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HomeMy WebLinkAbout2013 10 16 Administrative Appeal Hearing Record Index to Record 1. Letter from Alison M. Yurko, Esq. to Randy Stevenson dated September 18, 2013 (with attachments) claiming proposed addition is an accessory dwelling unit 2. Letter from Randy Stevenson to Alison M. Yurko, Esq. dated September 20, 2013 finding proposed addition is not an accessory dwelling unit 3. Letter from Alison M. Yurko, Esq. to Randy Stevenson dated September 24, 2013 seeking administrative appeal 4. Corrective letter from Alison M. Yurko, Esq. to Kevin Smith/Randy Stevenson dated September 26, 2013 (with attachments) stating basis of administrative appeal 5. Resolution of Glen Eagle Community Association Inc. authorizing the home addition 6. Building Permit Application for home addition 7. Notice of Commencement for home addition 8. Winter Springs City Code Section 6-85. Accessory Dwelling Units 9. Winter Springs City Code Section 9-607. Residential Compatibility and Harmony Regulations 10. 2010 Florida Building Code—Residential: Section R202 Definition of"dwelling unit" 11. 2010 Florida Building Code—Residential: Section R302.3 Two-family dwellings 12. Winter Springs City Code Section 20-35. Administrative Appeals 13. Glen Eagle Unit II Plat 14. Plan Review Comments dated September 19, 2013 by Building Official Joseph R. Crum 15. Responses to Plan Review Comments dated October 7, 2013 by E. (Rick) Castillo, P.E. of RC Engineering, LLC 16. Van Smith Addition Plans dated September 8, 2013 17. Van smith Addition Plans updated on October 2, 1013 18. Winter Springs Ordinance No. 2010-08 Accessory Dwelling Units 19. City Commission Agenda Item 500 dated October 25, 2010 re: adoption of Ordinance No. 2010-08 Accessory Dwelling Units (with attachments) s ALISON M.YURKO, P.A. Attorneys at Law Alison M. Yurko, Esq. September 18, 2013 921 Bradshaw Terrace Orlando,Florida 32806 (C) 407-340-7043 (0) 407-426-9141 Via E-Mail (F) 407-426-0567 Randy Stevenson,ASLA, AICP Community Development Director City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Re: Determination that proposed Addition for Van Smith family located at 1689 Wingspan Way constitutes an Accessory Dwelling Unit Dear Mr. Stevenson: This letter will serve as a follow up to our conference of Monday, September 16, 2013. As I explained, I am a land use attorney working with Bob Holmes, who lives next to this proposed addition, and our review of the code suggests that this proposed use falls squarely into the definition of an accessory dwelling unit as set forth in section 6-85 of the City of Winter Springs Code (see attachment). I have also attached the proposed plan which shows an approximately 998 square foot addition with washer/dryer, multiple large closets, what appears to be 2 bedrooms, a Iarge "multi-purpose room" that opens up into a "wetbar" room", and a separate ingress/egress that opens up into a hallway that leads to the wetbar and multi-purpose room. I have also attached the electrical plan that shows multiple electrical connections for the wetbar. It was my understanding based on our conversation that you would be taking another look at this and contacting me on Tuesday of this week. Since I did not hear back from you today when I called I wanted to put into writing the points I mentioned on Monday. The City's website and Code clearly contemplate a conditional use process with public participation, recommendation by the City's Planning and Zoning Commission and ultimate decision by the City Council in these types of situations. While we are sensitive to the needs of an aging population, we would expect that the City utilize the conditional use process it has put in place for uses such as this so the impacts to adjacent neighbors are considered. That said, please consider this our objection to the proposed use, and in the event that you have made any determination and/or any permits have been issued either today or yesterday, please consider this an administrative appeal in accordance with the process outlined in section 20-35 of the Code (attached). We look forward to the City's response and thank you in advance for the opportunity to participate in this process. Very truly yours, l.. }L. Alison M. Yurko , cc: Anthony Garganese, Esq. (via e-mail) Kevin Smith, City Manager(via e-mail) Robert Holmes (via e-mail) Callan Law Firm, P.A. Sec. 6-85. -Accessory dwelling units. An accessory dwelling unit (ADU) is 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. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required setbacks of the principal structure and may be either attached to or detached from the principal dwelling. Accessory dwelling units(ADUs)must conform to the following standards: 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-1AA and 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. (d) Owner occupancy required; declaration of restrictions. 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 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 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; (4) 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; (5) 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 (6) The ADU shall not be used for commercial purposes other than being leased for residential purposes. (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) L t coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage egulations 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. of size, minimum; principal residence minimum. A minimum lot size of six thousand six hundred (6,600) square feet is required and the principal residence shall be a minimum of one thousand three hundred fifty(1,350)square feet of air conditioned area. (m) nit size, The living area of the ADU shall be a maximum of thirty(30) percent of the air conditioned area of the principal residence or eight hundred (800) square feet, whichever is less. However, the ADU shall contain no less than four hundred (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. (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 section 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 section 20- 36). ((q) Approval process.The conditional use/aesthetic review approval of an ADU is subject to public hearing. A notice will be sent to all property owners within one hundred fifty (150) feet of the subject_propecty. 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 teemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan (see section 20-27 and section 20-33). Sec. 6-86.-Screen enc€osures/rooms. (a) Definition, For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. The term "screen room" shall mean an enclosure consisting of walls of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar lightweight material. (b) Setbacks. The screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject property. Notwithstanding any other applicable rear setback requirement, the screen enclosure/room shall not be located any closer than seven (7)feet from the rear property line of the subject property. On lakefront property, no screen enclosure/room shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. DIVISION 1. -PROCEDURE; LAND USE DECISIONS Page 6 of 7 a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation,the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time,the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) In addition to the standard set forth in paragraph (a)above, all waiver recommendations and final decisions shall also comply with the following criteria: (1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will significantly enhance the real property. (3) The proposed development plan serves the public health, safety,and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. (6) The proposed development plan is compatible with the surrounding neighborhood. (Ord. No.2004-49, §2, 12-13-04;Ord.No.2010-09, §2, 4-26-10) Sec. 20-35. - Administrative appeals. f (a) Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official,can be appealed as set forth in this section. (b) Appeals shall be taken within thirty{3 days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal,the city manager shall schedule the appeal before the planning and toning bsrd and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. (c) The planning and zoning board shall be required to review all administrative appeals and make a recommendation to the city commission. (d) Upon receipt of the planning and zoning board's recommendation,the city commission shall make a final decision on the administrative appeal. If the city commission determines that the planning and zoning board has not made a recommendation on an administrative appeal within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (e) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review is supported by competent, substantial evidence; and (3) Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter. (f) The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall http://Iibrary.municode_com/HTML/12019/1eve14/PTIICOOR_CH2OZ0 ARTIIAD DIV1... 9/15/2013 A DIVISION 1. _PROCEDURE; LAND USE DECISIONS Page 7 of 7 have all the powers of the officers from whom the appeal is taken. (Ord. No. 2004-49, §2, 12-13-04;Ord. No. 2010-09, §2,4-26-10) Sec. 20-36. - Expiration of conditional use, variance and waiver approvals. (a) Any conditional use, variance or waiver approved by the city commission under this Division shall expire two (2)years after the effective date of such approval by the city commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the city within said time period. Upon written request of the property owner,the city commission may extend the expiration date,without public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months,the conditional use, variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health, safety,and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired conditional use,variance, and waiver previously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use,variance, and waiver permit that does not comply with the provisions of this section and to require the property owner to reapply, under current circumstances,for said permit should the property owner desire or need said permit. (Ord. No. 2004-49, §2, 12-13-04) • Secs. 20-37-24-50. - Reserved. http://library.municode.com/HTML/12019/level4/PTIICOOR_CH2OZO ARTIIAD DIVI... 9/15/2013 ? 6, CITY Y OF�R.SPPR1N ,FLORIDA r 1 126 EAST STATE RQAD 434 kCirztOli WINTER SPRINGS,PLO fDA 3270.2799 Vaptione(4Q1)3274600 Community Development September 20,2013 Alison M.Yurko,PA 921 Bradshaw Terrace Orlando,FL 32806 Dear Ms. Yurko: The Winter Springs Community Development Department has received a permit application and plans for an addition at 1641 Wingspan Way,Winter Springs,FL 32708. On September 18, 2013, we received your letter stating your client's objection to the City permitting the application without first receiving a Conditional Use for an Accessory Dwelling Unit under the City Code. Staff has thoroughly reviewed your client's objection in light of the permit application and plans under review. This letter is to inform you that the Community Development Department disagrees with your client's objection. Our administrativ-e of the plans,as suhiiitted, shows that the project is a home addition that includes a multi-purpose playroom, guest bedroom, hathroom and laundry room. The applicant has not requested a permit for an Accessory Dwelling Unit. In addition, the plans do not meet the requirements or the definition of an Accessory Dwelling Unit and will not be classified or permitted as such. Therefore,there is no need for a Conditional Use hearing because the addition is not an Accessory Dwelling Unit. Our determination has been based upon the plans sabmitted and applicable City codes including, but not limited to,Sec.20-33(d)—Condition:Uses arylt Sec.6-85 ry-Atessory Dwelling Units. Please let us know ifyçu need additional information or if we may be of further assistance. 'Sits . .. , elk Community Development Director cc: Kevin L. Smith,City Manager Anthony Garga.nese,City Attorney Joseph Crum,Building Official I € E ALISON M.YURxO, P.A. Attorneys at Law Alison M. Yurko, Esq, September 24, 2013 921 Bradshaw Terrace Orlando,Florida 32806 (C) 407.3407043 Via E-MMMail (0) 407-426-9141 (F) 407-426-0567 Randy Stevenson, ASLA, AICP Community Development Director City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Re: Administrative Appeal of Determination that proposed Addition for Van Smith family located at 1689 Wingspan Way does not constitute an Accessory Dwelling Unit Dear Mr. Stevenson: Thank you for your letter of September 20, 2013 in which you determined that the proposed accessory use referenced above is not an accessory dwelling unit. As I had explained in previous correspondence, I am a land use attorney working with Bob Holmes, who lives next to this proposed addition. Please consider this letter an administrative appeal of your determination that this is not an Accessory Dwelling Unit, in accordance with the process outlined in section 20-35 of the Code.(attached). Note that we have copied the City Manager on this correspondence in the event that he is considered the Land Use Administrator under the code. In support thereof; we note that this proposed use falls squarely into the definition of an accessory dwelling unit as set forth in section 6-85 of the City of Winter Springs Code (see attachment). I have also attached the proposed plan which shows an approximately 998 square foot addition with washer/dryer, multiple large closets, what appears to be 2 bedrooms, a large "multi=purpose room" that opens up into a "wetbar" room", and a separate ingress/egress that opens up into a hallway that leads to the wetbar and multi-purpose room. I have also attached the electrical plan that shows multiple electrical connections for the wetbar. The City's website and Code clearly contemplate a conditional use process with public participation, recommendation by the City's Planning and Zoning Commission and ultimate decision by the City Council in these types of situations. We would expect that the City utilize the conditional use process it has put in place for uses such as this so the impacts to adjacent neighbors are considered. Having a two family use of a single family home has impacts above and beyond that typically found in a single family residential neighborhood, such as additional cars, and in this case, apparently also a motorcycle. There are numerous other residents in the Glen Eagle neighborhood that share Mr. Holmes concerns about this use, as well concerns about the type of precedent that this could set in their neighborhood and throughout the City. We look forward to the City's response and thank you in advance for the opportunity to participate in the administrative appeal process. Very truly yours, 011 464) Alison M. Yurko cc: Anthony Garganese, Esq. ( All via e-mail) Mayor Charles Lacey Commissioner Pam Carroll Kevin Smith , City Manager Robert Holmes Joe Crum, Building Official DIVISION 1. -PROCEDURE; LAND USE DECISIONS Page 6 of 7 a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time,the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) in addition to the standard set forth in paragraph (a)above, all waiver recommendations and final decisions shall also comply with the following criteria: (1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will significantly enhance the real property. (3) The proposed development plan serves the public health, safety, and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. (6) The proposed development plan is compatible with the surrounding neighborhood. (Ord. No. 2004-40, §2, 12-13-04:Ord. No. 2010-09, §2, 4--26-10) Sec. 20-35. - Administrative appeals. ?' (a) Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. (b) Appeals shall be taken within thirty(30)days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the planning acrd zoning board and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. (c) The planning and zoning board shall be required to review all administrative appeals and make a recommendation to the city commission. (d) Upon receipt of the planning and zoning board's recommendation,the city•commission shall make a final decision on the administrative appeal. If the city commission determines that the planning and zoning board has not made a recommendation on an administrative appeal within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (e) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review is supported by competent, substantial evidence; and (3) Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter. (f) The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall http://library.municode.com/HTML/12019/levc14/PTIICOOR CH2OZO_ARTIIAD_DIV 1... 9/15/2013 DIVISION 1. -PROCEDURE; LAND USE DECISIONS Page 7 of 7 have all the powers of the officers from whom the appeal is taken. (Ord. No. 2004-49, §2, 12-13-04;Ord. No. 2010-09, §2, 4-26-10) Sec. 20-36. - Expiration of conditional use, variance and waiver approvals. 