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Home My WebLink About2011 04 25 Public Hearings 500 Roy ADU Complete CITY COMMISSION AGENDA Consent Consent ITEM 500 Informational Public Hearing X Regular April 25, 2011 MGR. /DEPT.______ Meeting REQUEST: The Community Development Department recommends the City Commission hear a request for a Conditional Use within the City of Winter Springs RC-I zoning District (Residential Rural FLU designation), to allow construction of an approximately 585 square foot attached accessory dwelling unit (ADU) above a private garage, attached to the principal structure, on approximately 27 acres. ________________________________________________________________________ SYNOPSIS: The purpose of this agenda item is to consider the appropriateness of the proposed accessory dwelling unit above an attached 3 car private garage, pursuant to the criteria set forth in Section 6-85 and Section 20-33 of the City Code of Ordinances. Section 6-85 allows a maximum of one accessory dwelling unit (a maximum size of 800 SF or 30 percent of the air conditioned area of the principal structure, whichever is less), subject to a conditional use in the RC-I zoning district . CONSIDERATIONS: FUTURE LAND USE & ZONING DESIGNATION: FLU Rural Residential Zoning RC-I APPLICABLE LAW AND PUBLIC POLICY: Cht. 6, Sec. 6 – 85. Accessory dwelling units. Cht. 9, Sec. 9-277 (2) Off-street parking requirements. Cht. 9, Sec. 9-607. Residential compatibility and harmony regulations. Cht. 20, Sec. 20-1. Definitions. Cht. 20, Sec. 20-33. Conditional Uses. Cht. 20, Div. 3: RC-I Single-Family Dwelling District. (Sec. 20 – 141 thru 20 – 148). April 25, 2011 Public Hearing 500 Page 2 of 5 DISCUSSION: The applicant, Richard Roy, is currently building a home with approximately 4,200 SF of air conditioned space (exclusive of the garage or proposed ADU) on a relatively isolated and irregularly-shaped 27 acre parcel, accessible from Shore Road by an easement. The City conveyed a strip of land to the Roys for legal access. Staff is not aware of that property being cleared or stabilized for access. The Roys have been using an alternate access route through private property, for which they state they have permission or authorization. Staff has been contacted by the Seville Chase property owners regarding this alternative access (this has been conveyed to the Roys). The portion of the site where the principal and accessory dwelling units are proposed is largely surrounded by the City’s spray field properties. The proposed attached ADU is approximately 585 SF and will be located 65 feet from the side property boundary and 55 feet from the rear property boundary (City-owned spray-field). The private garage is proposed with a total height less than or equal to that of the 4,200 SF primary structure (both are less than the 35 foot maximum height in the RC-I zoning district, as building height is defined in Sec. 20-1 of the Code). The applicant must provide evidence that the proposed structure meets the criteria set forth in Subsection 6-85 of the City Code as well as the conditional use criteria in Section 20-33. The attached application package includes the applicant’s responses to the Section 20-33 criteria, floor-plan and renderings of the proposed structure, and the plot plan of the pertinent portion of the subject parcel (with the proposed structure). FINDINGS: 1. The request is consistent with the applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The site has a Residential Rural FLU designation and RC-I zoning. 3. The proposed ADU meets the zoning, building setbacks, building height and number of stories, lot coverage, parking, potable water, sanitary sewer, minimum lot size, unit size, and building design criteria for a conditional use, set forth in Section 6-85 of the Code. 4. The applicant has stated that he will reside in either the principal structure or the proposed ADU. S:\dept - Community Development\Planning\2011\Commission\2011 04 25 COMM PH 500 Roy ADU CU.doc April 25, 2011 Public Hearing 500 Page 3 of 5 5. The request is consistent with the conditional use criteria of Section 2-33 of the City Code, and with all applicable requirements, below: a.Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic-generating characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not Staff believes adversely impact land use activities in the immediate vicinity. that the proposed 585 SF ADU above the attached 3-car garage, has minimal off-site impacts, is harmonious with and will not adversely affect surrounding land use activities. b.Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against Staff believes that the potential adverse impacts of the proposed use. relatively isolated 27 acre parcel meets this criterion. c.Whether the proposed use will have an adverse impact on the local economy, . It including governmental fiscal impact, employment, and property values appears that the proposal would affect all of these in a positive manner. d.Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, Staff open space, noxious and desirable vegetation, and flood hazards. believes that the proposed use will not have an adverse impact on the natural environment. e.Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of Staff does not believe that the proposed use cultural and historic resources. will have or create any of these adverse impacts. f.Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle Staff does not believe that the proposed use will and pedestrian facilities. have or create any of these adverse impacts. The applicant needs to demonstrate adequate legal and stabilized access to the site exists for the accessory dwelling unit. S:\dept - Community Development\Planning\2011\Commission\2011 04 25 COMM PH 500 Roy ADU CU.doc April 25, 2011 Public Hearing 500 Page 4 of 5 g.Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and Staff does not believe that the proposed use will neighborhood quality.” have or create any of these adverse impacts. 6. At its regularly scheduled meeting of April 6, 2011, the Planning and Zoning Board voted unanimously (5-0) to recommend approval of the conditional use for the 585 square foot accessory dwelling unit above the attached garage, subject to the applicant demonstrating adequate stabilized legal access to the site. FISCAL IMPACT: Improvements that are installed on existing residential properties typically result in an increase to the taxable value of the property. In this case, the value lies primarily in the property owner upgrading his investment. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, And All eAlert/eCitizen Recipients; And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. A substantial and conspicuous sign has been erected at the site to notice the public hearing and property owners within 150 feet of the site have been notified by mail in addition to the postings by the City Clerk’s office. RECOMMENDATION: The Planning & Zoning Board and staff recommend approval for the conditional use request for the 585 SF attached Accessory Dwelling Unit S:\dept - Community Development\Planning\2011\Commission\2011 04 25 COMM PH 500 Roy ADU CU.doc April 25, 2011 Public Hearing 500 Page 5 of 5 above an attached 3-car private garage at 415 Shore Road, subject to demonstrating adequate legal and stabilized access to the site for the accessory dwelling unit. ATTACHMENTS: A.Location Map B.Application package C.Section 6-85 D.Draft April 6, 2011 P&Z Minutes S:\dept - Community Development\Planning\2011\Commission\2011 04 25 COMM PH 500 Roy ADU CU.doc