M E M O R A N D U M. Meeting Date: April 5, Item No. H-1. Mark Hafner, City Manager. David Hawkins, Planning Manager

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1 M E M O R A N D U M Meeting Date: April 5, 2016 Item No. H-1 To: From: Subject: Mark Hafner, City Manager David Hawkins, Planning Manager PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for a 1,080 square-foot accessory dwelling unit; a 1,958 square-foot detached garage; and for the total combined area of these structures and an existing barn (5,438 square feet) to exceed fifty percent (50%) of the area of the main structure (7,876 square feet), located on 8.32-acres, at 1400 Wilson Lane, being Lot 1, Roberts Cut-off Addition, on the north side of Wilson Lane, approximately 500 feet west of Keller-Smithfield Road, and zoned SF-36 (Single Family Residential-36,000 square foot minimum). Sandra and Ali Seyedi, owners. JJCO Inc., applicant (SUP ) Action Requested: Conduct a public hearing and consider an ordinance approving a specific use permit (SUP) for an approximately 1,080-square-foot accessory dwelling unit, a 1,958-square-foot detached garage, and for the combination of accessory structure areas to exceed fifty percent (50%) of the area of the main home. Property Description: Located on an approximately 8.32-acre lot, being Lot 1, Roberts Cut-off Addition, on the north side of Wilson Lane, approximately 500 feet west of Keller-Smithfield Road, at 1400 Wilson Lane. Owners: Developer/ Applicant: Sandra and Ali Seyedi JJCO Inc. Page 1 of 9

2 Current Zoning: SF-36 (Single Family Residential-36,000 square foot minimum). Background: The final plat for this property was recorded on February 7, The property currently has only one structure, a barn, at the far north end of the property. The property was issued a building permit for a 7,876-square-foot home on February 19, Permits for the cabana and garage are currently pending the approval of this Specific Use Permit application. Analysis: The applicant is requesting: To add a cooking surface in the 1,080-square-foot cabana, making it an accessory dwelling unit To add a 1,958-square-foot detached garage To keep the existing 2,400-square-foot barn A Specific Use Permit (SUP) application is needed for: The accessory dwelling unit, per Section 8.10 (B.2) of the UDC. The 1,958square-foot garage, per Section 8.03 (C.2.g.2.), as it is over 1,200 square feet. To allow the total area of all accessory buildings to exceed fifty percent (50%) of the main home, per Section 8.10(A.1). A variance is required to allow three (3) accessory buildings. Existing Barn: There is an existing two-thousand four-hundred (2,400) square-foot barn at the far north end of the property. The applicant proposes to keep this barn. The barn would be used for storage and equipment to maintain the property. The existing barn can be seen in the site photos in the Staff Attachment, but will not be visible from the street once the home is constructed. The front of the barn is four-hundred fifty feet (450 ) behind the proposed detached garage. Accessory Dwelling Unit: The applicant has indicated in the attached narrative letter that the cabana would be used by visiting friends and family. The cabana is located in the rear yard, near the pool, and is designed to be stone and stucco to match the main home. The cabana has been permitted without full kitchen facilities. A full kitchen facility would be one with a permanently installed cooking appliance that is serviced by gas or electricity. Without this kitchen facility, the structure would be considered an accessory building. The request is to convert the cabana into an accessory dwelling unit by adding a cooking surface. Per Section 8.10 (B), accessory dwelling units require a Specific Use Permit (SUP). Accessory dwelling units require a minimum lot size of one and one-half (1.5) acres, must meet all regular building setbacks, and must be constructed from Page 2 of 9

3 the same material as the main home. The proposed structure meets all these criteria. An SUP is required for approval. Detached Garage: Number of Accessory Buildings: The applicant is requesting a one-thousand nine-hundred and fifty-eight (1,958) square-foot detached garage to be the third accessory building and be over 1,200 square feet. The garage is located behind the main building and will have four (4) doors that face the rear of the home. The garage doors are ornamental and will not be visible from the public street. The garage is proposed to be primarily stucco and to have a stone wainscot. The materials and style match the home and the cabana. Section 8.03 (C.2.g.2) requires a Specific Use Permit for any accessory structure over twelve hundred (1,200) square feet in the SF-36 zoning district. The applicant has requested to construct the garage to accommodate a car collection. Section 8.10 (A.10) of the UDC states that there shall be no more than two (2) detached accessory buildings per singlefamily lot. The applicant is requesting three (3) accessory buildings: the cabana, the detached garage and the existing barn. Variance: The applicant is requesting a variance to Section 8.10 (A.10) of the UDC to allow three (3) accessory structures for this property. Building Size: Section 8.10 (A.1) states that the combined area of all accessory buildings on a lot shall be less than fifty percent (50%) of the main structure, unless approved by a SUP. The main structure under construction will be 7,876 square feet in size. The proposed accessory buildings total 5,438 square feet, which exceeds fifty percent (50%) of the main structure at sixty-nine percent (69%) of the home area. An SUP is required to allow the combined area of the accessory buildings. Cabana Garage Barn Total 1,080 sq. ft. 1,958 sq. ft. 2,400 sq. ft. 5,438 sq. ft. Building Height: Section 9.05 (A.9) limits the maximum average height of all accessory buildings to fifteen feet (15 ). Neither the proposed accessory dwelling unit (cabana) nor the detached garage will exceed the fifteen-foot (15 ) height maximum. Both proposed accessory structures are one story with 6/12 roof pitch. Page 3 of 9

