AN ORDINANCE, RE: INTERIM ZONING TO PERMIT / REGULATE INNOVATIVE HOUSING DEMONSTRATION PROJECTS, SPECIFICALLY ALLOWING “CLUSTER HOUSING” WHEREAS, Madison County, Illinois has the authority to adopt an interim zoning ordinance/district pursuant to (IL PL XXX ?) WHEREAS, the Madison County Board through its Zoning Board of Appeals and the Planning and Development Committee have determined the need to establish an interim zoning district to regulate innovative housing demonstration projects; and WHEREAS, pursuant to (IL PL XXX ?), a public hearing on the establishment of the interim zoning district was held prior to the adoption of this ordinance. NOW, THEREFORE, The County Board of Madison County, Illinois do ordain as follows: PART I Section I. The Madison County Board makes the following findings: a. The purpose of the interim zoning ordinance/district is to allow development of a limited number of projects that demonstrate housing choices not currently available within Madison County/Pin Oak Township/ The Silver Creek Project Area. b. The innovative housing forms that will be in all (Residential, and Ag ? ) zones under this ordinance are cottages, bungalows, defined as “compact” single family homes, duplexes and triplexes designed to appear like single family homes. Maximum unit sizes and number of units to be allowed in lieu of each traditional single family home (equivalent units) for each of these housing forms are identified herein. c. The goals of establishing an Innovative Housing Zoning District are to: i. Increase the housing supply and the choice of housing forms available in the community through projects which are compatible with existing single family (“traditional”) developments; and ii. Promote housing affordability by encouraging smaller homes. d. Madison County is currently implementing a work plan to develop zoning code amendments that will specifically address innovative housing projects; and
e. Until permanent ordinances regarding innovative housing projects can be implemented, there is a need to allow regulated innovative housing projects. Section 2.0 Permitting Process a. Madison County shall utilize the permitting process as outlined in the (Madison County Planning and Development Department Building Permit Information booklet as last revised on September 14th of 2007.) When considering an Innovative Housing Demonstration Project the required public notice shall be sent out to all residents within (X feet ) of any boundary of the subject property. In addition, a neighborhood meeting, following guidelines established by the Planning and Development Department, including attendance by county staff, shall be required to application submittal. b. In addition to complying with the approval criteria as stated in Section XXX of the Madison County Zoning Code, the applicant must demonstrate that: i. The impacts of the proposed development will be no greater than the traditional development that could be constructed on the property. ii. The proposal is not larger in scale and is compatible with surrounding development with respect to the size of the units , building heights, roof forms, building set ‐backs, number of parking spaces, their location, screening of the parking area, parking access, ingress‐egress, and lot coverage. iii. The proposal provides elements that contribute to the sense of community within the development by including elements such as front entry porches, common open space, and common buildings. iv. Any proposed modifications to the requirements of the Madison County Zoning Code, other than those specifically described herein that are that are deemed to be important to the success of any proposed Innovative Housing project. c. In order to meet the goals of the innovative housing demonstration program, there is a need for some flexibility in some normally applicable regulations and requirements. Alternate standards contained in the tables herein shall govern for innovative housing demonstrative projects where the design conflicts with the Madison County zoning code. All other regulations and requirements will continue to apply, i.e. the (2003 I.R.C.).
i.
The minimum lot size restriction of not more than one dwelling per lot, maximum Floor Area Ratio found and the minimum number of required parking spaces found in the Madison County Zoning Ordinance Section XXX shall be replaced with the standards from the applicable tables as described herein. ii. The vehicular access standards of the Madison County Zoning Ordinance ( Section XX‐ XXX) shall be determined on the number of single family units that the equivalent innovative housing units are replacing. iii. The density limitations identified in the (XXX ) of the Madison County Zoning Ordinance shall be determined to have been met as long as the proposed project does not exceed the equivalent unit calculation identified in (Sections 3 & 4 of this ordinance or the tables contained herein.) iv. Application fees for the building permit review of the proposed project shall be based on the number of single family units that the equivalent innovative housing units are replacing. v. Impact fees for the proposed project shall be assessed at rates for multi‐family dwelling units. d. The approval of an innovative housing demonstration project does not constitute the approval of a subdivision, a short plat, or a binding site plan. Section 3. Table (s) sets forth parameters application to innovative housing demonstration project applications. PARAMETERS: Housing Types/Forms
* Cottages • • •
•
Compact Single‐Family Homes, Duplexes or Triplexes designed to appear like a single family home (as a part of a development that contains at least one other housing type/form, which may include “traditional” single family homes, or a combination of the above mentioned types
Unit Size Limits
* Cottages = 1,000 S.F. maximum gross floor area • • •
•
Compact Single Family = 1,500 S.F. maximum gross floor area Duplexes & Triplexes = 1,200 S.F. maximum gross floor area per unit, total gross floor area for the structure, (including garages) not to exceed 40% of the minimum lot size in the zone in which the project is proposed or the actual lot size, whichever is less A covenant restricting any increases in size of the units after initial construction shall be recorded against the property.
Equivalent Units
* Cottages = 2 per each single‐family unit that could be built on the property •
Compact S.F. = 1.5 per each single‐family unit that could be built on the property
Locations * County wide, (or only in Pin Oak Township) , but not more than 1,500 feet of another innovative housing demonstration project •
Not more than two innovative housing development projects in a subdivision or recognized “neighborhood.”
