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Home My WebLink About2026 07 02 Planning and Zoning Regular Meeting AgendaPLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING AGENDA THURSDAY, JULY 2, 2026 - 5:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Approval of the Thursday, May 7, 2026 Planning and Zoning Board/Local Planning Agency Regular Meeting Minutes. 2026 05 07 Planning and ZoningLPA Regular Meeting Minutes.pdf PUBLIC HEARINGS AGENDA Pursuant to F.S. § 286.0115, if the mayor or any city commissioner receives and/or sends ex parte communications regarding any application filed with the city, the mayor or any city commissioner must publicly disclose such communications before or during the hearing at which a vote is taken on the quasi-judicial matter, so that persons who have opinions contrary to those expressed in the ex parte communications are given a reasonable opportunity to refute or respond to the communications. 400. 840 Dyson Dr – Accessory Dwelling Unit (Conditional Use) 840 Dyson Dr ADU PZB 7.02.2026 PP.pdf Dyson ADU Staff Report PZB 7.2.2026 v2.pdf 840-DYSON-DR-EXHIBIT D - Legal Description and Survey-Legal Description_v1.pdf 840-DYSON-DR-EXHIBIT E - SIte Plan-Site Plan_v1.pdf 840-DYSON-DR-EXHIBIT G - Elevations-Elevations_v1.pdf 840-DYSON-DR-EXHIBIT F - Floor Plan-Floor Plan_v1.pdf 840-DYSON-DR-EXHIBIT H - Materials Textures and Colors-Other_v1.pdf 840-DYSON-DR-Conditional Use Application & Exhibit A - Responses to Application Questions-Application Justification Narrative_v1.pdf Declaration of Restrictions _ ADU _ 840 Dyson Drive.pdf REGULAR AGENDA 500. Not Used 2 REPORTS PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 3 CONSENT AGENDA ITEM 300 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | JULY 2, 2026 REGULAR MEETING TITLE Approval of the Thursday, May 7, 2026 Planning and Zoning Board/Local Planning Agency Regular Meeting Minutes. SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends approval of the Thursday, May 7, 2026 Planning and Zoning Board/Local Planning Agency Regular Meeting Minutes as presented. 4 PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING MINUTES MAY 7, 2026 CITY HALL – COMMISSION CHAMBERS CITY OF WINTER SPRINGS, FLORIDA CALL TO ORDER Board Member Kok Wan Mah called the Thursday, May 7, 2026, Planning and Zoning Board/Local Planning Agency Regular Meeting to Order at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708.) Roll Call: Chairperson Kok Wan Mah, present Vice-Chairperson Michael Ferrante, absent Board Member Louie Hilal, present Board Member Rachel Hood, present Board Member David Mahnken, present Assistant City Attorney Kristin Eick, present Deputy City Clerk Tristin Tarrant, present Also present: Mr. John Rabon, Senior Planner, Community Development Department Ms. Jenale Garnett, Senior Planner, Community Development Department Ms. Terrilyn Rolle, Director, Community Development Department A moment of silence was held, followed by the Pledge of Allegiance. Chairperson Mah asked if there were any changes to the agenda. Staff relayed that Public Hearing item 405 was requested to be pulled from the agenda by the applicant until further notice. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Chairperson Mah opened Public Input. No one addressed the Board. Chairperson Mah closed Public Input 5 CITY OF WINTER SPRINGS, FLORIDA PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MINUTES – MAY 7, 2026 PAGE 2 OF 6 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , | P A G E 2 O F 6 CONSENT AGENDA 300) Approval of the Thursday, March 5, 2026 Planning and Zoning Board/Local Planning Agency Regular Meeting Minutes. MOTION TO APPROVE ITEM 300 APPROVAL OF THE THURSDAY, MARCH 5, 2026 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MINUTES. MOTION BY BOARD MEMBER HILAL. SECONDED BY BOARD MEMBER HOOD. DISCUSSION. VOTE: MAH (AYE); HOOD (AYE); MAHNKEN (AYE); HILAL (AYE) MOTION CARRIED 4-0. PUBLIC HEARINGS AGENDA 400) The Learning Experience, SR 434/419 and Michael Blake Boulevard – Minor Revisions and Waiver Revision. Senior Planner Rabon opened and gave the staff presentation of the revisions for Learning Experience site plan (FEDP-2024-0010) providing background information, a site plan overview, and staff recommendation of approval with one (1) listed proposed condition that all grass on the Property shall be Bahia grass. Senior Planner Rabon opened the fioor for questions. Chairperson Mah asked if the applicant had a presentation for the Board. It was relayed to applicant was not present at the meeting. Assistant City Attorney Eick gave clarification of the sidewalk and streetscape waiver that it is a modification of the previously approved waiver for the applicant to keep to existing five-foot sidewalk. Chairperson Mah asked the width of the sidewalk for adjacent properties and staff relayed they are also five-foot. The waiver was to alignment the proposed sidewalk in with the adjacent properties. Chairperson Mah opened the Public Hearing for Item 400. No one addressed the Board. Chairperson Mah closed the Public Hearing for Item 400. MOTION TO APPROVE FEDP-2024-0010 AND WAIV-2025-0021 WITH THE FOLLOWING CONDITION THAT ALL GRASS ON THE PROPERTY SHALL BE BAHIA GRASS. NO ST. AUGUSTINE GRASS OR GRASS TYPES WITH LOW DROUGHT TOLERANCE SHALL BE PERMITTED. MOTION BY BOARD MEMBER HOOD. SECONDED BY BOARD MEMBER HILAL. DISCUSSION. VOTE: MAH (AYE); HOOD (AYE); MAHNKEN (AYE); HILAL (AYE) MOTION CARRIED 4-0. 401) PNC Bank – Site/Final Engineering, Aesthetic Review, Waivers, Conditional Use Application, and Development Agreement. Senior Planner Rabon presented the application for a PNC Bank branch (FEDP-2025-0021) which included background information, a site plan overview, elevations and staff recommendation of approval of the site plan, aesthetic review, waivers, conditional use application, and development agreement with four (4) listed conditions for the proposed 6 CITY OF WINTER SPRINGS, FLORIDA PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MINUTES – MAY 7, 2026 PAGE 3 OF 6 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , | P A G E 3 O F 6 project. Project representatives were present for questions and comments. Mr. Mike Panel with Stonefield Engineering and Design relayed the applicant is in agreeance with the proposed conditions and wanted to highlight the reason for the setback waiver is the a-typical frontage on State Road 434. Discussion ensued regarding the flow of traffic, appropriate signage for the one-way traffic flow and amount of parking spaces ensued. Mr. Panel responded there would be appropriate signage for traffic flow posted on site. Chairperson Mah expressed opinion of lower the number of parking spaces due to lower foot traffic occurring at physical locations for banks and gave the suggestion of adding a landscape buffer fronting State Road 434. Chairperson Mah opened the Public Hearing for Item 401. No one addressed the Board. Chairperson Mah closed the Public Hearing for Item 401. MOTION TO APPROVE FEDP-2025-0021 THE SITE/FINAL ENGINEERING, AESTHETIC REVIEW, WAIVERS, CONDITIONAL USE APPLICATION, AND DEVELOPMENT AGREEMENT, SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. 1. EXECUTION OF THE DEVELOPMENT AGREEMENT. 2. CONSTRUCTION ON THE SITE SHALL NOT BEGAN UNTIL THE SITE PREPARATION WORK IS SUBSTANTIALLY COMPLETE. 3. ALL GRASS ON THE PROPERTY SHALL BE BAHIA GRASS. NO ST. AUGUSTINE GRASS OR GRASS TYPES WITH LOW DROUGHT TOLERANCE SHALL BE PERMITTED. 4. ECONOMIC IMPACT ANALYSIS IS REQUIRED BEFORE CITY COMMISSION PUBLIC HEARING. MOTION BY BOARD MEMBER MAHNKEN. SECONDED BY BOARD MEMBER HOOD. DISCUSSION. VOTE: MAH (AYE); HOOD (AYE); MAHNKEN (AYE); HILAL (AYE) MOTION CARRIED 4-0. 