HomeMy WebLinkAbout2020 07 13 Public Hearing 401 - Accessory Dwelling Unit – Cale Matthews and Jade Matthews • PUBLIC HEARINGS AGENDA ITEM 401
,n m=ared CITY COMMISSION AGENDA I JULY 13, 2020 REGULAR MEETING
1959
TITLE
Accessory Dwelling Unit - Cale Matthews and Jade Matthews
SUMMARY
The Community Development Department requests that the City Commission
hold a Public Hearing to consider a Conditional Use Permit application to
construct a 485 square foot (SF) detached one-story Accessory Dwelling Unit
(ADU) which includes one bedroom, one bathroom, and a full kitchen.
RECOMMENDATION
Staff recommends the City Commission approve the Conditional Use
Application. The Accessory Dwelling Unit is ancillary to the principal dwelling,
conforms to all applicable standards, and meets the minimum Code
requirements.
455
PUBLIC HEARINGS AGENDA ITEM 400
CITY COMMISSION AGENDA
momo�«a
1959 MONDAY, JULY 13, 2020 1 REGULAR MEETING
TITLE
Accessory Dwelling Unit-Cale Matthews and Jade Matthews
SUMMARY
The Community Development Department requests that the City Commission hold a
Public Hearing to consider a Conditional Use Permit application to construct a 48S
square foot (SF) detached one-story Accessory Dwelling Unit (ADU) which includes
one bedroom, one bathroom, and a full kitchen.
General Information
Applicant(s) Cale Matthews and Jade Matthews
Property Cale Matthews and Jade Matthews
Owner(s)
Location 1208 Howell Creek Drive, Winter Springs, FL 32708
Tract Size ± .41 Acres (17,839 SF)
Parcel ID 12-21-30-SDA-0000-3070
Number
Zoning Winter Springs Planned Unit Development (PUD)
Designation Subdivision Winter Springs Unit 4
FLUM Low Density Residential I Density up to 1 du/gross acre
Designation
Adjacent North: Winter Springs (PUD) South: Winter Springs (PUD)
Land Use East: Winter Springs (PUD) West: Winter Springs (PUD)
Setbacks Front: 3S ft. Rear: 10 ft. Side: 10 ft. Corner: 2S ft.
Development Minimum Living Minimum Lot Minimum Lot Loo Coverage:
Standards Area: 2,000 SF Area: 40,000 Width: 100 ft. 40%
SF
Development
Agreement Declaration of Restrictions I Pending
Code Not Applicable
Enforcement
City Liens Not Applicable
Request:
The Community Development Department received a Conditional Use Permit
application to construct a detached one-story Accessory Dwelling Unit (ADU). The
applicants/owners are proposing to build a detached 48S SF ADU with one bedroom,
one bathroom, and a full kitchen.
456
Background•
The subject property is a lot of record located at 1208 Howell Creek Drive, Winter
Springs, Florida 32807. According to the Seminole County Property Appraiser's
website, the residence was built in 1973, and the home has four bedrooms and two
bathrooms.The cumulative square footage of the principal structure is 2,745 SF (2,152
SF living). The principal structure is constructed with concrete block with a stucco
finish.The residence is located in the Winter Springs Unit 4 subdivision.The applicant
stated that the subject property is not in a mandatory homeowners' association and
there are no mandatory Homeowners' Association (HOA) covenants on the property.
Notices were mailed to all owners of real property adjacent to and within
approximately five-hundred feet (500) of the subject property and all Homeowners'
Associations on file with the City Winter Springs (141 notices).
Accessory Dwelling Unit Requirement:
An Accessory Dwelling Unit is ancillary or a secondary dwelling unit that is clearly
subordinate to the principal dwelling and provides complete independent living
facilities for one (1) or more persons, which includes provisions for living, sleeping,
eating, cooking, and sanitation. An ADU is located on the same parcel or lot as the
principal residence 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 (ADU's) must conform to the standards as outlined below.
