Accessory Dwelling Regulations Update. County Board Work Session. July 11, 2017

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1 Accessory Dwelling Regulations Update County Board Work Session July 11,

2 Agenda 1. Staff presentation 2. Discussion: Key Elements of Proposed Detached Accessory Dwellings Maximum Occupancy Minimum Lot Width Requirement Time Requirement for Owner Occupancy 3. Basement AD Portland, OR accessorydwellings.org 2

3 Presentation Outline Background English basement Washington, DC zillow.com 3

4 Affordable Housing Master Plan Background Identified ADs as an existing tool to: Provide an adequate supply of housing Help older adults age in place Provide a typically lower-priced housing alternative Enable homeowners to receive additional income Recommended review of ordinance to encourage greater use Board directive during adoption was to look into adjustments over the next two years 4

5 Demographics Background Older adult households are expected to grow three times faster than other households Many older adults want to remain in Arlington but worry about rising housing costs Average age of homeowner creating an AD in Arlington is 55 Sharp decline in the number of market affordable housing units Affordable housing gap of 7,000 units Average rent charged for an AD in Arlington is $1,000 5

6 Goals for revised zoning Background Make it easier for residents to add accessory dwellings Maintain residential neighborhood character 6

7 What is an Accessory Dwelling? Background In Arlington, an accessory dwelling (AD) is an independent dwelling unit that: Has its own kitchen and bath Is within a single family detached house Is designed, arranged, used or intended for occupancy by not more than two persons Has a separate entrance AD must meet building code requirements for a separate unit: fire separation, fire egress, separate heating and air handling 7

8 Unit Types Background Accessory dwellings are currently allowed in all R districts in one family detached dwellings 8

9 Other Residential Accessory Options Background Family/Caregiver Suite Not more than two rooms plus a bathroom and efficiency kitchen; maximum of 500 sq. ft. Occupied by up to 2 persons related by blood, marriage, adoption or foster care or providing on-site care Must have interior access to the rest of the dwelling Short-term Residential Rental Allows residents to host overnight guests for stays of less than 30 days in the residential dwelling unit that they reside in as their primary residence 9

10 History Background 2009: Arlington s accessory dwelling regulations implemented 20 approved 2015: AHMP adopted, with guidance to review AD regulations for increased flexibility 2017: Draft recommendations developed, with staff and citizen input 10

11 Accessory Dwelling Locations Year # Approved Total 20 11

12 Process Background Staff and working group review (February-May 2017) Working group comprised of staff, Housing Commission, Commission on Aging, Civic Federation and Alliance for Housing Solutions: Reviewed best practices Spoke with accessory dwelling applicants to identify barriers Reviewed current regulations and effectiveness Examined ordinance provisions that may limit usage Identified preliminary ideas for community discussion 12

13 Process Background Community engagement ( ) Missing Middle Design Gallery (fall 2016) Affordable Housing Month materials (fall 2016) Arlington Home Show and Expo (April 2017) Accessory Dwelling Community Forum (May 2017) Community Survey (July 2017) 13

14 Background Many communities across the country have ADs, with names like granny flat and inlaw suites Many jurisdictions are reviewing or amending existing regulations for greater flexibility: Allowing for larger accessory dwellings Allowing for greater occupancy Allowing both attached and detached accessory dwellings Some jurisdictions do not currently allow ADs, such as the City of Alexandria 14

15 Comparison of Local Regulations Background Arlington County Fairfax County Montgomery County Washington, DC ADs allowed Yes Yes Yes Yes Detached allowed Size Owner occupancy No Yes Yes Yes 1/3 GFA, max 750 sf Not to exceed 35% GFA Less than 50% GFA, max 1,200 sf Yes Yes Yes Yes Not to exceed 35% GFA Maximum occupancy max (based on building code) 3 15

16 Comparison of Installation Rates Background Annual # after original ordinance Action Portland 27 (2009) Waived system development charges (2009) Seattle 35 attached (2010) Permitted detached ADs (2010) Increase in annual # after action Applications more than tripled Following 3 years averaged 30/year detached Installation rate 135 ADs/Year 150,000 S-F Homes 0.09% 50 ADs/Year 130,000 S-F Homes Santa Cruz 120 total ( ) Allowed in more zoning districts, affordability incentive (early 2000s) 220 total ( ) 0.04% 20 ADs/ Year 18,000 S-F Homes 0.11% Arlington 20 Total ( ) 3 ADs/Year 28,000 S-F Homes 0.01% 16

