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HomeMy WebLinkAbout2015 12 14 Public Hearing 506 Accessory Dwelling Unit at 320 Hayes RoadCOMMISSION AGENDA ITEM 506 December 14, 2015 REQUEST: Informational Consent Public Hearings X Regular KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division and the Planning & Zoning Board request the City Commission hold a Public Hearing to consider a Conditional Use for an accessory dwelling unit located at 320 Hayes Road. SYNOPSIS: The City of Winter Springs Community Development Department- Planning Division has received a conditional use application for an accessory dwelling unit located at 320 Hayes Road. The applicant intends to convert an existing cottage (652 SF) to an accessory dwelling unit and build a new residence on the property, pursuant to Section 6 -85 and Section 20 -33 of the City Code of Ordinances. Section 6 -85 allows a maximum of one accessory dwelling unit (a maximum size of 800 square feet or 30 percent of the air conditioned area of the principle structure, whichever is less), subject to a Conditional Use in the R -1AA zoning district. CONSIDERATIONS: PARCEL Property Owner: Mr. John Mustakas Property Addresses: 320 Hayes Road Winter Springs, FL Parcel ID number: 02- 21- 30- 504 -0000 -0030 Public Hearings 506 PAGE 1 OF 4 - December 14, 2015 Property Acreage: Approximately 1.937 acres Current Future Land Use: Rural Residential Existing Zoning: R -lAA DISCUSSION: The applicant, Mr. John Mustakas, is currently building a new home with approximately 4,000 square feet on a relatively isolated 1.937 acre parcel accessed by Hayes Road. The applicant would like to convert the existing small cottage to an accessory dwelling unit when the home is completed. The existing small cottage has approximately 652 square feet of air - conditioned space and meets the required setbacks for the R -lAA zoning district. The applicant has met with Staff and agreed if the conditional use is not granted, he will utilize the space for storage or demolish the building. A building permit for the new home has been issued, but the Certificate of Occupancy is conditioned upon receiving approval of the conditional use for the accessory dwelling or repurposing the use of the existing cottage. 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. 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 City's Comprehensive Plan 2. The site has a Residential Rural Future Land Use designation and R -lAA 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, as set forth in Section 6 -85 of the City Code. 4. The applicant has stated that he will reside in either the principle structure or the ADU. 5. The request is consistent with the conditional use criteria of Section 20 -33 of the City Code and with all applicable requirements, below: Public Hearings 506 PAGE 2 OF 4 - December 14, 2015 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 not adversely impact land use activities in the immediate vicinity. Staff believes the existing cottage, which would be used as an ADU, will have minimum offsite impacts, is harmonious with and will not adversely affect the adjacent land 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. Staff believes that the 1.937 acre lot is sufficient in size and provides adequate screening, buffering, landscaping, and open space. The proposed site plan shows sufficient parking and improvements to mitigate against potential adverse impacts. C. Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. Staff believes that the proposed would affect all of these in a positive manner. 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. Staff believes that the proposed use will not have an adverse impact on 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 of cultural and historic resources. Staff does not believe that the proposed use will have an adverse impacts on any of the above listed items. 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 bicycle and pedestrian facilities. Staff does not believe that the proposed use will have or create any adverse impacts on any of these resources. g. 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. Staff does not believe that the proposed use will have or create any adverse impacts. FISCAL IMPACT: Improvements that are installed on an existing residential property typically result in an increase to the taxable value of the property. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals Public Hearings 506 PAGE 3 OF 4 - December 14, 2015 noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's 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 five (5) 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. Notifications were mailed to all property owners within 150 feet of the subject property. RECOMMENDATION: Community Development Staff and the Planning and Zoning Board recommend that the City Commission approve the conditional use request for an Accessory Dwelling Unit located at 320 Hayes Road. ATTACHMENTS: A. Location Map B. Application Package C. City Code of Ordinances Section 6 -85 D. Draft Minutes - Planning and Zoning Board/Local Planning Agency - December 2, 2015 Public Hearings 506 PAGE 4 OF 4 - December 14, 2015 M o15- 06 Sz ATTACHMENT "B" Application Package CITY OF WINTER. SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407 - 327 -6966 FAX:407-327 -6695 BOARD OF ADJUSTMENT APPLICATION V CONDITIONAL USE I SPECIAL EXCEPTION • VARIANCE • WAIVER APPLICANT: 111 S 1 �"e, s - -.J - o 4A� �j Last First Middle MAILING ADDRESS: 61v in �7�, t Vv in L( vc--. C[�74�%-1 4 �� PHONE & EMAIL City �state � i ✓A 1 A Zip Code 4 -7--r - A)E / If Applicant does NOT own the property: PROPERTY OWNER: A1/4- Last First Middle MAILING ADDRESS: City State Zip Code PHONE & EMAIL This request is for the real property described below: PROPERTY ADDRESS: `� �� &&1,9 '�(%Yf 7Z AC '70,9 TAX PARCEL NUMBER: ©�— f - 3o —5-0 OC ©® <— 4 ® 3 SIZE OF PARCEL: _..._ �> �J 7f2 " Square Feet Acres EXISTING LAND USE: Current FUTURE LAND USE Classification: /I/� Current ZONING Classification: 4 A qf7 Co Please state YOUR REQUEST: ttJ �7I f�A 6"Z �' dl , AN? evg-etv New u-p,-ne 1�r Ap& 09 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right -of -way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross - examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (Code of Ordinances, Section 20 -36.) APPLICATION FEES FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development. CONDITIONAL USE / SPECIAL EXCEPTION $ 500 WAIVER $ 500 VARIANCE $ 500 THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: ❑ A copy of the most recent SURVEY of the subject property. ❑ A copy of the LEGAL DESCRIPTION reflecting the property boundaries. ❑ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ❑ JUSTIFICATION for the Request (See Attached List) ❑ NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ❑ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). Ap�09 CONDITIONAL USE PERMIT REQUEST Taken from Winter Springs Code of Ordinances, Section 20- 33(d): All Conditional Use recommendations and final decisions shall be based on the following criteria to the extent applicable. Attach additional paper as necessary: ❑ What is the Conditional Use you are requesting? &AJAJ -5-0'JeAK -01-D Ca n'4 dt� Al A-n ADil An2ga 0a1ptL- -r1dry orz'Ntaa Sgt s� pe�cE ❑ How is the Conditional Use (including its proposed scale and intensity, traffic- generating characteristics, and offsite impacts) compatible and harmonious with adjacent land uses? j-M/C4-L 1;c,- 4- WALk-7r T NL -_-,2 or��aauo #oinLP ❑ Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not? lU® /---CiS7-)s n/G ❑ Demonstrate how the size and shape of the site, the proposed access and internal circulation, and the design enhancements are 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. ApnI09 ❑ Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values? If no, why ❑ Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards? If no, why not? ❑ Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? If no, why not? ❑ Will the proposed use 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? If no, why not? ❑ Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? Apd09 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. **#******#* x*z*zz#zz*z xz*##z##zzzz s*#*zzzz##z tzz#zz#*** * ** # #z # # #x # # # # #Y # # # * #Y * * #Y * * # ** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consideration: Signature Swprn to and subscrili d before me this day o 20 tary Public My Co ioi Personally Known Produ entificaTit: (TYPei�. �J,— Didtake a Oath Did Not take and Oath # Y# YY### Y### Y####*####### k## Y$## # # # #kY # * # #k # # # # #k #Y #Y # # #k * # #Y ## -Z=/ FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: do hereby, with my notarized signature, allow M fiya r >sd 3R1GNEyp .�� a a a.aa .I to represent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located Signature of Owner(s) Swom to and subscribed before me this day of 20_ Personally Known Produced ID: (Type)_ Did take an Oath Did Not take and Oath Notary Public My Commission expires: k##*# k# z##* k* F# x## x# Y## Y#### x# x# x##z xY## Yxx# xx####*#### # #Y #Y # # * # # # # #k # #k * * # # # * # # *Ex # #* Apd09 JO -- - - -------- ---- ------ vflu 6- ATTACHMENT "C" City Code of Ordiances Section 6 -85 Sec. 6 -85. - 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: (a) Zoning district. A property owner may request a conditional use approval to allow one (1) 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 (b) Existing development on lot. A single - family dwelling shall exist on the lot or will be constructed in conjunction with the ADU. (c) Location. The ADU may be attached to or detached from the principal dwelling. (d) Owner occupancy required, declaration of restrictions. The property owner shall occupy 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: (1) The ADU shall not be sold or conveyed separate from the principal residence; (2) The ADU is restricted to the approved size; (3) The use permit for the ADU shall be in effect only so long as either the principal residence or the ADU is occupied by the owner of record as their principal residence; (4) The declarations shall run with the land, shall be binding upon any successor in ownership of the property and that noncompliance shall be cause for code enforcement and /or revocation of the conditional use permit; (5) The deed restrictions shall only be removed with the express, written approval of the city, but shall lapse upon removal of the accessory unit; and (6) The ADU shall not be used for commercial purposes other than being leased for residential purposes. (e) Number of ADUs per lot or parcel. Only one (1) ADU shall be allowed for each lot or parcel. (f) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located. (g) Building height and stories. The ADU shall meet the building height regulations for the zoning district in which it is located. (h) Lot coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage regulations for the zoning district in which they are located. Page 1 Parking and access. A minimum of one (1) parking space shall be provided on -site for the 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. Q) Water and wastewater services. An ADU is required to connect to the central water and 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. (k) Other code requirements. The ADU shall comply with all applicable building codes. (1) Lot size, minimum; principal residence minimum. A minimum lot size of six thousand six 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. (m) Unit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air 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. (n) Design. The ADU shall replicate the design of the principal dwelling by use of similar 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.). (o) Privacy. Privacy and screening of adjacent properties is of utmost importance in the 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. (p) Expiration. As with all conditional use approvals, if a building permit has not been issued within two (2) years for the ADU, the approval becomes null and void (see section 20 -36). (q) Approval process. The conditional use /aesthetic review approval of an ADU is subject to a 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) Page 2 ATTACHMENT "D" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 2, 2015 PAGE 1 OF 1 Excerpt from the Wednesday, December 2, 2015 Planning and Zoning Board /LPA Regular Meeting Minutes PUBLIC HEARINGS 500. Community Development Department — Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency /Planning And Zoning Board Hold A Public Hearing To Consider A Conditional Use For An Accessory Dwelling Unit Located At 320 Hayes Road. Ms. Amanda Webb, Planner, Community Development Department introduced this Agenda Item and noted that the Accessory Dwelling Unit is a Conditional Use on the property at 320 Hayes Road. Ms. Webb also indicated that the proposed Accessory Dwelling Unit is below the maximum square footage and that it meets the required set back of the R -lAA (One - Family Dwelling District) Zoning District. Additional comments. Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input ". "I MAKE A MOTION THAT WE APPROVE FOR THE CONDITIONAL USE REQUEST FOR 652 SQUARE FEET, ACCESSORY DWELLING UNIT LOCATED AT 320 HAYES ROAD." MOTION BY VICE - CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE VICE - CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED.