April 12, Planning and Land Development Regulation Commission (PLDRC)

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1 Page 1 of 16 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, Room 202, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT/ OWNERS: STAFF: April 12, Planning and Land Development Regulation Commission (PLDRC) S Special exception for a garage apartment on Rural Residential/ Enterprise Community Overlay Zone (RRE) and Resource Corridor/Enterprise Community Overlay Zone (RCE) zoned property. 115 Secret Shore Lane, Enterprise Josiah and Raluca McRoberts Danalee Petyk, Planner II I. SUMMARY OF REQUEST The applicant is requesting a special exception for a garage apartment on Rural Residential/Enterprise Community Overlay Zone (RRE) and Resource Corridor / Enterprise Community Overlay Zone (RCE) zoned property. The property is approximately 3.14 acres, located on Secret Shore Lane, Enterprise. Staff Recommendation: Forward to county council for final action with a recommendation of approval with staff conditions.

2 Page 2 of 16 II. SITE INFORMATION 1. Location: The property is located at the intersection of Secret Shore Lane and Barker Drive, Enterprise 2. Parcel Number(s): Property Size: acres 4. Council District: 5 5. Zoning: Rural Residential/Enterprise Community Overlay Zone (RRE) and Resource Corridor/Enterprise Community Overlay Zone (RCE) 6. Future Land Use: Rural (R) 7. ECO Map: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE 10. Location Maps CURRENT USE North: RRE Rural Single-Family Dwelling East: RRE Rural Vacant Residential South: RCE Environmental Systems Corridor Vacant West: RRE Rural Single-Family Dwelling ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 16 III. BACKGROUND AND PREVIOUS ACTIONS The subject property is a 3.14 lot that contains a single-family home, a pool, and a detached guest house. The guest house was constructed as part of the single-family home permit in 2008 ( ) and the previous owners later added a kitchen to the guest house, rendering it nonconforming to the accessory structure requirements. The current owners purchased the property in 2015 and would like to continue to use the guest house as a garage apartment. The existing guest house with the added kitchen meets the requirements for a garage apartment. The living area is approximately 544 square feet, which is below the maximum allowed 800 square feet and it has an attached garage with space for at least one car. A floor plan of the structure is attached. The existing structure meets all the required yard setbacks of the RRE zoning district. The structure also meets the accessory structure design standards of the Enterprise Overlay Zone (Sec ). The structure has trees that serve as a buffer from the adjacent roads and properties and has access to Secret Shore Lane. IV. REVIEW CRITERIA AND ANALYSIS Special Exception Criteria - Under subsection (8) Reasons for denial, the commission may recommend denial of any application for a special exception, and the county council may deny the application for one or more of the following reasons: (a) It is inconsistent with the purpose or intent of this article. A garage apartment is defined in the zoning code as an accessory building containing a storage area for one or more motor vehicles and one single-family dwelling occupying not more than 800 square feet of living area. They are a permitted special exception use in the RRE zoning classification subject to meeting the required yard setbacks and the Enterprise Overly Zone accessory structure design standards. The existing garage apartment meets all the requirements of the zoning code applicable to said use. It meets or exceeds the setbacks; it does not exceed the maximum allowable size of 800 square feet, and it contains a storage area for a motor vehicle. It also meets the design standards of the Enterprise Overlay Zone. Allowing the structure to remain a garage apartment will not be inconsistent with the purpose of the zoning classification or the garage apartment regulations.

4 Page 4 of 16 (b) It is inconsistent with any element of the comprehensive plan. The comprehensive plan supports activities that provide for sustainable and affordable housing opportunities. Housing Element, policy , states that the county shall continue to allow, as a special exception, the construction of accessory dwellings in residential zoning categories that allow 6,000 square feet lot sizes or larger. The subject property is 3.14 acres. The property has a Rural future land use designation. This designation allows a mixture of agriculture and low density residential development. It is considered a transitional use between agricultural and urban uses. The subject parcel is located in a predominately large-lot single-family area. There are no additional environmental concerns with the property as the structure was permitted and constructed as a guest house. Allowing the guest house to be used as a garage apartment on this lot is consistent with the intent of the future land use designation and the comprehensive plan. (c) It will adversely affect the public interest. Garage apartments are a permitted special exception in the RRE zoning classification. The parcel accommodates the existing accessory structure and the existing structure has a significant landscape buffer. Allowing the guest house to be used as a garage apartment will not adversely affect the public interest. (d) It does not meet the expressed requirements of the applicable special exception. A garage apartment is limited to 800 square feet of living space, must contain storage space for one motor vehicle, and must not be located in any required yard area. The existing structure meets these requirements. Therefore, this request does meet the express requirements of the special exception. (e) The applicant will not be able to meet all requirements imposed by federal, state or local governments, or by the county council. The applicant can meet the requirements of the special exception, as well as permitting requirements by any applicable federal, state, and local agencies. (f) Notwithstanding the provisions of article XIV of the land development code [appendix A], it will generate undue traffic congestion. A single-family home generates approximately 10 trips per day on the local road network. An 800 sq. ft. garage apartment will not substantially increase this rate and will not generate undue traffic congestion on local roads. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public.