Accessory Dwelling Unit criteria set forthfollows:
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:
P-IAAA Single-Family Dwelling District
P-CI Single-Family Dwelling District
P-1AA and P-1A One-Family Dwelling District
P-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;
PUBLIC HEAPINGS AGENDA ITEM . . 1 MONDAY JULY 13, 2020 1 PAGE 2 OF 7
457
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;
S. 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 ADU's 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.
i. 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.
j. 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.
I. 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. sect
AGENDAPUBLIC HEAPINGS ITEM 400 1 MONDAY
458
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).
In evaluation of the standards outlined above, the applicant's request is in harmony
with the applicable standards. The location of the proposed structure meets
minimal setback requirements and lot coverage. The 485 square foot structure is
22.5% of the primary structure (2,152 square feet), with shared parking and driveway
access with the principle structure. The aesthetics of the unit is in harmony with the
principal structure.
Conditional Use Requirement:
All conditional use recommendations and final decisions shall be based on the
following criteria to the extent applicable:
Conditional uses criteria set forth in gosection ZQI� are as follows:
1. Whether the applicant has demonstrated the conditional use, including its
proposed density, height, scale and intensity, hours of operation, building and
lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke,
fumes and other emissions, parking and traffic-generating characteristics,
number of persons anticipated using, residing or working under the
conditional use, and other 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 density, 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, safe and convenient automobile, bicycle, and pedestrian
PUBLIC HEARINGS AGENDA ITEM . . 1 MONDAY JULY 13, 2020 1 PAGE 4 OF 7
459
mobility at the site, 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 propertyvalues.
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.
S. 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, stormwater and surface water management, police,
fire, parks and recreation, streets, public transportation, marina and waterways,
and bicycle and pedestrian facilities.
7. Whether the traffic report and plan provided by the applicant details safe and
efficient means of ingress and egress into and out of the neighborhood and
adequately address the impact of projected traffic on the immediate and
neighborhood, traffic circulation pattern for the neighborhood, and traffic flow
through immediate intersections and arterials.
8. 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.
9. Whether the proposed use avoids significant adverse odor, emission, noise,
glare, and vibration impacts on adjacent lands regarding refuse collection,
service, parking and loading signs, lighting, and other sire elements.
10. Whether the applicant has provided an acceptable security plan for the
proposed establishment that addresses the safety and security needs of the
establishment and its users and employees and minimizes impacts on the
neighborhood, if applicable.
11. Whether the applicant provided an acceptable plan for the mass delivery of
merchandise for new large footprint buildings (greater than 20,000 square
feet) including the hours of operation for delivery trucks to come into and exit
the property and surrounding neighborhood, if applicable.
12. Whether the applicant has demonstrated that the conditional use and
associated site plan have been designed to incorporate mitigative techniques
and plans needed to prevent adverse impacts addressed in the criteria stated
herein or to adjacent and surrounding uses and properties.
13. If the proposed conditional use is a residential use, whether the elementary,
middle and high schools (K- 12) that will be initially assigned to the residential
project by the School District at the time the city commission considers final
approval of the conditional use have both sufficient capacity, are in close
proximity to the project so as to make each of the assigned schools accessible
PUBLIC HEAPINGS AGENDA ITEM . . 1 MONDAY JULY 13, 2020 1 PAGE 5 OF 7
77
and convenient (e. g., walking distance travel time, private and public
transportation, and quality of route environment) to the majority of the school
population that will be drawn from the project, and promote and support the
integration of future residents of the project into the existing city of Winter
Springs community in a sustainable manner.
14. Whether the applicant has agreed to execute a binding development
agreement required by city to incorporate the terms and conditions of
approval deemed necessary by the city commission including, but not limited
to, any mitigative techniques and plans required by city code.