45 (a) Any conditional use, variance or waiver approved by the city commission under this Division shall expire two(2)years after the effective date of such approval by the city commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the city within said time period. Upon written request of the property owner,the city commission may extend the expiration date,without public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void, (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired conditional use,variance, and waiver previously granted by the city commission, It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to require the property owner to reapply, under current circumstances, for said permit should the property owner desire or need said permit. (Ord. No. 2004-49, §2, 12-13-04) Secs. 20-37---20-50. - Reserved. http://library.municode.com/HTML/12019/level4/PTIICOOR CH2OZO ARTIIAD DIV1.,. 9/15/2013 Sec. 6-85. -Accessory dwelling units. An accessory dwelling unit (ADU) is 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. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required setbacks of the principal structure and may be either attached to or detached from the principal dwelling. Accessory dwelling units(ADUs) must conform to the following standards: 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-Cl Single-Family Dwelling District R-1AA and 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. (d) Owner occupancy required; declaration of restrictions. 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 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 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; (4) 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; (5) 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 (6) The ADU shall not be used for commercial purposes other than being leased for residential purposes. (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. ThLt coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage egulations 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.D,) of size, minimum; principal residence minimum. A minimum lot size of six thousand six hundred (6,600) square feet is required and the principal residence shall be a minimum of one thousand three hundred fifty(1,350) square feet of air conditioned area. (m) nit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air conditioned area of the principal residence or eight hundred (800) square feet, whichever is less. However, the ADU shall contain no less than four hundred (400) 1 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. (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 section 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 section 20- 36). ((q) 'Approval process. The conditional use/aesthetic review approval of an ADU is subject to —'a pu$}+e--hearin . A notice will be sent to all property owners within one hundred fifty 9 (1 50) feet of hebject 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 section 20-27 and section 20-33). Sec. 6-86.-Screen enclosures/rooms. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. The term "screen room" shall mean an enclosure consisting of walls of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar lightweight material. (b) Setbacks. The screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject property. Notwithstanding any other applicable rear setback requirement, the screen enclosure/room shall not be located any closer than seven (7)feet from the rear property line of the subject property. On lakefront property, no screen enclosure/room shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. '• ky` pill --+�: = l }: r _f 4- I ._- -- c. -7 - x✓ _"'- te; r.-..7 F�y F _L° - } S, i� S� . F -- 1 - _ --- l - . _> y r e-- .-'1 Sr ..at. -- . "'-='''.,'.:-;,,,.,..."'-'74."9,',1r,”/..'=:.--47,-;-,.: t _•..a- „ �'C�k ,-. 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" - z X x t- �.X -u -��^ r �� s^,E - t r _ ir. f,--7s A 4-s± . x s^� e - � 2... - ' _ ate - r "T . � y's � : ' ^c _ '" tY�kr 5 b�Vi om ; 1 r -`sx�- C -. = . - >•F� y-. s � � y -_ 3 ' ^ _ I - t ..'-9 ".,xw s..11-e- � �- n, - � i i .- t; �^"WL t '�: 3 a"�,;gM _ ' •r ,a- " �za , :f ,3. -n s z i4 ;;- 1 i - Sr .2-- . ,T„ s- 43 :wms_...._..a - K - - L "," _ -- 4 _E-' - - —a nom. _ ._ i,?, I e 1 I -w sL' Fc ' .F er_ Y� :.„1: f , �,,7 _ � s , ^u ��T v�-rr , rt 4:-:•_a -�x ..T e 1 ' 1 - — - ALISON M.YUTWO, AU:0meg?.t:Law Alison M.Yufko.,Esq. September 26, 2.013 06atighthv-Teri-ate Orlkniitk 28o6 (C) 0....44.410 to)4 -.7-410,-n..41 Q742610567 Kevin Smith lviarigger City of Wiotio$privia$ 1126 at git 04 Winter Springs,FL 3-270a Re: AdrtliniSto-fiVe APPetl Of Dettilninalkiit that proposed:Addition fox Van Sin& • family located at1691 Wingspan Way dies not cOttstitute 40-Accessory DweThitg Unit Dear Mt.Stevenson: This letter will serve as follow up to my correspondence of September 24, 2013 to Randy Stevenson_ 1-understand that to Matter will be sohedulpd for hearing before the Planning and Zoning U-rramissinn and the City examoil. We ere appealing the detettilinittitn made by the kg* Stoteasort Oa September 20, 2013 that the topased additim at lel Wingspan Way 4 not motittate art accessory Note The prior letter had n erroneous refitotce in the,subject rite to li6S9 Wingspan Way which should be 1631 Wiriggpti Way, Jri =wort thpmf,We note,that this prop : n.50 squarely into the definition a an Atoessory dwelling unit as set forth in section 6-g5 of the City a'Winter Springs Code (see atoe1litoet4 I have gisty,mulche&l the potasect plan which sitOM an approximately 998 square foot addition with washerkifyer multiple largo closets, What appears to be 2 boilmojim, a Int. ' multi-purpose room that opens!.lip into a %Ytiblae mord', and a separzte ingress/egress that opens up into a hallway that leads to the wethat And multi-purpose Worn, I bave also ittgehed: the electrical plan that shows tatalpWpiectrica qmnettions for the wetbat: The City's:websiTe and Code dearly cOnt6mlatt. eikiditional use process with public Dartiehittibt, reedratnendatiOn by the City's Planning aad Zoning CarankiSsiOn and ultimate decision by the Qty CPO-di in these typos a situations We Would expect that the City utilize the conditional use process it lus put in place for uses such as this- so,the impacis to adjacent neighbors are•wnsideredl. ll'avitt a two family use of a single family mnee:Ws;itvaets above , . and boyund that typically found in a itlf.gle family residential neigbbothood„ such as additional earo; and in this case, apparently also a rnototeyele. There are natnettitiS other residents in the ten Egle.neighborhood that share Mt.I-Utiles concerns about this uae,as well concerns about tht type.of precodett that This Could set in their neighborhood and throughout the City_ Thank you in ffciv.attce far th opport-unity to participate: in thy adinioistrative appeal Very truly yours;. (14-0/4";-,,,i' 04f- eti4e4fail""• 17.Yfiq.Cin Yurko Anthony Gstgan•se, Esq. ,A1/Via c-rnail) Mayor Charles Lacey Commissioner Pam Carron Kevin Smith City Manager Robert Holies Jo0 Crtnn,81410114 Offici4 DIVISION I.-PROCEDURE;LAND USE DECISIONS Page 6 of 7 ',- . [2. r,.ir • a written recommendation to the city commission.Such recommendation shall include the • reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation,the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time,the city commission may,at its discretion,consider an application without the planning and zoning board's recommendation. (d) In addition to the standard set forth in paragraph(a)above,all waiver recommendations and final decisions shall also comply with the following criteria: (1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will significantly enhance the real property. (3) The proposed development plan serves the public health,safety,and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, • • impossible, impractical,or patently unreasonable result caused by the applicable term • or condition under this chapter. (6) The proposed development plan is compatible with the surrounding neighborhood. (Qrd.NO.2004-49,§2, 1243-04,,c]rd.No_2010-09,§2, 4-2640 Sec. 20- . -Administrative appeals. e (a) Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official,can be appealed as set forth in this section. (b) Appeals shall be taken within thirty,(30)-days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision,applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal,the city manager shall schedule the appeal before the planning art 2oning.bgardand transmit all documents,plans,papers or other materials constituting the record upon which the action appealed from was taken. (c) The planning and zoning board shall be required to review all administrative appeals and make a recommendation to the city commission. (d) Upon receipt of the planning and zoning board's recommendation,the citecommission shell make a'final decision on the administrative appeal. If the city commission determines that the planning and zoning board has not made a recommendation on an administrative appeal within a reasonable period of time,the city commission may,at its discretion,consider an application without the planning and zoning board's recommendation. -(e) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review Is supported by competent,substantial evidence; and (3) Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter. (f) The city commission shall have the right to reverse or affirm,wholly or in part,or may modify the order,requirement,decision or determination as ought to be made,and to that end,shall http:illibrary.municode.comIH"I'ML11201911eve1 IIHCOOR CH20Z0 ARTIIAD DIV1... 9/l 5/2013 DIVISION 1, -PROCEDURE;LAND USE DECISIONS Page 7 of 7 have all the powers of the officers from whom the appeal is taken. (Ord. No_ 2004-49.§Z 1243-04,;Oro'.No_2010-09, §2,4.26-10) Sec. 20-36.-Expiration of conditional use,variance and waiver approvals. t# (a) Any conditional use,variance or waiver approved by the city commission under this Division shall expire two(2)years after the effective date of such approval by the city commission, unless a building permit based upon and incorporating the conditional use,variance,or waiver is issued by the city within said time period. Upon written request of the property owner,the city commission may extend the expiration date,without public hearing,an additional six months,provided the property owner demonstrates good cause for the extension. in addition,if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued For a period of six months,the conditional use,variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance,or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner.The city commission finds that these unexpired permits may now be detrimental to the public health,safety,and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore,the provisions of this section shall apply retroactively to any unexpired conditional use,varianc:e,and waiver previously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use,variance,and waiver permit that does not comply with the provisions of this section and to require the property owner to reapply,under current circumstances,for said permit should the property owner desire or need said permit. (Ord.No. 2004-49.§2, 12-13-04) Secs. 20-37-211~50.- Reserved. • • • http.11 iibrary.muxricode.ConnAITMLC120I911eve141PTECOOR CH2OZO_ARMAD DWI._ 9/15/2013 J e owe- se Sec.a-85.-Accessory dwelling units. • An accessory dwelling unit (ADU) is an ancillary Of secondary dwelling unit that is clearly subordinate to the principal dowelling,which has a separate egressfingress 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. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required setbacks of the principal structure and may be either attached to or detached from the principal dwelling. Accessory dwelling units(ADUs)must conform to the following standards: 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-Cl Single-Family Dwelling District R-1AR and 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. (d) Owner occupancy required; declaration of restrictions. 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 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 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; (4) 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; • (5)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 (6)The ADU shall not be used for commercial purposes other than being leased for residential purposes. (e) Number of ADUs per lot or parcel Only one (1) ADU shall be allowed for each lot or parcel_ (t) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is boated. (g) Building height and stories_ The ADU shall meet the building height regulations for the zoning district in which it is located. (h) t coverage.The sum of the principal dwelling and the ADU shall meet the lot coverage ulations for the zoning district in which they am boated. (1) Parking and access. A minimum of one (f) 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 shalt be served by the same driveway as the principal dwelling. (i) 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. I) of size, minimum;principal residence minimum.A minimum lot size of six thousand six hundred (6,600)square feet is required and the principal residence shall be a minimum of one thousand three hundred frfty(1,350)square feet of air conditioned area. (m) nit size.The living area of the ADU shell be a maximum of thirty(30)percent of the air conditioned area of the principal residence or eight hundred (804) square feet, whichever is less. However, the ADU shall contain no less than four hundred (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. • (n) Design. The ADU shall replicate the design of the principal dwelling by use of similar. exterior wait 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 section 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 law the interior of the tat 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 section 20- 36). . (� /?ipprovat process.The conditional uselaesthetic review approval of an ADU is subject to a eieblie-heartrig. A notice will be sent to all property owners within one hundred fifty (150 feet of je rnparty. An ADU will not be approved if prohibited by the declarations, covenants, conditions and restrictions of a homeowners'association..The city commission may irsipose reasonable conditions of approva(to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other - applksble provisions of the city code and comprehensive plan(see section 20-27 and section 20-33). Sec. 6-86.-Screen enctosuresfrooms. - (a) Definition. For purposes of this section, the term "screen'enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. The term "screen room" shall mean an enclosure consisting of walls of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar lightweight material. • (b) Setbacks. The screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject property, Notwithstanding any other applicable rear setback requirement, the screen enciosure/room shall not be located any closer than seven(7)feet from the rear property line of the subject property. On lakefront property, no screen enclosure/room shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. Melbelmsomiel . - RESOLUVIO] OF 114E BOARD Of DIRECTORS OF Gat!EAGLE,commuNnv ASSO CAM%INC. &WARDING the home addition at 11n span Way. WHEREAS the homeowner and the Association signed a-pr frt mediation agreement on May 13,2103;and WHEREAS a quorum ofthe Board of Directors of the Association(President,Secretary,and Treasurer)lepresepted the Association at the mediatim and MMEtitit.:5 the mediation agreernern committed the homeowner to ngtheconcret.e dTiveway and sidewalk at ----46...%:-Wingspartrwith-parous-paversTwr' WHEREAS the Directors present believed the pOrrotig Vie:&could.be implemented in compliance with all documents of the Association;and- likitiEREAS.opon further:research hythe homeowner-,Board of directors and AIM it was debemilned the outward appearance gpecthc requirements of installation:would not rneet-cencittion intho Association 4ocurnent;anti WHEREAS ilipan iittprectio-n of the actual indterial lay several of the Marti U DitectOrS arid MB it it g determined the paves did not fft with the accepted'style used in Glen Eagle; THEREFORE,for all the above reasons,the folictvirittgReolution is adopttd to prbvide clarityand e4anatiOn: itiow,lheref-ore,be it resolved,the Association will not require the owners at 1691 Wingspan Way to install porous peers as indicated in the mediation agreement of May 13,2013. The homeowner may continue with the home addition as approved by the Board at the July I 2D13 Meeting.The homeoWnec must submit a new AR application and •ogont the normal An process should they wish to It1I any type of pavers. t Dated this.af 4-rlay of T-1tjf . J2013. 