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HomeMy WebLinkAbout2011 09 12 Regular 600 Sunset Ordinance 2010-08 Accessory Dwelling UnitsCITY COMMISSION AGENDA ITEM 600 September 12, 2011 Meeting Consent Information Public Hearin Regular X Mgr. / Dept. REQUEST: The Community Development Department— Planning Division requests that the City Commission consider the Sunset Review for Ordinance 2010 -08, which permits Accessory Dwelling Units (ADUs) as a Conditional Use in single family zoning districts subject to certain criteria. SYNOPSIS: On October 25, 2010, Ordinance 2010 -08 became effective. This ordinance permits Accessory Dwelling Units (ADU's) as a Conditional Use in single family zoning districts in the City. This ordinance also provides the enabling language and criteria for the allowance of ADUs. Section 10 of the Ordinance states the Ordinance shall be subj ect to a 1- year sunset review by the City Commission at which time the Commission can repeal or modify the ordinance. CONSIDERATIONS: APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Home Rule Powers Comprehensive Plan Ordinance 2010 -08 Section 6 -85, City of Winter Springs Code of Ordinances I 1►1��'SI Ordinance 2010 -08 was adopted by the City Commission as a way to allow citizens to expand their residence to accommodate an elderly relative as well as provide additional housing options that can be absorbed and integrated into the fabric of existing neighborhoods. Accessory Dwelling Units (referred to as ADUs), provide an economical, semi - independent living housing solution for an elderly relative or other individual /family, without the investment in additional land or public infrastructure. Beyond allowing the City's elderly population to "age in place" and maintain their dignity, security, and independence, an ADU can bean affordable housing option for people of all ages. The U.S. Department of Housing and Urban Development (HUD) has found that ADUs are an affordable housing option for many low and moderate income residents. 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 most often is an addition to the structure or is a separate stand alone structure. ADUs require no additional land beyond the existing residential lot. Based upon building permits records, the City has considered fewer than five requests for ADU's in the past year. September 12, 2011 REGULAR AGENDA ITEM 600 Page 2 As mentioned in the Synopsis, Section 10 of Ordinance 2010 -08 states the Ordinance shall be subject to a one -year sunset review by the City Commission. Furthermore, Section 10 instructs the City Manager and the Community Development Director to present at a regular meeting of the City Commission in September 2011, Ordinance 2010 -08 for possible repeal or modification prior to the one -year anniversary of the Ordinance being adopted by the City Commission. FISCAL IMPACT: Continuation of Ordinance 2010 -08 appears to create a positive fiscal impact for the City since a residential property with improvements typically results in an increase to the taxable value of the property. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff recommends that the City Commission review the information contained in this agenda item and in Ordinance 2010 -08 and provide direction to City staff as to whether the Commission wishes to repeal Ordinance 2010 -08, modify Ordinance 2010 -08, or leave the ordinance in place as it currently exists. ATTACHMENTS: A- Ordinance 2010 -08 Attachment " A " 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 ant 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. Acccssory buildings Shall (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 (f)(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 rip ncipal 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 prineiple principal structure. Sec. 6 -85. Accessory dwelling units. Accessory dwelling units ADUs) must conform to the following standards: Li a1 R -IAAA Single- Familv Dwelling Distr R -CI Single - Family Dwelling District R -IAA & R- I A One - Family Dwelling District R -1 One - Family Dwelling District Planned Unit Development District LcJ 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 that: W The ADU shall not be sold or conveyed parate from the principal residence-, Q The ADU is restricted to the approved size: residence: The ADU shall not be used for commercial purposes other than being, leased for residential purposes. Le) Number ofADUs Per Lot or Parcel. Only one (1) ADU shall be allowed for each lot or parcel. Lo Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located. (M Building Height and Stories. The ADU shall meet the building height regulations for the zoning district in which it is located. (W Lot Coverage. The sum of the principal dwelling and the ADU shall meet the lot 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 Other Code Requirements. The ADU shall comply with all applicable building codes. square feet is required and the principal residence shall be a minimum of 1,350 square feet of air conditioned area. W 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. Approvai Process. The conditional use /aesthetic review approval of an ADU is Sec. 6 -86. Sec: -6-$r Screen enclosures. Sec. 6 -87. Sec. 6-86r. Minimum setback requirements within PUD zoning districts. Sec. 6 -88. Sec -6.87. Temporary storage structures. Secs. 6 -89. — 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 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. (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 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, . 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 accesso 3y 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 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 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 Page 7 of 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. 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. 2 accessory building with storage capacity fbr not less than two (2) automobiles, the second floor of which is designed as a residence for not more flian one (1) fmnily.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. When a bungalow court i0s being considered, refer to a parcel of land devoted to the individual buildings in such bungalow court. City of Winter Springs Ordinance No. 2010 -08 Page 8 of 13 or otherwise used as a separate See Accessory dwelling unit. lcturf rried 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 (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 or as hereinafter DIVISION 2. R -1AAA SINGLE - FAMILY DWELLING DISTRICTS Sec. 20 -123. Conditional uses. There shall be no conditional uses within the R -IAAA 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; (32) Schools; City of Winter Springs Ordinance No. 2010 -08 Page 9 of 13 (433) 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 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: W One (1 ) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6 -85 0) Churches; (32) Schools; (4.3) 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 -1 AA and R -1 A One - Family Dwelling Districts except the following: City of Winter Springs Ordinance No. 2010 -08 Page 10 of 13 W 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 -IAA 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: a One (1) accessory dwelling unit ancillary to the principal dwelling maybe 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: Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior 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. i%' 4 ml e HN F. BUSH, Mayor Approved as to legal form and sufficiency for the Ci of Winter Springs only: A O A. GARGA 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