In evaluation of the proposed conditional use request, it appears that the request
satisfies all fourteen (14) specific criteria as required for a Conditional Use in the City
Code of Ordinances. The request to allow a Conditional Use Permit conforms to the
requirements listed above. The applicant has demonstrated the conditional use,
including its proposed height scale and design. The proposed site will not have an
adverse impact as indicated in Subsection 20-33(d) items 3-9. The applicant has
agreed to the execution of a Declaration of Restrictions as indicated in Sec. 6-85 (d).
Procedural History:
December 4, 2019 Conditional Use Applications Submittal
June 3, 2020 Planning and Zoning Board, Recommendation of Approval
June 17, 2020 Revised Conditional Use Applications Submittal
Applicable Law, Public Policy. and Events:
Home Rule Powers
City of Winter Springs Comprehensive Plan
City of Winter Springs Code of Ordinances
Ch6, Sec. 6-85. Accessory Dwelling Units.
Ch9, Sec. 9-277 (2). Off-street parking requirements.
Ch9, Sec. 9-607. Residential compatibility and harmony regulations.
Ch20, Sec. 20-1. Definitions.
Ch20, Sec. 20-33. Conditional Uses.
Ch20, Sec. 20-353. Standards for planned unit developments.
Future Land Use Element, Policy 1.1.6
Housing Element, Policy 1.4.6
Housing Element, Policy 2.4.7
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY JULY 13, 2020 1 PAGE 6 OF 7
461
Fiscal Impact•
Development of the subject property is anticipated to provide an increase to the City's
taxable value.The potential tax revenue of the proposed project will be dependent on
the change in tax-assessed value as determined by the Seminole County Property
Appraiser.
Staff Recommendation:
Staff recommends that the City Commission approve the Conditional Use Application.
The Accessory Dwelling Unit is ancillary to the principal dwelling, conforms to all
applicable standards, and meets the minimum Code requirements.
Attachments:
Exhibit 1 -Vicinity and Aerial Maps
Exhibit 2-Conditional Use Application
Exhibit 3- Plans (Survey, Elevations, Floor Plans)
Exhibit 4-Color Renderings
Exhibit 5- Declaration of Restrictions
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY JULY 13, 2020 1 PAGE 7 OF 7
462
Exhibit 1 - Vicinity and Aerial Map
Project Site
1208 Howell Creek Drive, Winter Springs, FL 32708
Parcel ID# 12-21-30-5DA-0000-5070
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Exhibit 2 - Conditional Use Application
CITY OF WINTER SPRINGS
• COMMUNITY DEVELOPMENT DEPARTMENT
' 1126 East State Road 434
Winter Springs,Florida 32708
Incorporated customerservice(a_winterspringsfl.org
1959 Application-Conditional Use/ADU
The Community Development Director reserves the right to determine whether this application is complete
and accurate. An incomplete application will not be processed and will be returned to the applicant. The application
shall be reviewed per Chapter 20-Zoning Sec.20-33 and Chapter 6-Sec.6-85. The sufficiency review shall be completed
within thirty (30) calendar days per FL Statue 166.033. Once the application is deemed sufficient, the applicant
shall move forward with the Community Workshop,required per Chapter 20-Zoning Sec.20-29.1.
Applicants are responsible for posting notice (provided by the city) on the site at least seven (7) days prior to the
Planning & Zoning Board (PZB) meeting at which the matter will be considered. Said notice shall not be posted
within the City right-of-way.
An 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. (See Sec.
6-85. Accessory Dwelling Units).
Two public hearings are held, one at a Planning and Zoning Board (PZB) meeting and the other at a City
Commission (CC) meeting. Meetings are noticed to all property owners within 500 feet of the subject property.
An ADU will NOT be approved if prohibited by the declarations, covenants, conditions and restrictions of a
homeowners' association.
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.
Applicants are further advised that a Conditional Use is quasi-judicial in nature. Therefore, APPLICANT
ACKNOWLEDGES and AGREES, by signing below, that he or she:
• May be sworn-in as a witness in order to provide testimony to the City Commission;
• Shall be subject to cross-examination by parry intervenors (if requested); and
• Shall be required to qualify expert witnesses, as appropriate.
