HomeMy WebLinkAbout2011 09 12 Regular 600 Sunset Ordinance 2010-08 Accessory Dwelling UnitsCITY COMMISSION AGENDA
ITEM 600
September 12, 2011
Meeting
Consent
Information
Public Hearin
Regular X
Mgr. / Dept.
REQUEST: The Community Development Department— Planning Division requests that the City
Commission consider the Sunset Review for Ordinance 2010 -08, which permits Accessory Dwelling
Units (ADUs) as a Conditional Use in single family zoning districts subject to certain criteria.
SYNOPSIS: On October 25, 2010, Ordinance 2010 -08 became effective. This ordinance permits
Accessory Dwelling Units (ADU's) as a Conditional Use in single family zoning districts in the City.
This ordinance also provides the enabling language and criteria for the allowance of ADUs. Section 10
of the Ordinance states the Ordinance shall be subj ect to a 1- year sunset review by the City Commission
at which time the Commission can repeal or modify the ordinance.
CONSIDERATIONS:
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Home Rule Powers
Comprehensive Plan
Ordinance 2010 -08
Section 6 -85, City of Winter Springs Code of Ordinances
I 1►1��'SI
Ordinance 2010 -08 was adopted by the City Commission as a way to allow citizens to expand their
residence to accommodate an elderly relative as well as provide additional housing options that can be
absorbed and integrated into the fabric of existing neighborhoods. Accessory Dwelling Units (referred
to as ADUs), provide an economical, semi - independent living housing solution for an elderly relative or
other individual /family, without the investment in additional land or public infrastructure. Beyond
allowing the City's elderly population to "age in place" and maintain their dignity, security, and
independence, an ADU can bean affordable housing option for people of all ages. The U.S. Department
of Housing and Urban Development (HUD) has found that ADUs are an affordable housing option for
many low and moderate income residents. An ADU is an additional, self - contained dwelling on the
same lot or parcel as an existing residence. It may be built within a pre- existing structure but most often
is an addition to the structure or is a separate stand alone structure. ADUs require no additional land
beyond the existing residential lot. Based upon building permits records, the City has considered fewer
than five requests for ADU's in the past year.
September 12, 2011
REGULAR AGENDA ITEM 600
Page 2
As mentioned in the Synopsis, Section 10 of Ordinance 2010 -08 states the Ordinance shall be subject to
a one -year sunset review by the City Commission. Furthermore, Section 10 instructs the City Manager
and the Community Development Director to present at a regular meeting of the City Commission in
September 2011, Ordinance 2010 -08 for possible repeal or modification prior to the one -year
anniversary of the Ordinance being adopted by the City Commission.
FISCAL IMPACT:
Continuation of Ordinance 2010 -08 appears to create a positive fiscal impact for the City since a
residential property with improvements typically results in an increase to the taxable value of the
property.
COMMUNICATION EFFORTS:
This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City
Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting
Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which
Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To
Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested
Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City,
And All Individuals Who Have Requested Such Information.
This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional
Copies Available For The General Public, And Posted At Five (5) Different Locations Around The
City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is
Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals.
RECOMMENDATION:
Staff recommends that the City Commission review the information contained in this agenda item and in
Ordinance 2010 -08 and provide direction to City staff as to whether the Commission wishes to repeal
Ordinance 2010 -08, modify Ordinance 2010 -08, or leave the ordinance in place as it currently exists.
