to "age in place" and to maintain their dignity, security and independence within the City of Winter Springs; and WHEREAS, the City's population of elderly residents is projected to increase; and WHEREAS, the Florida Legislature has found that it serves an important public purpose to encourage the permitting of accessory dwelling units in single - family residential areas. See §163.31771, Fla. Stat. (2010); and WHEREAS, the need for affordable housing can affect people of all ages including the elderly; and WHEREAS, the U.S. Department of Housing and Urban Development has found that accessory dwelling units are an affordable housing option for many low and moderate - income residents. See HUD, Accessory Dwelling Units: Case Study, June 2008; and WHEREAS, Accessory Dwelling Units can provide for affordable housing options which meet the locally recognized values of community appearance and design, and be absorbed and integrated into the fabric of existing neighborhoods; and WHEREAS, Accessory Dwelling Units can be a way for homeowners to supplement their income during a time of economic hardship, reducing the likelihood of foreclosure; and City of Winter Springs Ordinance No. 2010 -08 Page 1 of 13 WHEREAS, section 9 -607 of the City Code, describes the requirements for residential compatibility and harmony regulations; and WHEREAS, the City prohibits additions, modifications and expansions of structures and buildings that are incompatible and not in harmony with the subject property and the surrounding neighborhood; and WHEREAS, the City requires that the aesthetic and architectural details of a residential project are compatible with the surrounding area and serve to enhance the character of that area; and WHEREAS, the City has previously established that compatibility and harmony shall be determined based on a review of the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity of the proposed addition, modification or expansion; and WHEREAS, the City Commission hereby expressly finds that this Ordinance is consistent and in furtherance with the City's long standing policy pursuant to Housing Element Policy 1.3.13 of the City's Comprehensive Plan to discourage the concentration of affordable housing units by encouraging the integration of compatible affordable housing units within older and newly permitted neighborhoods; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fords this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Chapter 6 Code Amendment. The City of Winter Springs Code, Chapter 6, Buildings and Building Regulations, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS * ** ARTICLE III. BUILDING CONSTRUCTION STANDARDS * ** Sec. 6 -84. Accessory buildings. (a) General. Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal City of Winter Springs Ordinance No. 2010 -08 Page 2 of 13 structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, private, detached garages, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Access:Tr buildings-shall .• • • . • .w • • ■.1 , • ■ . • • . ■ I •, • • . - .1 - . • . • .A • • ■.. • • • . • • • • • • ■ • •1 • • • ■ • • ' • • • • • • • • Ill • • • Accessory dwelling units (ADUs) shall be subject to section 6 -85 of this Code and are not subject to the provisions of this section. (b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this subsection, detached, private garages may exceed twelve (12) feet in height without city commission approval provided the city manager or designee thereof determines that each criteria in subsection (0(3) herein is satisfied. Further, detached, private garages may exceed two hundred forty (240) square feet, but in no case shall exceed one -third (1/3) of the air - conditioned square footage area of the principle principal structure. * ** (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. * ** (5) Detached, private garages which exceed twelve (12) feet in height or two hundred forty (240) square feet in area must meet the setbacks of the applicable zoning district for the principle principal structure. * ** Sec. 6 -85. Accessory dwelling units. Accessory dwelling units (ADUs) must conform to the following standards: fat Zoning District. A property owner may request a conditional use approval to allow one (1) accessory dwelling unit in any of the following zoning districts: R -1AAA Single - Family Dwelling District R -CI Single - Family Dwelling District R -1 AA & R-1A One - Family Dwelling District R -1 One - Family Dwelling District Planned Unit Development District th) Existing Development on Lot. A single - family dwelling shall exist on the lot or will be constructed in conjunction with the ADU. Lel Location. The ADU may be attached to or detached from the principal dwelling. City of Winter Springs Ordinance No. 2010 - 08 Page 3 of 13 Isk Owner Occupancy Required; Declaration ofRestrictions. The property owner shall occupy either the principal structure or the ADU. Prior to the issuance of a building permit for construction of an ADU, an applicant shall record in the public records of Seminole County a declaration of restrictions containing a reference to the legal description