Applicants are encouraged to familiarize themselves with Chapter 2 - Administration Sec. 2-30 of the Winter
Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Conditional Use
recommendations shall be based from the required information/documentation provided, the Winter Springs Code
of Ordinances, and the Winter Springs Comprehensive Plan (to the extent applicable).
The City Commission(CC) shall render all final decisions regarding Conditional Uses and may impose reasonable
conditions on any approved Conditional Use to the extent deemed necessary and relevant to ensure compliance
with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter
Springs 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
2019/10 Page 1 of 7
464
CITY OF WINTER SPRINGS
• COMMUNITY DEVELOPMENT DEPARTMENT
' 1126 East State Road 434
Winter Springs,Florida 32708
Incorporated customerservice(a_winterspringsfl.org
1959 Application—Conditional Use/ADU
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 Florida Statute 286.0105.
If the Conditional Use approval is granted, PRIOR to receiving a building permit, the APPLICANT must file a
Declaration of Restrictions with the Seminole County Clerk of the Court public records containing a reference to
the legal description of the property and the deed under which the property was conveyed to the present owner
stating:
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.
A Conditional Use 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, 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 shall be deemed expired and null and void, per
Chapter 20— Sec.20-36.
REQUIRED INFORMATION:
Applicant(s): Nathan Poole Date:06/09/2020
Mailing address: 1208 Howell Creek Drive, Winter Springs, FL 32708
Email: npoole@mid-southcontractors.com
Phone Number: 209-862-8453
Property Owner(s): Cale Matthews and Jade Matthews
Mailing Address: 1208 Howell Creek Drive, Winter Springs, FL 32708
Email: calematthews@gmail.com
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CITY OF WINTER SPRINGS
• COMMUNITY DEVELOPMENT DEPARTMENT
' 1126 East State Road 434
Winter Springs,Florida 32708
Incorporated customerservice(a_winterspringsfl.org
1959 Application—Conditional Use/ADU
Phone Number: 407-731-5167
ProjectName: Matthews In-Law Suite
Property Address: 1208 Howell Creek Drive, Winter Springs, FL 32708
Parcel ID(s): 12-21-30-5DA-0000-5070
Parcel Size: 17,687 SF
Existing Use: 2,152 SF
Future Land Use: 485 SF
Zoning District: PUD
Community Workshop Date: NA
Conditional Use that is being requested? Acessory Dwelling Unit
How is the Conditional Use(density, height, scale and intensity, hours of operation, building and lighting design,
setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions parking and traffic
generating characteristics, number of persons anticipated using, residing or working under the conditional use,
and other offsite impacts) compatible and harmonious with adjacent land uses?
As a 485 square foot ADU that will reflect the same textures, colors, and exterior finishes of the primary residence, the ADU will
reflect the same style exhibited by the primary residence located at 1208 Howell Creek Drive, Winter Springs, FL. It will not infringe
upon open space because it will stand at one story in the homeowners' backyard and will be modest in size at 485 square feet.
Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not?
No, the ADU will not adversely impact land use activities in the immediate vicinity. It
will not infringe upon open space because it will stand at one story in the homeowners'
backyard and will be a modest 485 SF.
Demonstrate the size and shape of the site, the proposed access and internal circulation, and the design
enhancements to be adequate to accommodate the proposed density, 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, safe and convenient automobile, bicycle, and pedestrian mobility at
the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the
proposed use.
The ADU will be a modest size of 485 SF that will reflect the same textures, colors,
and exterior finishes of the primary residence. The ADU will be located on private
property, in the backyard of the primary residence owned by the homeowner.
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CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
` 1126 East State Road 434
Winter Springs,Florida 32708
customerservice(a_winterspringsfl.org
1959 Application—Conditional Use/ADU
Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact,
employment, and property values? If no, why not?
The ADU will likely increase neighborhood quality by inherently increasing the value of property
located at 1208 Howell Creek Drive, Winter Springs, FL 32708.
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?
No, the ADU will not have an adverse impact on natural environment, it will be utilized seasonally as an in-law suite
for the homeowners' mother-in-law.ts carbon footprint will be minimal and it will not infringe upon open space
because it will stand at one story in the homeowners' backyard and will be modest in size at 485 square feet.
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?
The ADU will not have an adverse impact on historic, scenic and cultural resorces, whatsoever, as
it will be constructed in the backyard of the primary residence.
Will the proposed use have an adverse impact on public services, including water, sewer, stormwater and surface
water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and
bicycle and pedestrian facilities? If no, why not?
No, the ADU will not have an adverse impact on public services (water, sewer, surface water, management, police, fire,
parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities), as it will
be located on private property(the backyard of the primary residence owned by the homeowner designated on our ADU application).
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?
As a 485 square foot ADU that will reflect the same textures, colors, and exterior finishes of the primary residence, the ADU
will reflect the same style exhibited by the primary residence located at 1208 Howell Creek Drive, Winter Springs, FL. In fact, the
ADU will likely increase neighborhood quality by inherently increasing the value of the property located at 1208 Howell Creek Drive,Winter Springs, FL.
Will the proposed use avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent
and surrounding lands regarding refuse collection, service delivery,parking and loading, signs,lighting, and other
sire elements? If no, why not?
The ADU will not have any adverse odor, emission, noise, glare, and vibration impacts on adjacent
and surrounding lands regarding refuse collection, service delivery, parking and loading, lighting,
and other sire elements.
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467
CITY OF WINTER SPRINGS
• COMMUNITY DEVELOPMENT DEPARTMENT
' 1126 East State Road 434
Winter Springs,Florida 32708
Incorporated customerservice(a_winterspringsfl.org
1959 Application—Conditional Use/ADU
Demonstrate that the conditional use and associated site plan have been designed to incorporate mitigative
techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and
surrounding uses and properties.
The ADU proposed plans, which have been approved by the City of Winter Springs Building
Department, have been designed to ensure that the ADU will not have an adverse impact on the
local economy, including govermental fiscal impact and property values.
If the proposed conditional use is a residential use, whether the elementary, middle and high schools (K-12)that
will be initially assigned to the residential project by the School District at the time the city commission considers
final approval of the conditional use have both sufficient capacity, are in close proximity to the project so as to
make each of the assigned schools accessible and convenient (e.g., walking distance, travel time, private and
public transportation, and quality of route environment) to the majority of the school population that will be
drawn from the project, and promote and support the integration of future residents of the project into the existing
city of Winter Springs community in a sustainable manner.
No, this is an in-law suite made for seasonal use for the homeowners in-laws
Has the applicant agreed to a binding development agreement required by city to incorporate the terms and
conditions of approval deemed necessary by the City Commission including, but not limited to, any mitigative
techniques and plans required by city code? Yes Yes No
List all witnesses that the applicant intends to present to the City Commission to provide testimony:
Nathan Poole
Describe with specificity any evidence which the applicant intends to present to the City Commission, including
oral factual testimony, maps, photographs, records or reports and/or expert testimony:
None
Attach all documentary evidence which the applicant intends to present to the city commission to the back of this
application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and
documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted
at the city commission hearing if not submitted at least seven (7) days prior to such hearing_
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CITY OF WINTER SPRINGS
• COMMUNITY DEVELOPMENT DEPARTMENT
' 1126 East State Road 434
Winter Springs,Florida 32708
Incorporated customerservice(a_winterspringsfl.org
1959 Application—Conditional Use/ADU
REQUIRED DOCUMENTATION (PDF
X A complete Application and Fee ($500.00*)
X A general description of the relief sought under this division
X A brief explanation, with applicable supporting competent substantial evidence and documents, as to
why the application satisfies the relevant criteria set forth in this division
X A Legal Description accompanied by a certified survey or the portion of the map maintained by the
Seminole County Property Appraiser reflecting the boundaries of the subject property (To scale).