17 Examples of Detached ADs Background Backyard bungalow AD Santa Cruz, CA 1 bedroom, 1 bath, 500 sq. ft. AD above a garage Mount Pleasant, SC 1 bedroom, 1 bath 17

18 Proposed Background Elements include: 18

19 Background Proposed Detached Accessory Standards Maximum accessory building height Placement (using existing accessory building requirements) Accessory building footprint Smaller of: 1½ stories 25 feet Rear setback Side setback Other (front or street setback) Setback from main dwelling Corner: 10 from lot line Interior: 1 from lot line Corner: 1 from interior lot line Interior: 1 from lot line Corner: 25 from any street Interior and corner lots: 8 R-5 and R-6 districts: 560 sf All other R districts: 650 sf Proposed regulations are consistent with detached accessory buildings 19

20 Illustration of height restriction for detached ADs Height from midpoint of roof to grade must not exceed Knee wall must not exceed 2 in height 25 20

21 Illustration of maximum size and minimum setback for detached ADs - aerial 21

22 Illustration of maximum size and minimum setback for detached ADs street view 22

23 Background Maximum Size Requirements Type Current Proposed Attached 1/3 of combined GFA up to maximum of 750 square feet 35% of GFA, up to maximum of 1,000 square feet (in basement) 35% of GFA, up to maximum of 750 square feet (above basement) Detached Not allowed 35% of GFA, up to maximum of 750 square feet 23

24 Background Occupancy Requirements Current Maximum occupancy 2 persons Owner occupancy required Owner must live in house for a year before AD approval Proposed Maximum occupancy 3 persons No change No minimum time required prior to creating an AD No home occupations for contractors or service businesses allowed Remove restriction on home occupations 24

25 Background Design Requirements Current AD on a corner lot cannot have entrance visible from street Entrance to AD may not be on same side of house as main entrance to main dwelling AD with an entrance above the first floor cannot have exterior stairs visible from the street Proposed Remove requirement Main entrance and AD entrance may be on same side of house, as long as not facing same direction Exterior stairs to a second story AD cannot be on the same side of house that faces a street 25

26 Illustration of Design Requirements Location of Front Door Would be Allowed 26

27 Illustration of Design Requirements Location of Front Door Would Not be Allowed 27

28 Illustration of Design Requirements Location of Exterior Stairs Interior Lot Corner Lot 28

29 Background Lot Area/Width Requirements Current Proposed Lot must meet minimum area requirements of district 50 foot minimum lot width required No change No minimum lot width required 29

30 Background Compliance Requirements Current Owner agrees to cooperate with Code Enforcement staff for annual inspections and for complaints. Proposed No change AD recorded on deed covenant Require deed covenant reexamine language to help with financing constraints Affidavit of compliance is required at initial occupancy and whenever new tenant(s) move in Annual limit of 28 accessory dwellings Affidavit of compliance required at initial occupancy only, for each new owner or when structural changes are made to the AD No change 30

31 Background Parking Requirements Current One existing parking space must be maintained Two existing parking spaces must be maintained If no existing parking spaces: Create one on-site space; or Conduct parking survey (no parking requirement if block is <65% parked) If two or more spaces that are not tandem, then at least two such spaces shall be maintained Proposed No change No change Remove requirement 31

32 Illustration of Parking Requirements Existing Condition Option 1 Option 2 or Can maintain tandem or two with access to street 32

33 Background Short-Term Residential Rentals Current Accessory homestay is allowed in an attached accessory dwelling Accessory homestay is not allowed in a detached accessory building Proposed No change Allow in a detached accessory building only when it is approved as an accessory dwelling 33

34 Background Timeline Survey results compiled (July) finalized (July) reviewed: ZOCO 1 to 2 meetings (July) Housing Commission (October) Request to Advertise (October) Planning Commission (November) County Board action (November) 34

35 Background Discussion on Key Elements of Proposed Detached accessory dwellings Maximum occupancy Minimum lot width requirement Time requirement for owner occupancy limit 35

36 36

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