LEE COUNTY, FLORIDA DEPARTMENT OF COMMUNITY DEVELOPMENT ZONING DIVISION STAFF REPORT TYPE OF CASE: CASE NUMBER: SPECIAL EXCEPTION SEZ2010-00002 HEARING EXAMINER DATE: JUNE 30, 2010 I. APPLICATION SUMMARY: A. Applicant: Ronald Principato/ Principato Accessory Apartment B. Request: Request in the RS-1 zoning district for a special exception pursuant to LDC Sections 34-694 and 34-1177 to permit a 900 square-foot detached accessory apartment. C. Location: The subject property is located at 28 Michigan Road, Lehigh Acres Planning Community, Lee County, FL. (District # 5) D. Future Land Use Plan Designation, Current Zoning and Use of Subject Property and Road Classification: Future Land Use Plan Designation: Current Zoning: Current Use of Subject Property: Road Classification: Central Urban Residential Single-Family (RS-1) Residential Single-Family County-maintained local road E. Surrounding Land Use: Existing Zoning & Land Use North: Residential Single-Family (RS-1) Single-family residential Future Land Use Map Central Urban East: Michigan Avenue, then Residential Single-Family (RS-1) Single-family residential Central Urban South: Residential Single-Family (RS-1) Vacant West: Residential Single-Family (RS-1) Vacant Central Urban Central Urban II. RECOMMENDATION: 6/22/2010/LCH U:\201006\SEZ20100.000\2\SEZ2010-00002.WPD Page 1 of 8
Staff recommends APPROVAL of the applicant's request subject to the following conditions: A. Conditions 1. Within 30 days of approval of the special exception, a building permit application must be submitted to begin the process to obtain a Certificate of Occupancy for the accessory apartment. Upon approval of the building permit, a driveway permit must be secured for the driveway serving the accessory apartment. 2. The driveway to the accessory apartment must be constructed with a stabilized surface such as shell, gravel, pavers, concrete or asphalt. 3. A minimum of one parking space must be provided adjacent to the accessory apartment. 4. Prior to approval of the building permit, the Lee County Health Department must permit and inspect the additional septic tank located on the subject property. Documentation of approval must be submitted to Lee County prior to approval of the building permit. 5. The use of the accessory apartment is limited to use as a residence by the indicated caretaker or a family member. 6. If the garage door is to remain on the front of the accessory apartment, there can be no access into the habitable space OR a 20-hour door, in accordance with minimum building codes, must be installed between the habitable space and the garage/storage area. The door cannot open into a bedroom. B. Findings & Conclusions Based upon an analysis of the application and the standards for approval of a Special Exception in accordance with the Land Development Code (LDC), Section 34-145(c)(2), staff makes the following findings and conclusions to support the recommendation of approval: The requested special exception: a) is consistent with the goals, objectives, policies and intent of the Lee Plan and Land Development Code, in accordance with Sections 34-694 and 34-1177 of the LDC and Policies 1.1.3, 1.7.6, 5.1.5, Goal 135, and Policy 135.1.8 of the Lee Plan; b) as conditioned, meets or exceeds all performance and locational standards set forth for the proposed use in accordance with Lee Plan Policies 1.1.3, 5.1.5, Goal 135, and Policy 135.1.8; 6/22/2010/LCH U:\201006\SEZ20100.000\2\SEZ2010-00002.WPD Page 2 of 8
c) as conditioned, will be compatible with existing or planned uses in accordance with LDC 34-1177 and Lee Plan Policy 5.1.5, Goal 135, and Policy 135.1.8; d) as conditioned, will not cause damage, hazard, nuisance or other detriment to persons or property; and e) as conditioned, will be in compliance with all general zoning provisions and supplemental regulations pertaining to the uses set forth in the Land Development Code in accordance with LDC 34-694 and 34-1177. III. BACKGROUND INFORMATION AND ANALYSIS Introduction/Synopsis The subject property, consisting of approximately 0.46 acre, is zoned Residential Single- Family (RS-1), and is located in a residential community in Lehigh Acres. The property is located at 28 Michigan Avenue, accessed from Leeland Heights Boulevard. The subject property is currently developed with a single-family dwelling and a former detached garage that has been remodeled into an accessory apartment. There is an existing six-foot high privacy fence around the rear and a portion of the sides of the property. The fence appears to meet the minimum street setback of 25 feet in accordance with LDC 34-1744(2). The original single-family dwelling and