HomeMy WebLinkAbout2017 07 18 AIS WS ADU Code AmendmentAGENDA ITEM SUMMARY Meeting Date: 7/18/2017
Meeting Type: Work Session Staff Contact/Dept.:
Sandy Belson/DPW
Staff Phone No: 541-736-7135 Estimated Time: 60 Minutes
PLANNING COMMISSION Council Goal: Promote and Enhance our Hometown Feel while Focusing on Livability
and Environmental Quality
ITEM TITLE: Encouraging accessory dwelling units by amending the Springfield Development Code
ACTION
REQUESTED:
Review and provide comments on proposed development code amendments to
encourage the construction of accessory dwelling units.
ISSUE STATEMENT:
The City Council has been developing an affordable housing strategy with the goal of
increasing the supply and accessibility of housing in Springfield throughout the housing
continuum. One of the strategies is to encourage the construction of accessory dwelling units. One way to encourage accessory dwelling units is by revising the development
code to make it easier and potentially less expensive to add an accessory dwelling unit.
ATTACHMENTS: 1. Memorandum to the Planning Commission
DISCUSSION: During two work sessions, Council provided direction for several development code
amendments. The proposed amendments to simplify the code respond to Council’s direction and include some other considerations put forth by staff. Once these are
reviewed by the Planning Commission, staff will incorporate the Commission’s
comments and solicit public comments from citizens, builders, and others per the Citizen Involvement Plan for Accessory Dwelling Unit Code Amendments.
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M E M O R A N D U M City of Springfield
Date: July 18, 2017
To: Planning Commission
From: Sandy Belson, Comprehensive Planning Manager
Subject: Encouraging accessory dwelling units by amending the Springfield Development Code ISSUE
The City Council has been developing an affordable housing strategy with the goal of increasing the supply and accessibility of housing in Springfield throughout the housing continuum. One of the strategies is to encourage the construction of accessory dwelling units. One way to encourage accessory
dwelling units is by revising the development code to make it easier and potentially less expensive to add an accessory dwelling unit.
BACKGROUND One aspect of Council’s emerging affordable housing strategy is the encouragement of accessory
dwelling units (ADUs). ADUs:
Increase the number and type of affordable housing units without consuming land in the city’s
limited inventory of undeveloped land. In particular, they increase the supply of small rental
units which is where the rental market is currently the tightest.
Increase density in existing neighborhoods, taking advantage of existing infrastructure
Create opportunities for intergenerational living, on-site caretakers/assistants
Diversify the demographics of an existing neighborhood
Provide financial benefit to the property owner
Trigger economic development at a local scale through local builders/contractors Council provided direction on several development code amendments to consider making it easier and
potentially less expensive for homeowners to add an ADU. The amendments proposed below respond to Council’s direction and also incorporate staff suggestions to simplify the code. Any amendments to the development code need to be considered within the context of the Springfield’s adopted policies which
are presented below. CITY POLICIES RELEVANT TO ADUs
The following policies from the Springfield 2030 Comprehensive Plan Residential Land Use and Housing Element set the context and legal framework for any potential development code amendments
related to ADUs in general.
Policy H.6 - Continue to seek ways to reduce development impediments to more efficient utilization of
the residential land supply inside the UGB, especially in the City’s sloped areas (southeast Springfield
and Willamette Heights).
Policy Analysis
This policy supports making code amendments that reduce impediments to the construction of ADUs since ADUs add dwelling units on property that has already been developed. This
efficiency in land use and infrastructure has the potential to provide more housing without needing to expand the urban growth boundary (UGB).
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Policy H.9 - Provide a broad range of quality accessible and affordable housing options for very low, low
and moderate income residents. Affordable housing is defined as housing for which persons or families
pay 30 percent or less of their gross income for housing, including necessary and essential utilities [Oregon Revised Statute 456.055].