402) Garcia Civil Contractors – Site/Final Engineering, Aesthetic Review, and Development Agreement. Senior Planner Rabon opened and presented the application for Garcia Civil Contractors (FEDP-2026-0023) including background information, a site plan overview, elevations of the project and the staff recommendation of approval of the Site/Final Engineering, Aesthetic Review, and Development Agreement, with the three (3) listed proposed conditions. Mr. Andrew MacPhee, Make Design Studios, Architect of Record, Orlando, Florida addressed the board relaying the applicants’ hope for approval to the Commission and the straightforward nature of the project. Clarification was sought regarding the third proposed condition, and staff replied it was just a provision if there were any changes made before city commission it would be reviewed first. Chairperson Mah opened the Public Hearing for Item 402. No one addressed the Board. Chairperson Mah closed the Public Hearing for Item 402. MOTION TO APPROVE ITEM 402 FEDP-2026-0023 GARCIA CIVIL CONTRACTORS THE SITE/FINAL ENGINEERING, AESTHETIC REVIEW, AND DEVELOPMENT AGREEMENT BASED OFF THE PROPOSED CONDITIONS OF EXECUTION OF THE DEVELOPMENT AGREEMENT, ALL GRASS ON THE PROPERTY SHALL BE BAHIA GRASS. NO ST. AUGUSTINE GRASS OR 7 CITY OF WINTER SPRINGS, FLORIDA PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MINUTES – MAY 7, 2026 PAGE 4 OF 6 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , | P A G E 4 O F 6 GRASS TYPES WITH LOW DROUGHT TOLERANCE SHALL BE PERMITTED, ANY ADDITIONAL CONDITIONS FROM CITY REVIEWING DEPARTMENTS OR THE DEVELOPMENT AGREEMENT SHALL BE ENFORCEABLE. MOTION BY BOARD MEMBER HILAL. SECONDED BY BOARD MEMBER HOOD. DISCUSSION. VOTE: MAH (AYE); HOOD (AYE); MAHNKEN (AYE); HILAL (AYE) MOTION CARRIED 4-0. 403) Oviedo City Church Overflow Parking – Site and Final Engineering Plan and Development Agreement Senior Planer Rabon presented the application for FEDP-2025-0020 Oviedo City Church Overflow Parking providing background information, a site plan overview, and staff recommendation of approval with the three (3) listed proposed conditions. Board Member Mahnken asked for clarification on the need for a stormwater plan since the property will be designed with pervious surface. Mr. Ron Thomas, a church member and representative, spoke to the questions raised relaying the stormwater plan is required due to the presence of the vehicles as well as given site conditions and the proximity to a low-lying area. Discussion regarding the ownership of the right-of-way next to the proposed project. Senior Planner Rabon relayed conditions within the development agreement that limit access and usage of the property outside of the necessary overflow parking and recreation. Assistant City Attorney Eick recommended the Board add a condition requiring resolution of the easement crossing prior to execution of the development agreement. Chairperson Mah opened the Public Hearing for Item 403. No one addressed the Board. Chairperson Mah closed the Public Hearing for Item 403. MOTION TO APPROVE FEDP-2025-0020 [OVIEDO CITY CHURCH PARKING] WITH THE FOLLOWING CONDITION THAT 1. EXECUTION OF THE DEVELOPMENT AGREEMENT INLCUDING THE EIGHT (8) CONDITIONS SPECIFIED WITHIN THE DEVELOPMENT AGREEMENT. 2. ALL GRASS ON THE PROPERTY SHALL BE BAHIA GRASS. NO ST. AUGUSTINE GRASS OR GRASS TYPES WITH LOW DROUGHT TOLERANCE SHALL BE PERMITTED. 3. ANY ADDITIONAL CONDITIONS FROM CITY REVIEWING DEPARTMENTS OR THE DEVELOPMENT AGREEMENT SHALL BE ENFORCEABLE. AS WELL AS CONDITIONS DISCUSSED INCLUDING CONFIRMATION OF THE CROSSING OF THE EASMENT BE RESOLVED PRIOR TO THE EXECUTION OF THE DEVELOPMENT AGREEMENT AND THAT THE LOT SHOULD NOT BE USED FOR PAID LONG TERM OR SHORT TERM PARKING PER CITY CODE. MOTION BY BOARD MEMBER HOOD. SECONDED BY BOARD MEMBER MAHNKEN. DISCUSSION. VOTE: MAH (AYE); HOOD (AYE); MAHNKEN (AYE); HILAL (AYE) MOTION CARRIED 4-0. 404) 1221 Northern Way – Accessory Dwelling Unit (Conditional Use) Senior Planner Garnett opened and presented (CADU-2026-0002) Conditional Use Accessory Dwelling Unit (ADU) at 1221 Northern Way, located within the Tuscawilla Unit 13 PUD . The presentation provided background information, and showed a site survey, plans, elevations 8 CITY OF WINTER SPRINGS, FLORIDA PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MINUTES – MAY 7, 2026 PAGE 5 OF 6 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , | P A G E 5 O F 6 and fioor plan for the proposed ADU. Senior Planner Garnett relayed staff recommended approval of the conditional use Adu with one (1) proposed condition, execution of the Declaration of Restrictions. Senior Planner Garnett also brought to the Board attention one objection letter staff received prior to the hearing that was included in the agenda. Owners and applicants, Amy and Sean Cassidy, Winter Springs were present for questions. Mrs. Amy Cassidy provided the ADU is intended for her elderly mother and that all aspects of the project met the Winter Springs City Code. Discussion and clariflcation were established regarding placement within the lot, city code compliance, and setbacks for the ADU. Chairperson Mah opened the Public Hearing for Item 404. Rob Bushey, Winter Springs, expressed objection based on the location of the ADU not being compatible with the community and having the lot look subdivided. Mehrdad Tartibi, Winter Springs, also expressed opposition to the ADU due to the location and proposed construction of the driveway extending across the front yard. Chairperson Mah closed the Public Hearing for Item 404. Chairperson Mah asked the applicant to share the reasoning for the chosen placement of the proposed ADU. Mrs. Cassidy responded that the placement was chosen to avoid the wooded rear of the property, preserve mature trees, and provide practical separation from the main household. Board member Mahnken suggested the Board possibly included a condition or recommend either fencing or landscape buffer between the ADU and sidewalk. The applicants indicated their intention to install landscaping and hedging along the street frontage. Senior Planner Garnett conflrmed that placement in the rear of the lot was not feasible due to the existing pool enclosure occupying the rear setback area. MOTION TO APPROVE CADU-2026-0002 PROPOSED ACCESSORY DWELLING UNIT (ADU), THAT IS ANCILLARY TO THE PRINCIPAL DWELLING, CONFORMS TO ALL APPLICABLE STANDARDS, AND MEETS MINIMUM CODE REQUIREMENTS WITH THE FOLLOWING CONDITIONS. 1. EXECUTION OF THE DECLARATION OF RESTRICTIONS. MOTION BY BOARD MEMBER MAHNKEN. SECONDED BY BOARD MEMBER HOOD. DISCUSSION. Brief discussion ensued on adding the condition to require a landscape buffer along the street frontage. Assistant City Attorney Eick relayed the original motion has been made and seconded and would need to be amended to include the condition if the Board wanted it included. Further clarification was given on the requirement of a Declaration of Restriction as well. Assistant City Attorney Eick relayed the restrictions to the Board. MOTION TO AMEND THE CURRENT MOTION THE FLOOR TO INCLUDE A LANDSCAPING BUFFER CONDITION [ALONG THE STREET FRONTAGE]. MOTION BY BOARD MEMBER HILAL. SECONDED BY CHAIRPERSON MAH. DISCUSSION. VOTE TO ACCEPT THE AMENDED MOTION: MAH (AYE); HOOD (AYE); MAHNKEN (AYE); HILAL (AYE) MOTION CARRIED 4-0. 9 CITY OF WINTER SPRINGS, FLORIDA PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MINUTES – MAY 7, 2026 PAGE 6 OF 6 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , | P A G E 6 O F 6 VOTE FOR ORIGINAL MOTION AS AMENED: MAH (AYE); HOOD (AYE); MAHNKEN (AYE); HILAL (AYE) MOTION CARRIED 4-0. 