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HomeMy WebLinkAbout2017 10 03 AIS DPW ADU Code AmendmentsAGENDA ITEM SUMMARY Meeting Date: 10/3/2017 Meeting Type: Work Session Staff Contact/Dept.: Sandy Belson/DPW Staff Phone No: 541-736-7135 Estimated Time: 30 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 proposed development code amendments to encourage the creation of accessory dwelling units (ADUs). Discuss the outcomes of the Historic Commission meeting (Sept. 26) and Open House (Sept. 28). 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. ATTACHMENT: 1. Proposed Amendments to the Springfield Development Code to Encourage Accessory Dwelling Units, September 14, 2017 Draft DISCUSSION: The proposed amendments in the attachment: 1 ) incorporate direction from the Planning Commission’s work session on July 18: Allow ADUs in the Washburne Historic District Remove the minimum size requirement for an ADU Change wording to allow on-street parking “directly abutting” the property to meet the parking requirement for an ADU rather than “adjacent to” the property 2) include revisions that staff identified to make the code internally consistent and consistent with adopted policies 3) identify revisions needed to comply with Senate Bill 1051 Allow ADUs in HDR zone as that zone allows detached single-family dwellings Provide clear and objective design standards The Planning Commission gave direction to allow an unpaved parking space on-site if it was accessed from an unpaved alley. However, the City requires that if new development takes access from the alley, that the developer pave the alley. Therefore, in order to protect the paved alley, the parking space would need to be paved so that the vehicles parking off the alley would not be tracking gravel into the alley. Thus, this recommendation was not included in the proposed amendments. 1 Proposed Amendments to the Springfield Development Code to Encourage Accessory Dwelling Units September 14,2017 KEY CHANGES The proposed amendments expand options for accessory dwelling units in the following ways: Allow an existing small dwelling to become an ADU (if it is less than 750 square feet),and build a primary dwelling unit. Allow ADUs on properties zoned medium and high density residential. Allow ADUs in the Washburne Historic District,subject to the requirements of Springfield Development Code Section 3.3900 (Historic Overlay District). Remove the minimum size requirement of 300 square feet for an ADU. Remove the ratio requirement (currently an ADU cannot exceed 40 percent of the size of the primary dwelling),while maintaining the maximum ADU size requirement of 750 square feet. Allow more flexibility in the location of the entrance to the ADU. Waive the onsite parking requirement if there is on street parking available directly abutting the property (and there are no adopted plans to remove the onstreet parking). Allow an unpaved parking space onsite,if there is a paved driveway (at least 18 feet long measured from the property line)that serves the parking space for the ADU. Remove requirement for the property owner to live on site. Allow more options for meeting design standards,including removing requirements that exterior finish materials,trim,roof pitch,windows,and eaves be essentially the same as the primary dwelling. Allow manufactured homes (Type 2)and approved towable structures as ADUs so long as they are permitted,inspected,and approved by the local authority. PROPOSED AMENDMENTS The proposed amendments are shown in legislative format (deleted text with strikethru red font and new text with double underline red font).Commentary is shown in purple italics font. Chapter 3 Land Use Districts Section 3.2210 Schedule of Use Categories Commentary:Allow accessory dwelling units in all areas zoned for detached singlefamily dwellings as required by Oregon Revised Statutes 197.312 (5)which was added by Senate Bill 1051. Use Categories/Uses Zoning Districts Residential Uses LDR SLR MDR HDR Dwellings Accessory dwelling unit (Section 5.5 100)P P NP NP Attachment 1, Page 1 of 9 2 Chapter 5 The Development Review Process and Applications Section 5.5 Accessory Dwelling Units 5.5105 Purpose Commentary:Delete the first section of the Purpose which actually defines an accessory dwelling unit and rely on the definition that is in Chapter 6. A.A singlefamily accessory dwelling unit: 1.Is a secondary,selfcontained dwelling that may be allowed only in conjunction with a detached singlefamily 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 singlefamily dwelling. Commentary:Match the purpose of accessory dwelling units to policy language in the Springfield 2030 Comprehensive Plan Residential Land Use and Housing Element (Policies H.6,H.9,H.11,and H.15). BA.An accessory dwelling unit is intended to: 1.Provide the opportunity to Aadd accessible and affordable units to existing housing stock neighborhoods and new residential areas; 2.Provide flexibility to accommodate for changes in household size or composition over the course of time,allowing for intergenerational living and onsite caretakers/assistants; 3.Make efficient use of residential land;and 43.Fit into the Protect neighborhood while maintaining stability,property values,and in the case of lowdensity residential zones,the singlefamily residential appearance of the neighborhood by ensuring that Accessory Dwelling Units are constructed under the provisions of this Section. Commentary:Make grammatical structure consistent for each phrase. CB.An accessory dwelling may be established by: 1.Convertingsion 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 Attachment 1, Page 2 of 9 3 3.Constructingon of a detached accessory dwelling unit on a lot/parcel with a primary singlefamily dwelling. Commentary:Allow existing small dwellings to become