HomeMy WebLinkAbout2017 09 06 Public Hearings 400 Accessory Dwelling Unit 340 Shore Road
LOCAL PLANNING AGENCY/PLANNING
AND ZONING BOARD AGENDA
ITEM 400
Consent
Information
Public Hearing X
Regular
September 6, 2017
Meeting
REQUEST:
The Community Development Department requests that the Local Planning
Agency/Planning & Zoning Board hold a Public Hearing to consider a Conditional Use
for a proposed accessory dwelling unit (ADU) located at 340 Shore Road.
______________________________________________________________________________
SYNOPSIS:
The City of Winter Springs Community Development Department received a conditional
use application for an accessory dwelling unit located at 340 Shore Road. The applicant is
proposing the construction of a detached 798 square foot accessory dwelling unit in
conjunction with a proposed 3,074 square foot new single family residence.
APPLICABLE LAW AND PUBLIC POLICY:
City of Winter Springs Code of Ordinances
Ch 6, Sec. 6-85. Accessory dwelling units.
Ch 9, Sec. 9-277 (2). Off-street parking requirements.
Ch 9, Sec. 9-607. Residential compatibility and harmony regulations.
Ch 20, Sec. 20-1. Definitions.
Ch 20, Sec. 20-33. Conditional Uses.
Ch 20, Div. 3: R-1AA Single-family Dwelling District.
City of Winter Springs Comprehensive Plan
Future Land Use Element, Policy 1.1.6
September 6, 2017
Public Hearing Agenda Item 400
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Housing Element, Policy 1.4.6
Housing Element, Policy 2.4.7
CONSIDERATIONS:
PROPERY INFORMATION:
Property Owner: Timothy and Jennifer Toohey
Property Location and Address: 340 Shore Road
Winter Springs, FL 32708
(Northwest corner of Shore Rd and Bahama Rd)
Parcel ID number: 02-21-30-511-0000-0020
Property Acreage: 2.00 acres
Current Future Land Use: Rural Residential
Existing Zoning: R-1AA
DISCUSSION:
The property owners, Timothy and Jennifer Toohey, are seeking a conditional use permit to
permit an accessory dwelling unit (ADU). The owners are proposing to construct a detached
ADU in conjunction with the construction of a new single-family dwelling unit. The proposed
accessory dwelling unit is approximately 798 square feet of air-conditioned space, and it meets
the required size and setbacks for the R-1AA zoning district. The proposed ADU would replicate
the design of the principal dwelling by use of similar design and materials. The proposed ADU
includes an additional one-car garage, and the ADU would be accessed by the same driveway as
the proposed single family dwelling, accessed by Shore Road.
CONSISTENCY WITH THE COMPREHENSIVE PLAN:
Future Land Use Element
Policy 1.1.6:
Accessory Dwelling Units. Allow on a case by case basis, as a conditional use in
single family dwelling zoning districts, Accessory Dwelling Units which adhere to strict design
guidelines. (Cross Reference: See Housing Element, Policy 1.4.6 and 2.4.7)
Housing Element
Policy 1.4.6:
Establish strict design compatibility guidelines to allow accessory dwelling units as
a conditional use in single family zoning districts.
September 6, 2017
Public Hearing Agenda Item 400
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Policy 2.4.7:
Establish design compatibility guidelines to allow accessory dwelling units
as a conditional use in residential districts to support development or redevelopment that
integrates diverse choices of housing.
FINDINGS:
1.The request is consistent with the applicable goals, objectives and policies of the
2.The site has a Residential Rural Future Land Use designation and R-1AA zoning
designation.
3.The proposed ADU meets the zoning, building setbacks, building height and
number of stories, lot coverage, parking, potable water, sanitary sewage,
minimum lot size, unit size and building design criteria for a conditional use, set
forth in Section 6-85 of the City of Winter Springs Code of Ordinances (Code).
4.The applicants have stated that they will reside in the principle house and utilize
the ADU for
5.The request is consistent with the conditional use criteria of Section 20-33 of the
City Code and with all applicable requirements, below:
a.Whether the applicant has demonstrated the conditional use, including its
proposed scale and intensity, traffic-generating characteristics, and offsite
impacts, is compatible and harmonious with adjacent land uses, and will
The
not adversely impact land use activities in the immediate vicinity.
proposed ADU is architecturally compatible with the proposed single-
family residential structure, which will be in harmony with the
adjacent residential uses.
b.Whether the applicant has demonstrated the size and shape of the site, the
proposed access and internal circulation, and the design enhancements to
be adequate to accommodate the proposed scale and intensity of the
conditional use requested. The site shall be of sufficient size to
accommodate design amenities such as screening, buffers, landscaping,
open space, off-street parking, and other similar site plan improvements
needed to mitigate against potential adverse impacts of the proposed use.