405) 1111 Marcus Court – Variance Request for a Detached Garage **No discussion. Pulled from agenda per applicant’s request. REGULAR AGENDA 500. Not Used REPORTS The Board gave comments on current projects and construction under way and thanked staff for the thoroughness and clarity of the staff reports prepared for the meeting. PUBLIC INPUT Chairperson Mah opened Public Input. Michael Sans, Winter Springs, appeared to object to the variance request under Item 405, which had been withdrawn. Assistant City Attorney Eick advised that it would not be appropriate to enter objections on the record in the absence of a public hearing with the applicant present. Chairperson Mah closed Public Input ADJOURNMENT Chairperson Mah adjourned the Regular Meeting at 6:44 p.m. RESPECTFULLY SUBMITTED: _____________________________________ TRISTIN TARRANT INTERIM CITY CLERK NOTE: These Minutes were approved at the _______, 2026 Planning and Zoning Board/Local Planning Agency Meeting. 10 PUBLIC HEARINGS AGENDA ITEM 400 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | JULY 2, 2026 REGULAR MEETING TITLE 840 Dyson Dr – Accessory Dwelling Unit (Conditional Use) SUMMARY The Community Development Department requests that the Planning & Zoning Board hold a Public Hearing to consider a Conditional Use application to construct a 738 square foot (SF) of living area detached one-story Accessory Dwelling Unit (ADU) which includes one bedroom, one bathroom, and a full kitchen. FUNDING SOURCE RECOMMENDATION The proposed Accessory Dwelling Unit is ancillary to the principal dwelling, conforms to all applicable standards, and meets the minimum Code requirements. Therefore, Staff recommends that the Planning & Zoning Board recommend approval of the Conditional Use ADU, subject to the following condition: 1. Execution of the Declaration of Restrictions. 11 840 Dyson Drive Accessory Dwelling Unit CADU-2026-0004 John Rabon, JD, MPA Senior Planner Planning & Zoning Board 12 Background COMMUNITY DEVELOPMENT Property Address: 840 Dyson Dr, Winter Springs, FL 32708 (± 2.48 acres) Parcel ID: 13-21-30-5CX-0000-1990 June 16, 2026: Conditional Use ADU Application (CADU-2026-0004) June 18, 2026: Public Notice Letters Applicant: Daniel Smolik July 2, 2026 AGENDA ITEM Planning & Zoning Board 84 0 D y s o n D r i v e Ac c e s s o r y D w e l l i n g U n i t CA D U -20 2 6 -00 0 4 13 Background COMMUNITY DEVELOPMENTMay 7, 2026 AGENDA ITEM Planning & Zoning Board 84 0 D y s o n D r i v e Ac c e s s o r y D w e l l i n g U n i t CA D U -20 2 6 -00 0 4 •Located within: •Winter Springs Unit 3 •No active Homeowners Association •Low Density Residential (LDR) Future Land Use •Existing 5,756 SF of living area single-family residence: •Pool on property •Proposal is to construct a detached one-story 3,336 gross SF, of which is 738 SF of living area Accessory Dwelling Unit (ADU) to include the following: •1 bedroom, 1 bathroom •1 half-bathroom (not accessible from ADU) •Full kitchen •Lanai (adjacent to pool) •5 parking bays (including additional parking space for the ADU and another bay for a lawnmower •Extended driveway to the proposed structure •Proposed structure to match primary structure in height as well as colors and construction materials 14 Survey AGENDA ITEM 400 Planning & Zoning Board July 2, 2026 AGENDA ITEM Planning & Zoning Board 84 0 D y s o n D r i v e Ac c e s s o r y D w e l l i n g U n i t CA D U -20 2 6 -00 0 4 15 Site Plan AGENDA ITEM 400 Planning & Zoning Board July 2, 2026 AGENDA ITEM Planning & Zoning Board 84 0 D y s o n D r i v e Ac c e s s o r y D w e l l i n g U n i t CA D U -20 2 6 -00 0 4 16 Elevations/Renderings COMMUNITY DEVELOPMENTJuly 2, 2026 AGENDA ITEM Planning & Zoning Board 84 0 D y s o n D r i v e Ac c e s s o r y D w e l l i n g U n i t CA D U -20 2 6 -00 0 4 17 Floor Plan COMMUNITY DEVELOPMENTJuly 2, 2026 AGENDA ITEM Planning & Zoning Board 84 0 D y s o n D r i v e Ac c e s s o r y D w e l l i n g U n i t CA D U -20 2 6 -00 0 4 18 Staff Recommendation COMMUNITY DEVELOPMENT The proposed Accessory Dwelling Unit is ancillary to the principal dwelling, conforms to all applicable standards, and meets the minimum Code requirements. Therefore, Staff recommends that the Planning & Zoning Board recommend approval of the Conditional Use ADU, subject to the following condition: 1. Execution of the Declaration of Restrictions. AGENDA ITEM Planning & Zoning Board May 7, 2026 84 0 D y s o n D r i v e Ac c e s s o r y D w e l l i n g U n i t CA D U -20 2 6 -00 0 4 19 COMMUNITY DEVELOPMENTJuly 2, 2026 AGENDA ITEM Planning & Zoning Board ANY QUESTIONS?84 0 D y s o n D r i v e Ac c e s s o r y D w e l l i n g U n i t CA D U -20 2 6 -00 0 4 20 TITLE 840 Dyson Dr – Accessory Dwelling Unit (Conditional Use). SUMMARY The Community Development Department requests that the Planning & Zoning Board hold a Public Hearing to consider a Conditional Use application to construct a 738 square foot (SF) of living area detached one-story Accessory Dwelling Unit (ADU) which includes one bedroom, one bathroom, and a full kitchen. General Information Applicant Daniel Smolik Property Owner(s) Smolik Family Trust Location 840 Dyson Dr, Winter Springs, FL 32708 Tract Size ±2.48 Acres Parcel ID Number 13-21-30-5CX-0000-1990 Zoning Designation Planned Unit Development (Winter Springs Unit 3) FLUM Designation Rural Residential Adjacent Land Use North: Single Family East: Single Family South: Single Family West: Single Family Height 2 stories Setbacks Front: 40 ft. Min. ; 100 ft. Max. Rear: 20’ ft. Side: 20’ ft. Development Standards Lot Coverage: Not Applicable Development Permits RESD-2025-5023 Development Agreement Not applicable Code Enforcement Not applicable City Liens Not applicable PUBLIC HEARINGS AGENDA ITEM PLANNING & ZONING BOARD THURSDAY, JULY 2, 2026 REGULAR MEETING 21 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , J u l y 2 , 2 0 2 6 | P A G E 2 OF 9 Request: The Community Development Department received a Conditional Use application to construct a one-story 25 ft. in height detached Accessory Dwelling Unit (ADU). The applicant/owners are proposing to build a detached two-story structure, 3,336 gross SF, of which is 738 SF of living area including an ADU with one bedroom, one bathroom, and a full kitchen. The remaining sf of non-livable area includes a pool bathroom, lanai, and four-car garage with a separate bay for a lawnmower. Background Data: The subject property is a +/- 2.48 acre lot, located in the Winter Springs Unit 3 subdivision recorded in 1972, as recorded on the plat thereof in Seminole County Plat Book 17, Pages 89 and 90, with access to Dyson Drive. The property is developed with a two-story, single-family home with 5,756 sf of living area, constructed in 1979. The principal structure is primarily constructed with stone, wood, and a metal roof, having been renovated in 2010. A pool was constructed on the property in 2000. The applicant stated that the subject property is not within a mandatory homeowners’ association and there are no mandatory Homeowners’ Association (HOA) covenants on the property. The applicant is proposing to construct a ±738 SF of living area ADU with one bedroom, one bathroom, and a full kitchen. Also proposed is a four-bay garage with an extra bay for a lawnmower as well as a lanai and a half-bathroom for the adjacent pool. The garage parking bays include one (1) additional parking space that will be accessed by extending the existing driveway to accommodate the ADU. The extended driveway is proposed to be 14 ft. in width, consists of pavers, and will connect the concrete pad that will service the parking bays, including the space for the ADU. Public Notices: Notices were mailed to all owners of real property adjacent to and within approximately one hundred fifty (150) feet of the subject property on June 23, 2026. Accessory Dwelling Unit Requirement: 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 as outlined below: Accessory Dwelling Unit criteria set forth in Sec. 6-85 are as follows: 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 district: R-1AAA Single-Family Dwelling District R-CI Single-Family Dwelling District 22 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , J u l y 2 , 2 0 2 6 | P A G E 3 OF 9 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 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 23 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , J u l y 2 , 2 0 2 6 | P A G E 4 OF 9 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. l. 