An Ordinance By The Pasco County Board Of County Commissioners Amending The Pasco County Land Development Code; Section 503 A-C Agricultural District; Section 504 AC-1 Agricultural District; Section 505 A-R Agricultural-Residential District; Section 506 AR-1 Agricultural-Residential District; Section 507 AR-5 Agricultural-Residential District; Section 509 E-R Estate Residential District; Section 510 ER-2 Estate Residential District; Section 512 R-1MH Single-Family/Mobile Home District; Section 514 R-1 Rural Density Residential District; Section 515 R-2 Low Density Residential District; Section 516 R-3 Medium Density Residential District; Section 517 R-4 High Density Residential District; Section 530.3 Construction Of Accessory Buildings And Structures; Creating New Section 530.24 Accessory Dwelling Units; Appendix A Definitions; And Other Sections, As Necessary, For Internal Consistency; Providing For Applicability; Repealer; Providing For Severability; Inclusion Into The Land Development Code, And An Effective Date.
What the county recorded
Staff recommendation
Approve
DispositionAdopted
Approved to adopt with the notation that they can go to 1,200 square feet and to leave the stormwater part out by a roll call vote with Chairman Starkey voting nay.
The source document
The county’s agenda for Board of County Commissioners, Apr 9, 2025
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Apr 9, 2025
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDE-25-0103 in full →PDE-25-0103 was taken up 4 times between Feb 20, 2025 and Apr 9, 2025, continued 1 time — this is appearance 4.
- Feb 20, 2025PlanningR2No disposition in the minutes
- Mar 11, 2025BoardP36▶No action
- Mar 25, 2025BoardP34▶Continued
- Apr 9, 2025BoardP34▶Adoptedthis item
What was said
Machine transcription of 39m of recording, with speaker names inferred from voice matching. 72% of 226 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Item P 34 was published in the Tampa Times on February 5, 2025. The item was continued from March 25, 2025 BCC meeting to today.
All right, uh good afternoon, Commissioner. Patrick Dutter, Planning, Development, Economic Growth. Uh this is the uh much awaited ADU uh ordinance. Um reading the title here: uh an ordinance by the Pasco County Board County Commissioner Oakending the Pasco County Land Development Code, Section 503, AC Agricultural District, Section 50504, AC-1 Agricultural District, Section 505, AR Agricultural District, Section 506 AR1. Agricultural Residential District, Section 507, AR5, Agricultural Residential District. Section 509, ER Estate
Residential District, Section 510, ER2, Estate Residential District. Section 512 R1MH Single Family Mobile Home District. Section 514 R1 Rural Desert Density Residential District. Section 515 R2 Low Density Residential District. Section 516 R3 Medium Density Residential District. Section 517 R5 D. for high density residential districts, section five thirty point three, construction of accessory buildings and structures. Creating new section 530.2 for accessory dwelling units, appendix A definitions and other sections as necessary
for internal consistency, providing for replicability repealer, providing for severability, inclusion of the land development code, and an effective date. So if you recall, I think a month ago we had some conversation about the proposed ADU language uh and we had I think some very good um dialogue and so we have some updates based off of that dialogue and some things that we've changed in the code since then. Um but first before I do that um there is an update for ADUs on the state level. Um
so legislation is making its way through the house, both the House and Senate for ADUs. Uh the intention is to require local governments to adopt an ordinance to permit ADUs for affordable housing. Uh depending on the legislation that go get that gets adopted, we may in the not so distant future have to come back and amend our code. So we'll see. See what happens there. Um it's House Bill 247 and Senate Bill 184. So just to have that on your radar.
Well in effect ADUs are affordable housing, so what what's the difference?
I I don't know the specifics of the language, but I think we just gotta keep an eye out to see if it affects anything.
This is just to monitor and come up in case there's a nuance. But we're not anticipating any issues with it right now. Ralph, I don't believe so he's shaking his head.
Well they should be happy we're doing an ADU ordinance.
Right. Okay. Okay. So some discussion points from our last meeting. So one is there potential for larger ADUs on larger lots? So staff response to that as for the board to consider permitting parcels with one acre more of land to have an ADU up to twelve hundred square feet. Note this can still be exceeded with the approval. of a special exception. So I think right there was uh conversation about potentially larger lots, um should get
larger ADUs and uh trying to meet in the middle there. So that's a proposed solution.