X Site plan illustrating location of buildings, vehicular circulation, and onsite parking
X Floor plan of ADU with dimensions
X Building elevations (color)illustrating both primary residence and ADU from all sides
X Identification of materials, textures, & colors on both primary residence and ADU
na Verification OF HOMEOWNERS' ASSOCIATION APPROVAL (If Applicable);
X An Excel mailing list with the names and addresses of each property owner within 500 ft. of each property
line, along with the HOA Associations within 1/2 mile of each property line.
na An acceptable security plan for the proposed establishment that addresses the safety and security needs
of the establishment and its users and employees and minimizes impacts on the neighborhood.
na An acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than
20,000 square feet)including the hours of operation for delivery trucks to come into and exit the property
and surrounding neighborhood.
na For all new commercial development and new residential subdivisions of ten(10)or more lots or existing
commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity
and requiring a modified site plan, or development agreements process under section 20-28.1 of the City
Code, or as otherwise deemed applicable by the city to relevantly and competently examine an
application for compliance with the city code and the affect and impact the proposed use will have on
neighborhood and surrounding properties, applicants shall be required to submit with the following
additional information referenced in Chapter 20—Zoning Sec.20.29 Applications 7) 11).
* Fees are as shown above 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.
2019/10 Page 6 of 7
469
CITY OF WINTER SPRINGS
COMM'UNITY DEVELOPMENT DEPARTMENT
� 1126 East State Road 434
15
Winter Springs,Florida 32709
`.
r
ciaatomersrrice<t�. tiwintersprfngstl_CIM
Application–Conditional Use 1 ADU
CITY LMTED RIGHT OF ENTRY: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 and posting on
the subject property.
APPLICANT'S AUTHORIZATION:I desire to mare Application for a Conditional Use for the aforementioned
project and have read and agree to the terms contained herein. In addition,if the Applicant is a corporate entity,
the undersigned hereby represents and warrants that he/she is authorized to act on behalf of, and bind, the
corporate entity.
Applicant Name(Print): Nathan Poole
Applicant Signature: Date-06/09/2020
Business Name: Mid-South Contr etom LLC
Address: 1208 Howell Creek drive,Winter Springs, FL 82708 Parcel ID:12-21-00-5DA-0000-5070
STATE OF F1Orlda COUNTY OF [J
The foregoing instrument was acknowledged before me this day of ; / ' , 20_X, by
VAJ41itl Q D 62-1 Cwho is person@ry—acs me or who has produced
as idea cation an w o i i 110 a an oath.
24
Da (&3 � � WA TE- -pbRVEN
;Notary Public-State of Florida
Notary Public Signature: = = Commission R HH 9828
My Commission Expires
My Commission expires: June 11,2024
Note:The Property Owner shall sign and have their signature notarized below if the
Applicant is not the owner of the subject property.
Property Owner's Name(Print): Lai 4- '14111) LIJ
Property Owner Signature; - -- Date
STATE OF 4f; c►COUNTY OF
t.lie toregoin Instrument was acknowledged helbrt,.me tliis ' dad' of �� `-: , 2F3 isy
who is .persona il _._ log to to ale; or who has pa c�ducecl
as identification and who did/did rapt take an oath.
