Special exception for a garage apartment on Transitional Agriculture/Enterprise Community Overlay/Low Impact Urban (A- 3E(1)) zoned property.

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1 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: OWNER: STAFF: June 11, Planning and Land Development Regulation Commission (PLDRC) S Special exception for a garage apartment on Transitional Agriculture/Enterprise Community Overlay/Low Impact Urban (A- 3E(1)) zoned property Enterprise-Osteen Road, Enterprise George Neuner, agent Charles, Rebecca, and Mary Panacek Carol McFarlane, AICP, Planner II I. SUMMARY OF REQUEST The applicant requests a special exception for a detached, side-loaded garage apartment on approximately 5.97-acre homestead property located in the Enterprise community. The apartment will occupy the second floor of a proposed two-story, 3,626-square-foot accessory building. Staff Recommendation: Forward to county council with a recommendation of approval subject to the staff recommended conditions. Page 1 of 8

2 II. SITE INFORMATION 1. Location: The property is located on the north side of Enterprise-Osteen Road, approximately one mile west of its intersection with Garfield Road, in the community of Enterprise. 2. Parcel Number(s): Property Size: ± 5.97 acres 4. Council District: 5 5. Zoning: Transitional Agriculture/Enterprise Community Overlay Zone/Low Impact Urban A-3E(1) 6. Future Land Use: Low Impact Urban (LIU) 7. ECO Map: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND CURRENT USE USE North: A-3E LIU Single Family Residence East: A-3E LIU Single Family Residence South: PE REC Mariner s Cove Park West: A-3E LIU Agricultural, plant nursery and feed lot 10. Location Maps LOCATION MAP AERIAL MAP Page 2 of 8

3 III. BACKGROUND AND PREVIOUS ACTIONS The subject property is a portion of a lot in the Assessor s Subdivision, recorded in The house, 1190 Enterprise-Osteen Road, was built in 1981 after the lot was found to be exempt from subdivision regulations. In 2003, the current owner had the property split through the subdivision exemption process (2003-S-EXM-0466), creating the parcel immediately to the north. A house, 1194 Enterprise-Osteen Road, was built on that property to the north in Both properties are owned by the applicant and share a common driveway. The approved subdivision exemption plans in 2003 demonstrated that the northern property, 1194 Enterprise-Osteen Road, would not have road frontage on Enterprise- Osteen Road, but would instead be accessed through a 20-foot easement running north and south along the eastern side of the subject parcel. That easement was never recorded because the applicant maintained ownership of both properties. This special exception application is for a garage apartment that will be part of a 3,626 square foot accessory structure located on the eastern portion of the subject parcel. If the access easement on the eastern side of the subject parcel were to be recorded as depicted on the 2003 subdivision exemption plans, then the easement would require a front yard of 40 feet, instead of the 25-foot side yard that is currently applicable. In order for the garage apartment to be located on the east side of the subject parcel, the access easement will need to be located on the western side of the parcel. The survey provided with this special exception application shows this change. The subject parcel will need to be reconfigured through a subdivision exemption application with the Land Development Office in order to make this configuration comply with subdivision regulations. IV. REVIEW CRITERIA AND ANALYSIS Site Plan The proposed structure is a 3,626 square foot, two-story, four-car garage apartment. The second story apartment will be 752 square feet and will be occupied by the groundskeeper of the Panacek s properties. There is a half-bathroom and laundry room on the first floor and a 900-square-foot storage room on the second floor that will be used by the main household. The building will be orientated so that automobiles side-load into the garage, with the narrowest part of the building facing the road. Architectural elevations show that portions of the first floor will be applied brick, with the remainder of the façade being Hardiplank siding, to match the main house. There is also a south-facing covered porch with a second story balcony that will have railings to match the main house. The roof will have dormer windows that will match the dormer windows of the main house. The building will be set back 332 feet from the south lot line. In addition, the access easement for 1194 Enterprise-Osteen Road will be located off the existing driveway for the subject parcel, continuing for a distance to the north, then proceeding west to the western lot line, then proceeding north along the western lot line. As a condition of approval, a native vegetation preservation easement will be recorded, to encompass a 75-foot buffer, as measured from the centerline of Enterprise-Osteen Road. This easement shall protect the existing native vegetation in the buffer, and require Page 3 of 8