The lot is sufficient in size to support the proposed ADU. The ADU
provides a 1-car garage for additional parking and shares the same
driveway as the proposed principal single-family dwelling. The
September 6, 2017
Public Hearing Agenda Item 400
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proposed ADU meets all applicable building setbacks, thus allowing
adequate area to accommodate design amenities to mitigate any
possible, but improbable adverse impacts.
c.Whether the proposed use will have an adverse impact on the local
economy, including governmental fiscal impact, employment, and
The proposed ADU should have a positive impact on
property values.
the property value of the subject lot and is not anticipated to adversely
impact the local economy.
d.Whether the proposed use will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and
wildlife, open space, noxious and desirable vegetation, and flood hazards.
5 existing scrub oak trees (6 to 14 inches in diameter) would need to be
removed to clear land for the ADU. The property remains residential
in nature and, therefore, is not anticipated to generate any additional
impacts to the natural environment.
e.Whether the proposed use will have an adverse impact on historic, scenic,
and cultural resources, including views and vistas, and loss or degradation
Staff has not identified any significant
of cultural and historic resources.
historic or cultural resources on the site.
f.Whether the proposed use will have an adverse impact on public services,
including water, sewer, surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and
The proposed ADU will not have an
bicycle and pedestrian facilities.
adverse impact on public services. City water service is available for
the primary residence and the ADU. Septic systems will be required,
which are subject to permitting by the Seminole County Health
Department. Additional surface water runoff will be accommodated
on-site. No additional adverse impacts are anticipated to the
remaining elements mentioned in this question.
g.Whether the proposed use will have an adverse impact on housing and
social conditions, including variety of housing unit types and prices, and
Staff does not believe that the proposed ADU
neighborhood quality.
will create any adverse impacts on housing and social conditions.
FISCAL IMPACT
:
The proposed single-family residence and ADU will increase to the taxable value of the
property.
September 6, 2017
Public Hearing Agenda Item 400
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COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Planning and Zoning Board
members, Mayor and City Commission, City Manager, City Attorney/Staff, and is
available on the Website, LaserFiche, and the Server. Additionally, portions
of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also
been electronically forwarded to the individuals noted above, and which is also available
on the Website, LaserFiche, and the Server; has been sent to applicable City
Staff, Media/Press Representatives who have requested Agendas/Agenda Item
information, Associations/Representatives on file with the City, and all
individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General
Public, and posted at six (6) different locations around the City. Furthermore, this
information is also available to any individual requestors. City Staff is always willing to
discuss this Agenda Item or any Agenda Item with any interested individuals.
Adjacent property owners within 150-feet of the subject property have been notified by
US mail.
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board forward a
recommendation of approval for the conditional use request for the 798 square foot
accessory dwelling unit located at 340 Shore Road.
ATTACHMENTS:
A.Location Map
B.Proposed Site Plan
C.Proposed Floor Plans
D.Proposed Elevation
E.City of Winter Springs Code of Ordinances Section 6-85
ATTACHMENT "E"
Sec. 685. Accessory dwelling units.
An accessory dwelling unit (ADU) is an ancillary or secondary dwelling unit that is clearly
subordinate to the principal dwelling, which has a separate egress/ingress independent from the
principal dwelling, and which provides complete independent living facilities for one (1) or more
persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. It is
located on the same parcel or lot as the principal dwelling and shall be subject to the required
setbacks of the principal structure and may be either attached to or detached from the principal
dwelling. Accessory dwelling units (ADUs) must conform to the following standards:
Zoning district. A property owner may request a conditional use approval to allow one (1)
(a)
accessory dwelling unit in any of the following zoning districts: R-1AAA Single-Family
Dwelling District
R-CI Single-Family Dwelling District
R-1AA and R-1A One-Family Dwelling District
R-1 One-Family Dwelling District
Planned Unit Development District
Existing development on lot. A single-family dwelling shall exist on the lot or will be
(b)
constructed in conjunction with the ADU.
Location. The ADU may be attached to or detached from the principal dwelling.
(c)
Owner occupancy required; declaration of restrictions. The property owner shall occupy
(d)
either the principal structure or the ADU. Prior to the issuance of a building permit for
construction of an ADU, an applicant shall record in the public records of Seminole County
a declaration of restrictions containing a reference to the legal description of the property
and the deed under which the property was conveyed to the present owner stating that:
The ADU shall not be sold or conveyed separate from the principal residence;
(1)
The ADU is restricted to the approved size;
(2)
The use permit for the ADU shall be in effect only so long as either the principal
(3)
residence or the ADU is occupied by the owner of record as their principal residence;
The declarations shall run with the land, shall be binding upon any successor in
(4)
ownership of the property and that noncompliance shall be cause for code enforcement
and/or revocation of the conditional use permit;
The deed restrictions shall only be removed with the express, written approval of the city,
(5)
but shall lapse upon removal of the accessory unit; and
The ADU shall not be used for commercial purposes other than being leased for
(6)
residential purposes.