Policy Analysis The data analysis completed as part of developing an affordable housing strategy indicated that
vacancy rates for rentals are very low and that the waiting lists are longest for the one-bedroom and studio units. Based on the American Community Survey, in 2013, 53% of Springfield renters paid more than 30% of their gross income for housing, including necessary and essential utilities.
Accessory dwelling units have the potential to provide additional housing options for these smaller units which by size tend to be more affordable to those with low and moderate incomes.
Policy H.11 - Continue to seek ways to update development standards to introduce a variety of housing options for all income levels in both existing neighborhoods and new residential areas that match the changing demographics and lifestyles of Springfield residents.
Policy Analysis
ADUs add another rental housing option to those with low to moderate incomes in existing
neighborhoods. These ADUs create opportunities for income generation that may be particularly useful for retirees, especially as Springfield’s population continues to age. They also provide
opportunities for seniors to age in place by allowing for on-site caretakers. ADUs allow for
intergenerational living, students, and provide an alternative housing option for people wanting to remain in their neighborhood even if their life circumstances change.
Policy H.15 - Update residential development standards to enhance the quality and affordability of neighborhood infill development (e.g. partitions, duplex developments, transitional neighborhoods, rehab
housing, accessory dwelling units) and multi-family development. Policy Analysis
ADUs are a type of infill development. Decisions on code amendments need to balance the need
to enhance the quality of the neighborhood while also providing affordability.
PROPOSED DEVELOPMENT CODE AMENDMENTS ADUs are regulated in Section 5.5 of the Springfield Development Code. Council’s direction for code amendments is shown in bold green font and may be followed by commentary. Code amendments
recommended by staff are shown in bold blue font. The proposed development amendments are shown in legislative format with red font, additions shown double underlines and deletions shown with strike-outs.
Council: Allow construction of a second house on the property as the primary dwelling and conversion of the existing dwelling into an ADU.
Commentary: There are a few small houses on relatively large lots in Springfield’s older neighborhoods. Some of them were sized to accommodate drain fields before sanitary sewer connections were available.
Because these small houses may be toward the front of the lot, they may not be subordinate in location and appearance relative to a larger house built in the “backyard”. The change to the definition of an ADU in Section 6.1-110 allows those small houses to become the “ADU” and the owner to construct a larger
house on the property to serve as the primary dwelling.
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Also, the definition of ADUs is listed twice, under A for “Accessory Dwelling Unit” and under D for
“Dwelling Unit, Accessory”. Propose to keep the one definition under “Dwelling Unit, Accessory” and
add a reference to that one under “Accessory Dwelling Unit”.
Chapter 6 Definitions
Section 6.1-110 Meaning of Specific Words and Terms
Accessory Dwelling Unit A secondary, self-contained dwelling that may be allowed only in conjunction
with a detached single-family dwelling. An accessory dwelling unit is subordinate in size, location, and
appearance to the primary detached single-family dwelling. An accessory dwelling unit generally has its
own outside entrance and always has a separate kitchen, bathroom and sleeping area. An accessory
dwelling may be located within, attached to or detached from the primary single-family dwelling. See
Dwelling Unit, Accessory
Dwelling Unit, Accessory A secondary, self-contained dwelling that may be allowed only in conjunction
with a detached single-family dwelling. An accessory dwelling unit is subordinate in size, location, and
appearance to the primary detached single-family dwelling. An accessory dwelling unit generally has its
own outside entrance and always has a separate kitchen, bathroom and sleeping area. An accessory
dwelling may be located within, attached to or detached from the primary single-family dwelling.
Chapter 5 The Development Review Process and Applications
Section 5.5 Accessory Dwelling Units
Staff: Delete the portion of the purpose statement that is redundant with the definition.
Commentary: Purpose statements are generally not seen as enforceable criteria whereas definitions are enforceable.