4 additional plantings in the case that the existing vegetation be destroyed or removed. Enterprise Local Plan In 2001, the Enterprise Local Plan was adopted into the Comprehensive Plan. These goals, objectives, and policies were adopted to encourage and promote the protection of Enterprise s historic, cultural, and scenic values. The following policies relate to this special exception application: ENT 1.1.1: Discourage increases in the land use intensities and densities above those currently designated on the Volusia County Land Use Map for areas within the Enterprise Area Plan. The future land use designation for this property is Low Impact Urban (LIU,) which has a maximum density of one dwelling unit per acre. Since the garage apartment will act to increase density to two dwelling units, at 5.97 acres in size, this makes the density of the parcel dwelling units per acre. Therefore, this application will not increase the density above the maximum density. ENT 1.1.2: Encourage single family development at densities at the middle to lower end of the density range established for each residential land use designation. The LIU future land use has a maximum density of 1 dwelling unit per acre, with no minimum density. At dwelling units per acre, this application is below the maximum density established for this land use designation. ENT 1.2.3: Preserve and promote the natural landform, native vegetation and tree cover for public and private spaces. a) Discourage large scale reshaping of the natural land form. b) Plant materials required under the Volusia County Tree Ordinance and landscaping requirements shall, where possible, be comprised of native plant and tree materials endemic to the Enterprise area. c) Review existing open space, landscaping, and buffer requirements to conform to the intent of this objective. d) Encourage residents to use native plant and tree materials for home landscaping projects. e) Fifty-percent (50%) of required open space as provided in the County land development regulations shall be devoted to native vegetation. This application will meet the intent of this policy with the condition that the native vegetation preservation easement be recorded. Enterprise Community Overlay Zone In 2008, the Enterprise Community Overlay Zone was created to provide design standards to protect, preserve, and enhance the natural, cultural, and historical resources of the community. The proposed accessory structure will be required to meet the architectural standards of the Enterprise Community Overlay Zone at the time of building permit application. The applicant has developed a site plan and architectural elevations with the Page 4 of 8

5 purpose and intent of complying with these regulations. In addition, staff s recommendation to record a native vegetation preservation easement will protect the scenic character of Enterprise-Osteen Road. Special Exception Review Criteria Per section (8) reasons for denial, the commission may recommend denial and county council may deny any special exception application for one or more of the following reasons: (a) It is inconsistent with the purpose or intent of this article. The zoning ordinance provides for protection of property values, compatibility of uses, and the safekeeping of public welfare. Obtaining building permits and inspections for the detached structure will ensure that the safekeeping of the public is maintained. The provisions of the Enterprise Community Overlay Zone will be met with staff recommended conditions, and will be applied again at the time of building permit application. Staff finds that with the recommended conditions, this application is consistent with the purpose and intent of the zoning ordinance. (b) It is inconsistent with any element of the comprehensive plan. The proposed special exception is consistent with the LIU future land use. It meets the maximum land-use density of one dwelling unit per acre. There is enough area on the property to provide the required parking for the garage apartment and a new or larger septic system, if necessary. The evaluation of the Enterprise Local Plan stated earlier in this staff report demonstrates that the application is consistent with the local plan. Staff finds that this application is consistent with the purpose and intent of the comprehensive plan. (c) It will adversely affect the public interest. It will not adversely affect the public interest because the applicant will obtain all applicable building permits and inspections. Staff finds that with the recommended conditions, this application should not adversely affect the public interest. (d) It does not meet the expressed requirements of the applicable special exception. Other than the garage apartment living-area size limitation and vehicular parking requirement of the code, there are no specific use requirements. The structure meets the code requirements. Staff finds that with the recommended conditions, approval of the garage apartment shall meet all the requirements of the special exception. Page 5 of 8

6 (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 shall meet all agency requirements. The applicant is required to obtain all applicable building permits related to the detached garage apartment. Staff finds that with the recommended conditions, this application shall meet all requirements. (f) Notwithstanding the provisions of article XIV of the land development code [appendix A], it will generate undue traffic congestion. Staff finds that this application shall not generate any undue traffic congestion. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. There are no hazards or public nuisances associated with this request as long as the applicant obtains all required permits and inspections. Staff finds that with the recommended conditions, this application shall not be a hazard, public nuisance, and/or a danger 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 applicant is required to meet this criterion during building permit review, per section and has demonstrated a willingness to comply with the architectural and scenic requirements of the overlay zone. Staff finds that this application shall not materially alter the character of surrounding neighborhoods 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 property is already developed and any environmental impacts have already occurred. Therefore, approval of the special exception will not adversely affect the environment, natural resources, or scenic beauty of the community. In addition, the recommended native vegetation preservation easement will ensure that the scenic beauty of Enterprise-Osteen Road is preserved for this parcel. Staff finds that this application shall not adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. Page 6 of 8

