HomeMy WebLinkAbout2015 12 02 Public Hearing 500 Hayes Road Accessory Dwelling UnitLOCAL PLANNING AGENCY/PLANNING
AND ZONING BOARD AGENDA
ITEM 500
December 2, 2015
Meeting
Consent
Information
Public Hearing X
Regular
REQUEST:
The Community Development Department — Planning Division requests that the Local
Planning Agency/Planning & Zoning Board hold a Public Hearing to consider a
Conditional Use for an accessory dwelling unit located at 320 Hayes Road.
PURPOSE:
The City of Winter Springs Community Development Department- Planning Division has
received a conditional use application for an accessory dwelling unit located at 320 Hayes
Road. The applicant intends to convert the existing cottage (652 SF) to an accessory
dwelling unit and build a new residence on the property, pursuant to Section 6 -85 and
Section 20 -33 of the City Code of Ordinances.
Section 6 -85 allows a maximum of one accessory dwelling unit (a maximum size of
800 square feet or 30 percent of the air conditioned area of the principle structure,
whichever is less), subject to a Conditional Use in the R -1AA zoning district.
APPLICABLE LAW AND PUBLIC POLICY
City of Winter Springs Code of Ordinances:
Ch 6, Sec. 6 -85. Accessory dwelling units.
Ch 9, Sec. 9 -277 (2). Off - street parking requirements.
Ch 9, Sec. 9 -607. Residential compatibility and harmony regulations.
Ch 20, Sec. 20 -1. Definitions.
Ch 20, Sec. 20 -33. Conditional Uses.
Ch 20, Div. 3: R -lAA Single - family Dwelling District.
City of Winter Springs Comprehensive Plan
Future Land Use Element, Policy 1. 1.6
Housing Element, Policy 1.4.6 and Policy 2.4.7
December 2, 2015
Public Hearing Agenda Item 500
Page 12
CONSIDERATIONS:
PARCEL
Property Owner: Mr. John Mustakas
Property Addresses:
Parcel ID number:
Property Acreage:
Current Future Land Use:
Existing Zoning:
DISCUSSION:
320 Hayes Road
Winter Springs, FL
02- 21- 30- 504 -0000 -0030
Approximately 1.937 acres
Rural Residential
R -1 AA
The applicant, Mr. John Mustakas, is currently building a new home with approximately
4,000 square feet on a relatively isolated 1.937 acre parcel accessed by Hayes Road. The
applicant would like to convert the existing small cottage to an accessory dwelling unit
when the home is completed. The existing small cottage has approximately 652 square
feet of air - conditioned space and meets the required setbacks for the R -lAA zoning
district.
The applicant has met with Staff and agreed if the conditional use is not granted, he will
utilize the space for storage or demolish the building. A building permit for the new home
has been issued, but the Certificate of Occupancy is conditioned upon receiving approval
of the conditional use for the accessory dwelling or repurposing the use of the existing
cottage.
CONSISTENCY WITH THE COMPREHENSIVE PLAN:
Future Land Use Element
Policy 1.1.6 - Accessory Dwelling Units. Allow on a case by case basis, as a conditional
use in single family dwelling zoning districts, Accessory Dwelling Units which adhere to
strict design guidelines. (Cross Reference: See Housing Element, Policy 1.4.6 and 2.4.7)
Housin- Element
Policy 1.4.6: Establish strict design compatibility guidelines to allow accessory dwelling
units as a conditional use in single family zoning districts.
Policy 2.4.7. Establish design compatibility guidelines to allow accessory dwelling units
as a conditional use in residential districts to support development or redevelopment that
integrates diverse choices of housing.
December 2, 2015
Public Hearing Agenda Item 500
Page 13
FINDINGS:
1. The request is consistent with the applicable goals, objectives and policies of the
City's Comprehensive Plan
2. The site has a Residential Rural Future Land Use designation and R -lAA zoning
designation.
3. The proposed ADU meets the zoning, build setbacks, build height and number of
stories, lot coverage, parking, potable water, sanitary sewage, minimum lot size,
unit size and building design criteria for a conditional use, set forth in Section 6-
85 of the City Code.
4. The applicant has stated that he will reside in either the principle structure or the
ADU.