Is uh do you want us to discuss this now or when you're done?
You can discuss now if you'd like.
Okay, well I would be against that.
Madam Chairman
Mariano. That's a house, not an ADU. That's not an accessory, yes.
Did everyone did everyone see the copy of the uh email from Grover Flack Designs? I think you sent it out to everybody, no?
When
Uh what was in last week? Uh could you put it up, Tony? I I read you the email. He's a he's a designer. He says I've designed a new home for my niece, her husband In which they put it up for permitting. However, I didn't realize that Pasco County didn't currently have an ordinance for accessory dwelling units. After speaking with someone from zoning, I understand the commission is currently reviewing considering a new ordinance for accessor accessory dwelling units. I've attached the current ordinance from Hernando County for accessory dwelling units that has been in place since twenty
twelve. I didn't even know they had one. Or
Nando?
Ornando. I hope you can take consideration of Hernando County ordinance the way it's written and can adopt some language. In particular, I'd like to see the following from Hernando County's ordinance. An accessory dwelling unit shall be subordinate to the primary structure such that the maximum gross habitable floor area of the accessory dwelling unit shall not exceed 50% of the gross habitable floor area of the primary. Dwelling units. You won't have like a small house and a big house type thing. Um with the 50% rule,
in lieu of having a maximum set gross habitable floor space, the designs of the ADU can then have better layouts. No matter how big over the home the owners would want, the ADU cannot be any larger than what the size of the lot can allow with all the setbacks. Uh he attached some uh briefings with it, but for instance this one here that he sh he sent over it has an area of uh the house has a floor area of twenty five hundred eleven feet and the ADU has twelve hundred and forty feet. It fits their thing, it's at forty nine point four
percent. It's been ta tried and tested for thirteen years out there, it's worked pretty well and uh again he th he thought we had one so we had to kinda take a step back. But But this I think does what we're trying to do and it fits in line with what would probably work better coming from an engineer designer.
Well I'm I I to me that's a house. That's a three bedroom house. I don't think that's what our intent is. Um it's for me it's too big, but I will um is this our first or second meeting? Second. Okay. Um I just put some text out to people who are more knowledgeable than me, but I I've never I've not heard of that as an that size as an accessory dwelling unit. I think it's too big. And then you're gonna start having kids. Then you're gonna st then you're gonna start having a
lot more cars and then you're gonna have school impacts because you're gonna have a three bedroom house and where are all those cars gonna park? So I I I I personally am against that.
Well, they're on an acre. Remember we're not in a Forty five.
So they can park all over the grass in the front
the front yard? They park in the backyard, they can park wherever. They have this room before.
But what if it's a one acre in an uh M P U D? Where
do we have those?
Uh well we have it in Starkey Ranch. It's in uh Aristida we have half acre to three acre.
Um we're allowed to have an accessory building um but it can't have uh a kitchen in it because of the county codes. I mean that could change now.
Patrick, they would the C D D's rules over the
It's not C D D. It's H O S.
C D doesn't have land use authority. So they they wouldn't have that at all. And HOA documents might But C D Ds don't control footprint like that. Oh,
and it's covered by a walkway
right
now. So I just texted Frank who's a national expert on all this stuff. I would not put a minimum on it, but if you need a maximum I would put it at eight hundred feet. Some places go up to twelve hundred like Fernando did, but that can be a two-bedroom or even three-bedroom. Uh which becomes a house. Fayetteville allows an ADU that is detached plus an ADU that is part of the main house com and combined. They cannot exceed twelve hundred feet. But you can have one of them but you can have one of them be twelve hundred feet. I
don't really understand that one. But I agree at twelve hundred feet is a house.
You say that what he said about
twelve hundred feet you can't Um So h he just said that he's talking to his text and so that last sentence didn't make sense. But So don't put a minimum on it, but I would put a maximum of eight hundred feet.
That's my favorite. Mm-hmm. I'm fine with that.
Okay. Uh we we can keep going or if you want to keep discussing this it's it's your choice.
I let it roll.
Weren't we talking about a nine hundred square feet at one time? Oh
yeah, I think I said nine hundred last time. So I'd go to nine hundred. Yeah, I think I'd be right. But no no more.
But it with a special if they want twelve hundred they can apply for special conditions, right?
A special exception, they can exceed that, yes.
Okay. I'd be okay with that. Because maybe you have a really big line.
