| | | | | | | |  | Committee Assignments - C4 K
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | June 28, 2023 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - LDR AMENDMENT FOR ADMINISTRATIVE REVIEW OF ADU IN SINGLE FAMILY HISTORIC DISTRICTS. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the attached ordinance to the Planning Board. |
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| | | | | | | | BACKGROUND/HISTORY
| On February 22, 2023, at the request of Commissioner Ricky Arriola, the City Commission referred discussion item (C4 D) to the Land Use and Sustainability Committee (LUSC). On April 19, 2023, the item was deferred to the May 10, 2023 LUSC meeting, with no discussion.
On May 10, 2023, the LUSC recommended that the City Commission refer an ordinance to the Planning Board with the following amendments:
1. The size of an accessory dwelling unit (ADU) be increased from 400 square feet to 600 square feet, to better accommodate smaller lots.
2. The requirements for property ownership shall not be limited to homesteaded properties.
3. Entrance visibility on corner lots shall be further studied.
The LUSC also recommend that the City Commission refer the attached draft ordinance to the Planning Board to allow for administrative review of ADU’s in local historic districts. |
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| | | | | | | | ANALYSIS
| The attached draft ordinance would allow for administrative review of ADU in single family historic districts. Specifically, Section 2.13.7.c is proposed to be amended to include the following additional applications for a certificate of appropriateness to be reviewed by the staff of the historic preservation board:
Accessory Dwelling Units (ADU) within single family districts, provided the proposed ADU does not require the demolition or alteration of architecturally significant portions of a building or structure.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | The City’s 2019 Strategic Plan: Through the Lens of Resilience cites increasing mobility and housing options as a major objective to attract and retain young families as residents, become less automobile-centric, and establish a more local full-time community. |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. The City Commission refer the attached ordinance to the Planning Board.
2. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Vice-Mayor Ricky Arriola |
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