detached garage were constructed in 1989. In 2004, a demolition permit, DEM2004-00270 was approved to demolish the existing single-family dwelling with a note that the owner utilized the original foundation and existing walls for new house replacement. Subsequently, permit number RES2004-09458 was issued to construct a new, 3,124+ square-foot dwelling. There are no permits or indication that the detached garage was demolished and reconstructed. However, it appears that a new roof may have been added. The applicant acquired the subject property on March 3, 2010 and indicates that a disabled relative (the applicant s sister) will reside in the principal dwelling and the accessory apartment will be occupied by her caretaker. On March 19, 2010, a code violation was issued, VIO2010-04814, for the conversion of the detached garage into living space consisting of a living room/dining room combination, two bedrooms, one bathroom, and kitchen facilities. An interior floor plan is included as Attachment C. It is staff s understanding that upon applying for the applicable permits, it was determined that the accessory apartment use requires a special exception in the RS-1 zoning district. The applicant indicates that the detached garage was remodeled into living space prior to his purchase. However, as the current owner of the subject property, the applicant is now responsible to bring the use into compliance with the LDC and to ensure that applicable building regulations are met. 6/22/2010/LCH U:\201006\SEZ20100.000\2\SEZ2010-00002.WPD Page 3 of 8
The applicant will be required to submit building plans for the accessory apartment. The plans will be reviewed for compliance with minimum building codes including electrical and plumbing. Upon approval of the plans, inspections will be conducted prior to receipt of a Certificate of Occupancy. Since the applicant s purchase of the subject property on March 3, 2010, he has worked diligently to abate numerous code violations accrued prior to his purchase including building repair and maintenance, installation of a new air conditioner without proper permits, lanai, and fence repairs. The special exception, if approved with proposed conditions, will abate VIO2010-04814. Accessory Apartments The LDC 34-1177 establishes regulations for accessory apartments. The intent of accessory apartments is to facilitate the provision of affordable housing, strengthen the family unit, and provide increased opportunities for housing the elderly and persons with special needs. An accessory apartment must be provided with a minimum of one parking space. A detached apartment cannot exceed 50 percent of the floor area of the main dwelling unit and may not be closer to the street right-of-way or easement than the principal dwelling unit. For the purposes of density, an accessory apartment is considered an affordable housing unit, allowing density calculations to be based on the future land use category bonus density range. The detached garage, remodeled into an accessory apartment, meets the purpose and intent of the LDC for accessory apartments as it will provide housing for a caretaker of a person with special needs. The area of the garage does not exceed 50 percent of the floor area of the main dwelling unit and the structure is located in the rear of the subject property in the southeast corner. If the special exception is approved, all applicable fees must be paid in conjunction with permits, including, but not limited to impact fees. Site Plan The site plan (survey), included as Attachment D, depicts the existing conditions of the subject property including the location of the single-family dwelling and accessory apartment (formerly a detached garage). The accessory apartment will have ingress provided by a separate driveway from Michigan Avenue. There is a concrete parking pad located in front of the apartment. The principal residence and accessory apartment are accessed from existing, individual driveways from Michigan Avenue to accommodate adequate parking for both uses. The single-family dwelling and accessory apartment meet the minimum property development regulations for the RS-1 zoning district including setbacks. The combined square footage of the dwelling and apartment is approximately 4,024 square feet which 6/22/2010/LCH U:\201006\SEZ20100.000\2\SEZ2010-00002.WPD Page 4 of 8