Number of Developments
* Up to five, with no more than two projects demonstrating the same single housing type
Public Notice
* Neighborhood meeting, including Madison County Planning and Development staff attendance, required prior to application • •
Normal publishing and posting after application is received Mailing of notices to adjacent residents and property owner’s within 500 feet of the proposed development, after application is received
Access Requirements
* Determine flexibility for road widths, public vs. private, and turn‐around requirements with input from County Building Inspection staff
Development Size
* Minimum of 4 units, maximum of 24 units •
Cottages have a maximum of 12 units per cluster
Parking Requirements
* 1 stall per unit for units under 700 S.F. • •
1.5 stalls per unit for units 700‐1000 S.F. 2.0 stalls per unit for units over 1000 S.F.
Ownership Structure
* Subdivision/HOA • •
Condominium Single Ownership, (rental)
Section 4. This table sets forth additional parameters that supplement the parameters in Section #3 and are applicable to any cottage proposed to be a part of any innovative housing demonstration project. Additional Parameters: COTTAGES Front Setbacks
* 20’ minimum
Other Setbacks
* 5’ minimum from all property lines other than the front property line •
The average setback of all structures along any property line other than the front property line shall be 10’
Distances between Structures •
10’ minimum
Lot Coverage (ALL, impervious surfaces) •
50% maximum
Common Open Space * 400 S.F. minimum per cottage • •
•
Cottages shall abut on at least two sides (Open Space) Shall abut at least 50% of the cottages in the development and those units must be oriented to have their main entry from the common open space All cottages shall be within 60’ of the Common Open Space
Private Open Space
* 300 min. S.F. per cottage • • •
Shall be adjacent to each cottage and be for the exclusive use of the residents of that cottage Shall be one contiguous usable space with a min. 10’ dimension on all sides Shall be oriented to the Common Open Space as much as feasible
Attached Covered Porches • •
Shall consist of 80 S.F. min. per cottage Shall have a min. dimension of 8’ on all sides
Height
* 18’ max. for all structures, except for cottages with a min. roof slope of 6:12, which shall be limited to 25’ max.
Floor Area Limitations • • •
1,000 S.F. max. gross floor area 800 S.F. max. main floor area A min. of 40% and no more than 50% of the cottages in a cluster shall have a main floor area of 700 S.F. of less
Exceptions to the Floor Area Limitations: • •
• • •
Attached porches up to 200 S.F. in size Spaces with a ceiling height of 6’ or less measured to the exterior walls, such as in a second floor area under the slope of the roof Unheated storage space, located under the main floor of the cottage(s) i.e. basements, crawlspaces Architectural projections, such as bay windows, fireplaces, or utility closets no more than 18” in depth and 6’ in width Detached garages and car ports
Parking
* Shall be provided on the subject property • •
•
•
•
Shall be screened from public streets and adjacent residential uses by landscaping or architectural screening Shall be located in the front yard setbacks, except on a corner lot where it shall not be located in the front yard between the entrance to any cottage and the front property line Shall not be located within 40’ of a public street, except in a single loaded configuration, where the stalls lie parallel to the street May be located between or adjacent to structures if it is located toward the rear of the structure, and it is served by a driveway or alley All parking structures hall have a pitched roof design with a min. slope of 4:12
Community Buildings • •
Shall be clearly incidental in use and size to the cottages Shall be commonly owned by the residents of the cottages
Accessory/Ancillary Dwellings •
(Shall/ or Shall not) be allowed as part of a cottage development
Section 5 Sections 1‐5 of this ordinance shall constitute Part I of this ordinance. Part I of this ordinance shall be in effect as an interim Zoning Ordinance on (MO/DAY/YR) and shall be in effect for ( X, MO’s ) or until, (MO/DAY/YR) and thereafter may be renewed for one or more (X MO’s_ period(s) if a subsequent public hearing is held and findings of fact are made prior to each renewal. Part II Section 6 Madison County shall use a competitive selection process to determine which proposals will be allowed to apply for a (SUP/PUD) (or both) as an Innovative Housing Demonstration Project. Madison County may approve up to five Innovative Housing Demonstration Projects, with no more than two projects demonstrating the same single housing type. Applications to be a part of the Innovative Housing Demonstration Program must be submitted by (MO/DAY/YR) on forms to be provided by the Madison County Planning and Development Department. The Planning and Development Committee will determine which proposal(s) will be allowed to move forward under this ordinance by the following criteria: a. Consistency with the intent of the goal of providing innovative housing and increased housing choice (specifically, demonstrating those housing types/styles, as outlined in this ordinance), compatibility with existing/surrounding, and improving housing affordability. b. Not more than two innovative housing proposals shall be allowed per neighborhood, and proposals must be at least 1,500’ feet from any other innovative housing proposal(s) under this ordinance. The decision(s) of the Madison County Planning and Development Committee and of the Madison County Board with respect to any application for an Innovative Housing Demonstration Project shall be the final decision of the county. Section 7 Sections six and seven of this ordinance shall constitute Part II of this ordinance. Part II of this ordinance shall go into effect on (MO/DAY/YR). The text of Part I shall inform the process established by Part II, even if Part I has yet to go into effect as an interim zoning ordinance. Section 8 If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected.
Section 9 This ordinance shall be in force and effect five days after its passage by the Madison County Board and any public notice/publication as required by law; provided that Part I of this ordinance shall go into effect as an interim zoning ordinance on or by (MO/DAY/YR) as set forth in Section 5.
Passed by a majority vote of the Madison County Board in an open session this _______ day of
______________, 2008‐09.
________________________________________ County Board Chair, Honorable, Alan Dunstan
Attest to by: Madison County Clerk, Mark Von Nida Approved as to Form: Madison County States’ Attorney