5.5-105 Purpose
A. A single-family accessory dwelling unit:
1. Is a secondary, self-contained dwelling that may be allowed only in conjunction with a
detached single-family dwelling;
2. Is subordinate in size, location, and appearance to the primary detached single-family
dwelling;
3. Generally has its own outside entrance and always has a separate kitchen, bathroom
and sleeping area; and
4. May be located within, attached to or detached from the primary single-family dwelling.
BA. An accessory dwelling unit is intended to:
1. Add affordable units to existing housing stock;
2. Provide flexibility for changes in household size over the course of time;
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3. Protect neighborhood stability, property values, and the single-family residential
appearance of the neighborhood by ensuring that Accessory Dwelling Units are
constructed under the provisions of this Section.
Council: Allow construction of a second house on the property as the primary dwelling and conversion of the existing dwelling into an ADU. Commentary: In addition to the change to the definition as discussed above, the additional language in
this section allows a small house to become the “ADU” and to construct a larger house on the property to serve as the primary dwelling.
CB. An accessory dwelling may be established by:
1. Conversion of an attic, basement or garage or any other portion of the primary
dwelling;
2. Adding floor area to the primary dwelling, including a second story; or
3. Construction of a detached accessory dwelling unit on a lot/parcel with a
primary single-family dwelling.
4. Conversion of an existing dwelling unit to the accessory dwelling unit (if it is less
than 750 square feet) and building a primary dwelling unit.
Council: Allow accessory dwelling units on lots developed with a single family house in the Medium Density Residential (MDR) zones as follows: one ADU on lots up to 6650 square feet, two
ADUs on lots up to 10,000 square feet.
Commentary: Currently, ADUs are only allowed in low density residential zones with the exclusion of
the Washburne Historic District. According to Section 3.2-205 of the Development Code, the Medium Density Residential District establishes sites for residential development where primarily multifamily
dwellings are permitted and the density range is 14 to 28 dwelling units per net acre. The following
policies are applicable to this code amendment:
Springfield 2030 Comprehensive Plan Residential Land Use and Housing Element
Policy H.1 - Based on the findings in the Residential Land and Housing Needs Analysis and to accommodate projected growth between 2010 and 2030, Springfield has designated sufficient buildable
residential land (a) for at least 5,920 new dwelling units at an estimated density of at least 7.9 units per net buildable acre; and
(b) to accommodate a new dwelling mix of approximately 52 percent detached single family dwellings (including manufactured dwellings on individual lots), seven percent attached single-family dwellings, one percent manufactured dwellings in parks, and 40 percent multifamily dwellings.
Eugene-Springfield Metropolitan Area General Plan Policy G.7 - Services providers shall coordinate the provision of facilities and services to areas targeted
by the cities for higher densities, infill, mixed uses, and nodal development.
Policy Analysis: As stated in Policy H.1, the assumption of the Residential Land and Housing Needs
Analysis was that 40% of Springfield’s new dwelling units would be multi-family. The Needs Analysis
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assumed that those would be constructed on land designated Medium Density Residential and High
Density Residential. It also assumed that all new single-family homes would be constructed on land
designated Low Density Residential, although single-family homes (both detached and attached) are allowed within the MDR zone. The Needs Analysis assumed that 5% of developed lots would develop
further or redevelop to include additional dwellings. Between 1999 and 2008, 70% of the new dwellings
that were added to already developed lots were added to lots designated MDR.1
If there is an existing single family house on a large lot in the MDR zone, it is anticipated that someday that property may redevelop into more dense housing. Allowing a property owner to improve the value of the property by constructing one ADU may delay that ultimate conversion to medium density; thereby
increasing pressure on the city’s remaining supply of buildable land. Therefore, ADUs would only be allowed if the resulting development met the minimum density requirements.
The Eugene-Springfield Public Facilities and Services Plan and resulting capital improvement plans are based on the densities allowed by the plan designations. Policy G.7 (among others) requires that service providers coordinate the provision of facilities and services to match the densities allowed by the plan
designations. It is important that the densities achieved match the level of investment made in the infrastructure constructed to serve those facilities. Undersizing infrastructure limits the ability of the land
to develop to planned densities. Oversizing infrastructure means the public has paid more than necessary
to serve the development.