5. The request is consistent with the conditional use criteria of Section 20 -33 of the
City Code and with all applicable requirements, below:
a. Whether the applicant has demonstrated the conditional use, including its
proposed scale and intensity, traffic - generating characteristics, and offsite
impacts, is compatible and harmonious with adjacent land uses, and will
not adversely impact land use activities in the immediate vicinity. Staff
believes the existing cottage, which would be used as an ADU, will
have minimum offsite impacts, is harmonious and will not adversely
affect the adjacent land uses.
b. Whether the applicant has demonstrated the size and shape of the site, the
proposed access and internal circulation, and the design enhancements to
be adequate to accommodate the proposed scale and intensity of the
conditional use requested. The site shall be of sufficient size to
accommodate design amenities such as screening, buffers, landscaping,
open space, off - street parking, and other similar site plan improvements
needed to mitigate against potential adverse impacts of the proposed use.
Staff believes that the 1.937 acre lot is sufficient in size and provides
adequate screening, buffering, landscaping, and open space. The
proposed site plan shows sufficient parking and improvements to
mitigate against potential adverse impacts.
c. Whether the proposed use will have an adverse impact on the local
economy, including governmental fiscal impact, employment, and
property values. Staff believes that the proposed would affect all of
these in a positive manner.
d. Whether the proposed use will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and
wildlife, open space, noxious and desirable vegetation, and flood hazards.
Staff believes that the proposed use will not have an adverse impact
on the natural environment.
e. Whether the proposed use will have an adverse impact on historic, scenic,
and cultural resources, including views and vistas, and loss or degradation
of cultural and historic resources. Staff does not believe that the
proposed use will have an adverse impacts on any of the above listed
items.
December 2, 2015
Public Hearing Agenda Item 500
Page 14
f Whether the proposed use will have an adverse impact on public services,
including water, sewer, surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and
bicycle and pedestrian facilities. Staff does not believe that the proposed
use will have or create any adverse impacts on any of these resources.
g. Whether the proposed use will have an adverse impact on housing and
social conditions, including variety of housing unit types and prices, and
neighborhood quality. Staff does not believe that the proposed use will
have or create any adverse impacts.
FISCAL IMPACT:
Improvements that are installed on an existing residential property typically result in an
increase to the taxable value of the property.
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and
Zoning Board members and are available on the City's Website, LaserFiche, and the
City's Server. The Agenda has been forwarded to the Mayor and City Commission; City
Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to
media /press representatives, all Homeowner's Associations on file with the City, all
individuals who have requested Agenda information, Department Directors; and also
posted outside City Hall; posted inside City Hall with additional copies available for the
general public. Adjacent property owners have been notified by US mail.
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board forward a
recommendation of approval for the conditional use request for the 652 SF accessory
dwelling unit located at 320 Hayes Road.
ATTACHMENTS:
A. Location Map
B. Application Package
C. City Code of Ordinances Section 6 -85
o15- E)c 3z
ATTACHMENT "B"
Application Package
CITY OF WINTER. SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407- 327 -6966
FAX:407 -327 -6696
BOARD OF ADJUSTMENT APPLICATION
CONDITIONAL USE 1 SPECIAL EXCEPTION
• VARIANCE
• WAIVER
APPLICANT: f I! a s l *e o s -- o 4 A
��jj �r77 Last i First Middle
MAILING ADDRESS: 'Jrfr/
Zip Code
PHONE &EMAIL _ 4v? ' .4 3 State ! " -)MV I 7-A-e-+s (.4 -r-7-
If Applicant does NOT own the property:
PROPERTY OWNER:
Last First Middle
MAILING ADDRESS:
City State Zip Code
PHONE & EMAIL
This request is for the real property described below:
PROPERTY ADDRESS: %�2-0 L &,4,0 A11YI 7Z c�22/n66j PL 151.2-70P
TAX PARCEL NUMBER: 62' 9 - 30 - aC 40 <— 4 O 3
SIZE OF PARCEL: _..._ f 7f2 "
Square Feet Acres
EXISTING LAND USE: _ 511y & c'
Current FUTURE LAND USE Classification:
Current ZONING Classification:
Please state YOUR REQUEST: A.) �7AAtJ f� �2
4DU
6!g-e%f N2w u-p!YI.E' if C,4rlet ,— .,....,_
Ap& 09
The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right -of -way. All APPLICANTS shall be afforded minimal
due process as required by law, including the right to receive notice, be heard, present evidence, cross -
examine witnesses, and be represented by a duly authorized representative_
The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or hearings, they will need a record of the proceedings and, for such
purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which
includes the testimony and evidence upon which the appeal is to be based, per 286.0105, ]Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall
expire two (2) years after the effective date of such approval by the City Commission, unless a building
permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within
said time period. Upon written request of the property owner, the City Commission may extend the
expiration date, without public hearing, an additional six (6) months, provided the property owner
demonstrates good cause for the extension In addition, if the aforementioned building permit is timely
issued, and the building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and null and void. (Code of Ordinances, Section 20 -36.)
APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
CONDITIONAL USE / SPECIAL EXCEPTION $ 500
WAIVER $ 500
VARIANCE $ 500
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
❑ A copy of the most recent SURVEY of the subject property.
❑ A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
❑ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
Q JUSTIFICATION for the Request (See Attached List)
❑ NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
❑ Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
2 Apil 09
CONDITIONAL USE PERMIT REQUEST
Taken from Winter Springs Code of Ordinances, Section 20- 33(d):
All Conditional Use recommendations and final decisions shall be based on the
following criteria to the extent applicable. Attach additional paper as necessary:
11 What is the Conditional Use you are requesting . 7 �Y -iiUi
❑ How is the Conditional Use (including its proposed scale and intensity, traffic-
generating characteristics, and offsite impacts) compatible and harmonious with
adjacent (and uses? . ±VIC � 02 ua
❑ Will the Conditional Use adversely impact land use activities in the immediate
vicinity? If no, why not? IVO L;nr - A16
❑ Demonstrate how the size and shape of the site, the proposed access and
internal circulation, and the design enhancements are adequate to accommodate
the proposed scale and intensity of the conditional use requested. The site shall
be of sufficient size to accommodate design amenities such as screening buffers,
landscaping, open space, off - street parking, and other similar site plan
improvements needed to mitigate against potential adverse impacts of the
proposed use.
8 Apai09
❑ Will the proposed use have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values? If no,
why not?
CI Will the proposed use have an adverse impact on natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space,
noxious and desirable vegetation, and flood hazards? If no, why not?
❑ Will the proposed use have an adverse impact on historic, scenic and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? If no, why not?
❑ Will the proposed use have an adverse impact on public services, including
water, sewer, surface water management, police, fire, parks and recreation,
streets, public transportation, marina and waterways, and bicycle and pedestrian
facilities? If no, why not?
❑ Will the proposed use have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and
neighborhood quality? If no, why not?
npd 09
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.
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Board of Adjustment consideration:
Signature
S rn to and subscribed before me this I
day lie , „.., , , . „ .,......._._
y Ao bV rr . 20 ^ tary Pub g, „
My Co ion a Tres:
Personally Known _
Producedentifica n:
(Type)
Did take an Oathv
Did Not take and Oath %
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
I, do hereby, with my notarized signature, allow
to represent me in this Application related to my property. The
property is identified as: Tax Parcel Number(s)
Located at
Signature of Owner(s)
Sworn to and subscribed before me this
day of 20 Notary Public
My Commission expires:
Personally Known
Produced ID: (Type)
Did take an Oath
Did Not take and Oath
A009
ATTACHMENT "C"
City Code of Ordiances Section 6 -85
Sec. 6 -85. - Accessory dwelling units.
An accessory dwelling unit (ADU) is an ancillary or secondary dwelling unit that is clearly subordinate
to the principal dwelling, which has a separate egress /ingress independent from the principal dwelling,
and which provides complete independent living facilities for one (1) or more persons and which includes
provisions for living, sleeping, eating, cooking, and sanitation. It is located on the same parcel or lot as the
principal dwelling and shall be subject to the required setbacks of the principal structure and may be
either attached to or detached from the principal dwelling. Accessory dwelling units (ADUs) must conform
to the following standards:
(a) Zoning district. A property owner may request a conditional use approval to allow one (1) accessory
dwelling unit in any of the following zoning districts:
R -1AAA Single - Family Dwelling District
R -CI Single - Family Dwelling District
R -1AA and R -1A One - Family Dwelling District
R -1 One - Family Dwelling District
Planned Unit Development District
(b) Existing development on lot. A single - family dwelling shall exist on the lot or will be constructed in
conjunction with the ADU.