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 24 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , J u l y 2 , 2 0 2 6 | P A G E 5 OF 9 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, and there is water and sewer systems available at the property. The 738 SF of living area is approximately 12.82% of the primary structure living area, well below the 800 sf or 30% requirement. The ADU is proposed to be designed and constructed with wood, stone, and metal roofing, which is similar to the existing principal residence and will be painted to match the primary structure’s color scheme. Also, the proposal includes one (1) additional parking space that will be accessed by extending the existing driveway to the proposed garage bays, which includes (1) one space for the ADU. Conditional Use Requirement: The criteria for all conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable. Conditional uses criteria set forth in subsection 20-33(d) 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 off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. Analysis: Staff find that the proposed ADU meets requirements of being compatible and harmonious with adjacent uses in terms of its design, height, setbacks, materials, and buffers. As an ADU, the structure does not increase residential density. Additionally, the building has been designed to replicate the design of the principal dwelling’s materials and colors. The structure is within lot setbacks and has additional landscape buffering on either side of the property. Staff foresee no adverse impacts from the proposed ADU to land use activities in the immediate vicinity. 25 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , J u l y 2 , 2 0 2 6 | P A G E 6 OF 9 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 mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. Analysis: Staff find that the site has more than sufficient area to provide for the ADU, access, density, and internal circulation. The property has sufficient screening from either adjacent parcel that the ADU is not visible and does not create other adverse impacts. 3. Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property value. Analysis: Staff finds that the proposed ADU proposed ADU would have no adverse impact on property values. In fact, a home across the street has a mother-in-law suite at 815 Dyson Dr that was constructed in 2001 and is significantly larger size than the ADU proposed. If anything, the addition and ADU would enhance the property value as well-designed ADUs that are architecturally consistent with principal structures will either have no effect on property values or potentially increase 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. Analysis: Staff have found that the proposed use will have no adverse impact on the natural environment. The proposed structure will not generate any pollution and will be located on a previously developed and maintained portion of the property. The proposed structure is not at risk for flood hazards as it is not located within a flood zone. 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. Analysis: Staff have found that the proposed will not have an adverse impact on views and vistas due to the proposed color scheme and materials being harmonious with the existing single-family residential structure, the surrounding area, and cultural character of the community. Furthermore, Staff have not identified any significant historic or cultural resources on the site. 26 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , J u l y 2 , 2 0 2 6 | P A G E 7 OF 9 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. Analysis: Staff find that the proposed use will have no adverse impact on the related public services. With the addition, the property only utilizes 22% of its area for impervious surfaces, well below the 40% that is standard for most residential zones within the City of Winter Springs. 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 addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. Analysis: Not applicable as this is not a traffic projecting-related use. 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. Analysis: Staff finds that the proposed ADU will not create any adverse impacts on housing and social conditions. 9. Whether 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. Analysis: Staff finds that proposed ADU avoids significant adverse odor, emissions, noise, glare and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other site 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. Analysis: Not applicable as this is not a commercial development. 11. Whether the applicant has provided an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than twenty thousand (20,000) square feet) including the hours of operation for 27 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , J u l y 2 , 2 0 2 6 | P A G E 8 OF 9 delivery trucks to come into and exit the property and surrounding neighborhood, if applicable. Analysis: Not applicable as this is not a commercial development. 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. Analysis: Staff finds that subject to the Conditions of Approval, the proposed ADU has been designed to incorporate mitigative techniques and plans needed to prevent the adverse impacts mentioned in the criteria on 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 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. Analysis: Not applicable as an ADU is an accessory to the existing principal residence. 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. Analysis: Not appliable for Conditional Use ADU applications. Procedural History: June 16, 2026 Conditional Use ADU Application Submittal July 2, 2026 Planning & Zoning Board | Recommendation on Conditional Use ADU August 10, 2026 City Commission | Hearing on Conditional Use ADU 28 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , J u l y 2 , 2 0 2 6 | P A G E 9 OF 9 Applicable Law, Public Policy, and Events: Home Rule Powers City of Winter Springs Code of Ordinances Chapter 6, Sec. 6-85. - Accessory dwelling units. Chapter 9, Sec. 9-607. - Residential compatibility and harmony regulations. Chapter 20, Sec. 20-1. - Definitions. Chapter 20, Sec. 20-33. - Conditional uses. Chapter 20, Sec. 20-353. - Standards for planned unit developments. City of Winter Springs Comprehensive Plan Future Land Use Element, Policy 1.1.6 Housing Element, Policy 1.4.6 Housing Element, Policy 2.4.7 Fiscal Impact: The proposed construction of an Accessory Dwelling Unit on an existing residential property typically results in an increase to the taxable value of the property. STAFF RECOMMENDATION The proposed Accessory Dwelling Unit is ancillary to the principal dwelling, conforms to all applicable standards, and meets the minimum Code requirements. Therefore, Staff recommends that the Planning & Zoning Board recommend approval of the Conditional Use ADU, subject to the following condition: 1. Execution of the Declaration of Restrictions. Attachments: Exhibit 1 – Legal Description and Survey Exhibit 2 – Site Plan Exhibit 3 – Elevations Exhibit 4 – Floor Plan Exhibit 5 – ADU Color Renderings Exhibit 6 – Conditional Use ADU Application Exhibit 7 – Declaration of Restrictions 29 30 31 32 W/H A/H DC DC DC DC ARCHITECTS LIC. # AA26001266 DAN and GUS JWB 25-008 F X : 4 0 7 . 