I mean if you get if I get a if I get a big lot and a big house and again if a designer says it fits better do that. Um I'll I'll I'll leave it to them. I mean between nine hundred and twelve hundred feet. I mean if the hose is big enough so be it. Let let let it go. It's not gonna break it's not a dramatic thing of like maybe there's an another bike that's coming or something, but if it's simple, it's easy, let 'em go do it. Ru why make 'em do this special exception row. And it's worked for twelve years. We didn't even know they had it up there.
Well, you know, they don't have I mean A twelve hundred feet is another house. And I don't agree with putting that in someone's backyard in a neighborhood. Um and adding potentially three cars. If it's a twelve hundred feet's gonna be a three bedroom house, you're gonna have two teenagers and two adults, so you're adding four more cars to a lot with the house in it already, if they're renting it out to a family. The idea the idea is is it's either uh a place for a
college kid or you rent out w one bedroom This is how it works in Longleaf. Well we have some divorced dads who have rented them, but some of our county attorneys have rented them because they've kept their homes in other areas. Um Or you have um a kid that just got out of college and wants to live in a neighborhood that he normally couldn't afford. And And that's the idea of an ADU. It isn't to take a lot and subdivide it so you're both you and your family are all living together on the same lot. Or or or your or bring in your your
mom and dad who need to be closer to you. It's not meant to bring in a family in your backyard.
I'm going to say that if you look at s if let's say a family's got a big house, et cetera, they want to move out, but they don't really want to move out. And You know, both my parents are living in twelve hundred square foot condominiums. They're two bedrooms, they're two bath, they're not that big, they're not three bedroom, they couldn't be a three bedroom, unless you really wanted to take away the side room and you have everybody in one small room. So I I think twelve hundred is a reasonable number. A lot of your two bedroom condos are built that way, so and again Fernando County's done it and they make the limit to de based on
the size of the structure that's beside it or part of it, then I think it works.
I I think we had three at eight hundred and we moved it to even moved it to nine hundred is the direction I heard.
The the last time this was brought to you we had it at 900. And then the language that we have today has nine hundred with the caveat that if you have one acre or larger lot you could do twelve hundred. But it's to the board's discretion if they want to adjust that further.
Yeah, I I don't want I don't want that one acre caveat. It would have to be bigger and rural um I live on three acres. It would not be appropriate in my neighborhood to put another house on my property. I could put a barn with a apartment above. Mm-hmm. If you want if you want if you have a big lot and you want your family to move in you can just subdivide your lot. Build a house. Next door.
Would you like me to keep going through the rest? Okay. All right. Uh so the next discussion point, um staff adjustments to previous pro uh proposed language in terms of permitting a special exception for dimensional standards. Um so we previously were allowing people to apply for a special exception for all the dimensional standards, including height, setbacks, size, um And I think lock coverage was the one of them. We didn't really think it appropriate that someone allow
be allowed to apply for a special exception to exceed the height or lock coverage. So we kind of struck that. Leaving the special exception ability for people that need to go into the setback if needed or increase the size of the unit, but not so much for height and lock coverage. That's a change that we made. Okay.
Uh the next one, um there was oh concern about ADUs and primary structure being used as short-term rentals. So again our our current language says that they are prohibited. Um now there's potentially enforcement issues along with that. It would maybe a a separate uh conversation, but our current language um prohibits them unless they go through the process that we already have in place.
Which is a neighborhood that allows them by right, right? We have neighborhoods that have said we're okay with short term rentals.
Um I believe if you're trying to get a short term mentality. Yes, Denise Hernandez.
Denise Hernandez. So yes, there's several ways. So it's either already approved in their Plat, so it's in the Plat Recordation. Um the other way would be if it's not in the plat recordation there's certain Um there's certain neighborhoods that have been pre-approved from when they registered back many years ago. And then the other way would be to go through the conditional use process. But before you start that process, they have to have a petition signed by 51%. or more of the owners uh that live within that plat or within the
subdivision. And that could start the actual process and it's a conditional use and comes to the Planning Commission and the Board of County Commissioners for approval.
Okay. Commissioner Oakley did you have a question? I was just
gonna make a point. Um I mentioned that email to everybody. Uh just looked at it looked it up. And I was actually sending it to Terry. But it was still in draft form in that sense. So my my error so he's got it now, but anyway. So I apologize. I thought you all had
to
do it.