5.5-110 Applicability
A. Accessory dwelling units are permitted on LDR properties with an existing primary dwelling,
within the city limits.
EXCEPTION: Accessory dwelling Units are prohibited on lots/parcels within the Washburne
Historic District.
B. Accessory dwellings are permitted on MDR properties with a primary dwelling within the
city limits as follows:
1. One accessory dwelling on a lot of 6650 square feet or less.
2. Two accessory dwellings on a lot of 10,000 square feet or less.
5.5-115 Review
An accessory dwelling unit is reviewed under Type I procedure.
5.5-120 Submittal Requirements
A plan drawn to scale showing the proposed accessory dwelling unit and its relation to the
primary dwelling; existing and proposed trees and landscaping, lot/parcel area and dimensions,
percent of lot/parcel coverage, building height, entrance locations, location of utilities and
meters, off-street parking area; a detailed floor plan of the accessory dwelling unit, drawn to
scale with labels on rooms indicating uses or proposed uses; and a separate written response
demonstrating how the required development standards listed in Section 5.5-125 can be met.
1 Springfield Residential Land and Housing Needs Analysis, April 2011, page 19
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Council: Remove the 40% requirement for the accessory structure, but maintain the existing minimum and maximum square footage.
Commentary: Property owners with small homes may not be able to build a larger accessory dwelling
unit if they are limited to 40% of the size of their home. For example, the owner of a home of 1000 square feet (exclusive of garage) would be limited to an ADU of 400 square feet under current code requirements.
5.5-125 Development Standards
Accessory dwelling units shall meet the following standards:
A. The accessory dwelling unit shall meet all applicable standards in this Code including,
but not limited to; setbacks, height, lot/parcel coverage, solar access and building codes in effect
at the time of construction.
B. The minimum lot/parcel size to construct an accessory dwelling unit is as specified in
Section 3.2-215.
C. The accessory dwelling unit shall contain a kitchen, bathroom, living, and sleeping area
that are completely independent from the primary dwelling.
D. The square footage of the accessory dwelling unit shall not exceed 40 percent of the
square footage of the primary dwelling (exclusive of the garage for the primary dwelling). Within
this standard, the accessory dwelling unit minimum area shall not be less than 300 square feet.
The maximum area shall not or exceed 750 square feet.
EXCEPTION: The 40 percent requirement will not apply when the primary structure is less than
750 square feet in size, in order to ensure a 300 square foot minimum accessory dwelling unit.
The minimum and maximum square footage shall be 300 square feet when the existing primary
structure is less than 750 square feet in size.
Staff: Allow more flexibility in the location of the entrance.
Commentary: Item #1 is not very clear and does not seem necessary.
E. When a separate entrances to the accessory dwelling unit areis proposed,:
1. Only 1 entrance may be located on the front or street side of each residence.
2. Aa hard surface walkway, a minimum of 3 feet wide, shall be required from the
primary entrance of the accessory dwelling unit to the street or walkway serving the
primary dwelling.
F. Each dwelling shall have its own address.
Council: Allow an unpaved (e.g. gravel) parking space if the driveway serving the parking space is
at least 18 feet long measured from the property line. Require on-site parking only if there is no on-street parking available adjacent to the property.
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Commentary: Allowing gravel or other types of unpaved parking could reduce construction cost. If on-
site parking is constructed toward the interior of the lot (with a paved driveway at least 18’ long), then the parking space itself would not need to be paved. The main concern about requiring pavement is so that
the cars are not bringing gravel across a sidewalk or onto the street. Gravel becomes a hazard to
pedestrian and bicyclists in the public right-of-way. Gravel also causes damage to the street surface, shortening the life of the pavement. Having an 18 foot long paved surface before a gravel parking space
greatly reduces the “drag” of gravel into the public right-of-way. It should be noted that Springfield’s municipal code does not allow parking between the primary building and the street other than in approved driveways, thereby not allowing parking in the front yard on grass, dirt, or gravel (see diagram at the end
of this packet). Currently, the code requires one on-site parking space in addition to the two parking spaces required for
the primary dwelling. The following policy is applicable to this code amendment. Springfield 2035 Transportation System Plan
Policy 2.6 Manage the on-street parking system to preserve adequate capacity and turnover for surrounding land uses.
