County Initiated LDC Text Amendment - Accessory Dwelling Units - Bill O'Shea Board of County Commissioners Work Session August 4, 2020 - USE FOR ...
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County Initiated LDC Text Amendment – Accessory Dwelling Units Bill O’Shea Board of County Commissioners Work Session August 4, 2020
What is an Accessory Dwelling Unit (ADU)? As Proposed, an ADU: ▪ Is an attached or detached residential unit, subordinate and separate from the primary or principal dwelling unit ▪ Has a full kitchen and bathroom facilities ▪ Must be held in common ownership with the principal dwelling ▪ Is not considered in density calculations
Types of Accessory Dwelling Units
Attached
Detached,
Above
Detached, Garage
Single Story
Attached, First Story
Attached, Second Story
Detached, Single Story
Detached, Above Garage
Some Misconceptions About ADUs: ▪ Everyone will want one ▪ Everyone can have one ▪ No Impact Fees ▪ Utility capacity
Prior Work on ADUs by Staff: ▪ Researched and spoke with other jurisdictions who allow ADUs ▪ Solicited input from other County agencies and departments ▪ Drafted and revised the ordinance several times to address concerns ▪ Continued to work on and refine the ordinance, as directed by the Board
Meetings/Outreach for ADUs: ▪ Planning Task Force 9/28/17 ▪ DRC meeting 11/14/18 ▪ BOCC Work Session 12/18 ▪ Planning Task Force 06/18 & 03/19 ▪ Website 02/19 ▪ PC Work Session 03/14/19 ▪ Whitfield HOA 03/19 ▪ Chamber Infill & Attainable Housing 04/19 ▪ Neighborhood Connections article 06/19 ▪ M3 Group
Meetings/Outreach for ADUs (cont.): ▪ Back to PC for added language 06/13/19 ▪ BCC First Reading 06/20/19 ▪ Staff Review of Revised Ordinance 03/19/20 ▪ Blast to Interested Parties 03/20 ▪ Blast in Neighborhood Connections 04/20 ▪ Blast on Next Door 04/20 ▪ Blast to Interested Parties 06/19/20 ▪ Blast in Neighborhood Connections 07/20 ▪ Blast on Next Door 07/20
Meetings/Outreach for ADUs (cont.): ▪ Posted on Facebook 07/20 ▪ Press Release on Website 07/20 ▪ BCC Worksession 08/04/20
Changes to Ordinance from Prior Version: ▪ Reduces the maximum square footage from 1,000 s.f. to 500 s.f., including covered porches and balconies; limits the ADU to one bedroom
Changes to Ordinance from Prior Version (cont.):
Changes to Ordinance from Prior Version (cont.):
Changes to Ordinance from Prior Version (cont.):
Changes to Ordinance from Prior Version (cont.): ▪ Although not specifically proposed to address ADU size concerns expressed by the residents of Whitfield, the proposed square footage reduction will disallow ADUs in the Whitfield Residential Overlay District (WR). ▪ Section 403.13, Whitfield Residential Overlay District (WR): ▪ Requires 950 s.f. minimum floor area for “all other residential” ▪ Cannot exceed 25% of a required rear yard area ▪ Cannot be located within any required yard ▪ Unless residents of the Whitfield request an amendment to Section 403.13, ADUs will not be allowed
Changes to Ordinance from Prior Version (cont.): ▪ Limits the number of ADUs or grandfathered guest houses on a conforming lot to one ▪ Prohibits ADUs in the Coastal Evacuation Area and Coastal High Hazard Area Overlay Districts; may want to expand to the Coastal Planning Area. ▪ Requires a dedicated off-street parking space
Changes to Ordinance from Prior Version (cont.): ▪ Adds Section 511.19 to sunset guest houses and provides a means of legally converting an existing guest house to an ADU ▪ Allows mobile homes to be used as an ADU in the A Zoning District, and proposes revisions to Section 531.32, Mobile Homes
House Bill 1339 was Signed by the
Governor and Appears to Leave
Affordable Housing and Accessory
Dwelling Units to the Discretion of Local
GovernmentCounty Attorney’s Opinion ▪ House Bill 1339 contains requirements for ADUs. Staff was concerned that these requirements may be mandatory for those jurisdictions choosing to allow ADUs. ▪ One of the requirements involves an owner signed affidavit with the building permit application, that requires the owner to rent to income qualified persons/households. ▪ In a 7/20/20 email, the County Attorney opined “In summary if the County relies on Section 163.31771, F.S. as the authority
County Attorney’s Opinion (cont.) to amend the LDC to encourage the permitting of accessory dwelling units in single family residential areas in order to increase the availability of affordable rentals for extremely low- income, very low- income, low- income or moderate- income persons, then the Applicant would have to submit the required affidavit. It would be a policy decision of the Board as to whether the LDC should be amended to require the accessory dwelling units to be income qualified, as provided in Section 163.31771, F.S.”
