Accessory Dwelling Unit (ADU) Community Workshop

Lake Park Town Commission, Florida Accessory Dwelling Unit (ADU) Community Workshop Minutes Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 March 27, 2024 6 pm ______________________________________________________________________________ CALL TO ORDER 6:00 P.M. INTRODUCTION: Community Development Director Nadia DiTommaso opened the meeting with a brief introduction of staff and Commission Members. SPECIAL PRESENTATION/REPORT: 1. A workshop with the public on accessory dwelling units. Town Planner Anders Viane presented (see Exhibit "A"). PUBLIC COMMENT/QUESTIONS: -A question was asked about entitlements. Town Planner Viane stated there would not be any difference between districts. -A question was asked about the reason for the difference in built coverage allowances. Town Planner Viane explained that they are almost identical. -A question was asked if the maps from the presentation are on the website. Town Planner Viane stated the maps might not be on the website and helped the resident figure out which district his property belonged to. -A question was asked if the ADU’s would only be allowed to have one story. Town Planner Viane stated that the plan was to only allow for one story. -A question was asked regarding right of way lanes. Town Planner Viane stated that right of way lanes were not available for construction. -A question was asked what the ADU units would be made from. Town Planner Viane stated that they would need to meet Florida Building Codes. He doesn’t believe wood frame is allowed. -A question was asked if a mobile home would be considered and if 4th Street would be included. Town Planner Viane stated that mobile homes would not be considered and that the property in question would be included. -A question was asked if the purpose of the meeting was to move forward with this and when the decision would be made. Town Planner Viane stated that the purpose of this meeting was to get feedback from residents and possibly move forward with an ordinance. -A question was asked about how many other workshops had been held on this matter. Town Planner Viane advised there had been two previous workshops. -A suggestion was made to move forward and not hold another workshop and that the residents of Lake Park should have a say on this matter. -A question was asked if more than one ADU would be allowed. Town Planner Viane stated only one would be allowed. -A question was asked if pre-fabricated homes would be allowed. Town Planner Viane stated that as long as the home meets code requirements, it is foreseeable that it would be allowed. -A question was asked if there will be relaxation in the code about building the required parking spaces on neighboring properties. Town Planner Viane stated that currently, that would not be allowed. -A question was asked if consideration would be given to neighbors to require fencing along with ADU’s. Town Planer Viane stated that he can see that becoming part of the requirements to have fencing or landscaping. -A question was asked about residences that already had a lot of vehicles on their properties and how that would be handled with the addition of an ADU. Town planner Viane stated that all of those issues would be a part of the review and could potentially help properties come up to code. -A question was asked about existing ADU’s that would not meet the new guidelines. Town Planner Viane stated that those things would be taken into consideration. -A question was asked what the minimum square footage would be. Town Planner Viane stated the Town would follow the Florida Building Code for minimum square foot requirements. -A question was asked how the Town will enforce the various codes in relation to ADU’s for properties that already don’t meet what the requirements will be. Town Planner Viane stated that the Town may need to take an enforcement initiative for residents using their ADU’s as Airbnb’s. Mayor Roger Michaud suggested there could be a process put in place to check for rental usage of ADU’s. -A comment was made about parking issues. -A question was asked about homestead exemption and how the ADU would affect this. Town Planner Viane stated that if the ADU was being used as a rental unit, it would not be able to be considered for a homestead exemption. -A question was asked if the Town could provide a list of approved contractors. Town Planner Viane stated that the Town generally does not make recommendations of that kind. -A comment was made about property value increases being applied consistently. -A comment was made about parking issues that need to be addressed. -A comment was made about the parking issues in Town. -A comment was made about cars parked in the street that are causing traffic issues. -A comment was made about parking issues that would be made worse by additional ADU’s in Town. -A question was asked if separate utilities would be allowed. Town Planner Viane stated that would be up to the utility provider. -A comment was made about parking issues. -A local realtor made comments about ADU’s and parking and how the ADU’s can bring more money to the area and will provide the opportunity to fix the parking issues. Community Development Director DiTommaso advised that the next step would include a draft ordinance that would go before the Town Commission. Accessory Dwelling Units 2024 Update Exhibit A Anders Viane, Planner – Community Development Department Introduction  This presentation continues the dialogue on the topic of Accessory Dwelling Units begun at prior meetings and workshops held on November 20, 2019, February 19, 2020, December 16, 2020, March 20, 2021, and most recently on January 17, 2024.  