2 9 8 . 5 0 3 0 P H : 4 0 7 . 2 9 8 . 5 0 2 0 S U I T E 3 0 4 2 2 9 5 S. H I A W A S S E E R D O R L A N D O F L O R I D A 3 2 8 3 5 BROOKE SMOLIK 09/05/2025 02/02/2026 3:45:58 PM 33 W/H A/H D C D C DC DC ARCHITECTS LIC. # AA26001266 DAN and GUS JWB 25-008 F X : 4 0 7 . 2 9 8 . 5 0 3 0 P H : 4 0 7 . 2 9 8 . 5 0 2 0 S U I T E 3 0 4 2 2 9 5 S. H I A W A S S E E R D O R L A N D O F L O R I D A 3 2 8 3 5 BROOKE SMOLIK 09/05/2025 02/02/2026 3:45:58 PM 34 35 36 37 38 39 40 41 42 43 44 ARCHITECTS LIC. # AA26001266 DAN and GUS JWB 25-008 F X : 4 0 7 . 2 9 8 . 5 0 3 0 P H : 4 0 7 . 2 9 8 . 5 0 2 0 S U I T E 3 0 4 2 2 9 5 S. H I A W A S S E E R D O R L A N D O F L O R I D A 3 2 8 3 5 BROOKE SMOLIK 12/02/2025 02/02/2026 3:45:57 PM 45 ARCHITECTS LIC. # AA26001266 DAN and GUS JWB 25-008 F X : 4 0 7 . 2 9 8 . 5 0 3 0 P H : 4 0 7 . 2 9 8 . 5 0 2 0 S U I T E 3 0 4 2 2 9 5 S. H I A W A S S E E R D O R L A N D O F L O R I D A 3 2 8 3 5 BROOKE SMOLIK 12/02/2025 02/02/2026 3:45:57 PM 46 ARCHITECTS LIC. # AA26001266 DAN and GUS JWB 25-008 F X : 4 0 7 . 2 9 8 . 5 0 3 0 P H : 4 0 7 . 2 9 8 . 5 0 2 0 S U I T E 3 0 4 2 2 9 5 S. H I A W A S S E E R D O R L A N D O F L O R I D A 3 2 8 3 5 BROOKE SMOLIK 12/02/2025 02/02/2026 3:45:57 PM 47 ARCHITECTS LIC. # AA26001266 DAN and GUS JWB 25-008 F X : 4 0 7 . 2 9 8 . 5 0 3 0 P H : 4 0 7 . 2 9 8 . 5 0 2 0 S U I T E 3 0 4 2 2 9 5 S. H I A W A S S E E R D O R L A N D O F L O R I D A 3 2 8 3 5 BROOKE SMOLIK 12/02/2025 02/02/2026 3:45:57 PM 48 W/H A/H DC DC DC DC W -1 -2 DN ARCHITECTS LIC. # AA26001266 DAN and GUS JWB 25-008 F X : 4 0 7 . 2 9 8 . 5 0 3 0 P H : 4 0 7 . 2 9 8 . 5 0 2 0 S U I T E 3 0 4 2 2 9 5 S. H I A W A S S E E R D O R L A N D O F L O R I D A 3 2 8 3 5 BROOKE SMOLIK 12/02/2025 (2) 3050 SH MECHANICS AREA GARAGE KITCHEN PRIVATE BEDROOM BATH LIVING AREA LANAI FOYER WALK-IN CLOSET POOL BATH BAY 6 LAWNMOWER LAUNDRY W. D. HALL RELOCATED (2) EXISTING A/C UNITS BAY 5 BAY 4 BAY 3 BAY 1 & 2 DINING ROOM 3050 SH 2X4,2X6 LBW 10'-0" CEILING HEIGHT VAULT VAULT 6070 FX 3656 FX FX WINDOWS ABOVE (2 ) 3 6 5 0 S H 30 5 0 S H (2 ) 3 0 5 0 S H 30 3 6 S H 6016 FX EXISTING WOOD DECK EXISTING PRIMARY BEDROOM EXISTING DINING EXISTING MASTER CLOSET EXISTING BEDROOM 2 EXISTING BATHROOM EXISTING PRIVARY BATH EXISTING HALL EXISTING KITCHEN EXISTING POOL BATH EXISTING HALL EXISTING REAR FOYER EXISITNG SUN ROOM DOWN DOWN 10'-0" Ceiling Height 10'-0" Ceiling Height TE M P FX WINDOWS ABOVE (3 ) 2 8 1 6 F X A B O V E (3 ) 2 8 1 6 F X A B O V E (3 ) 2 8 1 6 F X A B O V E (3 ) 2 8 1 6 F X A B O V E LB W 2 X 6 LBW 2X6 LB W 2 X 6 VAULT VAULT DOWN DOWN 02/02/2026 3:45:57 PM 49 EXHIBIT H - Exterior Materials, Textures and Colors Visual Aspect Primary Residence Garage / ADU Structure Exterior Accent Stone Veneer facing front of property Stone Veneer facing front of property Structure Color Black Black Exterior Finish A combination of vertical board and batten siding and faux wood log horizontal siding. A combination of vertical board and batten siding and fiber cement horizontal siding. Roof Black metal roof with bronze trim Black metal roof with bronze trim Gutters Bronze Bronze 50 51 52 53 54 D 55 56 EXHIBIT A Applica on – ADU (Condi onal Use) Response to Application Questions How is the Condi onal Use (density, height, scale and intensity, hours of opera on, building and ligh ng design, setbacks, buffers, noise, refuse, odor, par culates, smoke, fumes and other emissions, parking and traffic genera ng characteris cs, number of persons an cipated using, residing or working under the condi onal use, and other offsite impacts) compa ble and harmonious with adjacent land uses? RESPONSE: The proposed ADU is fully compa ble and harmonious with adjacent land uses for the following reasons: • Density: The ADU does not increase the residen al density of the neighborhood in any meaningful way. It is a single ancillary dwelling unit on an exis ng single-family residen al lot, subordinate to the principal dwelling. No new lots are being created, and no subdivision of land is proposed. The use remains single-family residen al in character. • Height, Scale, and Intensity: The ADU is incorporated within a detached garage structure that has already been reviewed and approved by the City through the issuance of a building permit. The structure's height and scale are consistent with—and subordinate to—the principal residence and are compa ble with the scale of surrounding homes and accessory structures in the neighborhood. The intensity of use is minimal, as the ADU will accommodate one occupant at most. • Hours of Opera on: This is a residen al use, not a commercial one. There are no "hours of opera on." Occupancy pa,erns will mirror those of any other single-family residence in the neighborhood—typical daily living ac vi es during normal hours. • Building and Ligh ng Design: The detached garage/ADU structure has been designed to match the architectural style, materials, colors, and finishes of the principal residence, ensuring visual harmony with the exis ng home and surrounding proper es. Exterior ligh ng will be residen al in character, downward-directed, and shielded to prevent light trespass onto adjacent proper es. No commercial-grade or high-intensity ligh ng is proposed. • Setbacks and Buffers: The structure complies with all required setbacks for the applicable zoning district, as verified during the City's original building permit review and approval. The exis ng lot provides adequate separa on and buffering from adjacent proper es. In addi on, exis ng mature landscaping and/or fencing along the property boundaries provides addi onal screening and buffering. • Noise, Refuse, Odor, Par culates, Smoke, Fumes, and Other Emissions: The ADU is a residen al dwelling. It will generate no noise, odors, par culates, smoke, fumes, or emissions beyond what is customary and expected from any single-family residence. Refuse 57 EXHIBIT A will be managed through the exis ng residen al waste collec on service already serving the property. No addi onal refuse containers or pickup frequency will be required. • Parking and Traffic: The property provides ample off-street parking. The detached garage itself provides covered parking spaces, and the driveway accommodates addi onal vehicles. The ADU will generate minimal addi onal traffic—es mated at no more than two vehicle trips per day—which is negligible rela ve to exis ng traffic volumes on Dyson Drive. This level of traffic genera on is indis nguishable from normal residen al use. • Number of Persons: The ADU will be occupied by one person. This is consistent with and does not exceed the density or intensity of the surrounding single-family residen al neighborhood. • Offsite Impacts: There are no an cipated offsite impacts. The ADU is en rely contained within the property, served by exis ng u li es, and generates no externali es that would be percep ble to or impac6ul upon neighboring proper es. The City has already reviewed and approved the construc on plans and issued a building permit, confirming compliance with all applicable building codes, zoning standards, and development regula ons. Will the Condi onal Use adversely impact