'Ai_14441 Ar arcuck4 BrUtgilfe* Secretary,Olen Eagle Community Association,inc. ° Gr 1 ant Oresident Glen Eagle Community Association Vice President Glen Eagle Community Association ceri ft/LA RoieViVionroe Brenda Lambie Treasurer,Gan Eagle Community Association Director,Oen Eagle Cprnmunity Association (Fee Simple)Owner's Name t f Vri ) VfJSurVk_ Phone# r °"IOW Mailing Address f i � # �'' �� ;1� Construction Address 16'i ._? )] la Lot# Living sq.ft. 1St_ floor 1 Living sq. ft. 2°d_floor Living Other sq.ft._ s. Sq. ft. Of: Garage Entry Rear Porch Other non-conditioned Subdivision(LftjJEM,LE Zoning Section Township Range -t(1645.ct` PJ Company dame r c€6-e r ey JC @,<s'70 tt04E€ 4 ° Address t2 > ' ' ell [U 51.4-T . !Z 2_ Vt.6t 1 3Z7ia r Phone# 28te License# 1250:67 Expires WC Expires 4/ ;/k Bonding Company Address �g Architect/Engineer C Al�I sgo1 GI Address 2. 1( f E&KT IFL Mortgage Lender Address VO,I Work Description q� 5.F i [ 1 S7ii 16 �t4�, tea Electrical: Contractor, + to . Address /7&'I <ei W e r,cK i.�, L License# �.�3 Expires ` —/ Phone# 7'M e--4f/ 1/Amperage Work Description Amperage Voltage Phase T-Pole: Yes No Contract Amount$ gi Mcs sauical: Contractor ii itAITPDF.A4 APAW 1A Q Address kW dpi-Aielkifeig . 1=?... ' 2---708 License# }et9 t ,Expires Phone# 3 7Contract Amount$ Work Descriptions_ System Type EER SEER Plumbing: Contractor Pte°T 4) #t as Address (7ti, 1(464.(.5f,4 ere E t i i L S2Z,3 � License#0 IS7e/p Expires Phone# Contract amount$ g insv Work Description #of: Fixtures to be added Sewer Water Heaters Vacuum Breakers UG Water Drains Commercial Fixtures:As defined by 1994 Standard Plumbing Code Fixture Unit-Table 713.1 OTHER: Type Contractor Address License# Expires Phone Contract Amount: Work Description Swimming Pool Lot Grading Type: A, B, C, Other Will Fvictina T?rainap RP Alterer19 YPC Nn owner/Manager Phone# installer/Sign Co. Phone# Exigifg Sign(Y Description Proposed Sign Description Sipe of Sign X Contract Amount$ p:T pe of Sign Outdoor Advertisement(on-site) Construction Real Estate Outdoor Advertisement(off-site) Identification Other f f 1 Community Der Reviewed By Date: Approved: YES NO t / " Engineering: Reviewed By Date: Approved: YES .NO Fire Marshall: Reviewed By Date: Approved: YES NO Building: Reviewed By Date: Approved: YES NO EWARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOU PAYING 1 TWICE FOR IMPROVEMENTS Tn YnT m PR OPE+xlTv IF YOU INTEND TO OBTAIN FINANCING,IVG,LV'IVSJLT YOUR LENDER OR ATTORNEY BEFORE RECORDING A NOTICE OF COMMENCEMENT. APPLICANT; I CERTIFY THAT ALL THE FOREGOING INFORMATION IS ACCURATE AND THAT ALL WORK WILL BE DONE IN COMPLIANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND ZONING. I FURTHER UNDERSTAND THAT WORK MUST COMMENCE WITHIN 60 DAYS AND BE COMPLETED WITHIN ONE YEAR FROM DATE OF ISSUANCE OR THE PERMIT WILL EXPIRE. COMPLIANCE CERTIFICATION:I CERTIFY THAT THE POOL CONSTRUCTION WILL COMPLY WITH ALL APPLICABLE N.S.P.L DESIGN REQUIREMENTS AND THE POOL COMPLIES WITH SECTION 1803.1.3 OF THE €997 STANDARD BUILDING CODE. OWNER MUST SIGN ALL PERMIT APPLICATIONS. EXCEPTION: CONTRACTOR PROVIDE AN "OWNER SIGNED" CONTRACT OR A NOTARIZED POWER OF ATTORNEY, FROM THE OWNER, GRANTING AUTHORITY TO THE CONTRACTOR_ STATE OF FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE COUNTY OF SEMINOLE MI P it � . : SIGNATURE A Al � °`�--tl�-� SIGNATURE C I �.r (I'. ;,,er/Agent) (Coat: :ctor) The foregoing instrument was acknowledged The foregoing instrument w, ackna dg Before mkt is A,, day of ._r. +.--t-g. Befo e me ` dya'��of �t 20 V By V too.t. k r - l . A- 20 y�C� � b' 1' oy;te who is personally known to me and/or has produced who is personally known to me and/or has used \ �� \if5a5--P-13 -`1 5-0y-_6 as identificatioy id who did(, no-��/,CCa,,„e :i oath. as identfiiic r'on and it ho did(Aid not A e., •., No ! . it Notary ��� ��w , (sue _ f _ (seal) +,�Y►w ; l 1fit OA L. B U F 15 ' I0 ! e.-$ S EFHANIE LEVIN ':� ,r„ ,1 Commission#EE 1038 y * MY commisSN#EE 43488 ' ; .' a My Commission Expires , 4 ,,,$ EXPIRES February 11,2015 1 `tzriTe'y , August 01. 2014 _ _ �t THIS HIS ►ES1 1F =tktE!?FS f: . Name: �E_I1 Magi ii 1. . ,� . Address: 1�-e tlu .S fE ; RYA E MOR i EMINOLE COUNTY I1 eDo i FL. . 71o:•■-- CLERK OF CIRCUIT COURT & COMPTROLLER tlii @e119 pg 1323; (OR) CLERK' S It Lfa 1.31 16275 NOTICE F COMMENCEMENT Rt:t_.ONt)ED 04119/2013 12:08:41 Pt --- RECORDING FEES 1D. _ Permit Number: RECORDED gY H DeYore CIS Parcel ID Number: --.Z-1 --,', 1—e5e4— Clee0 (i1 . The undersigned hereby gives notice that improvement will be made to certain real property,and in accordance with Chapter 713;Florida Statutes;the i following information is.provided in this Notice of Commencement. 1. DESCRIPTION OF PROPERTY:(Legal description of the property and street address if available) 1.. CAC it A. ,Ii . 6, 4i i 2. GENERAL DESCRIPTION OF IMPROVEMENT: ouc' r - ci69 6,F +7,bx( -4C 6Y,i': /e 14 -1 / £ ( I h( 3. OWNER INFORMATION OR LESSEE INFORMATION IF THE LESSEE.CONTRACTED FOR THE iMPROVEME �r FL....- Name and address: eKtm4 mis.i6,it. k mot VI,We.14 14)141 r iill SP 1'Al ., . Interest in property: )a 4tit� " Fee Simple Title Holder(if other than owner listed above)Name: • Address: . 2/ 4. CONTRACTOR:Name: fir' �t�l�t� Phone Number._`407-&Z 3.-z-66 Address: ' © t:11Ffb } "^'V°-A41i 217—:lhs1 1 3.7741 6 . 5. SURETY(If applicable,a copy of the payment bond is attached)_Name: Address: Amount of Bond: 6. LENDER:Name: . Phone Number: Address: . . . . • 7. Persons within the State of Florida Designated by Owner upon whom notice or other documents may be served as provided by Section 713.13(1)(a}7.,Florida Statutes. Name: • Phone Number: • Address: 8. In addition,Owner designates . of :. . to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b),Florida Statutes.Phone number: 9. Expiration Date of Notice of Commencement(The expiration is 1 year from date of recording unless a different date is specified), WARNING TO OWNER:ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE - CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART 1, SECTION 713.13; FLORIDA STATUTES,AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT.MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. Under penalties of perjury,I declare th• • -•ye cad the foregoing and that the facts stated in it are true to the best of my knowledge and belief. (Sig hire of Owner or Lessee.or Owner's or Lessees (Print Name and Provide Signatory's True/Office) Arihorized Officer/D'srector/PartnerfMane er) State of County of l A - 3L The foregoing instrument was acknowledged before me this 1 _day of ,go 1 by 1--- /).,c--X (aS\P� r V'\ r [ . Who is personally own to me D OR `` Name of person making statement who has produced Identification it type of identification produced:V L \-- . ' . . --1. . --1.-5—6 —• . `t ' ', .. . . aVy?LI LINDA I.. SUFIS / 0:1 s� Commission it EE 1039 _ -- .✓ - AirAk i -..0 a My Commission Expires Notary mature ( •�r t ` ; R Sec. 6-85. -Accessory dwelling units. An accessory dwelling unit (ADU) is 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. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required setbacks of the principal structure and may be either attached to or detached from the principal dwelling. Accessory dwelling units(ADUs) must conform to the following standards: 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-Cl Single-Family Dwelling District R-1AA and 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. (d) Owner occupancy required; declaration of restrictions. 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 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 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; (4) 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; (5) 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 (6) The ADU shall not be used for commercial purposes other than being leased for residential purposes. (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. (I) Lot size, minimum; principal residence minimum. A minimum lot size of six thousand six hundred (6,600) square feet is required and the principal residence shall be a minimum of one thousand three hundred fifty (1,350)square feet of air conditioned area. (m)Unit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air conditioned area of the principal residence or eight hundred (800) square feet, whichever is less. However, the ADU shall contain no less than four hundred (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. (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 section 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 section 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 one hundred fifty (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 section 20-27 and section 20-33). Sec. 6-86. - Screen enclosures/rooms. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. The term "screen room" shall mean an enclosure consisting of walls of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar lightweight material. (b) Setbacks. The screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject property. Notwithstanding any other applicable rear setback requirement, the screen enclosure/room shall not be located any closer than seven (7)feet from the rear property line of the subject property. On lakefront property, no screen enclosurefroom shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. ARTICLE XII. -MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVI... Page 1 of 1 (ord.Na.2003-43 g 2,T.26-04) Sec.9-607.-Residential compatibility and harmony regulations. (a) It is the intent of this section to promote and protect existing residential developments by prohibiting additions,modifications and expansions of structures and buildings that are incompatible and not in harmony with the subject property and the surrounding neighborhood.These regulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill residential development projects on vacant lots within established residential developments. (b) Before any building permit is issued for the addition,modification or expansion of any building or structure on a residential lot,the city manager or designee shall consider and review the plans and specifications to determine whether or not the proposed addition,modification or expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood.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.Nothing herein shall be construed to prohibit a proposed addition,modification or expansion that significantly enhances the established character of other buildings and structures on the subject property and within the surrounding neighborhood in accordance with the review criteria slated above and commonly accepted architectural principles of the local community.The city manager is authorized to retain the services of a technical advisor on an as-needed basis. (c) If the city manager or designee determines that the addition,modification or expansion is not compatible and in harmony,the building permit application shall be denied on that basis.The applicant shall have the right to appeal the denial to the city commission.Said appeal shall be filed with the city manager in writing within live(5)calendar days of denial along with a tiling fee established by the city commission,Upon review of the appeal the city commission shall render a final decision on the issue of residential compatibility and harmony_All decisions of the city commission shall be considered final and shall be subject to appeal to a court of competent jurisdiction pursuant to law. (d) These regulations are supplemental and in addition to all outer applicable provisions of the City Code.To the extent that these regulations conflict with any other provision of the City Code,these regulations shall prevail and apply. (card No.2+507-21,§2,7-r-0") I_t`_l ft __11_ ____,rw-rm. r r+nn-I n/I____I'1 m•rrrr-,r1rvo nT Trir A TlT7 A nrrvrTW.rrn CI I nin PIA 1� DEFINITIONS areas of building components such as crawl spaces,floor-cell- to enforce the codes,as required by this part,which estab- �. ing assemblies,roof-ceiling assemblies and attics. li.sh standards for design,construction,erection,alteration, DRAIN.Any pipe that carries soil and water-borne wastes in a repair,modification or demolition of public or private build- building drainage system. ings,structures or facilities. • DRAINAGE FITTING. A pipe fitting designed to provide ENGINEER.A Florida registered engineer. connections in the drainage system that have provisions for EQUIPMENT. All piping, ducts,vents, control devices and establishing the desired slope in the system.These fittings are other components of systems other than appliances that are made from a variety of both metals and plastics.The methods permanently installed and integrated to provide control of envi- of coupling provide for required slope in the system(see"Dar- •ronrnental conditions for buildings.This definition shall also ham fitting"). include other systems specifically regulated in this code. DUCT SYSTEM.A continuous passageway for the transnais- EQUIVALENT LENGTH.For determining friction losses in sion of air which, in addition to ducts,includes duct fittings, a piping system, the effect of a particular fitting equal to the dampers,plenums,fans and accessory air-handling equipment friction loss through a straight piping length of the same nomi- and appliances. nal diameter. DURHAM FITTING.A special type of drainage fitting for ESCARPMENT.With respect to topographic wind effects,a use in the durham systems installations in which the joints are cliff or steep slope generally separating two levels or gently made with recessed and tapered threaded fittings,as opposed to sloping areas. bell and spigot lead/oakum or solvent/cemented or soldered ESSENTIALLY NONTOXIC TRANSFER FLUIDS.Fluids joints.The tapping is at an angle(not 90 degrees)to provide for having a Gosselin rating of 1,including propylene glycol;ruin- proper slope in otherwise rigid connections. eral oil; polydimenthyoil Diane; hydrochlorofluorocarbon, DURHAM SYSTEM.A term used to describe soil or waste chlorofluorocarbon and hydrofluorocarbon refrigerants; and systems where all piping is of threaded pipe,tube or other such FDA-approved boiler water additives for steam boilers. rigid construction using recessed drainage fittings to come ESSENTIALLY TOXIC TRANSFER FLUIDS.Soil,water spond to the types of piping. [ or gray water and fluids having a Gosselin rating of 2 or more DWELLING.Any building that contains one or two dwelling including ethylene glycol,hydrocarbon oils,ammonia refrig- units used, intended, or designed to be built, used, rented, erauts and hydrazine. • leased,let or hired out to be occupied,or that are occupied for EVAPORATIVE COOLER.A device used for reducing air living purposes. temperature by the process of evaporating water into an DWELLING UNIT.A single unit providing complete inde- airstream. pendent living facilities for one or more persons,including per maneut provisions for living, sleeping, eating, cooking and EXCESS AIR Air that passes through the combustion sham sanitation. bet-and the appliance flue in excess of that which is theoreti- cally required for complete combustion. DWV Abbreviated term for drain, waste and vent piping as used in co mmon plumbing practice. EXHAUST HOOD, FULL OPENING. An exhaust hood with an opening at least equal to the diameter of the connecting EFFECTIVE OPENING.The minimum cross-sectional area vent. at the point of water-supply discharge,measured or expressed in terms of diameter of a circle and if the opening is not circular, EXISTING INSTALLATIONS.Any plumbing system regu- the diameter of a circle of equivalent cross-sectional area.