Following the last workshop held in 2021, staff paused this process to address parking concerns and transient rental concerns related to ADUs and to research best practices nationwide and around the world. Since that time, in reviewing code complaints and observing our existing rental properties and ADUs, staff has not found ADUs to be the cause of disproportionate and excessive code enforcement issues.  From our previous outreach efforts, staff has taken into account a range of opinions from the general public, private stakeholders, and Town Commission on ADU implementation. Recurring points of interest and concern include: transient occupancy, vehicle parking, and aesthetic and use harmony with the surrounding neighborhood. 2 Introduction (Cont.)  Based on what we’ve learned from all stakeholder participants as well as our own research into how ADUs have been implemented elsewhere, staff has put together a set of draft ADU code recommendations we feel will allow for safe, orderly, harmonious, and compatible ADUs in the Town.  These recommendations are intended to be the framework under which an ADU ordinance would be brought forward to the Commission.  Tonight we’d like to provide an overview of our recommendations and receive feedback from the public on the ADU concept. 3 Agenda  What’s an ADU and what’s not?  Why ADUs?  Affordability  Flexibility  Sustainability  How would ADUs work?  Current applicable zoning rules and staff’s recommended new regulations  Q and A 4 What’s an ADU?  Accessory dwelling units (ADUs) are Typical ADU secondary dwellings on single-family characteristics: parcels  Smaller massing than  Florida State Statute defines ADUs as the primary home “a secondary living unit that has a  Backyard location separate kitchen, bathroom, and sleeping area existing either within  Matching aesthetics the same structure, or the same lot, with the primary as the primary dwelling unit.” home  ADUs can be either attached,  Average 1-2 person internal to the primary dwelling or occupancy detached (standalone). 5 Source: City of Boulder, CO – Planning and Development Services (2020)  What’s an ADU? 415 Greenbriar Drive Primary Home: 1925 ADU: 1925 500 Evergreen Drive Source: Town of Lake Park Community Development (2024)  ADUs have historically served as a natural outlet for growth in Lake Park and can ADU: 1930 again! 6 Primary Home: 1925 Inside an ADU KITCHEN BEDROOM BATHROOM CLOSET 7 What’s NOT an ADU? 8 Why ADUs in Lake Park? Affordability – for current owners, new buyers, and renters Flexibility – for multigenerational households, parents and young adults Sustainability – for community health and the environment 9 Affordability – Lake Park Overview (2024) PBC 2010: 1,320,135 2024: 1,492,191 LP 2020: 8,556 2024: 9,047  Demographic change puts pressure on the supply-and- demand relationship of our housing market, impacting renters and owners.  If you spend more than 30% of your income on housing, you are cost burdened.  At the HUD standard, an owner making Lake Park’s median income of $56,775 (H + T Index) could mortgage $255,487 over 15 10 years. Source: Housing and Transportation Index (2024) On Affordability (2024, partial update) Lake Park Single-Family Sales Prices  As of the latest, US Census Bureau data, the owner- $700,000.00 occupied percentage of housing is 45.7% and the $600,000.00 median value of owner- occupied units is $322,400 $500,000.00  ADUs can help control rental costs by increasing supply $400,000.00  Additionally, the rental income ADUs can generate $300,000.00 could help facilitate purchases. $200,000.00  It is worth noting, however, $100,000.00 ADUs may also increase property value beyond what $0.00 can be financed even with a rental agreement in some cases for new buyers. 11 Source: Palm Beach County Property Appraiser (2020)  On Flexibility (2024) Source: American Community Survey(2022) Palm Beach Lake Park County Household Household Types Types Percentage 2014-2018 Percentage 2018-2022  Lake Park still has more Persons per 2.49 Persons per 2.67 extended families and household household persons per household than the PBC Average. 2018 Pop. 2022 Pop.  ADUs facilitate flexible 85 years 75 to 84 75 to 84 living arrangements for years and over Under 5 years 85 years Under 5 5 to 9 and over years Lake Park’s extended 6% 2% years 9% 5% 3% 7% years 5 to 9 7% and multigenerational 65 to 74 years 65 to 74 years 10 to 14 households. 