Policy Analysis: As the City is making efforts to make the city pedestrian-friendly and bicycle-friendly and with Lane Transit District providing bus service, not every household will necessarily choose to have
a car. Requiring a parking space on-site then becomes an unnecessary burden on the property owner.
Not requiring on-site parking for the ADU means that residents and visitors with cars must park on the street if the parking spaces for the primary dwelling are unavailable. Not all streets have on-street
parking. Collectors and arterial streets as well as some narrow local streets do not provide on-street
parking at all or limit it to one side of the street. In these cases, the provision of parking is shifted to the property owners.
G. One paved, off-street parking space 9 feet by 18 feet in size, in addition to that which is
required by Section 4.6-100 is required unless there is on-street parking available adjacent to
the property and there are no adopted plans to remove the on-street parking. The on-site
parking space for the ADU must be paved, except when there is a paved driveway at least 18
feet long measured from the property line that serves the parking space for the ADU.
Council: Allow construction of a second house on the property as the primary dwelling and
conversion of the existing dwelling into an ADU.
Commentary: If the existing dwelling becomes the accessory dwelling, the following provision would no longer apply. Removing this section would allow someone to construct a small dwelling as an ADU, and then live in it while constructing the primary dwelling.
H. The accessory dwelling unit may not be occupied prior to occupancy of the primary
dwelling.
Council: No longer require that one of the dwelling units be owner-occupied.
Commentary: This code provision addresses potential neighborhood concerns about maintaining home
ownership in the neighborhood, but is difficult to enforce after the residences have been constructed. In cases where both the primary dwelling and the accessory dwelling unit become rentals, if there is a complaint from the neighbor, code enforcement is in the position of requiring both households to move
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off the property unless the owner returns to live on the property or asking the property owner to convert
one of the dwellings into some other allowed use or to remove it. I. Before final occupancy of the accessory dwelling unit, the property owner shall record a
deed restriction that states the property owner shall reside on the property and the accessory
dwelling unit shall not be sold separately from the primary dwelling, unless lawfully partitioned.
Council: The existing design standards should be relaxed, but ADUs should be required to meet
some design standards to ensure that they fit within the neighborhood. Commentary: The definition of Type 2 Manufactured Dwellings2 includes some general design standards which are the basis for what is proposed below.
5.5-130 Design Standards
An accessory dwelling unit shall comply with the following standards, where practicable the:
A. Exterior finish materials shall be the same or essentially the same in terms of type, size,
placement and finish as the primary dwelling. Siding and roofing materials similar to the
materials used in residential dwellings in the community or which are comparable to the
predominate materials used on surrounding dwellings.
B. Roof pitch shall match the roof pitch of the primary dwelling.Minimum roof pitch of 2
feet vertical in 12 feet of width.
C. Trim shall be the same in type, location and finish as the primary dwelling.
D. Windows shall match those of the primary dwelling in terms of proportion (height and
width ratio) and orientation (vertical vs. horizontal).
E. Eaves shall project from the accessory dwelling unit addition the same distance as the
eaves on the primary dwelling.
Staff: Delete unnecessary code language.
Commentary: There is no longer a need for this section 5.5-135. It was written for when the ordinance
allowing ADUs was first adopted. Minimum lot/parcel size is already covered under what is presented in 5.5-125 B. Eliminating these two sections requires that the last one be renumbered.