Patrick had in the beginning, which uh what's going through the legislature right now may outright completely prohibit them. So short term v vacant vac vacation rentals. At least one of I don't know if it's the House bill or the Senate bill has that within it. You mean anywhere? Anywhere. In Florida? That's correct. Good
luck with that. That the A D
U that an A D U cannot be correct. That an ADU cannot be used as a vacation rental. That's one of the versions that's out there. Thank you.
Uh so next slide.
Another discussion point. Is there potentials for eliminating impact fees for ADUs? So staff's response there. The removal of the county's impact fee for de minimis impacts is at the discretion of the BCC. Please note that affordable ADUs committed to below 80% AMI are already exempt from most impact fees. An additional recommendation for BCCs. To consider for aid users that do not qualify as affordable. So all these recommendations
exclude water and service connection fees. But you could exempt all impact fees other than schools for a unit less than 500 square feet. This exemption is based on the existing home edition square footage that is exempt from increased mobility fee based on house size. Uh the school district uh also is going to be evaluating a potential diminished threshold as part of their next update to the school impact fee. Uh for units between five hundred and nine hundred square feet, continue to rely on the existing mobility fee and school discount
rate and the applicable rates for other impact fees. And for units above nine hundred square feet, full impact fee shall be paid. So that's the Proposal from staff on how to handle uh impact fee for ADUs. Any questions on that?
Trying to figure out what the difference is between B and C.
Uh so there's currently already a a a row in our mobility fee table that has basically a discounted rate for ADUs because we do have some ADUs in the county already, uh through some MPUDs like Longleaf and others.
Yeah, I well I love A, but I don't understand the difference between B and C.
Yeah, so so B is just saying
school rate.
Uh B is saying we're gonna rely on what exists in our current tables, which is basically a discount. And then C is saying, you know, anything above nine hundred to your point is like a single family home, so therefore it should be charged full impact fee. That's the difference between B and C.
Well if that's the case, let 'em go twelve hundred square feet if they're gonna pay full full impact fee. I mean give 'em more bang for their buck if you're trying to incentivize these
if you just swash them. If they come in If we allow that on larger than one acre lots in my opinion, um in areas in the county. I I I don't understand though, once you get to a three acre, five acre, ten acre lot. Why don't they just subdivide instead of building another home and home on on the property? Um
sometimes properties are already subdivided as max as they can be
subdivided. Well we're gonna get rid of those we're gonna get rid of that I think. Well it's not
that's not today, but a lot of properties are already subdivided as far as they can sub they can't subdivide it anymore. They're at their five or their ten acre or they're stuck at twenty. Stuck with whatever. This allows them to do more with their property that they own, freedom with their land. Property rights. You know. You have rules for everything.
Yes, we do. Do you want to just get rid of everything?
Get rid of everything. Trying to try and allow Well yeah, I've had my way I'd cut a whole lot of rules out of out of things and Jack's smile. Come with it. But but this is this is to allow Look, when you bring up the kids in their cars, they're going to be at the house regardless if they have this or not. The cars are still going to be in the driveway because they can't afford to live anywhere, so they're still going to be at home. So the same amount of cars are going to be there irregardless of if there's an extra bedroom or two. They're still going to use the same amount of water, irregardless if there's an it's just more space
that people can not be so crammed in their home. That's what it comes down to. And
really when we think about three hundred square feet, it's really tiny. The minimum. Very
small. I am I am okay with No impact fee for up to nine hundred feet. I d I didn't want any I I want to encourage them. Um So I was trying to figure out how to even get away from water and sewer and one of the ways we talked if they were smaller, one of the ways we talked about it was if they didn't have a separate meter. Um if it was metered with the house and then and and they paid their water bill as part
of the house bill, as part of their rent. You wouldn't have to have another meter and you wouldn't have another Connection. Um, I I think it's really important to encourage them. But Not Twelve hundred. That's just great. Um but I'd be okay with this chart.
Do you want me to keep going?
They can
add on
to their house. I'm
just saying
This is a separate house. This is separate house.
I I'm just saying nine hundred feet, twelve hundred feet is what we're talking about. So what does it really matter? to the whole thing other than someone's comfort. And if it's affordability, if they can't afford 12, they're going to build nine. But literally, I've got. One one parent who's a senior that lives in a loan does not want to go into a home, wants to stay in her place. She's comfortable there. She's got company that comes down. They can stay there, be comfortable, they have their own space. But
you don't need twelve hundred feet.