County Attorney’s Opinion (cont.) ▪ BDS and REO staff recommend that ADUs not be formally regulated as affordable housing.
The Draft Ordinance:
▪ Adds Section 511.18, Accessory Dwelling Units
▪ Identifies zoning districts where ADUs are permitted
▪ Requires property owner occupy one of the dwelling units
▪ Provides Development Standards for ADUs
▪ Can be attached, detached first story, or second story
▪ Limits square footage to 500 s.f., and provides design standards
▪ Provides a 5’ or 10’ rear yard setback reduction in exchange for height restrictions/added
privacy
▪ Limits each conforming lot to one grandfathered guest house or one ADU
▪ Requires an off-street parking space be designated or provided
▪ Requires compliance with the Florida Building CodeThe Draft Ordinance (cont.): ▪ Adds Section 511.19, Guest houses ▪ Provides a sunsetting provision for guest houses ▪ Provides a means of legally converting an existing guest house into an ADU ▪ Allows mobile homes to be used as ADUs in the A Zoning District, and proposes revisions to Section 531.32, Mobile Homes
Direction on ADUs: ▪ ADUs as a housing option? ▪ What size ADUs? ▪ Keep Guest Houses? ▪ Should larger ADUs be allowed in the A Zoning District? ▪ Should reduced setbacks be allowed for height restrictions and required privacy improvements? ▪ Is one parking space adequate if the square footage of ADUs is increased above 500 square feet?
Direction on ADUs/Guest Houses (cont.): ▪ Should ADUs be allowed in the coastal zones? ▪ Should ADUs be regulated as affordable housing units, as defined by code?
QUESTIONS ??
ADUs – Supplemental
Information8 lots zoned RSF 4.5, following minimum lot widths/ setbacks
What’s currently allowed: Guest Houses
- Structures that are accessory and subordinate to a residential use.
- Meaning 1 sq. ft. less then the primary structure.
- Does not have a kitchen or dining facilities.
- Not intended for extended stays.
- Kitchen = having a stove.
- Use by-right in residential zones.
- No parking requirement.
- Property owners apply for permits and may construct if approved.
- 87 approved countywide in the last 10 years. (2,901 residential C.O.’s in last
year alone)Housing Choice in Manatee is Limited
Multifamily
Mobile
Single family, detached Homes
58% 13% 8%
Single
Family,
attached
0% 20% 40% 60% 80% 100% 120%
US Census Data, ACS 2013-2017 5-Year Estimates,
Includes Incorporated Manatee CountyRSF-4.5
10’
15’
20’
• District standards
• 10’ Setback option for single-
100’ story ADUs
• 15’ Setback option for above-
garage ADUs
8’
70’Using a reduced setback to 10’, must be screened by foliage or a fence, or use opaque windows
Neighbor’s view from the middle of his backyard
An attached ADU must follow its zoning district’s
standard setbacksFor reference, this is a 1000 sq. ft. building that maxes out at 13.5’ in height
An ADU that follows its zoning district’s standard
setbacks may build to the regular height limit
(usually 35’).A 160 sq. ft. home, meeting building code, perfectly livable, but no more intrusive than a shed
There are very few examples of detached rear garages in the unincorporated area of Manatee County, so this example is entirely made up. Showing the 15’ reduced setback option, 20’ max wall height-- any windows facing neighbors must be opaque (may allow light in, but are not see-through), and a balcony would need to face toward the lot’s principle structure.
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