calculates to approximately 20% lot coverage which complies with the maximum requirement of 40%. There is a six-foot high solid wood fence around the boundary of the rear of the subject property. The subject property is encumbered on each boundary by a six-foot wide public utility easement. Lee Plan The subject property is located in the Central Urban future land use category defined in the Lee Plan in Policy 1.1.3 as follows: POLICY 1.1.3: The Central Urban areas can best be characterized as the urban core of the county. These consist mainly of portions of the city of Fort Myers, the southerly portion of the city of Cape Coral, and other close-in areas near these cities; and also the central portions of the city of Bonita Springs, Iona/McGregor, Lehigh Acres, and North Fort Myers. This is the part of the county that is already most heavily settled and which has or will have the greatest range and highest levels of urban service - water, sewer, roads, schools, etc. Residential, commercial, public and quasi-public, and limited light industrial land uses will continue to predominate in the Central Urban area with future development in this category encouraged to be developed as a mixed-use, as described in Policy 2.12.3, where appropriate. This category has a standard density range from four dwelling units per acre (4 du/acre) to ten dwelling units per acre (10 du/acre) and a maximum density of fifteen dwelling units per acre (15 du/acre). (Amended by Ordinance No. 94-30, 02-02, 09-06) The subject property consists of 20,000 square feet or 0.46 acre. The Central Urban future land use category requires a minimum of 10,890 square feet for a single-family dwelling unit (4 du/acre). However, the LDC 34-1177(i)(2) permits density for accessory apartments to be calculated utilizing the bonus density provisions. In this case, the allowable density is 10 dwelling units per acre or a minimum lot area of 4,356 square feet. Thus, the minimum amount of area required to accommodate the single-family dwelling and accessory apartment on the subject property is 8,712 square feet for two dwelling units. The subject property exceeds this minimum square footage; therefore, staff finds the request consistent with Policy 1.1.3 of the Lee Plan. POLICY 1.7.6: The Planning Communities Map and Acreage Allocation Table (see Map 16 and Table 1(b) and Policies 1.1.1 and 2.2.2) depicts the proposed distribution, extent, and location of generalized land uses for the year 2030. Acreage totals are provided for land in each Planning Community in unincorporated Lee County. No final development orders or extensions to final development orders will be issued or approved by Lee County which would allow the acreage totals for residential, commercial or industrial uses contained in Table 1(b) to be exceeded. The subject property is located in the Lehigh Acres Planning Community. The Planning 6/22/2010/LCH U:\201006\SEZ20100.000\2\SEZ2010-00002.WPD Page 5 of 8
Community Year 2030 Allocations indicate that 8,200 acres in the Lehigh Acres Planning Community have been allocated for residential use in the Central Urban future land use category. Of that acreage, 3,204 acres have been developed with residential land uses leaving 4,996 acres currently available to support a recommendation of zoning approval for the additional residential use. Staff finds the request consistent with the residential allocations for the Lehigh Acres Planning Community. This finding is not a guarantee that there will be sufficient allocations for residential development in the future. POLICY 5.1.5: Protect existing and future residential areas from any encroachment of uses that are potentially destructive to the character and integrity of the residential environment. Requests for conventional rezonings will be denied in the event that the buffers provided in Chapter 10 of the LDC are not adequate to address potentially incompatible uses in a satisfactory manner. If such uses are proposed in the form of a planned development or special exception and generally applicable development regulations are deemed to be inadequate, conditions will be attached to minimize or eliminate the potential impacts or, where no adequate conditions can be devised, the application will be denied altogether. The LDC will continue to require appropriate buffers for new developments. (Amended by Ordinance No. 94-30, 99-15, 00-22) The subject property is developed with an existing single-family residence and a detached garage that has been remodeled into an accessory apartment. Accessory apartments are permitted, by special exception, in the RS-1 zoning district subject to compatibility, density, and potential impact to the surrounding community. The proposed use of the accessory apartment is to provide housing for a caretaker to ensure the safety and welfare of a special needs resident. Affordable housing in the form of an accessory apartment is supported by the Lee Plan and the LDC. The subject