land use ac vi es in the immediate vicinity? If no, why not? RESPONSE: No. The proposed ADU will not adversely impact land use ac vi es in the immediate vicinity. The ADU is an ancillary residen al use that is clearly subordinate to the principal single-family dwelling, consistent with the defini on set forth in Sec. 6-85 of the Winter Springs Code of Ordinances. The surrounding proper es are zoned PUD and used for single-family residen al purposes, and the ADU does not alter the fundamental residen al character of the property or the neighborhood. The ADU will not introduce any new or incompa ble land use to the area—it simply provides a small, secondary living space on a property that will con nue to func on as a single-family homestead. Demonstrate the size and shape of the site, the proposed access and internal circula on, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the condi onal use requested. RESPONSE: The subject property is located at 840 Dyson Drive within the Winter Springs Unit 3 Subdivision. The lot is approximately 2.48 acres and is of sufficient size and regular shape to accommodate the principal residence, the detached garage/ADU structure, and all required setbacks, open space, and site improvements. 58 EXHIBIT A Access and Circula on: The property is accessed from Dyson Drive via an exis ng driveway that provides safe and convenient ingress and egress for both the principal residence and the ADU. The driveway and on-site circula on are adequate to accommodate residen al vehicle traffic without conflict or conges on. The ADU has a separate entrance/egress independent from the principal dwelling, as required by Sec. 6-85, while sharing the same vehicular access point from the public right-of-way—thereby avoiding any addi onal access points. Design Enhancements and Site Adequacy: The ADU is approximately 738 square feet, which is clearly subordinate to the principal residence of approximately 5,756 square feet. The site provides adequate off-street parking. The detached garage includes five covered parking spaces, and the driveway accommodates six addi onal vehicles, well exceeding minimum parking requirements. The property includes exis ng, mature landscaping, fencing around the perimeter of the property and open space that provides buffering from adjacent proper es. Pedestrian access to the ADU is provided via concrete sidewalk, ensuring safe pedestrian mobility on-site. Stormwater management is addressed through the exis ng site drainage. The site plan, floor plan, and building eleva ons submi,ed with this applica on illustrate these elements in detail. Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values? If no, why not? RESPONSE: No. The proposed ADU will have a posi ve—not adverse—impact on the local economy. Property Values: Well-designed ADUs that are architecturally consistent with the principal dwelling and surrounding neighborhood have been shown to maintain or increase property values. The ADU enhances the u lity and func onality of the subject property without nega vely affec ng neighboring property values. The structure has been designed to complement the principal residence in style, materials, and finishes, ensuring it is an asset to the neighborhood's aesthe c character. 59 EXHIBIT A Governmental Fiscal Impact: The ADU will contribute posi vely to the City's tax base. The improved value of the property resul ng from the construc on of the garage and ADU will generate addi onal ad valorem tax revenue for the City, Seminole County, and the school district. Addi onally, the ADU will u lize exis ng City infrastructure (water, roads, public safety) with only a marginal increase in demand, resul ng in a net fiscal benefit. Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollu on, vegeta on and wildlife, open space, noxious and desirable vegeta on, and flood hazards? If no, why not? RESPONSE: No. The proposed ADU will not have an adverse impact on the natural environment. Air, Water, and Noise Pollu on: The ADU is a residen al dwelling that will not generate air pollu on, water pollu on, or noise beyond what is customary for any single-family residence. There are no industrial processes, commercial opera ons, or ac vi es associated with this use that would produce pollutants or excessive noise. Vegeta on and Wildlife: The detached garage/ADU is sited within the previously maintained por on of the property. Any tree removal was conducted in compliance with the City's tree protec on ordinance. Furthermore, the property does not contain any known protected habitats or endangered species. Open Space: The property retains adequate open space and pervious area aDer construc on of the garage/ADU, consistent with the lot coverage requirements of the applicable zoning district. Flood Hazards: The subject property is mapped in FEMA flood zone X, which is classified as low risk for flooding. Stormwater management is addressed through the exis ng site drainage. Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and loss or degrada on of cultural and historic resources? If no, why not? RESPONSE: No. The proposed ADU will not have an adverse impact on historic, scenic, or cultural resources. The subject property is not located within a designated historic district, nor does it contain any structures listed on the Na onal Register of Historic Places, the Florida Master Site File, or any local historic preserva on register. There are no known archaeological or cultural resources on 60 EXHIBIT A the site. The detached garage/ADU structure has been designed to be architecturally compa ble with the principal residence and the character of the surrounding neighborhood. The ADU is subordinate in height and scale to the principal dwelling, and its placement on the lot does not obstruct any significant views, scenic vistas, or sightlines from neighboring proper es or public rights-of-way. The proposed use preserves the exis ng residen al character of the property and the neighborhood, and no cultural or scenic resources will be degraded or lost as a result of the ADU. Will the proposed use have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recrea on, streets, public transporta on, marina and waterways, and bicycle and pedestrian facili es? If no, why not? RESPONSE: No. The proposed ADU will not have an adverse impact on public services. Water and Sewer: The property is only connected to the City of Winter Springs' municipal water system, which has adequate capacity to serve the modest incremental demand generated by a single ADU. Stormwater and Surface Water Management: The addition of the detached garage/ADU results in a total impervious surface coverage of only approximately 22% of the property's 2.48-acre lot area, leaving approximately 78% of the site as pervious surface capable of naturally absorbing and filtering stormwater. This is well within—and significantly below—typical impervious surface thresholds for residential development, demonstrating that the site retains substantial capacity for natural stormwater infiltration, groundwater recharge, and on-site drainage. The minimal increase in impervious area attributable to the garage/ADU does not generate stormwater runoff volumes or rates that would adversely affect adjacent properties, surface waters, or the City's stormwater infrastructure. Police and Fire: The ADU generates negligible addi onal demand on police and fire services. The structure is being built to current Florida Building Code standards, including all applicable fire safety requirements (smoke detec on, fire separa on, egress). The property is already within the service area of the City's police department