(This lated by this code that was legally installed prior to the effective is applicable to air gap.) date of this code, or for which a permit to install has been issued. ELBOW.A pressure pipe fitting designed to provide an exact EXTERIOR INSULATION AND FINISH SYSTEMS change in direction of a pipe run.An elbow provides a sharp turn in the flow path(see`Bend"and"Sweep"). (EII`S).EIFS are nonstructural,nonload-bearing exterior wall EMERGENCY ESCAPE AND RESCUE OPENING. An cladding systems that consist of an insulation board attached either adhesively or mechanically,or both,to the substrate;an operable exterior window,door or similar device that provides integrally reinforced base coat;and a textured protective finish for a means of escape and access for rescue in the event of an coat. emergency. ENFORCEMENT AGENCY. EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) WITH DRAINAGE. An EIFS that incorporates a Local enforcement agency.Means an agency of local gov- means of drainage applied over a water-resistive barrier. ernment with authority to make inspections of buildings and EXTERIOR WALL. An above-grade wall that defines the to enforce the codes which establish standards for design, exterior boundaries of a building. Includes between-floor construction, erection, alteration, repair, modification or E demolition of public or private buildings,structures or facil- spandrels,peripheral edges of floors,roof and basement knee walls,dormer walls,gable end walls,walls enclosing a man- . sties. sard roof and basement walls with an average below-grade State enforcement agency.Means the agency of state gov- wall area that is less than 50 percent of the total opaque and ernrnent with authority to make inspections of buildings and nonopaque area of that enclosing side. 2010 FLORIDA BUILDING CODE-RESIDENTIAL 2.6 BUILDING PLANNING each side of the wall or walls,or one layer of 5/g-inch(15.9 the ceiling shall also be protected by not less than tam)Type X gypsum board is installed directly beneath the 1/2-inch(12.7 tarn)gypsum board or equivalent. roof decking or sheathing,supported by a minimum of nom- thal 2-inch(51 mm)ledgers attached to the sides of the roof 3. Screen enclosure walls of insect screening with a framing members,for a minimum distance of 4 feet(1220 maximum of 25 percent solid flexible finishes. mm)on each side of the wall or walls. R302.3.1 Supporting construction. When floor assem- blies are required to be fire-resistance rated by Section 3. A parapet is not required where roof surfaces adjacent R302.3, the supporting construction of such assemblies to the wall or walls are at different elevations and the shall have an equal or greater fire-resistance rating. higher roof is more than 30 inches (762 turn.) above the lower roof.The common wall construction from R302.4 Dwelling unit rated penetrations. Penetrations of the lower roof to the underside of the higher roof deck wall or floor/ceiling assemblies required to be fire-resistance shall not have less than a 1-hour fife-resistive rating. rated in accordance with Section 8302.2 or R302.3 shall be The wall shall be rated for exposure from both sides. protected in accordance with this section. R302.2.3 Parapet construction. Parapets shall have the R302.4.1 Through penetrations.Through penetrations of same fire-resistance rating as that required for the support- fire-resistance-rated wall or floor assemblies shall comply ing wall or walls.On any side adjacent to a roof surface,the with Section R302.4.1.1 or R302.4.1.2. parapet shall have noncombustible faces for the uppermost Exception: Where the penetrating items are steel, for- 30 inches(762 mm),to include counterflashing and coping rous or copper pipes,tubes or conduits,the annular space materials.Where the roof slopes toward a parapet at slopes shall be protected as follows: greater than two units vertical in 12 units horizontal (16.7-percent slope), the parapet shall extend to the same 1. In concrete or masonry wall or floor assemblies, height as any portion of the roof within a distance of 3 feet concrete,grout or mortar shall be permitted where (914 ram), but in no case shall the height be less than 30 lle to the full thickness of the wall or floor inches(762 mm). assembly or the thickness required to maintain the fire-resistance rating,provided: 1t302.2.4 Structaral independence.Each individual town 1.1.The nominal diameter of the penetrating house shall be structurally independent. item is a maximum of 6 inches(152 mm); Exceptions: and 1. Foundations supporting exterior walls or common 1.2.The area of the opening through the wall walls. does not exceed 144 square inches(92 900 2. Structural roof and wall sheathing from each nnitz)' may fasten to the common wall framing. 2. The material used to fill the annular space shall pre- vent the passage of flame and hot gases sufficient to 3. Nonstructural wall and roof coverings. ignite cotton waste where subjected to ASTM E 119 4. Flashing at termination of roof covering over con- or UL 263 time temperature fire conditions under a mon wall. minimum positive pressure differential of 0.01 inch 5. Townhouses separated by a common 1-hour of water(3 Pa)at the location of the penetration for fire resistance-rated wall as provided in Section the time period equivalent to the fire resistance rat- R302.2. ing of the construction penetrated R302.3 Two-family dwellings.Dwelling units in two-family R302.4.1.1 Fire-resistance-rated assembly Penetra dwellings shall be separated from each other by wall and/or tons shall be installed as tested in the approved floor assemblies having not less than a 1-hour fire-resistance fire-resistance-rated assembly. rating when tested in accordance with ASTM E 119 or UL 263. 8302.4.1.2 Penetration firestop system. Penetrations Fire-resistance-rated floor-ceiling and wall assemblies shall shall be protected by an approved penetration firestop extend to and be tight against the exterior wall,and wall assem- system installed as tested in accordance with ASTM E blies shall extend from the foundation to the underside of the 814 or UL 1479,with a minimum positive pressure dif roof sheathing. ferential of 0.01 inch of water(3 Pa)and shall have an F Exceptions: rating of not less than the required fire-resistance rating of the wall or floor/ceiling assembly penetrated. 1. Afire resistance rating of l/z hour shall be permitted in R302.4.2 Membrane penetrations. Membrane penetra- buildings equipped throughout with an automatic sprin lions shall comply with Section R302.4.1.Where walls are kler system installed in accordance with NFPA 13. required to have a fire-resistance rating,recessed fixtures 2. Wall assemblies need not extend through attic spaces shall be installed so that the required fire-resistance rating when the ceiling is protected by not less than 5/5-inch will not be reduced. (15.9 mm)Type X gypsum board and an attic draft stop constructed as specified in Section 8302.12.1 is Exceptions: ci provided above and along the wall assembly separat- 1. Membrane penetrations of maximum 2-hour ing the dwellings.The structural framing supporting fire-resistance-rated walls and partitions by steel 3.16 2010 FLORIDA BUILDING CODE-RESIDENTIAL DIVISION L -PROCEDURE;LAND USE DECISIONS Page 1 of 1 Sec.20-35.-Administrative appeals. (a) Any final administrative decision regarding the enforcement or interpretation of this chapter,where it is alleged there is an error by an administrative official,can be appealed as set forth in this section. (b) Appeals shall be taken within thirty(30)days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker,date of the decision,applicable code provisions and the specific grounds for appeal.Upon receipt of the notice of appeal,the city manager shall schedule the appeal before the planning and zoning board and transmit all documents, plans,papers or other materials constituting the record upon which the action appealed from was taken. (c) The planting and zoning board shall be required to review all administrative appeals and make a recommendation to the city commission. (d) Upon receipt of the planning and zoning board's recommendation,the city commission shall make a final decision on the administrative appeal.If the city commission determines that the planning and zoning board has not made a recommendation on an administrative appeal within a reasonable period of time the city commission may,at its discretion,consider an application without the planning and zoning board's recommendation. (e) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review is supported by corn petent,substantial evidence;and (3) Whether the decision under review complied with applicable law,including a proper interpretation of any provision under this chapter. (t) The city commission shall have the right to reverse or affirm,wholly or in part,or may modify the order,requirement,decision or determination as ought to be made,and to that end,shall have all the powers of the officers from whom the appeal is taken. (©rd.be 2004-49,§2,12-13-04;Ord No.2010-09,§2,4-26-10) t+..__t17:' ..._M......__..,:.....7.. ,.,,....JLP-'r.,rr I Y'7ll ATDPTTC' (n.el7!l A17 TIT A TIT1,11 1(1/fl/`)fji'I 6 • ' �vw gm _wAP n�q. I a °�eg . �-s �„� C •.rw b 6 L E�^m' ey H&3 n °28 . sEn w- - wwu xyf E .u,fi !! 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D 0▪ 68-0 xs•e a. ° oe�°oe° .: ..pS A s. .._ _..ageN 1 -▪,._........°..°°pe_°or.$°°6r.s.6..°.._° m 0 ,0000-e.««1, xxrx it. ....x..,........,....,....__.......'.use .1°__ «�°•. ice, l' • . ...,.-M6 u..-1,----...1,«..1,w._....--_....C....@ IN — i .. • 4,04.7 R' oc.,,,......_,....„ ,..,,,,.., 71 t4 PLAN REVIEW COMMENTS September 19,2013 Job Address: 1691 Wingspan Way Applicant: Integrity Remodeling&Custom Homes, Inc. Phone No: (407)625-8286 E-mail: Fax: Design Professional: RC Engineering Phone No:(407)474-9181 E-mail: I have just completed the reviewing the plans and documents for this project. Please provide the following corrections,additional information or clarifications to the City of Winter Springs Building Division. 1. The code information under NOTE:and Structural notes on sheet 2 are incorrect. Please correct this information or remove it as it has the correct information under BUILDING INFO. on the same page. 2. Provide a floor plan of the existing residence. 3_ Provide a truss layout from the truss manufacturer. 4. Provide location of the Co2 detector on the electrical plan. S. Some symbols shown on the electrical plan do not appear in the legend. 6. Provide an elevation of the area across from the wet bar and identify all areas and indicate any other appliances that will be installed in the addition. 7. Provide a plumbing riser diagram and layout. 8. Provide a detail for the relieving arch for pipes going through or under the foundation. 9. Provide roof vent locations and roof/attic ventilation calculations. 10. Detail A-10.2 on sheet DTL-1 is labeled as Door Jam Detail however,it is actually a roof truss/rafter detail. 11. Provide State of Florida Product Approval information showing the allowable design pressures for the Pella single hung windows. 12. Provide State of Florida Product Approval information and installation details for the doors, soffits, roof vents,shingles and underiayment. This permit will remain on hold until all of the above comments have been properly addressed. Please provide two copies of all documents with the response to comments. If plan changes are needed the changes shall be identified by clouding and notes along with a response to comments narrative. You may contact me by email at icrum@winterspringsfl.com or by phone at(407)327-5974. Joseph R_Crum,CBO Building Official RC Engineering, LLC Ereng Residential, Commercial, Multi-Family& Renewable Energy Consulting Engineering October 7, 2013 City of Winter Springs Building Department Re: PROJECT: Van Smith Residence addition: BLDG T201302445 Dear Building Official: Please accept the attached as responses to comments on subject permit application: 1. The code information under NOTE:and Structural notes on sheet 2 are incorrect. Please correct this information or remove it as it has the correct information under BUILDING INFO. on the same page. RC resp: Conflicting references have been deleted. 2. Provide a floor plan of the existing residence. RC Resp: Per conversation with Jo Crum on 9/30/12.A full floor plan was not required. More details have been added to the construction set to identify appliances being installed. 3. Provide a truss layout from the truss manufacturer. RC Resp:Truss layout included with this submittal. 4. Provide location of the Cot detector on the electrical plan. RC Resp:CO2/Smoke detector combo have been identified on electrical sheet E-1 5. Some symbols shown on the electrical plan do not appear in the legend. RC Resp: Sheet E-1 legend has been updated to reflect all symbols. 6. Provide an elevation of the area across from the wet bar and identify all areas and indicate any other appliances that will be installed in the addition. RC Resp: Building section A-A on sheet 6 has been updated to show labels for refrigerator and microwave oven. Also, electrical sheet shows only 120V outlets in the area. RC Engineering, LLC 2381 Crest Ridge Crt,Sanford,FL 32771 407-474-9181 FAX 407-328-5397 Page 1 RC Engineering, LLC Residential, Commercial, Multi-Family& Renewable Energy Consulting Engineering 7. Provide a plumbing riser diagram and layout. RC Resp: Plumbing riser diagram has been added to sheet E-1 8. Provide a detail for the relieving arch for pipes going through or under the foundation. RC Resp: Detail D on sheet Detl-2 has been updated to show relieving arch pipe. 9. Provide roof vent locations and roof/attic ventilation calculations. RC Resp: Roof vent location and calculations have been added to sheet 7. 10. Detail A-10.2 on sheet DTL-1 is labeled as Door Jam Detail however, it is actually a roof truss/rafter detail. RC Resp:detail name has been corrected. 11. Provide State of Florida Product Approval information showing the allowable design pressures for the Pella single hung windows. RC Resp:Attached to this submittal. 12. Provide State of Florida Product Approval information and installation details for the doors, soffits, roof vents,shingles and underlayment. RC Resp:Attached to this submittal. If you have any questions or require additional information, please feel free to contact me. E. (Rick) Castillo, P.E. 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L r 1 SEES .S' O :.. : 4=, ,.._._.:, 2 ' 11■I II 1■1=121,,, on=„ ,=',;5=, ORki 4.T.4. ° -'",,g, ',.;.■1° r tho ,- ,V, -.1,-A .--....qg 5'!,t0 5 p, '-15 55,,:= a .1 cp 04 9 A a n ; n I .Z.X 2 X X 5 x. 1 1_, r, -, - !g• Lt..] , ,- u _ R ••=,.4 pi § 1 CO) ,,, t 0 iii..=.4=ZUKK 1,1•4 tr4P5Rit r N Z:11 All, :,i . 0 z. d6-101.1P-efo' VI b 1 0 6 g 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-IAA, 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 Page2of 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.Acc..ssury buildings shall E. • • 1 :ice • . • ■.• , • ! • , 1 • •, • •• ::• : • • • i :A . . • ., • I. . .• . . . ' .• • • • • . . 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(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 ( 113) of the air- conditioned sqpnAre 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-IAA& 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), Owner Occupancy Required:Declaration of Restrictions. 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 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 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; a) 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; () The deed restrictions shall only be removed with the express,written approval of the city, but shall la se uyon removal of the accessory unit; and (6) The ADU shall not be used for commercial purposes other than being leased for residential purposes. (el Number ofADUs Per Lot or Parcel. Only one(1)ADU shall be allowed for each lot or parcel. Setbacks.The ADU shall meet the front,side and rear yard regulations for the zoning district in which it is located. . ) Building Height and Stories. The ADU shall meet the building height regulations for the zoning district in which it is located. al 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. (), 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. f) 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. a 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. (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 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 See.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. 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. 6-85. Screen enclosures. * * * Sec. 6-87. Sec. 6-86. Minimum setback requirements within PUD zoning districts. * * * Sec.6-88. Sec. 6-87.Temporary storage structures. * * * Secs. 6-89.688—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 . -q 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 slut ci 1/4-atiiiE,anothe;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 atiikcout 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 6of 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 (I)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 Page7of 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 aprincipal 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)., * * * Bungalow court. _ • 1■r • 1 1 W u 1 1 • •• . a ■ '•' aU1 • U •w . • WWII S ' POI s 1 • i 1:1 PO 1' _ " • _ W I 1 ' • a \ 11 II . 1 1 1 :A fie * * 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. Aaraccessory building-with stutage capacity for i1ot less than two (2) fatnii*,See Accessory dwelling unit. Guest cottage. '': • •.1 .• • 1 . • . r • W r' +' 1 . 1 1 .1 ' 11 W ■.1 1 .1 ■ . II 'U 'W. r. ■ :, W P ■ II ■ • • W I I _• 1 • •1 W ' 1 1 1 ■ - I • -'7: O f 11 .1 W i 1 1: : :O ■ W W:1 •1 1 1 rW 1 1 .w , 141 . • 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. • ••• • •• • • W 1,• • i1 refer to a pared of land devoted to the individual buildings in such bungalow court. 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 HI. ESTABLISHMENT OF DISTRICTS DIVISION I. 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 (I) 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 1 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; (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. 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; (2+) Churches; (32) Schools; (4 ) 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 (1) 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:;. `3) 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: £ ).. 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 * * * See.