HomeMy WebLinkAbout2016 03 16 Public Hearing 401 Conditional Use for Accessory Dwelling Unit - 616 Fisher RoadLOCAL PLANNING AGENCY/PLANNING
AND ZONING BOARD AGENDA
ITEM 401
March 16, 2016
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 (ADU) located at 616 Fisher 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 616 Fisher
Road. The applicant is proposing the construction of a residential addition to an existing
1,717 square foot single family residence. The proposed residential addition includes a
hobby room and garage in addition to the accessory dwelling unit.
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
Housing Element, Policy 2.4.7
March 16, 2016
Public Hearing Agenda Item 401
Page 12
CONSIDERATIONS:
PARCEL
Property Owner: Mr. and Mrs. Richards
Property Addresses:
Parcel ID number:
Property Acreage:
Current Future Land Use:
Existing Zoning:
DISCUSSION:
516 Fisher Road
Winter Springs, FL
11 -21 -30 -502- 0000 -0180
Approximately 0.6 acres
Rural Residential
HIM E%
The applicants, Mr. and Mrs. Richards are seeking a conditional use permit to allow for
an accessory dwelling unit. The applicants are proposing to construct an addition to the
existing residence. The new addition includes a garage, a hobby room and an accessory
dwelling unit on a 0.6 acre parcel accessed by Fisher Road. The proposed accessory
dwelling unit is approximately 554 square feet of air - conditioned space and meets the
required size and setbacks for the R -lAA zoning district.
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.
March 16, 2016
Public Hearing Agenda Item 401
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, building setbacks, building height and
number of stories, lot coverage, parking, potable water, sanitary sewage,
minimum lot size, unit size and building design criteria for a conditional use, set
forth in Section 6 -85 of the City of Winter Springs Code of Ordinances (Code).
4. The applicants have stated that they will reside in the principle house and utilize
the ADU for guests.
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. The
proposed addition is architecturally compatible with the existing on-
site structure and is in harmony with the adjacent residential 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.
The lot is sufficient in size to support the proposed residential
addition which includes the ADU. The addition provides a garage for
additional parking and internal circulation which branches off an
existing driveway entrance. The proposed addition meets all
applicable building setbacks, thus allowing adequate area to
accommodate design amenities to mitigate any possible, but
improbable adverse impacts.
c. Whether the proposed use will have an adverse impact on the local
economy, including governmental fiscal impact, employment, and
property values. The proposed addition /ADU should have a positive
impact on the property value of the subject lot and is not anticipated
to adversely impact the local economy.
March 16, 2016
Public Hearing Agenda Item 401
Page 14
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.
There is no additional clearing of trees required to accomodae the
addition /ADU. The property remains residential in nature and,
therefore, is not anticipated to generate any additional impacts to 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 has not identified any significant
historic or cultural resources on the site. The scenic views to the lake
will not be degraded.
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. Prior to the issuance of a building
permit for the addition /ADU, the City will require acknowledgement
from the Seminole County Health Department stating that the existing
water and sewer facilities are adequate to serve the increased demand
created by the addition /ADU. Additional surface water runoff will be
accommodated on -site. No additional adverse impacts are anticipated
to the remaining elements mentioned in this question.
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.
March 16, 2016
Public Hearing Agenda Item 401
Page 15
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board forward a
recommendation of approval for the conditional use request for the 554 SF accessory
dwelling unit located at 616 Fisher Road.
ATTACHMENTS:
A. Location Map
B. Proposed Site Plan
C. Proposed Floor Plans
D. Proposed Elevation
E. City of Winter Springs Code of Ordinances Section 6 -85
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ATTACHMENT "E"
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
(i) Parking and access. A minimum of one (1) parking space shall be provided on -site for the ADU in
addition to the required off - street parking spaces required for the principal residence. The ADU shall
be served by the same driveway as the principal dwelling.
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)
Page 2
Sec. 20 -33. - Conditional uses.
(a) Any real property owner may file a conditional use application requesting a conditional use of their
real property providing the conditional use is listed in the applicable zoning district category.
(b) The planning and zoning board shall be required to review all conditional use applications and
make a written recommendation to the city commission. Such recommendation shall include the
reasons for the board's recommendation and show the board has considered the applicable conditional
use criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a
final decision on the application. If the city commission determines that the planning and zoning board
has not made a recommendation on an application within a reasonable period of time, the city
commission may, at its discretion, consider an application without the planning and zoning board's
recommendation.
(d) All conditional use recommendations and final decisions shall be based on the following criteria to
the extent applicable:
(1) 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.
(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 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.
(3)Whetherthe proposed use will have an adverse impact on the local economy, including
governmental fiscal impact, employment, and 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.
(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.
(6 )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.
(7) 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.
Page 3