and Seminole County Fire Department, and the addi on of one small dwelling unit does not materially impact response mes or service levels. Parks and Recrea on: A single ADU accommoda ng one occupant generates a de minimis impact on parks and recrea on facili es. 61 EXHIBIT A Streets, Transporta on, and Bicycle/Pedestrian Facili es: The ADU will generate minimal addi onal vehicle trips (es mated two per day), which will have no measurable impact on the capacity or level of service of the local street network. No modifica ons to public streets, sidewalks, or bicycle/pedestrian facili es are required or proposed. Marina and Waterways: Not applicable. The property is not located adjacent to or within the service area of any marina or waterway facility. Will the proposed use have an adverse impact on housing and social condi ons, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? RESPONSE: No. The proposed ADU will not have an adverse impact on housing and social condi ons, including housing variety, pricing, or neighborhood quality. The applicant does not intend to use the ADU as a rental property. The ADU is being constructed solely for the personal use of the applicant's family. Its intended purpose is to provide a private living space for the applicant's mother-in-law—a close family member who will benefit from living in proximity to the applicant's household on the same homestead property. The ADU will serve as a mul genera onal family living arrangement, allowing the applicant to provide care, support, and companionship to an aging family member while maintaining appropriate privacy and independence for all members of the household. Because the ADU is intended exclusively for family use and will not be offered for rent or made available to non-family occupants, it will have no impact on the variety, pricing, or availability of housing in the surrounding area. It does not add a market-rate or below-market-rate rental unit to the neighborhood, nor does it alter the supply-and-demand dynamics of local housing. The ques ons of housing variety and affordability are simply not applicable to this use—the ADU will not par cipate in the housing market in any capacity. The property will con nue to func on as a single-family homestead, consistent with the character of the Winter Springs Unit 3 community. Neighborhood Quality: The ADU has been designed to complement the principal residence and the surrounding neighborhood in architectural style, scale, and finishes. Family occupancy— specifically, the applicant's mother-in-law—provides an inherent layer of accountability and stability. The applicant, as the property owner and adjacent resident, has a direct personal interest in maintaining the quality, appearance, and upkeep of both the principal residence and the ADU. A mul genera onal family arrangement is the most neighborhood-compa ble form of ADU occupancy, as it ensures the occupant has a personal stake in the property and the community, and it eliminates concerns commonly associated with tenant turnover, absentee management, or short-term rental ac vity. 62 EXHIBIT A This type of family-oriented ADU use is consistent with the growing trend of mul genera onal living in Florida, where families increasingly seek to keep aging parents close to home for mutual support, companionship, and care—rather than relying on ins tu onal or assisted living alterna ves. The ADU enables the applicant's mother-in-law to age in place within a familiar family seIng, which is broadly supported as a social good by Florida's housing and elder care policies. Will the proposed use avoid significant adverse odor, emission, noise, glare, and vibra on impacts on adjacent and surrounding lands regarding refuse collec on, service delivery, parking and loading, signs, ligh ng, and other site elements? If no, why not? RESPONSE: Yes. The proposed ADU will avoid all significant adverse odor, emission, noise, glare, and vibra on impacts on adjacent and surrounding proper es. Odor and Emissions: The ADU is a residen al dwelling. It produces no odors or emissions beyond what is customary for a single-family home (i.e., normal cooking, hea ng/cooling). There are no industrial, commercial, or manufacturing ac vi es associated with this use. Noise: The ADU will generate only typical residen al noise levels (conversa on, music at reasonable volumes, household appliances), which are fully consistent with the noise levels of the surrounding single-family neighborhood. No amplified sound, machinery, or noise- genera ng equipment is associated with the use. Glare and Ligh ng: Exterior ligh ng on the garage/ADU structure is residen al in character, downward-directed, and shielded to prevent glare and light trespass onto adjacent proper es. No signage or commercial ligh ng is proposed. Vibra on: There are no sources of vibra on associated with the residen al use of the ADU. Refuse Collec on: The ADU will be served by the exis ng residen al waste collec on service. The modest amount of addi onal refuse generated by one occupant can be accommodated within the property's exis ng refuse containers and collec on schedule. No addi onal refuse collec on equipment, dumpsters, or staging areas are required. Service Delivery: Service delivery to the ADU will be limited to typical residen al deliveries (mail, packages) and will not generate any truck traffic or loading/unloading ac vi es beyond normal residen al pa,erns. 63 EXHIBIT A Parking and Loading: Adequate off-street parking is provided on-site. No on-street parking impacts will occur. There are no loading or unloading requirements associated with a residen al ADU. Signs: No signs are proposed. The ADU is a residen al use, not a commercial establishment. Demonstrate that the condi onal use and associated site plan have been designed to incorporate mi ga ve techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and proper es. RESPONSE: The condi onal use and associated site plan incorporate the following mi ga ve techniques and design features to prevent any adverse impacts on adjacent and surrounding proper es: 1. Architectural Compa bility: The detached garage/ADU has been designed to match the principal residence in architectural style, exterior materials, colors, and finishes. This ensures visual harmony with both the primary home and the surrounding neighborhood, preven ng any adverse aesthe c impact. 2. Subordinate Scale: The ADU is clearly subordinate to the principal dwelling in both size and height, as required by Sec. 6-85. This ensures the structure does not dominate the lot or overpower adjacent proper es. 3. Setback Compliance: The structure meets or exceeds all required setbacks for the applicable zoning district, providing adequate separa on from neighboring proper es and structures. 4. Screening and Buffering: The property contains mature landscaping and fencing along its perimeter. These features mi gate visual impacts and provide privacy for both the ADU occupant(s) and adjacent property owners. 