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 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. HN F. BUSH,Mayor ATT r+ AND'/�-' ORENZO-LUACES,City Clerk 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 COMMISSIN AGENDA. ITEM 500 Consent Information Public Hearing X Regular October 25, 2010 Meeting t / 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-Cl;R-1AAA, R-1AA;R-1A; 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 1st 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 2nd Reading/Adoption Public Hearing Oct. 25,2010-City Commission Public Hearing for 2nd Reading/Adoption of Ordinance 2010-08 RECOMMENDATIONS: P&ZfLOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the P&ZILocal 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 ATTACHMENT.A liollogl ac e g tr iH3:8 gi41P1 S 1 Ea Jky-ir c�yt ce `m 'area Piz, * ahc a �aq� c7�`3° au"O�zum'<€3 ` is • ut� � ''.715i284,:04406!�Lrna-° _g 9 O '� LLllYp`-'W_ .ZkL c:�p Ut�a.a , `4° p e' Fi itJg-u - K -u-g 6-45 a e o E^°a-°a$.. a Mme 8 Q L �Cw• �'�a BMC[!6 aiµZ G `.' 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E EP _cfa LLCgifagy nei g}L-o a ' ' 44) P.46 Abt N Pi PM 15 Pig dataAl I $ `d- a, °.fix a4 =a gEu tMt c_� E O 1 iZic v F 441 ° a� •E° ysiga+ T3-J:-s '�'-a°f 3 '>°a ii - * :Id 6 a r m �n� Ile,f i3,� N! to EI'l z.0 Q Z3���;°�aS° 1 40lT' :71, - am� i Id 3�a2,q E..‘4 -a-c9 oan II3 D °0 Le TI - m. I JB 1 Saaalydrioite Extra I Orlando Sentinel Sundae,Oseatiber 3,uric REUNIONS Meroyckyahoo.com. Coco Bea Oviedo High School School CJ Etiglit I Class arr1976:A reunion is 1-2,2011.July1: NOTICE OF CHANGES TO - being planned For December, ering with Di,d October Details e 1 o2d3k415n6s7 @net- errs,cash tsar,L!1 scape.net, ry�s,tiscoaBaat THE CODE OF ORDINANCES Seminole High School Pavffion Family Class of 196¢6 pm.- Upcoming ming and gams AND ZONING CODE mldrttsjhtOct 8,Street Party, httpJ/gregorys Route 46 Road4is- TheEdgwrwa"i"1.1gll bea Ch'com,Jari CITE OF WINTER SPRINGS Dis- trict,4316 w State Road 46, Scitod Glaaa of 19 7 t A Facebook JBieri Sanford,$3o.RSVP with check reunion Is being planned for or Bob Craig,RI; by Sept_27,Details:Co1een April,2011.Details Mark • hoo.Com. NOTICE IS HEREBY GIVEN THAT Holley Jarrell,cmhjarrelt@ya- Rash,edgevrater71@gmaiLcarn. Jams Hist hoo.mm;Dayle Healy Bau- Willlaa>rafl Boone Nigh Class ofiv7'I THE CITY COMMISSION OF meister,daylebaumels- School Class of Met April being planned,1 THE CITY OF WINTER SPRINGS ter@gmaiLcom. 23-May 1,2011,Hotel Sonesta, at the Dr.James ®iahrap Moores Chats of Orlando.Details Louise Carter barfiood Centel PROPOSES TO ADOPT: 1980:Oct 8.9.Oct 8:8MHS Borsoi,407-841-0496,bond- Blvd.,Orlando.I Football,then Houston's restau- Iouise@hotmail.com. Broome-Moore: ORDINANCE NO.201Q-OB rant.7 p.m.to midnight Oct 9: Seahteees High • ms1o1698@c Matson&Jardin,430Wymore School Class of19Bl:June Mintaur AN ORDINANCE OF THE CITY COMMISSION OF THE Road,Attarnonte Springs, . 24-26,2011,!Daytona Reach. CITY OF WIN I EH SPRINGS, FLORIDA RELATED TO 407-862-4410 ext.122.Details: Details Miriam Smith,miri ACCESSORY DWELLING UNITS (°Af7t2'S'): AMENDING john@maisonjardln.com, -amsmtthOsbcglobal.neL October I Facebook'BMHS Class of80." CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR ApapkzHlgh School - BUILDING CONSTRUCTION STANDARDS FOR ADO'S; - Cfaeaesof1f976�1979:Ocr. : .�' .' `'' . - ' • AMENDING CHAPTER 20 OF THE CITY CODE TO ahs7oths: I.11trO dilC1t1g ' AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE ahs76t4tnr79C gmail cam, faccbook*Apopka High School R-1AAA, R-C1, R-1AA, R-1A AND PLID ZONING Reunion 76-77-7&74.• 1.redet1 k- H4O e1 DISTRICTS; AMENDING DEFINITIONS; MAKING Oak Ridge Clas High f1 !'tie' t)ri>,Sr/ar;�tE-I,t rS'iQ1 ' CONFORMING.AMENDMENTS TO CHAPTERS 9 AND 19; . ' School Claus 0!1970:Ocr. 15-16,Ventura CasntryClub, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 3201 Woodgate Blvd,Orlando. . ." ORDINANCES AND RESOLUTIONS, INCORPORATION Details Ken Dibble,Ken.Dib- . r •Did Oti' ble0ibmb.org;Bphir '1 , . INTO THE CODE, SEVERABlLITY, AND AN EFFECTIVE lips@cfl.rrcom. ,4 :sngielritisioil DATE.• �yWiil-ll``ia,/�mr����it�,,.��BBo/on High t ' •q °„ �, - 51i.S;is a'tgt ci Oct Tcanbei, . . PUBLIC HEARING' lumni corn.Bruce@Boone,4- ".,' ;I 4, 7 =In the belly"bu� , Bishop Moore High f ridsioiis;aria ii FOR FIRST READING school class o i 7s:oct ' r bleeding arftt i WILL BE HELD ON - 15-17.530 Oct.15,BBQ;7:101 p.m.Oct.16,BMHS football ' SIES st.igety game;7-11 p.m.Oct 17,Why • Not Lounge,Altamonte.Details CS iisu-"Y 1? Facebook BMHS class of 75. '. ..- '-` ':eidseiiencedin MONDAY, OCTOBER 97, 2070 Bishop Moore Cam- , ',Dr frederickHoover;. .iedtj are a tjnd AT 5:15 P.M. Ik High School Class of Al ' r1:,:..': "1-,: 'should_,,,- ss I 1945:Oct 16.Details:Marcos r. +....,','.i. - IN THE ::- ,`` 'Advance�ti Mtn OR SOON THEREAFTER f Sayago,mes62S@aol.mm. �� .'1.‘, '�' , •: ..:,;��' ' Seinlnoks High School !i; : f Spodalikts p COMMISSION CHAMBERS LOCATED AT Class*f1960:Oct.14 f.:. ..;P. _° WINTER SPRINGS CITY HALL. - Route 46 Entertainment Dls- :L' 'I' ~`-'Y.-'� 1126 EAST STATE ROAD 434 trlct,Sanford.DetailsTerry s ;, %f - :?Ex' � a={;k' WINTER SPRINGS,FLORIDA Griffin,terrylbk@gmatl.com; -,N' i it 11 rttitil !`iy5i1t1' 'silire' Fran Strickland Masse, tt o-,-- , •:,. .= •'•rfi J"7-1ittti 5ingJb li lifii'-'-'`,-_Jr n frnasse0ol@earthlinknet, �,,' ;-T_ ,_ r ,.,: -11; ;�; The proposed ordinance may be obtained by interested parties BdSrwatar High . ..L 4 Pa usri lc er Dr r'oavei- between 8 am. and 5 p.m„ Monday through Friday, at the -41;�`J-' 2": CI s Clerks Office,located at ngs, schoml awn of7970:Oct 5.- s�ii�ic#ict�'otisi�t'rFcs''&''F=�,�.-��,'� ;ry:- ty' 1126 E SR 434,venter Spri 22-23,Orlando.Oct 22:Home- r`• :; F;a �!i�t+Eo���"rl'`a'nl9"a�o_e-y, %�;k a��� Florida. For more information, call (407) 327-1800 1227. coming game at Edgewater .0° - y Fi s`�:' lw,,' football field,drinks after the InU:�l' `5 'arfa ,ati a Persons With disabilities needing assistance participate '� �' .L�-- ,1 .+P AFL"•'�4i �4x,".'_'i�-^•k•"'t-`.4-:.';`_••� meat Du re Cc ''''j.n • : -_V11.11 `7:�4F ,t.-C-:-1;4,9e -i in any of these proceedings should contact the Employee Oct 23:40th Reu b Dinner p.m. J' -;▪ `r.. ;f,xr;F' I;}?� ,�" , s a .-` Relations Department Coordinator,48 hours in advance of the Reunion,Pinner _1 i'�:l._J_ and Dance,Universi Club f„-i1- V' ill''''Mill. `l•' +'.`-'r meeting at{407) 327-1800, #235.This is a public hearing. ty ; 1tiii winter Park Ticket deadline is ;A',•.;4,��-';�;t.4'y' ter,,L',; -t•111-.r... , interested parties are advised that they may appear at the Oct.1.Details Debbie Haley, 1; 'IP' -'` ;" _,:' SIt ilr eb meeting and be heard with respect to the proposed ordinance. haieyb54@embargmail.corn. ,;, r''`-� '-` x{•. ,r'µci'6t-b-",.,"a:, . ., ;� ;`Ery If you decide to appeal any recommendation or decision made saanteeoia :ocr.2:ttool :. ..-'. ,g�„::°;1.-11-, . by the City Commission with respect to any matter considered Class of 19?'0:Oct azelb :., �DOLO �pir, 8�,-_ this meeting,you Will need a record of the proceedings.and Details Diane Wilson Hazeibak- 6 flori1i;tt'sp•od-Orladir -L,I �..ry%'`n er,407-314-2319,nan -' '` "-r tir;�-0' for such Iulrposes, you may need to ensure that a verbatim : .r I r'-';'''''''''''1'.i.:'° :-� 4— �gryygp,�.�, � record of the proceedings is made upon which the appeal is based. _.._ . . . . . ...... . . . • . . . • . - - - - .„ .'.. ... . • .'' - • - - • • ' • ' ‘-•' -.- isI ' '-7` '',63, -.1-'1,1Ph'.."' 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'2-..':::'..i. - ...:... . ". .-• ,;',-;„ .,.,,...ti•'‘,-,,I.CA2* : -'-'.:-.11,F.--k!''."-' .,,--.: .. . ....,--.- .,', . , ' ' , - . •'. ' ...:••::'.••:•:::•:-::...• .."-t:•q) V-, ' • :. - - : .:•-:...•!,-; ..--'1-"-1,..,.: v - '..-i-W.?1I ''.''•-::5:-• '' * .'" ..- '-:-... ' ' .• - T .: ,-.,.•-:,,,,:. ...,. T'r?:.-:"' ...:. . .. : ..' .:'. :''''"''''....•;'="'" " :.•' ,SL-V,,,Zit..4"- .',._b...5.t.174.;.ANUMIANCalct' 011)-08 •-...,.,,- . ... '''''r...-r ' :''''''' .. . -' ' . . .'''''-;" '''''' AN ORDINANCE OF TIK•OW-COMMISSION . .. '. '' • '----' ' OF THE CITY OF WINTER SPRINGS, FLORI7.. .e ' '':-. '' . ' - ' -.'''''• ' ' : rsi..- a',.% -,,,Tx'm& DA RELATED- TO ACCESSORY DWELLING UNITS CADVS7Y AMENDING'CHAPTER:6,0F THE CITY CODE TO PROVIDE FOR BUILDING_ . " 1.; ' :- , •: . : • .. - . - . .- •••,..:..;:..:-...: ..':.,:-•-••''.•••- .% ---'-ig-• 1:',. .,,,,,'"" CONSTRU.CTION •STANDARDS, FOR ADU'S; • ' ' ''' - . '-' ' ' . ''''''''''•"'*:''' • :AMENDING CHAPTER 20 0.OF THE,Crtrco, DE ,,:. 7 - w.,-*-o. 10-AUTHORIZE ADU'S:Aq- A CONDITIONAL- F14.04--i USE-IN THE R-1AAA, R-C1, R-1AA, R-1A AND 171 ' PUD ZONING DISTRICTS; AMENDING DEFI ... . .• ' ; `-',,kv.;';', NITIONS: MAKING CONFORMING -AMEND- . ' !"..'4-.1_.:''''"•••;,,,Iti,'Yr1; MENTS TO CHAPTERS:9 AND 19; PROVIDING • $41 for just . „.,,,,..,. . ,,,,:,,,,,.,,,,,, FOR THE REPEAL OF PRIOR INCONSISTENT , 3.•'•-•,•,,•70d ' ORDINANCES AND RESOWTIONS, INCOR- : PORATION INTO THE CODE, SEVERABILITY, ''7•:;-'''''''''''''' AND AN EFFECTIVE DATE • -.•:-,5-.-1-i :•..- ' .:,•,..:,,,..r.,:,..-...;,:...f.,. PUBLIC HEARING • • ...---:-.•:::•_:•_:•.:,, i , - T-'5.1`..i*. 4, ,,,,. .:-.'Ffm*,-0y,1 . '%-.*.,^CA eifiAMti',:.IY,_ ,":307),,t-,,LC‘127.fati,..'a.rg'7,4.,7,.e.=,,,,1 t:',.s.-4,,,,i,lt, ' - ... ' '..' . ' ':- FOR 2nd READING i ADOPTION ......:„.L ..i.z...,:g,„-• ...,41...i•I'4,„•=eri:At";:1,4*q:-f2-6•4t....sk','":•Zi..,,•,;;gM'ar)&:-7-.Ii•:=FP4P7-:*:Avv-I1-':-' WILL BE HELD ON i.ri,P.-,:',.4'1',:',,,r.,::-:..li,,,:,-:;•=,z.-... -.1,4,-tmi--,,,,,,,,f1R,,,..4,1,1&4•=1 ' -:,Verslm-•..g.);:•!,,,..,,:4- 25A*,..4.,.i '7'1' ''44'4'.'3"."4•4' ''':".-41:;'Tit'V''''''-1 ,12:3i2."'%.:N,:117.:,.:•FETj.i-kinz:::.s.t.t..;.g.t..1 -it.d,',..W.$. r' :.'-'.:?3.'r1-:.-17 !:.114.11.1. 44T"'-‘1L../ '''' '.0.4.''' W, MONDAY OCTOBER 25, 2010 .-A.,T,-.,4.•; gpiftkv-,I,•:-.-,,,,...4,+,,,*-A=1,0,1,,,,,,•§4-tievcrp:,,, ,..„..,--r -.:., i.,..,...••,,;:,..,,,,...,..,,..,,,,,,.,„...,,,..,,,„,„,, ... ,„,„ . ..--.,...:„..„,,,=.....„-,•. , -,,,,•- ,-,..-,—....,----- .-- -, y .•::n.!----, '1.,...?.4.:,,,PNaT1,-_,,,,w, ,,..,.,,,s4,,,,,,,,i1,k-..:4-.1gc,..ribirkvvg.4,,,,,oz.•:••,-•:-:,•• AT 5:15 P.M, • !:-„.-i;::01.- .P.V.,..,'4,,eivs,7.W-,Ntif% -to•...A.4xy-b, -rt,...;,b4,6'4:tw4,--4:1-= ..-,.i i-,.:- 4,,-,-v,....4,,,,.R..,..,,,t.v.- ,4,,,,r„.::%,-,_-41._, „0,...)„. -:,t.,-,w3,-.-•';',5-$1A'..$'''ille,f&''II ''' :•••r'. .'1211:: ''''4''..7P::: 1'l'..ij'44..1:::':,-:4r•'•7':',;1-1•,:;'1.,SV*V0:3144.41411,7&11.feril ;:i - OR SOON THEREAFTER IN THE . .,,,t.:1.0 wz,,,..mr,,,..... x,..,,,,..:=0.:,;:. •P‘igit.$...,SVO';'N:Kr71'W.$41"::'1,:fl. 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PtIt- '.# -' -,• "' 1126 EAST STATE ROAD 434 •.:4,,,,,k,..,,F*.;,44o.1*.,..1-..ir t',,,,,,„ , 'i- $.1-?,-,&-.,A0,-0,-.7.,%. ,-2i,,,,e0:41-“.4.''-- ' -- .;;:‘,..4iMV-i..4411WIPI l',4-g;trv.V,c- -•.i>*gi-,644 , -,ii)'...0,-', 26q,4%-e7c4.-'-c:,1-4'''':, WINTER SPRINGS,FLORIDA .i. --:,-.--`-'11■1'.1,,,41'"r."- ''' '..-+" ,.;.ov.,1-',';;..,.u....,......-.---- :::,-,e2....,,,.......,4,-.4-,,,_.$ r, .,?..o'1,3'.'.,„.;:::5!o:' 5,z. . ;-1:.!-,',!: : • si:g.'17 .4••%`'_"•-'-',,,4‘ 45:41;t4i, x•roes-:7-fq,,,,4,,,v.::.;,-;,;:: It •The proposed ordinance may be obtained by Interested ; ..4:.4?-.Z'Ae•:46.2?:... .:71.:P'11.A.i..a.,-krsi:.,,t1,,,L.----,4-9- ...;.'-,,,,,.e'-'...,.%_ .ti5,,,,,-;J4,,,- -,11' :::,":,::.:......:. parties between B a.m.and 5 p.m.,Monday through Fri- :." ff:',.' ' ''''.11;J--„•-,4,'"4 6 i11''''°-,,fAM: -''''''' t-- - ;;C":4:17P'''-'44:1'',' ' ''.; day at the City s Clerk's Office, located at 1126 E. SR .01,0 ::•- -.,,,J,:,- ,.„.- •.:.::•,,,,,L-, a , %-f.f.,...itfl..:... :*,.-F44.41,..----!r-t,-,,g.1471:i7:•:.-1-: '---,' 434,Winter Springs, Florida. For more information, call ."`",-,---,;;g:.":,14.- -,„.,,,:i7.,:,.7.. X.:4--. " %Y -.: (407)327-1800#227. Persons with disabilities needing 'I''''''• '.0441;c-*-Aiek.'1'*• •-'':,C4T!‘`-gi''.7,4;r-424%-'4t--.t,M.r.44' 'r_. , -,. - •-•;?w,-,:`;:'.- assistance to participate in any of these proceedings :,-t16'."-Illivi.-i-. 414-11it,-...-,,a.014,:t."-,;,A,,g.A.)4....:'0,-,;•-'-f-T:,.,_.L,P.4.4,71:14-.1, -- 1'le:i4N,„,k,,,,2,-.-:::, ) should contact the Employee Relations Department Ca_ - ,,,-,.4:6to.--A:-rAs.44,;i404i _17..t-i-,,,, „1....4.:,,Ligt,15'.; ordinator,48 hours in advance of the meeting at(407) .- --,-,-..v.,, -k- ' i.--,..v.:;-._.,1,-,t,..;.---„,c•--,..'-x-ij,--Ii.,—..,-;:,--,----;..-I'P'4.',..,7,-.'0,.A.,,P.),;63.6;,,ii'!---1: 3.27-1800,#236.This Is a public heating.Interested par- t' 'r: '"•._,- ,4'1"7'4,*.„' l'i.4.."7'',„iatc.ik.„10LLIttell.,,KA61,1%9:140,1: itsitkiv-r,a,•v--,4. 'hi. - 2.,)ZsbWe'- ties are advised that they may appear at the Tee rig ' -r d be h d 'th respect to the proposed ordinance. 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ATTACHMENT CITY OF WINTER SPRINGS,FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING SEP'T'EMBER 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 R,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 OE 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 13th, (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[ILocal 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`h, (September 2010) or the 22nd, (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 22nd or the 23rd (September 2010) would be a better date to give more lead time." Chairman Lacey asked the Board Members, "Is there any objection to the 22nd, (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 22nd,(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- IAAA,R-C1,R-IAA, R-1 A 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 §1 63.3177 1,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 Nan 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 strilccout 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-OS 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. IN • •A • ••. • I • ■• , • ■•• • •• , 1 • 1 •, ■ •• .. . , • / ,, • • • . ■•r. • • •. •• • .. ■ ■� • •' • •1 • ■• • • • -n .l • •• • • •IN• •• • II it• • ,• w • , • ,.. 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(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 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-1 AAA Single-Family Dwelling District R-CI Single-Family Dwelling District R-1AA&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 fd) 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)parldng 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_ () 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. fm) 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 W inter 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. 6-85. Screen enclosures. * * * Sec.6-87. Sec.6-86:Minimum setback requirements within PUD zoning districts. * * * Sec. 6-88. Sec.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 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 homes, . • . .• _ .I.' , • . • .. • . . Of Sec.9-391.3.Applicability and exemptions. (a) This division shall apply to all new construction within the city limits except the following: (I) 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. Forpurposes 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.2010-0S 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 buildingwhich 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,gazeboistorage building,cabana or bathhouse(used in conjunction with a swimming pool), or similar use. When an accessory building is attached to City of W inter 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 1l) 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). * * * ihengelow-eour t7 - 14111. • • "• • 1 • • VI • • •I1 1•11: Itl• • • •• 15 /' N1• ■ii ofI •1 • 1 •S • I .. •lam__••• s • ■ 1• • ■ , • 1 II •• •l r ••1 •S , • h i•; of�.Viilpivi 11YLLLb' ac,.oiri11noda S for-unc(f)-family. * * * 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. • • • 11 •• II • r_ . •. • 1 I S IS •• • • 1 • •• •■ V I I • 1■ • "•I • I I • • r • 1• • I .1 •• family:See Accessory dwelling unit. Guest cottage. • ■ _ • in• •.'11 1 I 1 . U • . / • • SI •k • • • II .1 1 1 • 11.1 I .111 .A IS 1 I f• •111 ■II■•, • • •i. 1 I • ■•IA I • • II .5 I • 1 ■• •• •I • II •1.1 ■11 ISIS . •1 III • ■•1 •. ' •• I A, S ■ • I./ ••• • • • •• .• IA • •• • • • • •• '�_.See Accessory dwelling unit. * * * Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including aprincipal building together with its accessorybuildings,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• • . ••1■: • •1 ■, • • ■•1 • • •.• 1 .1 • • •• • • II I• 11 • •1• ••1 ■I I I I 1 II • 1 •• •S• . * * * 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 ofwinter 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 detachedper 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, ( +) Churches; (32) Schools; (43) 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: a) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6-85; ( f) Churches; (32) Schools; (4 ) 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-IAA AND R-IA 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; +) Churches with their attendant educational buildings and recreational facilities..-i (12.) Public utility and service structures:, City of Winter Springs Ordinance No.2010-08 Page 10 of 13 (3) Schools77i (5 4) 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-lAA Single-Family Dwelling District and eight thousand(8,000)square feet in an R-IA 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-OS 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) Ones l)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&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. Thank you, Arn4rell, r Andrea Lorenzo-Luaces, MMC City Clerk City of Winter Springs, Florida ® 1126 East State Road 434-- Winter Springs, Florida 32708 St Telephone: (407) 327-5955 Facsimile: (407) 327-4753 email: aluacesOwinfersprinsfl..o�r Website: www.winterspringsfl..oj �- 'Tease onsi per t'ne environment be;ore printing this e r ail- 10/25/2010 .,:..:x,,f,`„`,C'C•y�,s'ar,.:rF„ .