5% 6% years years 11% 10 to 14 4%  Case studies suggest 60 to 64 years 60 to 64 years ADUs are usually 7% 3% years 15 to 19 rented to close friends 15 to 19 5% years 7% or the family of the years 6% 55 to 59 owner. Rather than 55 to 59 years bringing strangers into years 4% 20 to 24 20 to 24 the community, ADUs 6% years years 4% will most likely bring 7% 45 to 54 35 to 44 25 to 34 families closer 45 to 54 years 35 to 44 years years 13% years 12 25 to 34 years together. 17% years 16% 16% 16% 10% On Sustainability  ADUs promote sustainability by refreshing the housing stock and consolidating new development on existing parcels rather than greenfields.  The average age of a Lake Park house is 64! New ADUs, equipped with new technologies and built to today’s standards reduce energy consumption and may “refresh” older homes, giving them a unique asset to boost resale value.  Additionally, the rental income an ADU may generate could be reinvested into improvements in the main home. In this way, ADUs facilitate healthy community upkeep.  ADUs are consistent with Comprehensive Plan objectives, which are detailed more in the Fact Sheet. 13 How to ADU (Best Practices)  ADU’s exist throughout the US and around the world. They can be tailored to the unique needs of the communities that allow them.  Since ADU’s are widespread, there are a lot of best practices to learn from and staff has researched ADUs in a dozen municipalities from coast to coast and selected those standards we feel would fit best in Lake Park.  Many of our existing rules and regulations will still apply to ADUs. In the following sections, existing rules that apply to ADUs will be orange. New regulations staff is proposing to regulate ADUs will be blue. 14 Districts o The R-1 and R-1A zoning districts already allow for accessory structures.  Add ADUs to our accessory uses in the R1 and R1A. 15  Density  3.4.3 Future Land Use: Single family detached residences, with a maximum density not to exceed six (6) units per gross acre including permitted accessory uses.  Staff recommends amending the comprehensive plan to provide for an additional half-unit density entitlement for ADUs. 16 Minimum Lot Size 75’  In Lake Park, the smallest legally conforming lot is 7,500 SF for an interior parcel and 10,000 SF for a corner lot. 100’  The average lot size is 10,495 SF.  Staff recommends making all parcels eligible for an accessory dwelling structure, provided they meet the maximum building coverage in their district. 17 Building Coverage C  Built coverage deals with “how much” structure you can build on your property. D  Buildable area is 50% in the R-1A and 60% in the R-1 District. B  Minimum 35% pervious area required. A  ADUs would be regulated under this same Y framework but could also be controlled with a maximum area. X  Staff recommends a maximum ADU coverage of 1000 SF. So long as an ADU doesn’t exceed the maximum ADU area and the maximum built If A + B + C + D </= 50% or 60% of X * Y coverage on the lot, it would be permitted. 18 Setbacks  Setbacks promote harmony between structures and properties 7’  In the R-1 and R-1A, setbacks are as follows:  30’ Front in R-1 or 25’ in blocks where established  35’ Front in R-1A or 25’ in blocks where established 10’  15’ Street Side 15’  10’ Side  7’ Rear 30-35’ or 25’  Staff recommends applying the existing setback standards to accessory structures in the R1 and R1A districts. Additionally, staff proposes a new accessory dwelling structure be set back at least 10 feet from the primary structure, per the Florida Building Code. 19 Access  Since ADUs are not currently allowed, there are no access standards for ADUs.  Staff recommends that ADU owners be able to access their unit through the side yard of their property along a sidewalk that connects from the right-of- way to the ADU’s front door, set back from the side property line by at least 4 feet. 20 Parking  The Town Parking code requires at least two 8’ X 20’ spaces per dwelling unit.  Staff believes ADUs will not generate significant additional traffic.  Based on the Institute of Traffic Engineers’ Trip  Staff recommends that every accessory dwelling unit either Generation Manual, it is demonstrate the ability to accommodate parking on site estimated that ADUs would using existing driveway area or provide a new space per 78- generate no more than 10 142-1 (1) and 78-142 (c)(9)c.1. No grass parking and no trips per day per unit. exceptions! 21 Architectural Standards • Lake Park currently requires all accessory structures be “harmonious and compatible” with the primary dwelling in design. • Maximum ADU height would be 1 story • Architectural design standards are a commonsense inclusion for  Staff recommends that accessory dwelling units conform to the any ADU ordinance and preexisting standards for accessory structures generally, which requires they be harmonious and compatible with the primary dwelling in features shouldn’t serve to hinder such as color, height, and materials. We recommend a 1-story height ADU development. limit. 