5.5-135 Prior Uses
The Director shall approve any accessory dwelling unit existing at the time of the adoption of
this amendment if the following conditions can be met:
2 Type 2 Manufactured Dwelling - Siding and roofing materials similar to the materials used in residential
dwellings in the community or which are comparable to the predominant materials used on surrounding
dwellings minimum roof pitch of 2 feet vertical in 12 feet of width
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A. The accessory dwelling unit complies with the provisions of Sections 5.5-105 through
5.5-130; and
B. A building permit was issued when the accessory dwelling unit was constructed or
remodeled. The burden of proof is the responsibility on the property owner to show proof of
building permits.
5.5-140 Non-conforming Lot/Parcel Sizes
Accessory dwelling units shall not be permitted on lots/parcels that do not meet the minimum
lot/parcel size stated in Section 3.2-215.
Allow manufactured homes and other structures brought in on wheels that are constructed to meet
building code requirements. Commentary: Allowing small manufactured homes as ADUs expands options for ADUs. The Development Code defines a Type 2 Manufactured Home as having less than 1000 square feet and enclosing a minimum floor area of 500 square feet. (A Type 1 Manufactured Home encloses a minimum
floor area of 1000 square feet.) Removing the minimum size of the Type 2 Manufactured Home would allow for the minimum size of an ADU and allow the smaller/more affordable options elsewhere in the city as well. (Type 2 Manufactured Homes may be sited in manufactured dwelling parks, interior lots of
existing platted manufactured home subdivisions, and in multifamily developments.)
5.5-1435 Prohibited Use
Mobile homes, manufactured homes, recreational vehicles, motor vehicles, and travel trailers
and all other forms of towable or manufactured structures shall not be used as an accessory
dwelling unit. Type 2 Manufactured Homes and towable structures that are permitted,
inspected and approved by the local authority having jurisdiction are allowed.
Chapter 6 Definitions
Section 6.1-110 Meaning of Specific Words and Terms
Dwelling, Manufactured.
A. Residential Trailer: a structure constructed for movement on the public highways that
has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being
used for residential purposes and was constructed before January 1, 1962.
B. Mobile Home: a structure constructed for movement on the public highways that has
sleeping, cooking and plumbing facilities, that is intended for human occupancy that is being
used for residential purposes and was constructed between January 1, 1962 and June 15, 1976,
and met the construction requirements of Oregon Mobile Home Law in effect at the time of
construction.
C. Manufactured Home: a structure constructed for movement on the public highways
that has sleeping, cooking and plumbing facilities, that is intended for human occupancy that is
being used for residential purposes and was constructed on or after June 15, 1976 in accordance
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with Federal Safety Standards Regulations in effect at the time of construction. In addition,
manufactured homes sited within the jurisdictional boundaries of Springfield shall be of either
Type 1 or Type 2 classification and shall comply with the following standards:
1. Type 1 Manufactured Home:
a. Multi-sectional configuration enclosing a minimum floor area of 1,000
square feet;
b. Siding and roofing materials similar to the materials used in residential
dwellings in the community or which are comparable to the predominant
materials used on surrounding dwellings;
c. Minimum roof pitch of 3 feet vertical in 12 feet of width;
d. Thermal efficiency equivalent to the Oregon One- and Two-Family
Dwelling Specialty Code excluding units built prior to the effective date of this
Ordinance (5-1-94). These units shall meet or exceed the HUD energy standards
that were in effect at the time of construction.
2. Type 2 Manufactured Home:
a. Single-wide unit of not less than 12 feet wide enclosing less than a
minimum floor area of 500 1000 square feet;
b. Siding and roofing materials similar to the materials used in residential
dwellings in the community or which are comparable to the predominant
materials used on surrounding dwellings minimum roof pitch of 2 feet vertical in
12 feet of width;
c. Thermal efficiency equivalent to the Oregon One- and Two-Family
Dwelling Specialty Code excluding units built prior to May 1, 1994. These units
shall meet or exceed the HUD energy standards that were in effect at the time
of construction.
Note: Multi-sectional units placed on lots/parcels eligible for Type 2 units shall comply with all
of the standards of a Type I manufactured home.
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