5 Page 5 of 16 This garage apartment will not create a hazard or public nuisance, or be dangerous to individuals or the public. (h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings. The majority of the surrounding properties are of a similar size and developed with singlefamily homes. The area has a substantial tree cover, which enhances the rural character of the area and provides natural vegetative buffers between properties. The garage apartment will not be easily visible from other properties. This use will not materially alter the character of the surrounding neighborhood or adversely affect the value of surrounding land, structures or buildings. (i) It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. The special exception will not adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. V. STAFF RECOMMENDATION Staff recommends that the PLDRC forward this special exception for a garage apartment on Rural Residential/Enterprise Community Overlay Zone (RRE) and Resource Corridor/Enterprise Community Overlay Zone (RCE) zoned property to the county council for final action with a recommendation of approval, subject to the following staff recommended conditions: 1. The special exception is limited to one proposed 1,280 square-foot garage apartment containing a maximum living area of 800 square feet. Any future expansion of the structure beyond the current footprint, and not in compliance with RRE/RCE classification yard requirements shall require approval of a separate special exception. Any future expansion of the apartment living area beyond 800 square feet shall also require approval of a separate variance application. VI. ATTACHMENTS Written Explanation Survey Special Exception Site Plan Garage Apartment Floor Plan Map Exhibits VII. AUTHORITY AND PROCEDURE Pursuant to Section , the County Council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a special exception application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant.

6 Page 6 of 16 Any new information to be presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission. Any new information to be presented at the county council meeting that was not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

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9 Page 9 of 16 SPECIAL EXCEPTION SITE PLAN Proposed Garage Apartment

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11 Page 11 of 16 STAFF REVIEW COMMENTS PLDRC Hearing Date: April 12, 2016 McRoberts S HEALTH Laura Kramer, DOH/Volusia County Public Health Unit Comments: Potable water is provided by the City of Deltona. Sewage disposal is provided by an existing onsite sewage treatment and disposal system. There is currently a 1,050 gallon septic tank, a 300 gallon dosing tank that is connected to a 778 sq. ft. drainfield that is shared with the single family residence (Permit # 64-SH ). The system was originally designed to accommodate the additional flows. * * * * * * 1

12 Page 12 of 16 OUTLOOK LAKE DELTONA BROKEN ARROW LAKE CR 4162 (DOYLE RD) BIG LAKE JENKINS POND CR 4162 (DOYLE RD) CR 5758 (ENTERPRISE OSTEEN RD) CR 5758 (ENTERPRISE OSTEEN RD) BETHEL CREEK LAKE BETHEL LAKE MONROE REQUEST AREA LOCATION 1 " = 1500' SPECIAL EXCEPTION I CASE NUMBER S

13 PERRY LN Page 13 of 16 CR 5758 (ENTERPRISE OSTEEN RD) SHADOWOOD DR BARKER DR STILLBROOK TR BRANDY COVE RD BRANDY CT EAST CT SECRET SHORE LN STILLMEADOW RD TURTLE HILL RD STONE ISLAND RD STONE TR AERIAL 2015 REQUEST AREA 1"= 400' SPECIAL EXCEPTION I CASE NUMBER S

14 PERRY LN Page 14 of 16 STILLBROOK TR RRE CR 5758 (ENTERPRISE OSTEEN RD) BARKER DR SHADOWOOD DR RAE BRANDY CT EAST CT STILLMEADOW RD STONE ISLAND RD TURTLE HILL RD RCE BETHEL CREEK R-3(1)E STONE TR ZONING CLASSIFICATION AGRICULTURAL RESOURCE CORIDOR RESIDENTIAL 1"= 400' REQUEST AREA SPECIAL EXCEPTION CASE NUMBER I S

15 STILLBROOK TR PERRY LN Page 15 of 16 R CR 5758 (ENTERPRISE OSTEEN RD) BRANDY CT EAST CT R BARKER DR SHADOWOOD DR STILLMEADOW RD ESC STONE ISLAND RD TURTLE HILL RD STONE TR LIU FUTURE LAND USE DESIGNATION ENVIRONMENTAL SYSTEMS CORRIDOR LOW IMPACT URBAN RURAL 1"= 400' SPECIAL EXCEPTION CASE NUMBER S REQUEST AREA

16 BRANDY COVE RD PERRY LN Page 16 of 16 CR 5758 (ENTERPRISE OSTEEN RD) STILLBROOK TR BARKER DR SHADOWOOD DR BRANDY CT EAST CT STILLMEADOW RD STONE ISLAND RD TURTLE HILL RD STONE TR ECO/NRMA ECO NRMA 1"= 400' SPECIAL EXCEPTION CASE NUMBER REQUEST AREA S