ATTACHMENTS:
A- Ordinance 2010 -08
Attachment " A "
ORDINANCE NO. 2010 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA RELATED TO
ACCESSORY DWELLING UNITS ( "ADU'S "); AMENDING
CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR
BUILDING CONSTRUCTION STANDARDS FOR ADU'S;
AMENDING CHAPTER 20 OF THE CITY CODE TO
AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE R-
1AAA, R -C1, R -1AA, R -1A AND PUD ZONING DISTRICTS;
AMENDING DEFINITIONS; MAKING CONFORMING
AMENDMENTS TO CHAPTERS 9 AND 19; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Comprehensive Plan in Future Land Use Element Policy 1.1.6; and
Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, provides that Accessory Dwelling Units
may be allowed as a conditional use in single family dwelling zoning districts; and
WHEREAS, Accessory Dwelling Units can be a way to value our seniors by providing
additional opportunity for them to "age in place" and to maintain their dignity, security and
independence within the City of Winter Springs; and
WHEREAS, the City's population of elderly residents is projected to increase; and
WHEREAS, the Florida Legislature has found that it serves an important public purpose to
encourage the permitting of accessory dwelling units in single - family residential areas. See
§163.31771, Fla. Stat. (2010); and
WHEREAS, the need for affordable housing can affect people of all ages including the
elderly; and
WHEREAS, the U.S. Department of Housing and Urban Development has found that
accessory dwelling units are an affordable housing option for many low and moderate - income
residents. See HUD, Accessory Dwelling Units: Case Study, June 2008; and
WHEREAS, Accessory Dwelling Units can provide for affordable housing options which
meet the locally recognized values of community appearance and design, and be absorbed and
integrated into the fabric of existing neighborhoods; and
WHEREAS, Accessory Dwelling Units can be a way for homeowners to supplement their
income during a time of economic hardship, reducing the likelihood of foreclosure; and
City of Winter Springs
Ordinance No. 2010 -08
Page 1 of 13
WHEREAS, section 9 -607 of the City Code, describes the requirements for residential
compatibility and harmony regulations; and
WHEREAS, the City prohibits additions, modifications and expansions of structures and
buildings that are incompatible and not in harmony with the subject property and the surrounding
neighborhood; and
WHEREAS, the City requires that the aesthetic and architectural details of a residential
project are compatible with the surrounding area and serve to enhance the character of that area; and
WHEREAS, the City has previously established that compatibility and harmony shall be
determined based on a review of the setting, landscaping, proportions, materials, colors, texture,
scale, unity, balance, rhythm, contrast and simplicity of the proposed addition, modification or
expansion; and
WHEREAS, the City Commission hereby expressly finds that this Ordinance is consistent
and in furtherance with the City's long standing policy pursuant to Housing Element Policy 1.3.13
of the City's Comprehensive Plan to discourage the concentration of affordable housing units by
encouraging the integration of compatible affordable housing units within older and newly permitted
neighborhoods; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Chapter 6 Code Amendment. The City of Winter Springs Code, Chapter
6, Buildings and Building Regulations, is hereby amended as follows: ( underlined type indicates
additions and ant type indicates deletions, while asterisks ( * * *) indicate a deletion from this
Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
Sec. 6 -84. Accessory buildings.
(a) General. Accessory building means a detached, subordinate structure, the use of
which is clearly incidental to, customarily associated with, and related to the principal
City of Winter Springs
Ordinance No. 2010 -08
Page 2 of 13
structure or use of the land, and which is located on the same lot as the principal structure
or use. Accessory buildings shall include storage buildings, toolhouses, private, detached
garages, bathhouses (used in conjunction with swimming pool) and similar uses. No more
than two (2) accessory buildings shall be allowed on any single lot. Acccssory buildings Shall
(b) Height and size restrictions. The maximum height of an accessory building shall be
twelve (12) feet measured from ground level. The maximum size of any structure shall be
two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this
subsection, detached, private garages may exceed twelve (12) feet in height without city
commission approval provided the city manager or designee thereof determines that each
criteria in subsection (f)(3) herein is satisfied. Further, detached, private garages may exceed
two hundred forty (240) square feet, but in no case shall exceed one -third ( 1/3) of the air -
conditioned square footage area of the principle rip ncipal structure.
(e) Setback requirements. When an accessory building is attached to a principal structure
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
shall be subject to the required setbacks of the principal structure.
(5) Detached, private garages which exceed twelve (12) feet in height or two
hundred forty (240) square feet in area must meet the setbacks of the applicable
zoning district for the prineiple principal structure.
Sec. 6 -85. Accessory dwelling units.
Accessory dwelling units ADUs) must conform to the following standards:
Li a1
R -IAAA Single- Familv Dwelling Distr
R -CI Single - Family Dwelling District
R -IAA & R- I A One - Family Dwelling District
R -1 One - Family Dwelling District
Planned Unit Development District
LcJ Location. The ADU may be attached to or detached from the principal dwelling.
City of Winter Springs
Ordinance No. 2010 -08
Page 3 of 13
that:
W The ADU shall not be sold or conveyed parate from the principal residence-,
Q The ADU is restricted to the approved size:
residence:
The ADU shall not be used for commercial purposes other than being, leased
for residential purposes.
Le) Number ofADUs Per Lot or Parcel. Only one (1) ADU shall be allowed for each lot
or parcel.
Lo Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning
district in which it is located.
(M Building Height and Stories. The ADU shall meet the building height regulations for
the zoning district in which it is located.