She wants. It's not need, it's wants. This is all about wants. I want support?
Honestly, we just looked in to this uh for my mom and we had an architect and Sh she c she really wanted a space for her friends. Yeah. And we could not do it in that little of square feet.
Well, my daughter just rented a seven hundred square foot um house in New Port Richey and it's kitchen, a living room. Two bedrooms, a bathroom, and a hall closet for 700 feet. So
Twelve hundred is is a starter house. In my opinion. Um, I don't know.
So are you switching now from nine hundred 'cause maybe I'm I I don't know. People need to speak up. I I I think twelve hundred are way too big. Um unless You're on a really big body. My neighborhood is half acre acre and three acre lots.
When these happens they're going to be taxed on it, so they're going to figure out how big they want to go if we say up to. You're not going to get a hundred percent of twelve hundred feet. C and D calls them. Yeah.
So I'll say I want twelve hundred feet.
I agree. I'll third it. Uh fourth. Fourth and What's one
of those two hillbillies? Okay. Yeah. And they can all be tra and they can be trailers. Yeah.
No, we're not no the presentation port.
Yeah, would would you like we can keep moving? We just took
care of that part of it for you. Let's move.
Okay, we're gonna keep moving. Um the next discussion point, uh uh Commissioner Mariano, um look into aligning port and metal piers in terms of fixed foundation. Um I'm not a subject matter expert here, so we relied on the building department. Um so from the building departments technically from the Florida Building Code perspective, a foundation can be designed using any material. provided it meets all of the structural requirements. So we're changing our language to now say ADUs must be built on permanent fixed foundation that is designed to meet the requirements of the Florida building code and any reference standards. So um I think that should hopefully
solve your concern last time. Okay?
Uh next slides. Okay, great. Um so at the last hearing we had a citizen come up and speak uh about the setbacks and then also sent an email I think to Commissioner Weightman about these setbacks. So uh citizen concern and email um wanted accessory setbacks instead of using the primary setbacks of the zoning district. So just to clarify, um staff is proposing that for the ADU, um whatever your Required setback is for the zoning, that's what you use.
For uh accessory structures, we allow those to get on to five. So our response there, when staff was considering setbacks for ADUs, staff was concerned about the expectations of neighbors. When purchasing land, the expectation is that the neighbor will be a certain distance away. The neighbor may have a shed or garage, but these things are usually not used as often as the primary structure is. With the addition of an ADU, there could now be an accessory accessory living unit that could potentially be right next to the property line. The use of the primary setback was
to ensure that any impact an ADU has on his neighbor was next to minimal. One could envision an ADU being built on a second floor within the five feet of the property line, which would have a window looking right down into neighbor's backyard. Regardless, should someone want to deviate from these primary structured setback requirements, we provide the ability for an applicant to apply for a special exception to obtain a smaller setback, which requires Plan and Commission approval and a notice of public hearing. So.
Any questions on that?
Okay, I want to go back to the slide before I have a question on the parking and the driveways to these houses that are gonna be built behind the other house.
Okay.
Okay. I want a rule that you can't park in in the grass in the yard. So they're gonna have to provide a driveway and parking. For the cars. Right? We're not going backwards in this county. We're supposed to be Premier. And I can show you house after house in my district. Where there's no yard because it's all cars parking in the front yard. Um And then also we have a rule is the lot coverage Is the coverage of the lot rule still there?
Is the coverage?
Yeah, in my neighborhood in my boathouse,
you
cannot cover you have to leave at least twenty percent of your lot. Permeable.
Sure. Yeah, lock coverage still exists.
I have it. But they're gonna have to have a A a driveway. Are they are they gonna have are we gonna require that twelve hundred feet to have a garage?
Yeah, so it they're there. Yeah, and and as I'm sure you know, there are many different types of ADUs, right? ADU could be someone adding almost an expansion onto their home and with just with the second entrance. It could be a garage conversion, it could be an actual little unit.
Sure. And we we have in our code that they have to follow our land development code in terms of of parking. Um I I don't think. Yeah, I don't think our code gets into the specifics about parking on uh the driveway. But I want that in the
in on this one.