property has adequate area to accommodate the single-family residence and the accessory apartment. Staff is proposing conditions to ensure that the accessory apartment has been constructed in accordance with applicable building codes and will only be utilized by the caretaker or family members of the owner/applicant so the use will not have negative impacts to the residential character of the community. The accessory apartment will be accessed from an individual driveway via Michigan Avenue providing adequate parking for both uses. As conditioned, staff finds the request consistent with Policy 5.1.5 of the Lee Plan. GOAL 135: MEETING HOUSING NEEDS. To provide decent, safe, and sanitary housing in suitable neighborhoods at affordable costs to meet the needs of the present and future residents of the county. (Amended by Ordinance No. 91-19) POLICY 135.1.8: The County will provide through the rezoning process for the location of adequate sites for very-low, low- and moderate-income residential development including mobile homes, and housing for special needs populations as defined in Rule 67-37.002(30). (Amended by Ordinance No. 00-22, 07-17) 6/22/2010/LCH U:\201006\SEZ20100.000\2\SEZ2010-00002.WPD Page 6 of 8
The applicant s intent for the accessory apartment is to provide safe care and housing for a relative with special needs. The use will permit independent living as well as a caretaker on the premises to ensure the health, safety, and welfare of the family member. The accessory apartment will provide affordable, convenient living space for the caretaker. The special exception process provides an avenue through zoning in which to address affordable housing for special needs or family members with applicable conditions. The subject property has adequate area to accommodate a principal residence and an accessory apartment without detrimental impact to the surrounding neighborhood. As conditioned, staff finds the request consistent with Goal 135 and Policy 135.1.8 of the Lee Plan. Surrounding Zoning and Neighborhood Compatibility The subject property is located in an area of Lehigh Acres comprised of single-family dwellings, residential accessory uses, and some vacant parcels. The proposed use is compatible with the residential community and will provide independent living for a disabled individual and an affordable housing opportunity for her caretaker. Waiver from Traffic Impact Statement (TIS) The applicant received a waiver from providing a Traffic Impact Statement (TIS) in PRE2010-00080 (see Attachment E ) due to minimal impact and traffic generation created by a single-family dwelling and accessory apartment. Utilities The subject property is served by potable water provided by Florida Governmental Utility Authority as indicated in a letter from the utility dated April 13, 2010 (see Attachment F ). Sanitary sewer is not available in this area of Lehigh Acres and there are no current plans for extension. The applicant has submitted a permit application to the Lee County Health Department (see Attachment G ) to legitimize an additional septic system which will require final review and permitting prior to issuance of a building permit. This will result in individual septic systems for the principal dwelling unit and the accessory apartment. Conclusion The intent of the accessory apartment is to promote and support affordable housing, strengthen the family unit, and provide opportunities for housing the elderly and persons with special needs. The applicant indicates that the accessory apartment will be utilized as a caretaker residence for his sister, with special needs. The proposed use is consistent with the Lee Plan bonus density calculations for the Central Urban future land use category. The detached garage has been remodeled into living quarters with an exterior complementary to the single-family dwelling. Therefore, staff finds this request consistent with the Lee Plan and the Land Development Code as well as compatible with the existing residential neighborhood. IV. SUBJECT PROPERTY 6/22/2010/LCH U:\201006\SEZ20100.000\2\SEZ2010-00002.WPD Page 7 of 8
A. STRAP: The applicant indicates the STRAP number is : 32-44-27-18- 00086.0020 V. ATTACHMENTS A. Map of surrounding zoning B. LEGAL DESCRIPTION: See EXHIBIT A. C. Interior site plan of the accessory apartment D. Site plan of subject property E. Copy of PRE2010-00080, waiver from Traffic Impact Statement (TIS) F. Letter from FGUA dated April 13, 2010 G. Sales receipt from the Lee County Health Department to permit the additional septic system cc: Applicant County Attorney Zoning file 6/22/2010/LCH U:\201006\SEZ20100.000\2\SEZ2010-00002.WPD Page 8 of 8