r ate: (seal):
Notary Public Sigraa[ur6--1, �-`l
RACHEL E.4AARKS
My Commission expires: !i MYCfiMMWlOt4#GG084528
EXPIRES:July 17.2021
BMW 116W yt!lotary ur.�,
2019110 Page 7 of 7
470
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Exhibit - 5 Matthews Declaration of Restrictions
Prepared by and return to:
City of Winter Springs
1126 E.SR 434
Winter Springs,Florida 32708
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS ("Declaration') is made this day
of , 2020 , by Cale Matthews and Jade Matthews,whose address is
1208 Howell Creek Drive,Winter Springs,Florida, 32708 ("Owner").
WITNESSETH:
WHEREAS, Owner is the present owner of certain real property located in the City of Winter
Springs,Florida,more particularly and legally described herein in Paragraph 2("Property"); and
WHEREAS, Owner and/or persons acting on behalf of Owner proposed to construct an
accessory dwelling unit on the Property; and
WHEREAS, Section 6-85, Accessory Dwelling Units, Winter Springs Code of Ordinances,
conditions the issuance of a building permit for construction of an accessory dwelling unit
(hereinafter,"ADU")as provided herein; and
NOW THEREFORE, Owner hereby declares that the Property described herein is and
shall be held,transferred, sold, conveyed and occupied subject to the covenants set forth herein as
follows:
1. Incorporation of Recitals. The foregoing recitals are hereby deemed true and
correct and are hereby fully incorporated herein by this reference.
2. The Pro en " The real property subject to the terms of this Declaration is legally
described as follows:
Lot 507, Winter Springs Unit 4, according to the plat thereof as recorded in Plat
Book 18, Page 06-08 of the Official Records of Seminole County,Florida.
3. Restrictive Covenants. Owner hereby agrees that the Property shall be subject to
and bound by the following restrictive covenants:
(a) The ADU shall not be sold or conveyed separate from the principal residence.
(b) The ADU is restricted to the size approved by the City.
(c) 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.
(d) The ADU shall not be used for commercial purposes other than being leased for
residential purposes.
Declaration of Restrictions
Accessory Dwelling Unit
Page 1 of 3
476
Prepared by and return to:
City of Winter Springs
1126 E.SR 434
Winter Springs,Florida 32708
4. Third Party Beneficiary, Owner hereby acknowledges and agrees that the City
Commission of the City of Winter Springs has imposed certain conditions upon its
approval of the ADU, and that Owner has voluntarily entered into this Declaration to
memorialize the conditions of approval as covenants running with the land. Further,
Owner hereby designates the City of Winter Springs as a third party beneficiary to
this Declaration and as such, the City shall have the right to enforce the provisions of
this Declaration in the event the Owner, or any assignee or successor in interest of
Owner, fails to adequately maintain the restrictive covenants set forth herein to the
satisfaction of the City.
5. Termination: Amendment. Owner agrees that this Declaration shall not
be terminated or amended without the express written consent of the City
Commission of the City of Winter Springs, except that this Declaration shall
automatically lapse upon removal of the ADU. Said termination or amendment shall
be in recordable form and recorded in the same manner as provided in Section 8 herein.
6. Declaration Runs with the Land. This Declaration shall be a covenant that runs
with the land and shall bind and inure to the benefit of heirs, personal representatives,
successors and assigns of each present and future owner of the real property
described herein.
7. Noncompliance with Declaration. Failure to comply with this Declaration may be
cause for code enforcement and/or revocation of the conditional use permit.
8. Recordation. Owner shall record this instrument in a timely fashion in the Official
Records of Seminole County, Florida, and may re-record it at any time as may be
required to preserve the restrictive covenants contained herein.
(Signature Page Follows)
Declaration of Restrictions
Accessory Dwelling Unit
Page 2 of 3
477
Prepared by and return to:
City of Winter Springs
1126 E.SR 434
Winter Springs,Florida 32708
DONE AND EXECUTED on the date first written above.
OWNER:
Cale Matthews
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this Day of
, 2020, by Cale Matthews an individual [ ] who is/are
personally known to me,or [ ] who have produced as identification.
Notary Public
Print Name:
My Commission expires:
OWNER:
Jade Matthews
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this Day of
, 2 0 20, by Jade Matthews, an individual [ ] who is/are
personally known to me,or [ ] who have produced as identification.
Notary Public
Print Name:
My Commission expires:
Declaration of Restrictions
Accessory Dwelling Unit
Page 3 of 3
478