the accessory dwelling unit. 4.Converting an existing dwelling unit to the accessory dwelling unit (if it is less than 750 square feet)and building a primary dwelling unit. 5.5110 Applicability Commentary:Allow accessory dwelling units to be built first or at the same time as the primary dwelling. A. Accessory dwelling units are permitted on LDR properties with an existing primary dwelling, within the city limits. Commentary:Allow accessory dwelling units in all areas zoned for detached singlefamily dwellings as required by ORS 197.312 (5)which was amended by SB 1051 as long as the new development would meet the minimum density requirements in the MDR or HDR zoning district.If the lot or parcel developed with a singlefamily house is larger than those listed below,then the property owner would need to consider other options such as land divisions or building multifamily dwellings in order to achieve the minimum density requirements. B. Accessory dwelling units are permitted on MDR properties with a primary dwelling,within the city limits,according to the following standards: 1. On a lot or parcel with area 6650 square feet or less,one or two accessory dwelling units are permitted. 2. On a lot or parcel with area greater than 6650 square feet but not greater than 10,000 square feet,two accessory dwelling units are permitted.A single accessory dwelling unit on such lot or parcel is not permitted. 3. An accessory dwelling unit is not permitted on a lot or parcel with area greater than 10,000 square feet. C. Accessory dwelling units are permitted on HDR properties with a primary dwelling,within the city limits,according to the following standards: 1. On a lot or parcel with area 3200 square feet or less,one or two accessory dwelling units are permitted. 2. On a lot or parcel with area greater than 3200 square feet but not greater than 4800 square feet,two accessory dwelling units are permitted.A single accessory dwelling unit on such lot or parcel is not permitted. Attachment 1, Page 3 of 9 4 3. An accessory dwelling is not permitted on a lot or parcel with area greater than 4800 square feet. Commentary:Allow accessory dwelling units in the Washburne Historic District. D. EXCEPTION:Accessory dwelling Uunits are prohibited on lots/parcels within the Washburne Historic District are subject to the requirements of Section 3.3900 . 5.5115 Review An accessory dwelling unit is reviewed under Type I procedure. 5.5120 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 5.5125 can be met. 5.5125 Development Standards Commentary:Make accessory dwelling unit “single”for style consistency. An 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. Commentary:Rely on 5.5 140 to regulate the minimum lot/parcel size. B.The minimum lot/parcel size to construct an accessory dwelling unit is as specified in Section 3.2215. CB.The accessory dwelling unit shall contain a kitchen,bathroom,living,and sleeping area that are completely independent from the primary dwelling. Commentary:Remove the ratio requirement for size of the accessory dwelling unit. DC.The accessory dwelling unit shall not exceed 750 square feet or Tthe square footage of the accessory dwelling unit shall not exceed 40 percent of the primary dwelling (exclusive of the garage for the primary dwelling),whichever is less.Within this standard,the minimum area shall not be less than 300 square feet.The maximum area shall not 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. Attachment 1, Page 4 of 9 5 The minimum and maximum square footage shall be 300 square feet when the existing primary structure is less than 750 square feet in size. Commentary:Incorporate building code requirement that an accessory dwelling unit must have its own outside entrance and remove requirement that allows only one entrance. ED.The accessory dwelling unit shall have When separate an outside entrances to the accessory dwelling unit are proposed:that is separate from the entrance to the primary dwelling. Commentary:Allow more flexibility in the location of the entrance. 1.Only 1 entrance may be located on the front or street side of each residence. 2.A 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. FE.Each dwelling shall have its own address. Commentary:Waive the onsite parking requirement in some situations where onstreet parking is available.Also,remove the requirement for the on site parking space to be paved if there is a paved driveway providing access to the parking space. FG.One paved,offstreet parking space 9 feet by 18 feet in size,in addition to that which is required by Section 4.6100 is required unless there is onstreet parking available directly abutting the property and there are no adopted plans to remove the onstreet parking.The onsite 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. Commentary:Remove this requirement to allow existing small homes to become the accessory dwelling unit. H.The accessory dwelling unit may not be occupied prior to occupancy of the primary dwelling. Commentary:Remove the requirement that the property owner live on site. 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. 