Okay. Um sure we'll have to figure out what that looks like, I guess. Um so if we're gonna keep going. Um Okay. Uh general question was asked about flood-proofing a garage conversion. Commissioner Starkey, I think you asked this. Um so our answer is they need to follow the Florida building code and FEMA regulations. Not every garage will be able to be converted to an ADU based on these standards. So um if they can meet FEMA regulations, they can convert. If not, sorry. Uh
next discussion point, uh the county attorney, uh thank you uh to Mr. Steinsnyder, uh read off a planner's definition of an ADU, focusing on the fact that ADU is smaller than the principal structure. So um we added in language, uh clarifying language that the ADU shall be smaller than the principal unit. So uh just a small, I think, oversight on our side, but just really just clarifying that the ADU needs to be smaller. So again appreciate Mr. Steinsider on that.
And then uh last uh but not least, uh this is an item that I I kind of talked about the last time, but we weren't really fully prepared and we really didn't get uh everything cleared up until actually yesterday at four o'clock, so I'm happy about that. So the Planning Commission voiced concern about permitting ADUs in locations that rely on infrastructure, so roads, that may not be safe during storm events. So the Planning Commission tasks us with trying to come up with some sort of map or some sort of way to if we are going to permit ADUs in
certain areas, make sure that you know we're not adding to a problem. So we added this code language. Should an ADU be proposed on a parcel for which local roadway access is located in a female flood zone, administrative review and approval of the ADU by the county administrator or designee is required. The county administrator or designee may deny or condition the approval of the ADU. If the local roadway access is unsigned, Safe during a storm event using historical flooding data.
Such determination is appealable to the Planning Commission for Sony II, Section 407 of this code. So basically what that looks like. An ADU building permit is applied for. The building permit team would review the segment of the local road between the parcel in question and the next closest division road. And if that segment is, if one of these roadway segments falls within a flood zone, the PDE department is notified so an additional evaluation can
be done. So this evaluation will rely on information about emergency response or flooding data provided by other relevant departments. So we'll probably reach out to public works and our fire departments to see if this segment of road, if in a flood zone, they've had issues before in the past. Should no immediate issue be identified, permit can continue, no problem. If there are concerns that can be conditioned, the permit should be conditioned. If there are concerns that can't be conditioned, the
permit will be denied, but that denial is appealable to the Planning Commission. So even if they get a a denial from staff, they still have a method to uh Kind of. go to another body to get it an answer. So that's how we plan on tackling the uh Planning Commission's request.
Madam Cha? Yep. That would take out everything west of US nineteen. And this past summer you would probably have locked out Zephyrhills in Dade City too. I think you got you're t doing too much over each air. If a home's built, it's already inhabited. It's some people living there, what's the difference?
Yeah, I don't disagree.
I need one more.
I'll horse trade with you.
Well
you you win on
nine hundred feet?
No. You win on cutting impact fee. You're winning there. on the impact fee piece. That's that the that's what you said. On number three. The driveway piece though, I I need some clarity on that. We're gonna start requiring driveways being built and all this other I was a bit confused.
Well they can use the house directly. The original cover thing. The original driver.
If I'm reading this correctly, the the house pending house bill would disallow you the ability to increase the parking requirements for an accessory dwelling unit.
I'm not
saying increase, it's just you have to have some.
No, no, no. It says it you may not increase it beyond what the single family
that's fine, but they just can't park on the grass.
Yeah.
They can't take out their landscaping and their grass or the family Whatever's moving in.
Well that's not a one size fits all.
solution. Because these are go if these go on larger lots then people probably won't park on them. In their yard.
In the backyard, but not in the front yard. Right.
I'll show you some photos of people who have lots of ADUs right now. Yeah.
So so that's my entire presentation. So um I think there's still some things that you guys would like to discuss and work out and I'm here to answer any questions. I don't know if there are any um public here to speak on it, but I'm here if there are any other questions.
Mm'm Chair. Why do you want to do public comment, right?
Uh is there anyone here that wishes to speak to this ordinance?
There's no one on WebEx.
Like this.
Commissioner Weightman
So let's talk about the impact fee. I again Commissioner Weightman saying that pretty much the same people live in the house who can stay in the house and this shouldn't be an any any extra impact if we can avoid it and we want to really increase the opportunities for people living in affordable housing, living with their families, which I think is a great way to go. Um If we can I would like to make a motion to approve this with twelve hundred square feet for a cap. Mr Chairman Mari
Madam Chairman We have given you the legally defensible way to do impact fee of the the memory. Yeah,
I I wouldn't go for that.