(W Lot Coverage. The sum of the principal dwelling and the ADU shall meet the lot
Lot Size Minimum: principal residence minimum. A minimum lot size of 6,600
City of Winter Springs
Ordinance No. 2010 -08
Page 4 of 13
Other Code Requirements. The ADU shall comply with all applicable building
codes.
square feet is required and the principal residence shall be a minimum of 1,350 square feet
of air conditioned area.
W Expiration. As with all conditional use approvals, if a building permit has not been
issued within two (2) years for the ADU, the approval becomes null and void (see Sec. 20-
36.
Approvai Process. The conditional use /aesthetic review approval of an ADU is
Sec. 6 -86. Sec: -6-$r Screen enclosures.
Sec. 6 -87. Sec. 6-86r. Minimum setback requirements within PUD zoning districts.
Sec. 6 -88. Sec -6.87. Temporary storage structures.
Secs. 6 -89. — 6 -100. Reserved.
Section 3. Chapter 9 Code Amendment. The City of Winter Springs Code, Chapter
9, Land Development, is hereby amended as follows: ( underlined type indicates additions and
City of Winter Springs
Ordinance No. 2010 -08
Page 5 of 13
that utilize alternative green construction methods that cause the exterior wall thickness to
be greater than normal shall have the unit square footage size measured similar to the interior
square footage of a traditional frame house.
(o) Privacy, Privacy and screening of adjacent properties is of utmost importance in the
orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
CHAPTER 9. LAND DEVELOPMENT
ARTICLE VIII. IMPACT FEES
DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION
Sec. 9- 391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
(g) Residential: Includes single - family dwellings, multifamily dwelling units, and mobile
homes, .
Sec. 9- 391.3. Applicability and exemptions.
(a) This division shall apply to all new construction within the city limits except the
following:
(1) Expansion of a residential dwelling unit not creating another or the creation
of an accesso 3y dwelling unit on the same parcel as the primary dwelling and
Section 4. Chapter 19 Code Amendment. The City of Winter Springs Code, Chapter
19, Utilities, is hereby amended as follows: ( underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in
Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 19. UTILITIES
ARTICLE V. STORMWATER MANAGEMENT UTILITY
City of Winter Springs
Ordinance No. 2010 -08
Page 6 of 13
Sec. 19 -162. Definitions.
For purposes of this article, the following definitions shall apply; words used in the singular
shall include the plural, and the plural, the singular; words used in the present tense shall include the
future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
Words not defined herein shall be construed to have the meaning given by common and ordinary use.
Equivalent residential unit (ERU) shall mean the statistical average impervious area of
residential developed property per principal dwelling unit within the city. The numerical value of
one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate
resolution.
Sec. 19 -164. Schedule of rates.
(a) The stormwater management utility fee shall be adopted from time to time by
ordinance of the City Commission (the "rate ordinance "), and shall be calculated for each
developed property as follows:
(1) The fee for residential developed property is the rate for one (1) ERU
multiplied by the number of dwelling units existing on the property. Accessory
accessory dwelling unit. That is, Fee = ERU x number of Dwelling Units.
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code, Chapter
20, Zoning, is hereby amended as follows: ( underlined type indicates additions and strikeout type
indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in
Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 20. ZONING
ARTICLE I. IN GENERAL
Sec. 20 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
City of Winter Springs
Ordinance No. 2010 -08
Page 7 of 13
Accessory. The term applied to a building or use which is clearly incidental or subordinate
to and customary in connection with the principal building or use and which is located on the same
lot or parcel with such principal building or use.
Dwelling, one family. A building designed for or occupied exclusively by one (1) family,
except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in
certain restricted situations as prescribed by code
Garage apartment. 2 accessory building with storage capacity fbr not less than two (2)
automobiles, the second floor of which is designed as a residence for not more flian one (1)
fmnily.See Accessory dwelling unit.
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter,
including a principal building together with its accessory buildings, the yard areas and parking spaces
required by this chapter and having its principal frontage upon a publicly owned street and publicly
maintained streets or upon an approved place. When a bungalow court i0s being considered,
refer to a parcel of land devoted to the individual buildings in such bungalow court.
City of Winter Springs
Ordinance No. 2010 -08
Page 8 of 13
or otherwise used as a separate See Accessory dwelling unit.
lcturf
rried
ARTICLE III. ESTABLISHMENT OF DISTRICTS
DIVISION 1. GENERALLY
Sec. 20 -103. Restrictions upon lands, buildings and structures.