5.5130 Design Standards Commentary:Provide the property owner more flexibility in design of the new dwelling while also including clear and objective design standards (as required by Oregon Revised Statutes 197.307 (4)which was amended through Senate Bill 1051). An accessory dwelling unit shall comply with the following standards,where practicable the: Attachment 1, Page 5 of 9 6 A. A.Exterior finish materials shall be either: 1. tThe same or essentially the same visually matching those of in terms of type,size, placement and finish as the primary dwelling in terms of type,size,and placement,or 2. Made from wood,composite boards,vinyl or aluminum products composed in a shingle pattern,or in a horizontal clapboard or shiplap pattern with boards 7 inches or less in width. B.Roof pitch shall match the roof pitch of the primary dwelling.Minimum roof pitch shall be 2 to 12. C.The trim around all doors and windows shall be either the same in type,location and finish as the primary dwelling or shall be at least 3 ½inches wide. D.Windows on all street facing facades shall either match those of the primary dwelling in terms of proportion (height and width ratio)and orientation (vertical vs.horizontal)or no window shall be wider than it is tall. E.Eaves shall either project from the accessory dwelling unit addition the same distance as the eaves on the primary dwelling or shall project from the building walls at least one foot on all elevations. Commentary:Add a height limit for a detached accessory dwelling to ensure that it is subordinate in size and appearance. F.If the accessory dwelling is detached from the primary dwelling,it may not exceed the height of the primary dwelling.Adding an accessory dwelling within the primary dwelling or attached to the primary dwelling can result in additional height of the primary dwelling as long as it continues to comply with overall height requirements. Commentary:Remove this subsection as it is no longer necessary. 5.5135 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: A.The accessory dwelling unit complies with the provisions of Sections 5.5105 through 5.5130; 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. 5.5140 Non conforming Lot/Parcel Sizes Commentary:Improve the wording. Attachment 1, Page 6 of 9 7 Accessory dwelling units shall not be permitted on lots/parcels that do not meet the applicable minimum lot/parcel size stated in Section 3.2215. 5.51 435 Prohibited Use Commentary:Allow Type 2 Manufactured Homes and approved towable structures as accessory dwelling units. 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 6.1110 Meaning of Specific Words and Terms Commentary:Remove redundant definition and replace with a cross reference. Accessory Dwelling Unit A secondary,selfcontained dwelling that may be allowed only in conjunction with a detached singlefamily dwelling.An accessory dwelling unit is subordinate in size,location,and appearance to the primary detached singlefamily 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 singlefamily dwelling.See Dwelling Unit,Accessory Commentary:Change definition to allow an existing house to become the accessory dwelling unit.Also, require a separate outside entrance for the accessory dwelling unit as required by building codes. Dwelling Unit,AccessoryA secondary,selfcontained dwelling that may be allowed only in conjunction with a detached singlefamily dwelling.An accessory dwelling unit is subordinate in size,location,and appearance to the primary detached singlefamily 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 singlefamily dwelling. Commentary:Change definition to recognize that accessory dwelling units could share a wall with the singlefamily dwelling. Dwelling,Detached SingleFamily A singlefamily dwelling on its own lot/parcel that does not share a wall with any other dwelling other than an accessory dwelling unit.ThisA detached singlefamily dwelling may be either site built or a manufactured dwelling. 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. Attachment 1, Page 7 of 9 8 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 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.Multisectional configuration enclosing a minimum floor area of 1,000 square feet; Commentary:Make the design standards clear and objective as required by Oregon Revised Statutes 197.307 (4)which was amended through Senate Bill 1051. b.Siding and roofing materials made from wood,composite boards,vinyl or aluminum products composed in a shingle pattern,or a in a horizontal clapboard or shiplap pattern with boards 7 inches or less in widthsimilar to the materials used in residential dwellings in the community or which are comparable to the predominant materials used on surrounding dwellings; Commentary:Make the language for roof pitch consistent with other sections of the code. c.Minimum roof pitch of 3 feet vertical in 12 feet of width; d.Thermal efficiency equivalent to the Oregon One and TwoFamily Dwelling Specialty Code excluding units built prior to the effective date of this Ordinance (51 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: Commentary: Allow manufactured homes larger than 500 square feet but smaller than 1000 square feet to be included as a Type 2 Manufactured Home.Manufactured homes up to 750 square feet could be used as an accessory dwelling unit. a.Singlewide unit of not less than 12 feet wide enclosing less than a minimum floor area of 500 1000 square feet; Attachment 1, Page 8 of 9 9 Commentary: Make the design standards clear and objective as required by Oregon Revised Statutes 197.307 (4)which was amended through Senate Bill 1051. b.Siding and roofing materials made from wood,composite boards,vinyl or aluminum products composed in a shingle pattern,or a in a horizontal clapboard or shiplap pattern with boards 7 inches or less in widthsimilar to the materials used in residential dwellings in the community or which are comparable to the predominant materials used on surrounding dwellings; Commentary:Make the language for roof pitch consistent with other sections of the code. c.mMinimum roof pitch of 2 in feet vertical in 12 feet of width; cd.Thermal efficiency equivalent to the Oregon One and TwoFamily 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. Commentary:Correct inconsistent labelling (Arabic numeral instead of Roman numeral). Note:Multisectional units placed on lots/parcels eligible for Type 2 units shall comply with all of the standards of a Type I1 manufactured home. Attachment 1, Page 9 of 9