�.,.,s.,w.,;.,.,,., i :._.-: .t .....;i'1r.'•; . . .. m. ev_..:.s:. :: ......... .'.:�..^l:.0 �v.....".",.�...v:o':,.X„ .. 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A . : � f U. - artme�t c£ auxin air Urk Urban C� v lr r ri 'ltr�t=x.;=r�4 '• . .. .. �iIt, .-ran :• Offic cfi i�cv De eLopmer�t and Research 3r. e. £a >ti , ..::.. x;1,r 'iff. x`31x ,.......,..":':':1"', 11.'�•. •r karxal''kd.... ....x..:i,}:e:.A.., J,e+.J.. ..:I+..,I`a`�',..f�v':>"k::"vie"'Y:.:.,...e ...,:...',`. "l t:!viY::li;ik.`ri.-'_5.,...a'.,........:...:.:...:.:,.)>,-:fi... < -f� Visit PrD&R's website WWW.h.it d user.o rg to find this report arid 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 Iistservs; special interest reports, bimonthly publications(best practices, significant studies from other sources); access to public use databases., hotline I-800-245-2691 for help accessing the information you need. Accessory Dwelling Units: Case Study Prepared for: US, Department of Housing and Urban Development Office of Policy Development and Research Prepared by: Sage Computing, Inc, Reston, VA June 2008 The contents of tins report are The N e=ws of the coirti actor and do not necessarily reflect the vie ;s or policies of the tv. .Department of Housing and Urban Development or the L?- .Government.ent Table Contents introduction' 1 History of AI Us:. 1 Types of Accessory Dwelling Unit .................:...........4.,,......._.,,...., Benefits of Accessory Dwelling Uri . Examples of ADU Ordinances and Programs._.....,.,.......,..... Appendix A,. A-1 Appendix B .. .. .... .... B�l Appendix F ...,, -! I.UI '''"'""'"'""AccesseerDWeittrig' IntrodUctiOri housed between 20,000 to 30,000 secondary u.nits,•90 percent of which were built illegally:# Accessary dwelling:units (ADUs) .also referred to :as accessory apartments,second:units,or granny flats !n •response°to sut� rbanpravrl,increased traffic con- are additional living quarters on single-family lots that gestion, restrictive zoning,and thi' affordable housing are independent of the primary dwelling unit.The sepa- sho-rtage,community lea:dcrs began advocating a change rate living spaces are equipped with kitchen and bath- from the sprawling development pattern of suburban :room facilities*and can be either attached•or detached design to a more trraditlonal style Of planning.Urban from the main residence.'This case study explores how design movements,such as Smart Growth and New. the adoption of ordinances,with reduced regulatory Urbanism,emerged in the 1990s•to limit automobile restrictions to encourage AIDUs,can'be advantageous dependency.and improve the.quality of life by creat- for coriimunities. Following an.explana.tion of the various ing inclusive communities that provide_a wide range of se types of ADUs and their benefits,this ca study housing Choices. Botts design theories -focus on reforms provides examples of municipalities with successful ing planning practices to create housing.devopment ADU legislation.and programs, that is high density,transit-oriented,mixed-use,and. mixed-income through redevelopment and itafill efforts History. of ;In the late .197Ds to the 1990s,some municipalities. adopted.ADU programs to permit the rise and. construe- Development of accessory dwelling units can be traced. Lion of accessory'units.Many of these programs were back.to the early twentieth century,when they: were 4 not very successful;as they lacked flexibility and scope. comrm►ar1 feature in single-faintly housing_ , fter W� rid. Although a nurriber,of Communities still restrict level- Yar Than increased dematicl for housing led to a boorriti• op-Meat of accessory dwelling units,there is a,growing trig suburban population.C aractei-ized by large lots awareness and acceptance of ADUs as an inexpensive. And art:-emphasis on the nuclear family;suburban level- way to increase the affordable housing supply and opment.conformed to Euclidean-type zoning codes,a address illegal Units already in existences. .system t f land-use regulations that segregat: districts according to user. :Suburbs continued to be a;prevalent form of•housing development throughout the (950s and 196iis..The.rapid growth of suburbs reinforced the high demand for . lower-density development,and ultimately! led most � focal.jurisdictions to prohibit ADU•construction. In spite `� of zoning restrictions,illegal construction of ADUs,con- trnueid in communities where the existing_housing stock. ]E xL 333E S was,not meeting demand°Sari Francisco was one such c_.ommunity. During World War ll,the.Bay Area experi: enced a defense.boom that cre.at hr d f or ' i, � ��2 � workforce housing,resulting in a,large:numbe of littigtergrolfitOtidtgAiglikegjtatittilldiliOtrproalumangs illegally constructed second units. By 1960.Sari Francisco rimallgorsorroarterorrksimstorraimmirotermirmiroserstrame 'Municipal Research and Services Center of Wash:ington.Accessory()welting Units.October 1995,http:ll www,mrsc.orgfPublicat€ortsitextadu. aspx##tenant nsns.porration and Land Use Coalition,Accessory Dwelling Units,http://www.transcoalitiOn,otlflataessidwel/0 I.html#body, Transportation Research Board,The tam.of Sprawl Revisited, 1998,http.f%onlinepubs.trb.calliatilinepubsttcrpftcrp rpt_,39 pdf. San Francisco:Plahnlng and Urban Research:Assoeiatipri,Secondary UnI s_A PainletsW y to Increase the;supply of Noosing August ZOO 1;, hctp:If www.spur ergtncwsletters/OSO I,-pdf:: s,New Urban Newt,The Nero tlrbcnslm—An alternotive t.o modem,'automobile-oriented pionning and devetophlt,nt July:2bfi4. :http://www.newurbannews,corniAbout.NewUrbanisrmhtmf. r iling Units t epending on their lta atiart .relative to th r iinar•y swell- .44------1-44—,-----qk:' ' - - .ing unit,A.aUs can be classified into three categories: n- terior;attached,and detached. Interior Af Us are located 4fA 0 5 sNliv 1: W. ' -/". within the.prirnary d telling,and ar e ty sicall_y built through conversion of existing Apace,such as an actin ar basement. \ - 4,4,lt,00,0- lottirt,i7...;, . - Attached .DUs are living spaces that.are added on to the primary dv�eliing; The additional unit can be located to the. side or rear of the (arirria y structure. e,brat can also tae cctn- structed on top cif a.n attached garage.Detached AD Js qtr e .__,,, „at,,,,,,,..,„:„......z„.„7,..m.„..„..iptif,,.,,ez,vi.,i‘..4%.1 .4...::::,.!!:rj,..7:::,Le.'-::::!"...'::':''.:74-,:'ilt,itl,701.z..".",...:.,,..:(1::,.;i,i1,47,7,,!-;;:x.;:i.,!...,..F".:: structurally separate from the prirrrary dwelling:Tliey cart be constructed ratted aver existing accessory structu es,sr ich as a detached garage,or they can be built as rrrt that are separate from accessory and residential strractcrres. . € ,,i ._ Benefits of AccessorY ''Accessory dwelling units offer a va iety of benefits to ccrrr- it rrtranities,Thw help increase a comniuniay`s housing supply, y and since they cast less than a new single-F�tr Lily Itr�r�re on a a separate lrar,the are an .a#fordable housin o tiora for y_I 7 z . '- z �,�` r many low-and mcsdea ate-income r e relents. elderly andlor ; �s' . g g" }• disabled PCrsQCts whoa [llc�y wart t'� live close t4 family �py s a y xa members or car° grvers,errrpty rresters,'and young adults ' i # �,ri joist led Prag the.vvorltiorce „„nesters, convenient acrd affordable In ddiden to :increasing the supply of afford- ablehausin�;�4Dt.�s benefit hortiean�rs by praviding' _a" ti extra in income that can assist in mitigating increases in the cost of living. •Acrressory d i Ming units have other, advarrta es as well. They can b :designed to blend in wth the urroundin architecture, maintaining cortrpatibility.with established neighborhoods and pi°eser-vir g community character; - Furtherrrio€e,there is n rued to d velop new inftas p.ti - .: ' 4 lure,since. l U is cart be connected to i he existing utilities i of a primary dwelling:;?Bowing AD Us facilitates efficient. . use of existing he using stock,helps meet the demand for + �' alts native to month sr zoning chart es housing,and offersn r. l g that can significantly alter neighborhoods. k II-au ransportation and Land Use Coalition. Atlanta Regional . U.nnraitiss .ePs el ft.c essnry Dve.itirq t7irs.,August 201.7 bEtp://www.atlantareg ionairornldocume ts/ Accessory_ ibid_ Municipal Research.and Services Center of Washington. Examples of ADU must be provided for every accessory unit.The by-right accessory apartments must be located within the primary Or air-lance-5_ and Programs dwelling and are allowed on lots that are at least 10,000 square feet.The maximum gross floor area of a by-right The following section of the case study provides an accessory apartment is 1.000 square feet and the unit •overview of ADU ordinances that have been adopted by . cannot nave more than two bedrooms five communities from across the nation.To gain a wider understanding of ADU programs in practice,the five com- Intreased flexibility in the program has proven beneficial munities have been chosen to represent a diverse range of . to Lexington in the development of ADUs.According to geographic,demographic,and socioeconomic characteris- Aaron Henry,Senior Manner for Lexington,the town's tics with different land use and growth control policies. Housing Partnership Board is la.unching an education and outreach campaign for their ADU program to raise public Lexington, Massachusetts interest Lexington,Massachusetts is an affluent historic town, Santa Cruz, California located 1 I rniles northwest of Boston,with a population of 30,35S:°According to the town's 2002 Comprehensive Santa Cruz,California is a seaside city with a population of Plan,Lexington has largely exhausted its vacant unpro- 54,600;it is one of the most expensive dties in the country tected land supply and is a highly built-out suburb with less in which to live.In 2006,the median price for a single- than 1.000 acres of land available for new development.tl family home in Santa Cruz was $746,000,which only 6.9 Approximately 18 percent of the households in Lexington percent of the city residents could easily afford.'6 in spite are eligible for housing of some sort,and with a of the high cost of living,the city continues to be a desir- median home sales price of over$600,000,many residents able destination on account of its scenic location and prox- are being priced out of the housing market.la This limited , , imity to San Francisco and the Silicon Valley.Th.e location growth potential and strong demand for affordable housing of a campus of the University of California—the area's has led to the adoption of accessory apartment programs, largest employer—also adds to the demand for housing The town implemented its first accessory unit bylaw in in Santa Cruz.i7 Another contributing factor is the limited 1983,resulting in the construction of 60 units, in February amount of land allowed for development within the city's of 2005,Lexington amended its bylaws to improve the clarity and flexibility of its ADU progrart0 The town 4.t.iag-t-Mf±tijt .. .zsr--R:-,-tr:... -.7---7,-----'-=.--::::-.-------74.-- zz affirmed that the purpose of promoting ADUs is to -7.,-.. .-f4.3„=mr--..:E=Nro-a,w0i4:74.--c..:::-..,27-- . . ...,. .- .- ,77-11,. -:.7.-------*-.----':,.:Zfea.."2:Lw:=Z-;,--r..- increase the range of housing choices,encourage popuia- ',-.--:: :-21,:-zr;..1-,, -=',-....„4 -... .,::...,.:::...„,,.. - ..„0.i.K. .-:E3 tint ty,and promote efficient use of the housing „,,,t,:-. ..-737--'03--- -..--'--- ..-;..1:-..7.-::,:7,::: :,,,...4.:.7 s'•::"--,4':;::1. -.,..*-4 ..i7r--”' , .°- .,, ,,g'' supply while maintaining the town's charaCter. :;,,f,k',#;:TP.z-7-1 ."...*.it-fz:a::::::..,7m:;: .a.g1°:,.;-:•;g44,-,i-s-..:4„Wt: -Tiq' ,:.7 I.V.:^._,42.7. The amended bylaws reduce or eliminate minimum lot ,,.e,,,74,..,r,=:,:...,7,1C4, -,4,...-."-",Vat.f....E.*:',77::;.;.:',:ptz.z.f .gtt:I1,-1=-4."7.• -•:',.'"..::', '- '',-- ----:-..:, ,iyfEv&' ,,-- -;,'rir:7,41. ',« '' ''' ' ,7",.„--,--,,,,..7„ size requirements.allow ADUs'by-righe in homes built as ;f':.-:.:::.:.:. ..::.:, ,,.-A..:1,:w„,t .,..4*-7 recently as five years ago,and allow second units by special 1,,,.:..::'':::.:':.:. :7.73":.z...L:1,E„....-,1E• permit in new construction,or as apartments in accessory structures,The Lexington Zoning.Code allows two ADUs P.I.'prrt;7:"::,:.::::::r:::.:E.:-.:,,,:::: :::::::::.:::,-.:!.-:,....:N2c.,:i5zitripOti..,:;;:::.:.::::::: :-!::::::::::::::::i;;; per lot,provided the primary dwelling is connected to ..... ... ................................. .,..,..,.................. ..,, . .. . ..,..,.......„, ............,.............., .. . . .. ,,, . ...... , , . .. . . .... .....„....,.... ..... ,, .. ..... ...................,........, ..,...... ..... ............ ........„.. . .... .,. „,„........ . . . .. .. . .. . . , . .......„........,...... ......,.,. . . . . .........„............,................................,„......,....,„.„,.......................,......,..„..„......, .......„....•......'.... V.....t.....,........,./,.. -,......... ...3........,,....,,. ,.... . .,,, . I..,..,I. ........ .., ..... ..4...-. .. . . .... ...,. . . ........ ..„.,...,.. ...,......,,..,,.......i'..''...' ,/..,.......,................,/,., /... .,4.,..........,.......,..[., ...,II......,...,.2,„......„......,,,....,...,,,,,,..,.......,,,,,,,,....2.,,,........ '''.;4:1...)..:Z:'. .C.tISIZ ;ii :..;:!:.1..::::!;t. :7:r.k:06.";:;!:U.:.ca:,::;.;:i;k:',':.'t!'',.;'.■''24.''. .'':0:!:.' '.:' 74'..ii''.6•':':.i. ;■'..L:5.... .:':74 public water and sewer systems. allow abseil- tee ownership for two years under special circumstances, in addition,a minimum of one off-street parking space ...5....,..f.:,..:,:.:,...iL:,::.:;.:,..:.?,...pi::::.T.,-;:.,.:::.::-.MtV.::,-...:.-..,:,.:-,...,-,..:.:,„-.::ti.z.,,,,,,,..:7.-77 .::,.;:;.:,..,]. .-;,'•;„:.1:5.::5::•':',.:.:.: .:•:k:.,,i'........--.:-2..•.:ilikioftt.iiiiirRACINTI4Olaktiltricy.05,5 *.i,:-1,-::::...':..:::.,.:-.- ,....,.............._:„.......,.....,„.,.. :. .. .,.. ................ . '"U.S_Censtis 2000.WWW,CenSitS.gati. I.I Town of Lexington,Comprehensive Plan,2002.,httFiki.lexingtortma.usiflanning/CompPlan,htm. r2 Town of Lexington,Lexington Housing Strategy,October 2007,http://ci.lexington.ma.usiPlanning/Documents/ Housing%20Strategy%20(0ct%202007).pdf. "The Massachusetts Smart Growth/Smart Energy Tookit,Accessory Dwelling Units(ADLi,)Suburban Case Study,fittraiwww„rnass„pvienviri ii-lart_growth_toolkivpagesiCS-adu-lexington.htmi, See Appendix A i 5 ToW tl of Lexington,iittp://ci.lexington.rna.us„ 14 aty of Santa Cruz,http://www„ci,santa-cruz. s, ''Frect Bernstein,Granny flats for Cool Grannies,February 2005:http;i1wwwfredbernstein:coiniartitiesidisplay.osp?id=9 1. 3 greenbelt.In order to preserve the greenbelt while accom- In addition to the ordinance that regulates the develop- rnodating new growth,promotirig public transportation, merit of ADUs,Santa Cruz has established an ADU (level- and increasing the supply of affordable housing, the city opment prcigrarn with three major conwonents:technical adopted a new ADU ordinance in 2003. assistance,a wage subsidy and apprentice program.and an ADU loan program.'As part of the technical assistance ----------------- ---------------,,---7-•;-t program,the dry published an ADU Plan Sets Book that 1,-- I' ----- ' -,, , yar.. 1 contains des;gri concepts developed by local and regional r V7.4.ra, ' , , • , . - ' -L.- :-„,.. 4. • at criltects.noiTieownei s can select one of these designs t -1 i- EXiSfiguilt f....• '•....---- 1' - and receive permits in an exped m ited ariner In addition. -.., 1 4,,__, ,_,,, -., -.7- , , -, ,- -- ' .1, 1 , ',--,„.„,, the city offers an ADU Manual,which provides horneown- t ers with iriforrnatiori on making their ADU architecturally -r-------1-.- 'U'll: m..'-'1.-k3..-?.pt-I:eU I compatible with their neighborhood.zoning regulations I / / I 1 .......=-4........., -'------ -- .. ...a, 1 relevant to ADUs,and the permittin,g process. L -- -.---__ • '' '. . S ', 1 . frott.: vgjoyor gootitc oompuiRAtiottifitror Santa Crues ADU Development Program ba.s won numer- ;?,,i1;••::.:ViVi;ttiroilliiailiiidtatii6.11 ,4:::siiatiVi :: ., ous awards and has been'USed as a model by other Y.k.:f.;::::::.;i:Entii':::F:::::::",::;::,::: 4:k:i5:',:.21,. .,:;:ifT2i::::5...7.)4:=i7::: :'74;:%ii".. .:;%L.:::::::7 4,,...,.. ;:-.....,6: ..:44.,:,,,,--vv..,;e1.i,m-;.:,:,,,,,i5,,,,..::,.:A5.,,..i-,:-F.,,.€,,,,. .,:.