of the p roperty and the deed un der which the p ro p erty was conveyed to the present owner statin that: 1l The ADU shall not be sold or conveyed separate from the principal residence al The ADU is restricted to the approved size; 1) The use permit for the ADU shall be in effect only so long as either the principal residence or the ADU is occupied by the owner of record as their principal residence: (41 The declarations shall run with the land, shall be binding upon any successor in ownership of the property and that noncompliance shall be cause for code enforcement and/or revocation of the conditional use permit; 15) The deed restrictions shall only be removed with the express, written approval of the city, but shall lapse upon removal of the accessory unit and 16) The ADU shall not be used for commercial purposes other than being leased for residential purposes. 16 Number ofADUs Per Lot or Parcel. Only one (1) ADU shall be allowed for each lot or parcel. (f Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located. 1g) Building Height and Stories. The ADU shall meet the building height regulations for the zoning district in which it is located. a) Lot Coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage regulations for the zoning district in which they are located. 1) Parking and Access. A minimum of one (1) parking space shall be provided on -site for the ADU in addition to the required off -street parking spaces required for the principal residence. The ADU shall be served by the same driveway as the principal dwelling. 111 Water and Wastewater Services. An ADU is required to connect to the central water and sewer system where available. An ADU may be separately metered for utilities subject to all applicable ordinances and utility policies. Where central water and sewer service is not available, the septic system and well shall meet the capacity requirements. k3 Other Code Requirements. The ADU shall comply with all applicable building codes. L1) Lot Size Minimum; principal residence minimum. A minimum lot size of 6,600 City of Winter Springs Ordinance No. 2010 -08 Page 4 of 13 square feet is required and the principal residence shall be a minimum of 1,350 square feet of air conditioned area. 1 Unit Size. The living area of the ADU shall be a maximum of thirty percent (30 %) of the air conditioned area of the principal residence or 800 square feet. whichever is less. However. the ADU shall contain no less than 400 square feet of air conditioned area. ADUs that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall have the unit square footage size measured similar to the interior square footage of a traditional frame house. Design. The ADU shall replicate the design of the principal dwelling by use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The design is subject to the Minimum Community Appearance and Aesthetic Review Standards to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.). Privacy. Privacy and screening of adjacent properties is of utmost importance in the orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot and/or public street as much as possible. Windows which do face the adjoining property shall be designed to protect the privacy of neighbors. Landscaping shall be used to further provide for the privacy and screening of adjacent properties. Expiration. As with all conditional use approvals, if a building permit has not been issued within two (2) years for the ADU, the approval becomes null and void (see Sec. 20- 36). Approval Process. The conditional use /aesthetic review approval of an ADU is subject to a Public Hearing. A notice will be sent to all property owners within 150 feet of the subject property. An ADU will not be approved if prohibited by the declarations, covenants, conditions and restrictions of a homeowners' association. The City Commission may impose reasonable conditions of approval to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan (see Sec. 20 -27 and Sec. 20 -33). Sec. 6 -86. Ssc6 -85. Screen enclosures. * ** Sec. 6 -87. Sc... 6 -86. Minimum setback requirements within PUD zoning districts. * ** Sec. 6 -88. S. 6 -87. Temporary storage structures. * ** Secs. 6- 89.6 -88 — 6 -100. Reserved. Section 3. Chapter 9 Code Amendment. The City of Winter Springs Code, Chapter 9, Land Development, is hereby amended as follows: (underlined type indicates additions and City of Winter Springs Ordinance No. 2010 -08 Page 5 of 13 strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). * ** CHAPTER 9. LAND DEVELOPMENT * ** ARTICLE VIII. IMPACT FEES * ** DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION * ** Sec. 9- 391.2. Definitions. Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. * ** (g) Residential: Includes single - family dwellings, multifamily dwelling units, and mobile • homes, •I • • •'/ .1 • , . . •. • . ■1 . Sec. 9- 391.3. Applicability and exemptions. (a) This division shall apply to all new construction within the city limits except the following: (1) Expansion of a residential dwelling unit not-creating-another or the creation of an accessory dwelling unit on the same parcel as the primary dwelling; and * ** Section 4. Chapter 19 Code Amendment. The City of Winter Springs Code, Chapter 19, Utilities, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 19. UTILITIES * ** ARTICLE V. STORMWATER MANAGEMENT UTILITY City of Winter Springs Ordinance No. 2010 -08 Page 6 of 13 * ** Sec. 19 -162. Definitions. For purposes of this article, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use. * ** Equivalent residential unit (ERU) shall mean the statistical average impervious area of residential developed property per nrincipal dwelling unit within the city. The numerical value of one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate resolution. * ** Sec. 19 -164. Schedule of rates. (a) The stormwater management utility fee shall be adopted from time to time by ordinance of the City Commission (the "rate ordinance "), and shall be calculated for each developed property as follows: (1) The fee for residential developed property is the rate for one (1) ERU multiplied by the number of dwelling units existing on the property. Accessory dwelling units that are separately metered for utilities shall be considered an additional dwelling unit for purposes of calculating and billing the fee to the accessory dwelling unit. That is, Fee = ERU x number of Dwelling Units. * ** Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 20. ZONING ARTICLE I. IN GENERAL Sec. 20 -1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. * ** City of Winter Springs Ordinance No. 2010 -08 Page7 13 Accessory. The term applied to a building or use which is clearly incidental or subordinate to and customary in connection with the principal building or use and which is located on the same lot or parcel with such principal building or use. Accessory building. A building which is clearly incidental or subordinate to and customarily utilized adjacent to and in connection with a principal building located on the same lot. Accessory buildings may include a detached garage, shed, gazebo, storage building, cabana or bathhouse (used in conjunction with a swimming pool), or similar use. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. (Also see Sec. 6- 84. Accessory buildings.) Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress /ingress independent from the principal dwelling, and which provides complete independent living facilities for one (1) or more persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. The ADU is located on the same parcel as the principal dwelling and shall be subject to the required setbacks of the principal structure. The ADU may be either attached to or detached from the principal dwelling. (Also see section 6 -85. Accessory Dwelling Units). * ** • Burs J •.•. ••• • • • • 11 1 n • • ••• - 1•.1 • •1 _ .1 • • _ • • •1, • 4 • • • • • . • • . . . . . ' • ' • • • • .1 ..; • _ • • • • • • ' . : . • 1 • • . ; • • • .1 •. * ** Dwelling, one family. A building designed for or occupied exclusively by one (1) family except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in certain restricted situations as prescribed by code. * ** G arage apartment. ' • . . • • • ' • • • • : • • . • • • •1 • • • • • , • • • • • • •. 1 • =1 • •. • • • • • • ./ • family.See Accessory dwelling unit. G uest cottage. • • ' • ..1 • • .. . ' • . • • • .1 • • 8.1 • .1 • .. 1 • 14.4 • • • :, • • • • • • • • • 1 • • • • •1 • • . • • _ / • •.1 •. • • .1 • • . •• • : , . • •.8 • • • • • • ••• • 0.1 • • • • • : .See Accessory dwelling unit. * ** Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including a principal building together with its accessory buildings, the yard areas and parking spaces required by this chapter and having its principal frontage upon a publicly owned street and publicly maintained streets or upon an approved place. • • • 1 : •/ • • • • • I • • • : • • • • , • • •1 • • • .1 • •1 • • • • • • • • ' • ' • • • • • • • ' • • •1 • •1 • • • • .1 City of Winter Springs Ordinance No. 2010 -08 Page 8 of 13 * ** Principal building. The building or structure of chief importance or function on a parcel or lot. In general, the primary use of the lot is carried out in the principal building. * ** ARTICLE III. ESTABLISHMENT OF DISTRICTS DIVISION 1. GENERALLY * ** Sec. 20 -103. Restrictions upon lands, buildings and structures. * ** (d) Density of population. No building, structure or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of the sections of this chapter for the district in which such building, structure or premises is located. However, accessory dwelling units in single family zoning districts are exempted from inclusion in the density calculation and may be conditionally permitted in a zoning district as a valid single family use, subject to criteria set forth in section 6 -85. * ** (f) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract of land as defined herein; and in no case shall there be more than one (1) building on one (1) lot except that single family zoning districts may include as a conditional use, one (1) accessory dwelling unit attached or detached per principal dwelling or as hereinafter provided. * ** DIVISION 2. R -1AAA SINGLE - FAMILY DWELLING DISTRICTS * ** Sec. 20 -123. Conditional uses. There shall be no conditional uses within the R -1AAA Single - Family Dwelling Districts, except the following: LU One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6 -85, (2 +) Churches; (32) Schools; City of Winter Springs Ordinance No. 2010 -08 Page 9 of 13 (43) Public recreational areas and facilities. * ** Sec. 20 -125. Building area regulations. Eat The principal single - family dwelling shall be located on a lot or parcel of land not less than twenty thousand (20,000) square feet and such lot or parcel of land shall have a minimum width of one hundred (100) feet at the building line. * ** DIVISION 3. R -CI SINGLE - FAMILY DWELLING DISTRICT * ** Sec. 20 -143. Conditional uses. There shall be no conditional uses within the R -CI Single- Family Dwelling Districts, except the following: LU One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6 -85; (2 +) Churches; (32) Schools; (43) Public recreational areas and facilities. * ** Sec. 20 -145. Building area regulations. Each The principal single - family dwelling shall be located on a lot or parcel of land not less than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred twenty (120) feet at the building line. * ** DIVISION 4. R -1AA AND R -1A ONE - FAMILY DWELLING DISTRICTS * ** Sec. 20 -163. Conditional uses. (a) There shall be no conditional use within R -1AA and R -1A One - Family Dwelling Districts except the following: City of Winter Springs Ordinance No. 2010 -08 Page 10 of 13 al One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6 -85; (2 +) Churches with their attendant educational buildings and recreational facilities:; (32) Public utility and service structures.-; (43) Schools.. -; (54) Public recreational areas and facilities:; (65) Stadiums, independently or in conjunction with existing school facilities, provided the seating capacity shall not exceed the student enrollment of the school to be served plus ten (10) percent, and provided there shall be no lights or night use. (b) Any review of an application or plan shall consider the character of the neighborhood in which the proposed use is to be located and its effects on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off - street parking facilities. (c) Any conditional use that may be granted is limited to the use and intensity shown in the application and plans submitted, and application must receive approval in the same manner as the original application. * ** Sec. 20 -165. Building area regulations. Each The principal single - family dwelling shall be located on a lot or parcel of land having an area of not less than ten thousand (10,000) square feet in an R -1AA Single - Family Dwelling District and eight thousand (8,000) square feet in an R -1 A Single - Family Dwelling District and such lots or parcels of land shall have a minimum width of ninety (90) feet and seventy -five (75) feet, respectively, at the building line. * ** ARTICLE IV. PLANNED UNIT DEVELOPMENTS * ** DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT * ** Sec. 20 -360. Control of development following approval after construction completed. * ** (b) After completion of construction of the area covered by a final development plan, no City of Winter Springs Ordinance No. 2010 -08 Page 11 of 13 changes may be made except under the procedures provided below: * ** (4) One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants., conditions and restrictions of the homeowner's association. * ** DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT * ** Sec. 20 -387. Control of development following approval after construction completed. * ** (b) After completion of construction of the area covered by a final subdivision plan, no changes may be made except under the procedures provided below: * ** 01 One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants, conditions and restrictions of the homeowner's association. * ** Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 8. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 9. Effective Date. This Ordinance shall become effective ninety (90) days after the date of adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. Section 10. Sunset Review. This Ordinance shall be subject to a one (1) year sunset City of Winter Springs Ordinance No. 2010 -08 Page 12 of 13 review by the City Commission. At a regular meeting of the City Commission held in September of 2011, the City Manager and Community Development Director are hereby instructed to present this Ordinance to the City Commission for possible repeal or modification prior to the one year anniversary of this Ordinance being adopted by the City Commission. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 25th day of October, 2010. 111,,,, 4-, 4 5 6,, ,,e ibf $ HN F. BUSH, Mayor ATT 5 : i - AND j�� ORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the Ci of Winter Springs only: 0 A. GARG E, City Attorney First Legal Ad Published: October 3, 2010 First Reading: October 11, 2010 Second Legal Ad Published: October 17, 2010 Effective Date: October 25, 2010 City of Winter Springs Ordinance No. 2010 -08 Page 13 of 13