Number of ADUs per lot or parcel. Only one (1) ADU shall be allowed for each lot or
(e)
parcel.
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Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district
(f)
in which it is located.
Building height and stories. The ADU shall meet the building height regulations for the
(g)
zoning district in which it is located.
Lot coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage
(h)
regulations for the zoning district in which they are located.
Parking and access. A minimum of one (1) parking space shall be provided on-site for the
(i)
ADU in addition to the required off-street parking spaces required for the principal
residence. The ADU shall be served by the same driveway as the principal dwelling.
Water and wastewater services. An ADU is required to connect to the central water and
(j)
sewer system where available. An ADU may be separately metered for utilities subject to all
applicable ordinances and utility policies. Where central water and sewer service is not
available, the septic system and well shall meet the capacity requirements.
Other code requirements. The ADU shall comply with all applicable building codes.
(k)
Lot size, minimum; principal residence minimum. A minimum lot size of six thousand six
(l)
hundred (6,600) square feet is required and the principal residence shall be a minimum of
one thousand three hundred fifty (1,350) square feet of air conditioned area.
Unit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air
(m)
conditioned area of the principal residence or eight hundred (800) square feet, whichever is
less. However, the ADU shall contain no less than four hundred (400) square feet of air
conditioned area. ADUs that utilize alternative green construction methods that cause the
exterior wall thickness to be greater than normal shall have the unit square footage size
measured similar to the interior square footage of a traditional frame house.
Design. The ADU shall replicate the design of the principal dwelling by use of similar
(n)
exterior wall materials, window types, door and window trims, roofing materials and roof
pitch. The design is subject to the minimum community appearance and aesthetic review
standards to ensure residential compatibility and harmony (see section 9-600 et. seq.).
Privacy. Privacy and screening of adjacent properties is of utmost importance in the
(o)
orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot
and/or public street as much as possible. Windows which do face the adjoining property
shall be designed to protect the privacy of neighbors. Landscaping shall be used to further
provide for the privacy and screening of adjacent properties.
Expiration. As with all conditional use approvals, if a building permit has not been issued
(p)
within two (2) years for the ADU, the approval becomes null and void (see section 20-36).
Approval process. The conditional use/aesthetic review approval of an ADU is subject to a
(q)
public hearing. A notice will be sent to all property owners within one hundred fifty (150)
feet of the subject property. An ADU will not be approved if prohibited by the declarations,
covenants, conditions and restrictions of a homeowners' association. The city commission
may impose reasonable conditions of approval to the extent deemed necessary and relevant
to ensure compliance with applicable criteria and other applicable provisions of the city code
and comprehensive plan (see section 20-27 and section 20-33).
(Ord. No. 2010-08, § 2, 10-25-10; Ord. No. 2012-15, § 2, 10-8-12)
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(a) Any real property owner may file a conditional use application requesting a conditional use of
their real property providing the conditional use is listed in the applicable zoning district category.
(b) The planning and zoning board shall be required to review all conditional use applications and
make a written recommendation to the city commission. Such recommendation shall include the
reasons for the board's recommendation and show the board has considered the applicable conditional
use criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission shall
make a final decision on the application. If the city commission determines that the planning and zoning
board has not made a recommendation on an application within a reasonable period of time, the city
commission may, at its discretion, consider an application without the planning and zoning board's
recommendation.
(d) All conditional use recommendations and final decisions shall be based on the following criteria
to the extent applicable:
(1) Whether the applicant has demonstrated the conditional use, including its proposed scale and
intensity, traffic-generating characteristics, and offsite impacts, is compatible and harmonious with
adjacent land uses, and will not adversely impact land use activities in the immediate vicinity.
(2) Whether the applicant has demonstrated the size and shape of the site, the proposed access
and internal circulation, and the design enhancements to be adequate to accommodate the
proposed scale and intensity of the conditional use requested. The site shall be of sufficient size
to accommodate design amenities such as screening, buffers, landscaping, open space, offstreet
parking, and other similar site plan improvements needed to mitigate against potential adverse
impacts of the proposed use.
(3)Whether the proposed use will have an adverse impact on the local economy, including
governmental fiscal impact, employment, and property values.
(4) Whether the proposed use will have an adverse impact on the natural environment, including
air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable
vegetation, and flood hazards.
(5) )Whether the proposed use will have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and historic resources.
(6) )Whether the proposed use will have an adverse impact on public services, including water,
sewer, surface water management, police, fire, parks and recreation, streets, public transportation,
marina and waterways, and bicycle and pedestrian facilities.
(7) Whether the proposed use will have an adverse impact on housing and social conditions,
including variety of housing unit types and prices, and neighborhood quality.
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