22 Landscaping • Lake Park currently requires all residential parcels meet our minimum landscaping requirements. • Additional landscaping restrictions can be put on ADUs to reduce visual Staff recommends that every ADU provide for landscape screening if it impacts from the is visible from the public right of way or if visible from a neighbor’s street. property. 23 Storm Water Retention • Lake Park currently requires all residential parcels meet the minimum 35% pervious Staff recommends that every site approved for an area required. ADU provide 1 of the following: • Rain barrels and Raingardens to collect runoff • ADUs, like any structure, displace runoff, but from the new ADU roof impervious area. this can be mitigated. • Bioswales to trap any runoff before it gets to the road Right-of-Way • A vegetated buffer with water holding capacity for infiltration. • Any combination of the above • Additionally, new ADUs should require plan review approval from Public Works/Stormwater Division 24 Approval Process  New accessory structures like cabanas and garages and home additions are already administrative approval items that must meet many of the standards just overviewed.  Staff recommends ADUs be an administrative approval item. Additionally, staff recommends every ADU, prior to receiving a certificate of occupancy, fill out a sworn affidavit that affirms whether the owner intends to rent. If the owner does intend to rent, they would also be required to fill out a rental business tax receipt application prior to CO. 25 Occupancy Standards • Lake Park currently defines Family as “one person or a group of two or more persons living together and interrelated by bonds of legal adoption, blood, or a licit marriage, or a group of not more than three people who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.” • As one dwelling unit, ADUs would be limited to 1 family or no more than 3 unrelated people. • Staff recommends allowing an ADU owner or their family to occupy either their main home or the ADU. Additionally, staff recommends allowing for families that meet our definition to occupy an ADU. 26 Rental Standards • Who an ADU is rented to and for how much are at the discretion of the ADU owner, but here are the regulations that Lake Park currently applies to single-family rentals. Currently, 16 of 47 Town ADUs have rental BTRS. • Single-family rentals are currently allowed. All single-family rentals currently require a rental business tax receipt and a code enforcement health/safety inspection to operate. • Transient rental, defined as “a dwelling that is operated or used in such a way that it has a turnover in occupancy of more than two times in any one year,” is prohibited in single-family zones. • All ADUs would have to follow our existing rental standards. Additionally, pursuant to prior discussions, staff recommends additional conditions on ADU rentals if the current Commission is in agreement. These are: the owner or agent of the owner must reside on-site. Staff recommends applying these criteria to all rentals in Town going forward. • If any of these conditions are violated, the property would be subject to code enforcement action. 27 Utility Considerations  Applicants will need to provision for additional water and power utility connections to their ADU. These designs will vary on a case-by-case basis depending on the existing infrastructure of the home and will be subject to building permit approval and the standards of Seacoast and FPL, respectively.  Both utility providers were previously contacted for comment on the ADU concept and reported no concerns. 28 Tax, Insurance, and Legal Considerations  Lake Park ADUs provide significant taxable value to the Town. As of 2021, the Palm Beach County property appraiser acknowledges 50 ADUs in Lake Park, which collectively accounted for $2,379,599 in taxable value out of a total of $152,713,615 of taxable value on all single-family residential parcels.  ADUs, or portions of property, that are rented would not be able to be Homesteaded.  Historic properties applying for a new ADU would have to go through the special certificate of appropriateness process to determine compliance with the historic code.  Based on staff inquiries with insurers, it appears ADUs would be insured under a similar formula as that used for single-family homes.  All existing ADUs throughout the Town would be legalized through this ordinance.  Existing legalized ADUs would be subject to our new zoning standards, so legalizing ADUs will allow for nonconforming ADU properties to come into compliance on issues like parking and rental occupancy over time through the building permit and the business tax receipt processes. 29  253 Evergreen Dr 233 Park Ave Thank you for your time! 754 Date Palm Dr Please contact staff with further questions or comments at 561-881-3320 EXT 320. 30