The problem is that once you do this, you jeopardize the mobility fees for everything. Okay.
I would concur with that. I mean these are the size of an apartment. If you want if you if we have exampl This use your effective I'm gonna have apartments suing me saying we can't say impact fee's to apartments either.
Okay. All right, done. Okay. So I'll move approval with the notation that we can go to twelve hundred square feet.
Exactly. Twelve hundred feet if it's an acre or more.
I just twelve hundred feet.
No.
If I got a twenty five minutes room I've got an example of the right-of-way. That's another house. It could be built right on top of it.
You don't know what can of worms you're opening up at that size. That is not an ADU.
This is our solution to the Lip Local Act. It's better than that.
Well at least give it a shot. Heck, in another three weeks the legislature might combosh it anyway.
Yeah, well I you
know
I'm the one who pushed for ADUs and this has just been stolen into let's let's just wreck the county. That's my opinion. I don't think it's I'm a very big proponent of ADUs and I've studied them a lot and they're not twelve hundred feet. So you're just getting around You're going around someone building another house.
The size I think is going to be limited by the cost of the unit. Well I don't think a lot of people have a bigger. They'll try to build what they need rather than more than they need.
And I'm sure that it also with HOAs and things like that there might be some health. But on people's land, you know, they're in a big a big lot.
If they're on a big lot they can just build another give some land to their kid or
Madam Clerk.
me to go sit down, but I'll lay it out there. Perhaps we're focusing on the square footage. Maybe we could cap it. No more. The ADU can't exceed two bedrooms per unit.
I'm fine. I yeah. But but I don't want a two bedroom twelve hundred foot? No, I you know what? People will go around that once the walls are bu up. I'm sorry. I I I just will not vote for twelve hundred feet. I just embarrassed just
I'm gonna restate my motion. Do I have to? I don't have to. I get a motion in a second.
Yeah.
Period.
Okay, so we have a motion and a second. Um All in favor?
Wait, so just real quick what I've missed. Well what's the motion?
Twelve hundred We have twelve
hundred no acreage. What about this stormwater um infrastructure piece that you guys talked about at the end? Are we keeping that or are we removing that? Um let's go back to that, sorry.
Can you go back to that?
Yeah, I w I wanna leave that out too.
Le leave the leave the spill motor part out.
What wait, what do you say?
ADUs will be available in the right-of-way. Any size,
any lot size.
Well well the the the issue the issue of whether or not they you
Whether or not you're in a flood zone or we're s uh have previous flooding is You're not addressing that issue in the ordinance. It an ADU is available where an ADU is, regardless of increasing density and floodplain.
And Commissioner Starkey
too. There's any Wait, the twelve hundred foot cap, all that does is if someone was to come in to the MAX, it eliminates a bureaucratic step. This is the way I view it. It's eliminating a bureaucratic step to come in, get the special exception, pay the fee for three hundred more additional fees.
Well why don't we waive the fees for special exceptions if it's an A B U?
Yeah.
What do you think? Nope. What the motion weight is. Mm-hmm.
Will anyone else take my amendment to the motion?
What you're gonna have in this county is people coming in and building twelve hundred foot homes on their lots, the one acre lots, and they're gonna With a different intent than what an ADU is. That is what the door you're opening up is.
D was that good English? Um that's what that's that's the Pandora that you're opening here. I don't think that's what our intent was. Our intent was to provide a um Lower income additional rental space and the ability for someone to have a a parent or someone who's elderly come stay comfortably with them. But
what about
it wasn't to have a whole family move into your lot in your neighborhood in their own house. That's not an A to
These are not inexpensive. I
didn't say anything about
inexpensive.
When these would these aren't gonna be these are gonna be expensive. So I think
I think when you're up to the size of twelve hundred you the the the neighborhood and the County needs to be able to take a look at it if it's an acre and what that impact is. I don't think you should open the door to twelve hundred feet without any rules Except the setback. Really. That's what you're doing here.
Please call
the
roll. Roll call.
District One, Commissioner Oakley.
Aye.
District two, Commissioner Weightman. Aye. District four, Commissioner Yeager. Aye. District five, Commissioner Mariano.
Aye.
District three, Chairman Starkey.
Nay. Me and I We are on P thirty five. Yes.