-c:: ,,77,t,::.,Fij:Zir: :.:Aa .,:=--lic71,,i-,a. comninnitie5.According to taro! Berg,who is the housing• and community development manager for the city,an aver- This ordinance sets forth regulations for the location, age a 40 to 50 ADU pem-iits have been approved every permit process,deed f-estrictions,zoning incentives,and year since the start of the program.She attributes the design arid development standards for ADUs.Accessory program's success primarily to zoning changes.that were dwelling units are permitted in designated residential zones adopted to facilitate development of ADUs,such as the on lots that are at least 5,000 square feet in area.No more elimination of covered parking requirements. than one ADU per lot is allowed and the property owner must occupy the primary or accessory dwelling unit.ADUs p •r, „ tland Oregon that do not meet the permitting reqtilrements stipulated °- in the ordinance milst undergo a public hearing process_ With a population of approximately 530,000.For Development fees are waived for ADUs made available for ' ' is the most populous city in the State of Oregon,and is low-and very-low-income households.16 noted for its strong land use control and growth manage- ment policies.Although Portland has had an ADU piogi-am • • 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 with , , . ,, __ ... •'' -1 ADU all residential zones witn relaxed uevelopment standards. GROWTH E -F---------+ - - - --- - ' , P 1 d' regulations permit construction U 3•11 -i _,, , _ . I .,..,.,..-,,, .,. or-t an s regu ations permit the construction of ADUs on - - - - 1 0410 Cmatter lots with a single-family home,as long as they are smaller, pvt,i,ttitotAiii ..„,„, 1 xii Lull Cfigaw 210&jaw, supplementary to the primary residence,arid no more - - I "---0 oots J than 800 square feet''They can be created by convey ' , 11_ la -Et. . 1 ;'; "1 u L sion of an existing structure or by construction Ufa new -=,..- 'nkr'• - ,:W•....e"2.-7- 7 -..---L4:: building,An early assista.nce process is available to help l'hll 2°62 fl,..2"3 ' 2ilk,Ifrn5,,L-VIDII t"-""44kCitAitall With project development for ADUs created through the YEAA TEARS .2:z; s conversion of an existing structure•ADUs that meet all the F-RF;-R,rprRITfrtf,$tXtirgritn%:tr•rgtrtgg,::j standards are permitted by right and do not require a land iiVA'Ai•L••.;;',,•..7::::.,ff:.•:tz-li:Lfc-L-‘,,,,:••--:: .,;: i:-..-4-..---7.-=•'.-----•,,,:41-71/1'••: =•'5e4:2'.. ..15 use review.No additional parking is required for accessory '8-See Appendix B. City of Santa Crtiz,Accessory Dwelling Unit Development Program,fittp',/hici.santa-crtizca.us, '''.°Barbara Sack,city of Portland. 2' 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 ,x5 R q housing types because of the efficiency of the units in using fewer resources and reducing housing costs,City planner s u ' Mark Bello notes that allowing more ADLls did increase :a t , the housing supply,and that city residents viewed ADUs positively and were satisfied with the changes made..He a, EsE 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 of the area•median income—with a minimum lease term population of 47,821,the town of Barnstable is the of one year, The amnesty program offers fee waivers for largest community in both land area and population on inspection and monitoring of units and designates town Cape Cad Approved in November 2000,Barnstable's staff to assist homeowners through the program's admin- Accessory Affordable Apartment or Amnesty Program is a istrative process,The town can access Community Devel- component.of its Affordable Housing Plan.` The program opn-rent Block Grant funds to reimburse homeowners for guides creation of affordable units within existing detached eligible costs associated with the rehabilitation or upgrade structures or new affordable units within,attached struc- of an affordable ADU.Homeowners are also offered tax turFes.Eligibility for the program is limited to single-family relief to offset the negative effects of deed restrictions that properties that are owner-occupied and multifamily prop- preserve the affordability of the units,74 erties that are legally permitted. Through its Amnesty Program,the town of Barnstable Barnstable`s amnesty program is seen as a way to brag has successfully brought many of its illegal accessory units the high number of existing illegal ADUs into compliance into compliance,with the added benefit of increasing the with current requirements.In order to bring:a unit into supply of affordable housing, Since the start of the pro compliance,the property owner must agree to rent to gram,Barnstable has approved 160 affor'dab'le ADUs.Beth low-income tenants --.those earning 80 percent or less Diller,;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" Oysters.„and ADUs Welifleet is located in Barnstable Count, Massachusetts. Located on Cape Cod,Wellfleet is a tourist town with a z1 U;S.Census 2004,w ww,census,gev_ .2a See Appendix D. Town of Rarnstable;Accessory Affordable Apartrrrent Pr-grant imp.tlwww_row .barnsrable;ma.us`Gr-owthf"iaria emend CornmunityDevelopmen€AssessoryHousing/AAAP-BROCHURE„ revO4I.206.pdf. 5 year-round poptiiation of .5o0,which increases to 17,000 primary structure,and may not be larger than 1200 square in the summer months.Sixty-one percent of the land area feet.Homeowners with pt-e-existing attached and noncon- in VVellfleet is part of the Cape Cod National Seashore and forming accessory apartments.rriay only make changes that about 70 percent of the entire.land area is protected from increase the conformity of the structures.' development.' WeIlfleet also has a growing concentration of elderly residents 65 years and older.A housing needs Unless the provisions are specifically waived,the con- assessment study conducted by the town in 2106 r€r.e m- struction of new A Lls most conform to ail zoning bylaw .mended the adoption of an affordable ADU program to provisions and the owner of the property must occupy meet elderly housing needs and to increase the supply of either the ADU or the primary dwelling.Detached units affordable multifamily rental units.b must comply with all setback requirerrrents.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,,WeIlfket • "� has instituted a new affordable accessory dwelling unit loan � 3 ' progratn, �The program offers . ......._ ° interest-free loans for x - funds an buSCd by hfoorrrrdeaownle accessory rin1g Ibihs e iT°• hAe l l° • up to cede.Wellfleet offers tax exemptions to home- :. owners on the portion of-the property that is rented as an affordable unit.According.to NaneyVail,Assessor for the Town of VS/slit-lest,the combined tax savings for all ADU property cswners tooled X7,97.1.17 for fiscal year 2f108. Sixteen units have been approved since the start of`the • program in November-2006, The affordable.ADU bylaw for Wellfleetallows up to three ADUs per lot in any district,but requires approval ofa special permit from the Zoning Board of Appeals.Second.- ary units may be within,attached to or detached from i:a. Fauquierr County is a largely ruralcounty located about 50 miles outside of Washington,0,C.Beginning in 1967, Fauquler County adopted strict zoning regulations to t limit growth to nine defined areas as a means of preserv- trig farmland and open space;in effect,establishing growth boundaries.' However,the county population is rapidly • increasing.The 2006 U,S.Census population estimate for•¢ r E i Fauquier Caunty was 6�s,1:70,a 20 percent increase from iii 2{100 A needs assessment study by the f au uier Count y • � 1 a Affordable Housing-Task Forte found that between 200 f34 sr^ ¢� `� r l u 1' (f .� a�`-• 1�' vnv.,��Y 4 ._ ` 1- <�.� arsd 2006 the median housing price iii Fauquier County � .' ` increased. 127 percent white the median household iricorrr 3x,.; _.� � yt4 � ... t oneespecially the need for workforce housing, poun y '` especially To accommodate its F " y sing,the county infill development within the nine defined areas,and is active in reducing barriers to affordable housing. 2 Town of Wsllfieert,httpliwww.we1lfleetrna.org 2¢ own of VVellfleet.Housing Needs Assessment,2006,http iliwww.weil€Ieetma.orgfPublic Docume€lts/VVelifleeiMAALocalCon'iDPlanl Appendixe.pdf. t'See Appendix E. Town of Welifleet,Affordable Accessory Dwelling Unit.Program,http:llwww wellfleetmna.org!Publis Docurnerrts/W`eliflectMA WebDocsf AADU.pdf. 2 Keith Schneider,New-Approaches to Scraping Community Futures,March 1997, Michigan Land Use institute,http:livuwry rralur.orgi growthmanagernentlf ullarticie.aspffileid=3$b'. Fauquier County recognizes three different types of :increasing number of communities across the nation:are accessory units:family dwellings,efficiency apartments.and adopting flexible zoning codes within low-density areas in tenant houses,"Family dwelling units are detached:acces- order to increase their affordable housing supply. sory.units constructed for use by the homeowner's family mernher(s);they must be occupied by no more than five Communities find that allowing accessory-thivelling units is people,at least one of them related to the owner.Family advantageous in many ways. In addition to providing practi- dwelling units may be.as large as l:,400 square feet-in the cilhousing options For the elderly,disabteci,erripry nesters, and are permitted in both rural and many residentially and young workers,ADUs can provide additional:rental zoned area&Efficiency..apartMents are alternatives to lam- income for hiameoWners.ADUs are smaller in size,de not ily dwelling,units and are attached to either the primary require the extra expense of purchasing land,can be devei- residence or to an accessory.struCture,such as.a.garage. oped by converting existing structures,and do not require The size is limited to 600 square feet or 25 percent of the additional infrastructure.They are an.inexpenSive way for gross floor area of the:main dvvelling,whichever is greater; :municipalities to increase their housing supply,while also Efficiencies may not be occupied by rripre than two unre.. increasing their property tax-base By providing affordable fated people and are allowed in rural and residential-zdned housing options for low-and moderate-income residents, areas,Tenant houses are detached dwellings built on the communities can retain.population groups that might property-for the purpose Of supporting agricultural land otherwise be priced.outof-the housing market. uses. At least one person occupying the tenant house must work on the property.Tenant houses have size limits. The examples provided in the previous section involve They-are allowed only on rurally zoned areas or properties comniunities that have to rely on existing housing stock of at least 50 acres,with one tenant house fear every 50 to meet rising demand,either due to lack.of developable. acres of a property, land or strict growth managm' ent regulations.Portland and Fauquier County have adopted ADU ordinances to Development of ADUs in Fauquier County depends-on increase housing supply within their growth boundaries. the zoning,the size of the property, and availability of Communities that are built out or have liinited available septic/Sewer and water services,Each of the unit.types is land benefit from allowing the development of accessory approved by the Fauquier Office of Zoning Permitting and units-,as in Lexington anclWellfleet;Barnstable'S'amnesty InspectionS,with a building permit, provided that the.units, program shows how to successfully bring a large number Meet toning requirements According to the COlinty'S ion- Of existing illegal accessory units into compliance,In.addk int office, 155 accessory dwelling units and 37 efficiency don.to-allowing ADLIS in all residential zones,Santa Cruz apartments were:permitted from 1997.to 207, has attracted interest in ADIJ development by publishing an ADU.ManuatAnd:PI4n Sets Book with seven prototype Conriusiori designs for.accessory:units. At the height of the suburbanizatien of the United States A community can tallOr ADU ordinances.to suit its in the 1950s and 1960s,high density development became demographic,geographic,:and socioeconomic characteris7 undesirable,Instead,communities favored low-density tics The communities discussed in this case study .development defined by large-lot.single-family tionle$, provide loan programs,tax incentives streamlined permit- ting,and reduced development fees as part of their ADU Accessory Apartments that were once a common featUre • in Many homes were excluded from ziining•ordinances-, programs.In'order for an ADU program to succeed it has HoweVen growing demand for affordable housing(coupled to be flexible,uncomplicated;include fiscal incentives,and With the linaited.amount of land available f©r development -be Supported by a public education campaign that in many communities) has led to changing attitudes about in°"ses awareness and generates community UPPQrt. the use and development of accessory apartments.An See Appendix F. Appendix A - Tavinl of Lexington, Massachusetts.,Article V • S-1.9, Accessory Apartments. § 135-19. Accessory apartments.[Amended 5-2-1988 ATM by Art.4 I;4-I 0-1989 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 princoal dwelling or an existing accessory structure,The apartment is constructed so aS.t0 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 a accessory dwelling units in owner-occupied dwellings is intended to: (1) 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 rio 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 accessary apartment is to be created.shail occupy one or the other of the dwelling units,except for-temporary absences as provided in Subsection 13 (I) (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 resic3ence,, (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 one4arnily (3) Off-street parking,There shall be provided at least two off-street parking,spaces few the principal dwelling unit and at least one off-street parking space for the accessory apartment, C. B y-right accessory apartments shall be permitted so long as the requirements set forth in the§135-198 are satisfied and the following criteria in this section are met A- (l)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 I,000 square feet,. (4) There shall nor:be more than:two bedrooms in n by-right.accessory partmant -(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 P. Special permit accessory apai tiTientt..If a property owner cannot satisfy the criteria for brright accessory apartments that ar'e:set forth in § 135-1.4C above,the property owner may-apply for a special permit from the Bdarcl of Appeals,„— 5. Accessory structure apartMents..Notwithstanding.any provisions of this Zoning By-Law that state an accessoi7 apartment shall be located in a structure constructed as a detached one-family dwelling and the prohibition in § 135735D against having more than one dwelling on a lot,the Board of Appeals may grant a special permit as provided in-§ 135-16,Table line I.27C,to allow the construction of an accessory apartment in an existing accessni y structure which is on the same lot in the RS,RT,KO,RN. CN District as an existing.one-family dwelling 'provided: (I) Lot area is at least 18,000 square feet I in the RS,RT,-or CN.District,at least 33,000 square feet if in the RCI: DistriCc and at least.125.000 squart.feet if in the Rfl District (2) The.structureicOntaining the accessory structure apartment was in legal existence for a-minimum of file ,years .ancl had a minimum of 500 square feet of gross floor area as of five years prior tto the time of appltcatiori (3) The maximum gross floor area of the accessory structure apartment does not exceed I fpco square feet An addition to an accessory structure may be perniitted,but no addition shall he allowed Which increases the gross . floor at 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 6.th.61, 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 A- Appendik B. - City of Santa Cruz, Caiifornia„Title 24,Zoning Ordinance, Chapter 24.1 6, Part 2:ADU Zoning. Rur 24.16.100 Purpose. The ordinance codified in this part provides for accessory dwelling units in certain arPRs 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 Pbjectives arid zoning regulations and which enhances hotising opportunities that are compatible with singie4arnily development.– 24.1.4.120 Locations Permitted. Accessory dwelling units are permitted in the following zones on lets of 5000 square feet or Fiore... 24.16.130 Permit Procedures. The following accessory dwelling units shall be principally permitted uses within the zonin g districts specified in Section 24.16_120 and-subject t th e deVelopment standards in Section 24.16:160. I Any accessory dwelling unit meeting the same development standards S: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 zoningdittrictS-Spetified in SettiOn24.16.120,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 24.1060— 14,14.160 Design and Development Standards. All accessory dwelling units must conform to the following standards: 1.. Parking.One *king 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 in.centlYes•-.) 2. Unit Size.The floor area for accessory units shall not exceed five hundred square feet for lots between 5000 and 7500 square feet:lf 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 nOrnial shall have the unit square footage size measured similar to the interior square footage of a traditional trai-nikAlse, 3. 