(d) Density of population. No building, structure or premises shall be erected or
occupied or used so as to provide a greater density of population than is allowed under the
terms of the sections of this chapter for the district in which such building, structure or
premises is located. However, accessory dwelling units in single family zoning districts are
(f) Required lot and occupancy. Every building or structure hereafter erected shall be
located on a lot or tract of land as defined herein; and in no case shall there be more than one
(1) building on one (1) lot except that single family zoning districts may include as a
or as hereinafter
DIVISION 2. R -1AAA SINGLE - FAMILY DWELLING DISTRICTS
Sec. 20 -123. Conditional uses.
There shall be no conditional uses within the R -IAAA Single - Family Dwelling Districts,
except the following:
�1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85,
(2 +) Churches;
(32) Schools;
City of Winter Springs
Ordinance No. 2010 -08
Page 9 of 13
(433) Public recreational areas and facilities.
Sec. 20 -125. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land not less
than twenty thousand (20,000) square feet and such lot or parcel of land shall have a minimum width
of one hundred (100) feet at the building line.
DIVISION 3. R -CI SINGLE - FAMILY DWELLING DISTRICT
Sec. 20 -143. Conditional uses.
There shall be no conditional uses within the R -CI Single - Family Dwelling Districts, except
the following:
W One (1 ) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85
0) Churches;
(32) Schools;
(4.3) Public recreational areas and facilities.
Sec. 20 -145. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land not less
than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred
twenty (120) feet at the building line.
DIVISION 4. R -1AA AND R -1A ONE - FAMILY DWELLING DISTRICTS
Sec. 20 -163. Conditional uses.
(a) There shall be no conditional use within R -1 AA and R -1 A One - Family Dwelling
Districts except the following:
City of Winter Springs
Ordinance No. 2010 -08
Page 10 of 13
W One (1) accessory dwelling, unit ancillary to the principal dwelling subject
to the criteria set forth in section 6 -85
(2 +) Churches with their attendant educational buildings and recreational
facilities:;
(32) Public utility and service structures.;
(43) Schools.;
(54) Public recreational areas and facilities.;
(65) Stadiums, independently or in conjunction with existing school facilities,
provided the seating capacity shall not exceed the student enrollment of the school
to be served plus ten (10) percent, and provided there shall be no lights or night use.
(b) Any review of an application or plan shall consider the character of the
neighborhood in which the proposed use is to be located and its effects on the
value of surrounding lands, and further, the area of the site as it relates
particularly to the required open spaces and off - street parking facilities.
(c) Any conditional use that may be granted is limited to the use and
intensity shown in the application and plans submitted, and application must
receive approval in the same manner as the original application.
Sec. 20 -165. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land having
an area of not less than ten thousand (10,000) square feet in an R -IAA Single - Family Dwelling
District and eight thousand (8,000) square feet in an R -1 A Single - Family Dwelling District and such
lots or parcels of land shall have a minimum width of ninety (90) feet and seventy -five (75) feet,
respectively, at the building line.
ARTICLE IV. PLANNED UNIT DEVELOPMENTS
DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT
Sec. 20 -360. Control of development following approval after construction completed.
(b) After completion of construction of the area covered by a final development plan, no
City of Winter Springs
Ordinance No. 2010 -08
Page 11 of 13
changes may be made except under the procedures provided below:
a One (1) accessory dwelling unit ancillary to the principal dwelling maybe
allowed by conditional use, unless prohibited by the declarations, covenants,
conditions and restrictions of the homeowner's association.
DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT
Sec. 20 -387. Control of development following approval after construction completed.
(b) After completion of construction of the area covered by a final subdivision plan, no
changes may be made except under the procedures provided below:
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 8 . Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 9 . Effective Date. This Ordinance shall become effective ninety (90) days after
the date of adoption by the City Commission of the City of Winter Springs, Florida, and pursuant
to City Charter.
Section 10. Sunset Review. This Ordinance shall be subject to a one (1) year sunset
City of Winter Springs
Ordinance No. 2010 -08
Page 12 of 13
review by the City Commission. At a regular meeting of the City Commission held in September
of 2011, the City Manager and Community Development Director are hereby instructed to present
this Ordinance to the City Commission for possible repeal or modification prior to the one year
anniversary of this Ordinance being adopted by the City Commission.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 25th day of October, 2010.
i%' 4 ml e
HN F. BUSH, Mayor
Approved as to legal form and sufficiency for
the Ci of Winter Springs only:
A O A. GARGA E, City Attorney
First Legal Ad Published: October 3, 2010
First Reading: October 11, 2010
Second Legal Ad Published: October 17, 2010
Effective Date: October 25, 2010
City of Winter Springs
Ordinance No. 2010 -08
Page 13 of 13