(c) Location. The ADU may be attached to or detached from the principal dwelling.
(d) Owner occupancy required; declaration of restrictions. The property owner shall occupy either the
principal structure or the ADU. Prior to the issuance of a building permit for construction of an ADU,
an applicant shall record in the public records of Seminole County a declaration of restrictions
containing a reference to the legal description of the property and the deed under which the property
was conveyed to the present owner stating that:
(1) The ADU shall not be sold or conveyed separate from the principal residence;
(2) The ADU is restricted to the approved size;
(3) The use permit for the ADU shall be in effect only so long as either the principal residence or
the ADU is occupied by the owner of record as their principal residence;
(4) The declarations shall run with the land, shall be binding upon any successor in ownership of
the property and that noncompliance shall be cause for code enforcement and /or revocation of
the conditional use permit;
(5) The deed restrictions shall only be removed with the express, written approval of the city, but
shall lapse upon removal of the accessory unit; and
(6) The ADU shall not be used for commercial purposes other than being leased for residential
purposes.
(e) Number ofADUs perlot or parcel. Only one (1) ADU shall be allowed for each lot or parcel.
(f) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in
which it is located.
(g) Building height and stories. The ADU shall meet the building height regulations for the zoning district
in which it is located.
(h) Lot coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage regulations
for the zoning district in which they are located.
Page 1
Parking and access. A minimum of one (1) parking space shall be provided on -site for the ADU in
addition to the required off - street parking spaces required for the principal residence. The ADU shall
be served by the same driveway as the principal dwelling.
Q) Water and wastewater services. An ADU is required to connect to the central water and sewer
system where available. An ADU may be separately metered for utilities subject to all applicable
ordinances and utility policies. Where central water and sewer service is not available, the septic
system and well shall meet the capacity requirements.
(k) Other code requirements. The ADU shall comply with all applicable building codes.
(1) Lot size, minimum; principal residence minimum. A minimum lot size of six thousand six hundred
(6,600) square feet is required and the principal residence shall be a minimum of one thousand three
hundred fifty (1,350) square feet of air conditioned area.
(m) Unit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air conditioned
area of the principal residence or eight hundred (800) square feet, whichever is less. However, the
ADU shall contain no less than four hundred (400) square feet of air conditioned area. ADUs that
utilize alternative green construction methods that cause the exterior wall thickness to be greater
than normal shall have the unit square footage size measured similar to the interior square footage
of a traditional frame house.
(n) Design. The ADU shall replicate the design of the principal dwelling by use of similar exterior wall
materials, window types, door and window trims, roofing materials and roof pitch. The design is
subject to the minimum community appearance and aesthetic review standards to ensure residential
compatibility and harmony (see section 9 -600 et. seq.).
(o) Privacy. Privacy and screening of adjacent properties is of utmost importance in the orientation of the
ADU. Entrance and windows of the ADU shall face the interior of the lot and /or public street as much
as possible. Windows which do face the adjoining property shall be designed to protect the privacy of
neighbors. Landscaping shall be used to further provide for the privacy and screening of adjacent
properties.
(p) Expiration. As with all conditional use approvals, if a building permit has not been issued within two
(2) years for the ADU, the approval becomes null and void (see section 20 -36).
(q) Approval process. The conditional use /aesthetic review approval of an ADU is subject to a public
hearing. A notice will be sent to all property owners within one hundred fifty (150) feet of the subject
property. An ADU will not be approved if prohibited by the declarations, covenants, conditions and
restrictions of a homeowners' association. The city commission may impose reasonable conditions
of approval to the extent deemed necessary and relevant to ensure compliance with applicable
criteria and other applicable provisions of the city code and comprehensive plan (see section 20 -27
and section 20 -33).
(Ord. No. 2010 -08, § z, 10- 20 -10; Ord. No. 2012 -15, g z, 10 -8 -12)
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