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, B. 24.16,178 Deed Restrictions,. Before obtaining a budding 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: I. The accessory Unit shall not be Sold separately, I 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 IJncntves. The following incentives are to encourage cOnstruction of accessory dwelling units, I Affordability Requirements for Fee Waivers.Accessory units proposed to be rented at affordable rem as established by the city,may have development fees waived per Part 4 of Chapter 24.16 of the Zoning Ordinance._ 1 Covered Parking,The covered parking requirement for the primary residence shall not apply if an accessOry dwelling unit it 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:. Sewer and water-connection fees for units affordable to lbw and very tow income households, 2. Planning application and planning plan cheek fees for projects that are one hundred percent affordable to low- arid very-lovv income households.. 3. Building permit and plan eheek fees for units aift5rdable to verr-low inconie households, 4. rark land and open space dedication in-lieu fee for linits.affordable to very low incatne households, .5, Parking-deficiency fee for units affordable to very-low income llouseholds_ 6. Fire fees for those units affordable to very4ow income households_ •(Ord.93-51 §6, 1993). 24.16.314 Procedure forWaiver 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. (:)-rcl.93-51 § 6, 1993) B Appendix C City. tta Oregon,TitIOL 33, Chapter 2O o _ Dwell:it-1g Units 333. 0 ,0 f 0 Purpose Accessory dwelling units are allowed in certain situations to: • create new housing units while respecting the look and scale of singe-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 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. 33.20L02.0 Where These Regulations Apply An:.accessory-dwelling unit may be added to a louse,attached hue or manufactured home in an R zone,ereepr for attached:houses in the R20 through.RS zones that were built using the regulations of 33.110,240.E,Duplexes and Attached Houses on Corners,. 33.205.03a Design Standards.:: C. Requirements for all.accessory dwelling units.All accessory dwelling rinits.must:•meet the following 1, Creatiori.An accessory dwelling unit may-only be created through the following methods: :a.. Converting existing livinggarea attic,basement or garage; b: Adding.floor a oi; c Constructing a detached accessory dwelling unit on A site with an existing horse;.attached house,or manufactured home;Or d. construeting;a.new house,attached housei or Manufactured home with an internal or detached accessory dwelling unit. 2, Number of residents.The:total number of individuals that resrde'in both units may not exceed:the number that it allowed for household Parking,No:additional parking is required for the accessory dwelling,unit:Existing required parking for the house,attached house,Or rnariufacturr d home Must be Maintained Or replaced an�site. 6. Maximum size.The size of the accessory dwelling unit:t ay.be no more than 33%of the.living area of the house,attached house,or manufactured home or 800 square feet,.wl ichever is less,.,. Addition4 requirements for detached accessory dwelling:units;Detached accessory dwellnig•units must. meet the following. 1: Setbacks,The accessory dwelling unit must be at least: c- I • a. 60 feet from the frOnt lot line;Or b: 6 feet behind the house,attached house,or mandfactureci home,. 2, Height..The maximum height ailowed for a detached accessory dwelling unit is 113 feet 3. Rude iritar.iitThe building:covei-Age for the:derAched accessory cfwellihg iirk may riot be.IA rger than the building coverage of the house;attached liouse,or manuf-actured home,The combined building coverage of all detached accessory structures may not exceed 15 percent of the total area of the site... 31.2.05:040 Density In the single dwelling zones,accessory dwelling units are not included in the minimum do-ma)Ornorn density calculations for a site In all other zones,accessory dwelling units al-e included in the minimum:density calculations but al,e riot included in the maximum density.caltUlations, C Appdndix ern of Barnstable,Massachusetts, Chapter i ' :. AcceSSOfy Apartments and Apartment' Units 120 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 uripermitted 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 Tbwnof 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. ID. It is the position of the Town of Barnstable that the toast 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. B. The Local Comprehensive Plan states that the Town should commit appropriate resources to sirpporrt affordable housing initiativeS,Under this article,the.Town commits:the following resources to support this arfrOrdAbic housing initiative: (I) Waiver`of fees for the inspection and monitoring of the properties identified under thisarticle; (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 pr'oPerty owners in to .zing available municipal state and federal funds for rehabilitating and upgrading the pr•'operties identified under this article,. F The Local Comprehensive Plan supports.ire 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 dependso.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 I.,200O;or D 1 (2) Real property containing a dwelling unit or dwelling.units which were in existence as Of janua.r> 1.2000,and: which have been cited by the wilding Department as being in Violation of the Zoning-Ordinance; B. The procedure for ualifyi ig units.that Meet t:he 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 Links in A multifamily dwelling where there exists a legal multifamily use hut one or more units are currently unpermitted; (2) The units) must receive a site approval letter under the Town's local Chapter 4015 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 orfarriily whose income is 80%orless of the area;median income (AMI) cif.Barnstable,Yat mouth Metropolitan Statistical Ai-ea (MSA) and shall further.agree that rent (including utilities) shall not exceed the rents established by the.Department of`Housi.ng and Urban Development(HUD) fora household whose income is.80%or less of the median income.cif Barnstable-Yarrnouth Metropolitan StatisticalArea..ln the event.that utilities are separately metered,the utility allowance established by the Barnstable HousingAucho:rity shall be deducted from.HUD's rent level. (4) The.property owrier:must agree,that if s/he receives a comprehensive permit,..that s/he will execute a deed restriction fol-.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-I S;New units accessory to single-family ownenoccupied.dwellings; For proposed new unit to be eligible for considerations under the local chapter 40B prograrrt it must be a single ,unitf accessory tea an owner-:occupied single4amily 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 fof lowing: .. A. The unit(s).must receive a site approval letter under the Town's Partial Chapter 408 program, B. The property owner must agree that if`s/he receives a"comprehensive permit;the accessot y dwelling unit will be rented to a'person or fancily.whose income is 80% Or less of the area median income:(Al"..l)cif Bai astable Yarrr'iguth Met opOlitan Statistital.Area,(MSA)and shall further.agrees that rent (including utiLities) shalt 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 separate[y metered.the utility allowance established by the Barristabl:e Iconic.Authority shall he deducted from HUD.'s rent level C. The property owner must agree,that if s/he receives'a;comprehensive permit,.that slhe will execute a deed restriction for the:unit,.prepared by the Town of"Barnstable;which ruin 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 car family whose.:income is-80% or less of the Median intOrne of Barnstable Yarmouth Metr spelitan Statistical Area (MSA)... pp ndI t E -- Town of Wei!fleet, h ,; 611 Affoedable Dwelling Units Purpose:For the purpose of promoting the development of affordable rental housing in Welltleet 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 t 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 fi..2 1.A and 6:2.13 below.The affordability requirements of this by-law shall be imposed throu h 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(L200) square feet of Livable F1crorArea as that term is defined in Section 11 of this Zoning B.y-law; C. Affordable airc.essory dwelling.units within or attached to a principal dwellirig'principal structure rar garage that is pre-existing nonconforming shall not increase the nonconforming nature of that structure,except that any.pre-existing accessory building may by 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 lay-law,Newly,constructed detached accessary units shall comply with all setback regitirem'ents 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 dwel ling_For the purposes of this section,the"Owner" shall mean one Who holds legal or beneficial title. F. Septic systems'are rei uired to rneet`cur:rent Tide 5 standards and,shall'be reviewed:and approved by, the Health Agent. G. The Inspector of Buildings and HeakhAgent shall.'inspect the premises for compliance with public safety and public health.code.t, H. No affordable accessory.dwelling'unit shall be separated by ownership from the principal dwelling unit or pr-in.cipal 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 acres.story dwelling unit,except leasehold estates,for the term of the restriction, .2IA 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.$pecifeaily.all dwelling units must be rented to those meeting the guidelines for a:low or moderate-income family,For the purpose of this settiori,low irici rr e.families shall have an income less than eighty(80) percent of the Town of ellfleet`median family income,arid Moderate income families shall have an income between eighty (80) and. one hundred twenty(120) percent of the Town of Wel!fleet Median family:income,.ds determined by the United States: Department of Housin and.Urban Development(HQD)Published Income Guidelines,and as may from time to time be amended, .2I3 Maximum.rents shall be estahlii5hed in accordance with HUD pi hl th ed Pair Mar ices Rental Cuidelirieq: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.subrhit'infermation on annual rent charged to the Town or its agent Forms for this purpose shall be provided..Rents may be adjusted:annually in aetordance with amendments to the.Fair Market Rental Guidelines.. 6.21.6 Procodurt A The property owner shall complete and submit an application for a Special Pernik to the Zoning Board of Appeals in accordance with the WellfleetZoning Boaid of Appeals.Rules and Procedures: B. The Zoning.Board of Appeals shill hold a public hearing in accordance with the.procedures and requirements set forth in section 9 of Massachusetts General taw,Chapter 40A Arid the elrfleet Zoning y-laid,5estiOn 8.4.2 C Appeal under this section shall be;taker 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 Per=rriit to allow a charge in use The property Owner shall of tairr a Certificate.of Occupancy froni.fro the Inspector of Buildings prior t6 the affordable acre.scary.dwelling-unit e ug occupied; Penalty:—Failure to comply with-any provision of this section may result in fares established in Section 8.3 of the ellfle t Zoning By4aws. Appendix F Fauquier County,Virginia Zoning Ordinance. ARTICLE 5 --ADMINISTRATIVE PERMITS,SPECIAL PERMITSAND SPECIAL EXCEPTIONS 5-104 Standards for an adrilltilstrative permit loran Efficiency Apartment I. 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. 3. 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 5, Architectural features of such a unit shall conform with the single family character of the neighborhood nO additional front doors). 5,105 Standards for an administrative permit for a Family Dwelling Unit F. 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,glti hdparent,thild,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 rnar be 1400 square feet of floor area, 3. No dwelling units other than the principal Str-uctule.(a single family dwelling) and One such family dwelling unit shall be located On one 10t,„, ARTICLE -ACCESSORY USES,ACCESSORY SERVICE USES AND I-IO1 E 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., 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 housina-Of guests of the occupants of the principal structui-e and not as rental units pr for permanent Occupancy at housekeeping 14. Quarters of a caretaker,watchman or tenant farmer,and his family,but only in the Rural Djstricts density not to exceed one (I) unit per fifty (50) acres... 31..The letting for hire of not mot`e than two rooms to not more than two persons for periods no shorter than one month. F 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. ■ I I . ... . **I Y . ■tf. 1 . , ■ F. . ■ 1 • . —.1 . ■ . . • la .. • tr l ■ . ~ P. •• ■ r■ . ■ • ••. t I .1 . ■ . . ' �].• ■ .1 • I ••s • .1 • •• • 1 • 1.S �• • III 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 Qb Existing Development on Lot. A single-family dwelling shall exist on the lot or will be constructed in conjunction with the ADU. f_cl 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 al Owner Occupancy Required:Declaration of-Restrictions. 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 roe and the deed under which the roe was conveyed to the resent owner statin that: The ADU shall not be sold or conveyed separate from the principal residence; j) The ADU is restricted to the approved size; al The usepermit 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; () 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; al 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 01 The ADU shall not be used for commercial purposes other than being leased for residential purposes. fel Number ofADUs Per Lot or Parcel. Only ones)ADU shall be allowed for each lot or parcel. if Setbacks.The ADU shall meet the front,side and rear yard regulations for the zoning district in which it is located. 10 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. 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. a Water and Wastewater Services. An ADU is required to connect to the central water and sewer sum where available. An ADU may be separately metered for utilities subject to all applicable ordinances and utilitypolicies. 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. a Lot Size Minimum;principal residence minimum. A minimum lot size of 6.600 City of Winter Springs Ordinance No.2010-OS Page 4of 13 square feet is required and the principal residence shall be a minimum of 1,350 square feet of air conditioned area. (in) 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.). (a) 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 buildingpermit has not been issued within two (2)years for the ADU,the approval becomes null and void(see Sec. 20- 36). 0) 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.6-85.Screen enclosures. * * * Sec. 6-87. Six..6-86.Minimum setback requirements within PUD zoning districts. * * * Sec. 6-88. Set. 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, • . - .., 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 notereating-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 Page6of 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 (I) 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 S.. 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 Page7of 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 Dwellin Units). * * * •• • • • • ••• • • • I ■ ••• • . 11 • ■ ■ .• E • •1 • • • + .1•• 11 N1• • • • • •A + q •• ■ • • •• • 11 Y 1 • ' • •.l 111 11 11 • 1• • • • 1 f • • +1 • 111 ••: • • A • • or * * * 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. • • .1r •i . •'•u • . . ■.1 • • • 1• ■ .1 • .1 1 1 •1 , • • • ' •• • "51 • 1 J ■ +I, . • ■ • • • •I It family:See Accessory dwelling unit. Guest cottage. • • •r. • '• • 1 1 1 nl • : • • ■11 111 ••-• • 1 • •1 • ■ •.1 / • •1 1 •1, • • '1 •••1 ■11 1111 _, • • • 1 • • • • '.• - • • • .11 • • • • ' II It •••1 ••I .11 • .1 • • • • .1 • • • 1 r 1 ••. .1 1 1 • • •11 •• IN • ••• • •.1 • • . 111:,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 a p p r o v e d place. A • •111 _., • •• • •1 • • • • K•• 1, • • 1 • I . ■n ■ i• • • '• • • is • • ' •'■ ••1 ••1 • 1 • 1 • •sl .1 • '• •11 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. * * * (1) 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 perprincipal dwelling or as hereinafter provided. * * * DIVISION 2.R IAAA 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: L1.) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6-85, (2a) Churches; (32) Schools; City of Winter Springs Ordinance No.2010-08 Page 9 of 13 • C43) 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: a 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 LI) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6-55; (a) Churches with their attendant educational buildings and recreational facilities;; (32) Public utility and service structures.-; (45) 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-1 AA 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: * * * 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. * * * 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: * * * (41 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 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. a 4-) 444,e7 HN F.BUSH,Mayor ATT5 . AND' 7' ORENZO-LUACES,City Clerk Approved as to legal form and sufficiency for the Ci of Winter Springs only: • O'' 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