7 V. STAFF RECOMMENDATION Staff recommends approval of the special exception for a garage apartment on Transitional Agriculture, Enterprise Community Overlay (A-3E) zoned property, subject to the following conditions: 1. The property owners or authorized agent(s) shall request and obtain a modification to the 2003 subdivision exemption asking for a reconfiguration of the lots to place the access easement to 1194 Enterprise-Osteen Road as depicted on the special exception site plan, with the modification to the site plan listed in condition four. 2. The use of the building shall be maintained as a garage apartment, as specified on the special exception site plan. The proposed garage apartment shall not be enlarged, expanded, or extended to further occupy any area of the building or property greater than allowed by the zoning ordinance, without approval of a separate variance, building permits and inspections. 3. The property owners or authorized agent(s) shall record a native vegetation preservation easement for a 75-foot buffer, minus the existing driveway, as measured from the centerline of Enterprise-Osteen Road, along the northern side of the Enterprise-Osteen Road right-of-way. The easement language shall include the following: a. The easement shall enforce the requirements of Section (a)(2), subparagraphs a through f, of the Code of Ordinances. b. Should the existing vegetation be removed or destroyed, whether through the actions of the property owner or not, a landscape plan shall be submitted to the Current Planning office showing that the buffer will meet the planting requirements of Section (a)(2), subparagraphs a through c, of the Code of Ordinances. 4. The site plan shall be modified to move the east-west portion of the access easement to the north, such that it is located 75 feet north of the centerline of the Enterprise-Osteen Road right-of-way. VI. ATTACHMENTS Written Explanation Special Exception Site Plan Site Photos Reviewer Comments 2003-S-EXM-0466 Approved Plans Maps Page 7 of 8

8 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. 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. Page 8 of 8

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14 View from 20 feet into property View of Driveway from Enterprise Osteen Road 1190 Enterprise Osteen Road 1194 Enterprise Osteen Road Subject Homestead 1190 Enterprise Osteen Road Proposed Construction Site Looking south at construction site

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16 From: To: Date: Subject: Marcia Naber Nagle, Christian 5/3/2013 8:26 AM Re: Enterprise Osteen Road ROW status please Hi Chris Enterprise Osteen Road in front of tax parcel is prescriptive right of way. It's also prescriptive along the parcel to the east. The parcel to the west has prescriptive on the north side and deeded on the south side. The south side varies due to the curve in the road but is about 50 feet wide at the east end where it meets with the subject parcel. You will need to contact Susan Collins at Road and Bridge to get the prescriptive width Hope this helps. Marcia. >>> Christian Nagle 5/2/2013 5:30 PM >>> Dear Marcia: Please tell me if Enterprise Osteen Road in front of tax parcel is in a right-of-way or prescriptive easement or not and the width of the applicable right-of-way or prescriptive easement (if any) for Enterprise Osteen road in front of and adjacent to the foregoing parcel. If needed, please also tell me who else to contact to obtain this information. Thanks and Cordially, Mr. Christian Nagle Planner II, AICP Volusia County Current Planning Activity ext voice PLEASE NOTE: Florida has a very broad public records law. Most written and communications to or from County of Volusia officials and employees regarding public business are public records available to the public and media upon request. Your communications and address may be subject to public disclosure. The views expressed in this message may not necessarily reflect those of the County of Volusia. If you have received this message in error, please notify us immediately by replying to this message, and please delete it from your computer. Thank you.

17 Inter-Office Memorandum TO: Christian Nagle, Planner II DATE: April 25, 2013 FROM: Danielle Dangleman, Environmental Specialist III SUBJECT: Planning & Land Development Regulation Commission meeting for Date: May 14, 2013 Parcel #: Case #: V ; Charles and Rebecca Panacek, owners Environmental Permitting (EP) has conducted a site inspection and reviewed the Variance application for the subject parcel. The area that the proposed garage apartment is to be constructed is an area of mowed grass with a few trees. EP has no objection to this special exception request for this garage apartment. However, please advise the owner and applicant they will be required to meet all aplicable requirements of the Land Development Code at the time of building permit application.

18 (6/4/2013) Carol McFarlane - RE: School concurrency review for proposed garage Page 1 From: To: Date: Subject: Hi Chris: 4/29/ :11 AM RE: School concurrency review for proposed garage apartment I am sorry for the delay in getting back to you. The garage apartment would be exempt from school concurrency review. The creation of ten or less residential lots/units would be exempt from review. Thank you for the opportunity to comment. Helen -----Original Message----- From: Christian Nagle Sent: Thursday, April 25, :55 PM To: LaValley, Helen C. Subject: School concurrency review for proposed garage apartment Dear Helen: Please advise if VCSB school concurrency review or approval is needed for the proposed construction of 1 new garage apartment on property located in unincorporated Volusia County (Enterprise). The property has an single-family dwelling on it and the property owner has applied for a permitted special exception approval to build a proposed garage apartment on the property. No rezoning approval is needed for the proposed garage apartment. I hope you are fine. Thanks for your help. Cordially, Mr. Christian Nagle Planner II, AICP Volusia County Current Planning Activity ext voice PLEASE NOTE: Florida has a very broad public records law. Most written and communications to or from County of Volusia officials and employees regarding public business are public records available to the public and media upon request. Your communications and address may be subject to public disclosure. The views expressed in this message may not necessarily reflect those of the County of Volusia. If you have received this message in error, please notify us immediately by replying to this message, and please delete it from your computer. Thank you.

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