5. Ligh ng Design: All exterior ligh ng is residen al-grade, downward-directed, and fully shielded to prevent light trespass and glare onto neighboring proper es. 6. Parking Adequacy: The site provides ample off-street parking within the garage and driveway, preven ng any spillover parking onto public streets or neighboring proper es. 7. Separate Ingress/Egress: The ADU has an independent entrance separate from the principal dwelling, as required by Sec. 6-85, which minimizes ac vity conflicts between the principal residence and the ADU. 64 EXHIBIT A 8. Code Compliance: The structure is being built to current Florida Building Code standards, including all fire safety, structural, mechanical, electrical, and plumbing requirements, ensuring the health and safety of occupants and neighbors. These mi ga ve measures, individually and collec vely, ensure that the proposed ADU will have no adverse impact on adjacent and surrounding uses and proper es. If the proposed condi onal use is a residen al use, whether the elementary, middle and high schools (K-12) that will be ini ally assigned to the residen al project by the School District at the me the city commission considers final approval of the condi onal use have both sufficient capacity, are in close proximity to the project so as to make each of the assigned schools accessible and convenient to the majority of the school popula on that will be drawn from the project, and promote and support the integra on of future residents of the project into the exis ng city of Winter Springs community in a sustainable manner. RESPONSE: The proposed ADU will generate no impact on Seminole County Public Schools (K-12) capacity, proximity, accessibility, or integra on. The ADU is intended to be occupied by the applicant's mother-in-law—an adult family member with no school-age children. There are no school-age children associated with this use, and none are an cipated. Accordingly, the ADU will not draw any students into the elementary, middle, or high schools assigned to this area, and ques ons of school capacity, proximity, accessibility, and convenience are not applicable to this applica on. The ADU is not a subdivision, mul -family development, or housing project that would generate a school-age popula on. It is a single, small ancillary dwelling unit intended for one adult family member as part of a mul genera onal family living arrangement on an exis ng single-family homestead. The impact on K-12 school facili es is zero. List all witnesses that the applicant intends to present to the City Commission to provide tes mony. RESPONSE: 1. Dan Smolik, Property Owner/Applicant 65 Declaration of Restrictions Accessory Dwelling Unit – 840 Dyson Drive Page 1 of 6 Prepared by and return to: Kristin Eick, Asst. City Attorney City of Winter Springs 1126 E. SR 434 Winter Springs, FL 32708 DECLARATION OF RESTRICTIONS (Accessory Dwelling Unit) THIS DECLARATION OF RESTRICTIONS (“Declaration”) is made this _______ day of _______________________, 2026, by the SMOLIK FAMILY TRUST, whose address is 840 Dyson Drive, Winter Springs, Florida 32708 (“Owner”). WITNESSETH WHEREAS, Owner, the Smolik Family Trust, is the present Owner of certain real property located in the City of Winter Springs, Florida, as more particularly legally described herein in Paragraph 2 (the “Property”); and WHEREAS, Owner came into possession of the Property via Warranty Deed executed May 28, 2025, wherein the Property was transferred to Daniel R. Smolik and Monica B. Smolik, as Trustees of the Smolik Family Trust; WHEREAS, Owner and/or persons acting on behalf of Owner have proposed to construct an accessory dwelling unit (the “ADU”) on the Property; and WHEREAS, Section 6-85, Accessory Dwelling Units, of the City of Winter Springs Code of Ordinances conditions the issuance of building permits for the construction of ADUs as provided herein. NOW, THEREFORE, Owner hereby declares that the Property described herein is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants and restrictions set forth herein as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference. 2. The Property. The real property subject to the terms of this Declaration is legally described as follows: Lot 199, Winter Springs Unit 3, according to the plat thereof as recorded in Plat Book 17, Page 89-90 of the Public Records of Seminole County, Florida. 66 Declaration of Restrictions Accessory Dwelling Unit – 840 Dyson Drive Page 2 of 6 The Property is further identified as Seminole County Tax Parcel Number 13-21-30-5CX- 0000-1990. 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. If the ADU is leased for residential purposes, the term of such lease shall be for a minimum of six (6) months. 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 the 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 the Owner, fails to adequately maintain the restrictive covenants as 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 the 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 this Declaration at any time as may be required to preserve the restrictive covenants contained herein. 67 Declaration of Restrictions Accessory Dwelling Unit – 840 Dyson Drive Page 3 of 6 9. Joinder. Prior to or Contemporaneously with the recording of this Declaration, Owner shall cause to be executed and recorded in the same manner as provided in Section 8, herein, the Joinder attached hereto as Exhibit “A.” DONE AND EXECUTED on the date first written above. [Signatures to follow] 68 Declaration of Restrictions Accessory Dwelling Unit – 840 Dyson Drive Page 4 of 6 OWNER: ____________________________________ Daniel R. Smolik as Trustee of the Smolik Family Trust STATE OF FLORIDA COUNTY OF ______________ The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this ______ day of _____________, 20____, by Daniel R. Smolik, as Trustee of the Smolik Family Trust, [ ] who is/are personally known to me, or [ ] who have produced _____________________________as identification. Seal: ____________________________________ Notary Public Print Name: My Commission expires:_____________ OWNER: ____________________________________ Monica B. Smolik as Trustee of the Smolik Family Trust STATE OF FLORIDA COUNTY OF ______________ The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this ______ day of _____________, 20____, by Monica B. Smolik, as Trustee of the Smolik Family Trust, [ ] who is/are personally known to me, or [ ] who have produced _____________________________as identification. Seal: ____________________________________ Notary Public Print Name: My Commission expires:_____________ 69 Declaration of Restrictions Accessory Dwelling Unit – 840 Dyson Drive Page 5 of 6 Prepared by and return to: Kristin Eick, Asst. City Attorney City of Winter Springs 1126 E. SR 434 Winter Springs, Fl 32708 EXHIBIT A JOINDER AND CONSENT TO DECLARATION OF RESTRICTIONS FOR ACCESSORY DWELLING UNIT United Wholesale Mortgage, a Limited Liability Company which is organized and existing under the laws of Michigan (hereinafter, the “Mortgagee”), is the owner and holder of that certain Mortgage which is recorded in at Official Records Book 10832 Page 1632 of the Public Records of Seminole County, Florida. United Wholesale Mortgage, LLC, hereby joins and consents to the Declaration of Restrictions recorded at Official Records Book _______ Page _______, recorded in the Public Records of Seminole County, Florida, and agrees that its mortgage, lien, or other encumbrances shall be subordinated to said dedication. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: UNITED WHOLESALE MORTGAGE, LLC _______________ __________________________ WITNESS Print Name:_________________ Print: _____________________ Address: ________________ _______________ WITNESS Print Name: ________________ Address: ________________ STATE OF ______________ COUNTY OF ____________ 70 Declaration of Restrictions Accessory Dwelling Unit – 840 Dyson Drive Page 6 of 6 The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this ______ day of _____________, 20____, by _________________________, the ___________________ of UNITED WHOLESALE MORTGAGE, LLC, [ ] who is/are personally known to me, or [ ] who have produced as identification. Seal: ____________________________________ Notary Public Print Name: My Commission expires:_____________ 71