4 Building Exterior: Section 9.06 (A.1.a & A.1.e.5) states that all residential buildings and structures located in the residential districts shall have at least eighty percent (80%) of the total exterior walls above grade level and below the first floor plate line, excluding doors and windows, constructed of brick, stone, stucco, or material of equal characteristics as approved by the City in accordance with the City s building code and fire prevention code. Section 8.10 (3) states that all accessory buildings shall be complementary to the main structure, constructed of brick or stone or the same material of the main structure. The main structure is going to be seventy-two percent (72%) stone and eighteen percent (18%) stucco. Both accessory structures are proposed to be a combination of stone and stucco. The proposed cabana is sixty-one percent (61%) stone and thirty-nine percent (39%) stucco. The proposed detached garage is thirty-one percent (31%) stone and sixty-nine percent (69%) stucco. The existing barn is metal. Per Section 8.06 (A.1.e.6) of the UDC, exposed metal exterior is permitted for barns and agricultural structures. This structure was built in compliance with the UDC. The intent of keeping the barn is to house yard maintenance equipment for upkeep of the eight (8) acres. Elevations and photos of a home using similar materials and colors are included in Exhibit A. Building Setbacks: The proposed accessory buildings will comply with the location requirement as well as the side and rear setback requirements for the SF-36 zoning district. The existing barn, proposed detached garage and proposed cabana are all located in the rear yard and will not be visible from the street. They all meet the fifteen-foot (15 ) side and rear yard setbacks. Drainage & Utilities: Existing Roadway Access: Surrounding Zoning & Land Uses: The applicant has submitted the required grading and drainage plans and will meet the requirements of the UDC at time of building permit application for the home, cabana and garage. The building permits for the home and cabana (without full kitchen) have been reviewed and approved. The building permit for the garage is pending this SUP request. Wilson Lane, a residential street with bar ditch sections North, East, and West: Single-family residences zoned SF-36 South: City of North Richland Hills Page 4 of 9

5 Requested Variances: There in one (1) variance being requested with this Specific Use Permit application: 1. Allow three (3) accessory structures on the lot. Summary: This request is for: A SUP for a 1,080-square-foot accessory dwelling unit A SUP for a 1,958-square foot detached garage A SUP for the combined area of accessory structures to exceed fifty percent (50%) of the area of the main home. A variance for three (3) accessory structures. Section 8.04 (B.2.a) of the UDC states that when considering a Specific Use Permit request, the Planning and Zoning Commission and the City Council shall consider the following factors: 1) The use is harmonious and compatible with surrounding existing uses or proposed uses; The current zoning and development pattern of immediately adjacent properties is low density singlefamily development and agricultural uses. 2) The activities requested by the applicant are normally associated with the permitted uses in the base district; Per Section 8.03 (C.1) The SF-36, Single Family Residential District 36,000 is intended to promote and encourage a suitable environment for family life on large parcels of land used for agricultural purposes and single-family homes. This District is intended to encourage more open space, permeable surfaces, and greater setbacks with characteristics of semi-rural areas. The applicant has over eight acres of land with an existing metal barn. The two additional accessory structures and existing barn will not be visible from the street. In addition, the majority of the property will still remain open space. The intent of the SF-36 zoning district is maintained with this application. 3) The nature of the use is reasonable and appropriate in the immediate area; The adjacent properties are single-family homes with agricultural accessory uses and structures. The size of the lot, eight (8) acres, allows for the three proposed Page 5 of 9

6 accessory structures without becoming overbuilt and impacting adjacent properties. This use is reasonable in the immediate area. 4) Any negative impact on the surrounding area has been mitigated; and Staff doesn t anticipate any negative impact on the surrounding area. The structures will all be built with the main home and are architecturally compatible. In addition, the accessory structures will not be visible from the street. 5) That any additional conditions specified ensure that the intent of the district purposes are being upheld. Staff does not believe any additional conditions are needed to uphold the intent and purpose of the SF-36 district. Citizen Input: On March 4, 2016, as required by State law, the City mailed out twelve (12) letters of Notifications for a Public Hearing to property owners located within three hundred feet (300 ) feet of this subject property. A Public Hearing Notice sign was posted on the subject property. Notice was published in the Fort Worth Star Telegram on March 20, As of March 29, 2016, City Staff has not received any responses from the public about this SUP request. Written Opposition: Legal Review: Budget Impact: Financial Considerations: State laws and the UDC both state that if written objections are received from twenty percent (20%) of the area of the adjacent property owners extending two-hundred feet (200 ) from the subject property, then a three-fourth (¾) vote (super majority is 6 out of 7) is required by City Council for approval of this SUP request. This SUP request will not require a three fourth (¾) super majority vote by City Council for approval. None. None. None. Page 6 of 9

7 Supporting Documents: Board Review: Supporting documents include: Minutes of the March 14, 2016 Planning and Zoning Commission Draft Ordinance Exhibit A o Narrative Letter from Applicant to neighbors o Color Exhibit of Similar Homes o Site Plan o Home Elevations o Cabana Elevations o Garage Elevations Staff Attachment o Site Photos Maps o Zoning Map (Dated March, 2016) o Aerial View (Dated March, 2016) The Planning and Zoning Commission held a public hearing and discussed this item at their regular meeting on March 14, They recommended APPROVAL with a vote of 6-0 with the following conditions: 1. The Specific Use Permit request for a 1,080 square-foot accessory dwelling unit 2. The Specific Use Permit request for a 1,958 square-foot detached garage 3. The Specific Use Permit request for accessory structures to exceed fifty percent (50%) of the area of the main home 4. The variance request for three (3) accessory structures Staff Recommendation: Staff recommends approval of Specific Use Permit application with the following conditions: 1. The Specific Use Permit request for a 1,080 square-foot accessory dwelling unit 2. The Specific Use Permit request for a 1,958 square-foot detached garage 3. The Specific Use Permit request for accessory structures to exceed fifty percent (50%) of the area of the main home Page 7 of 9

8 4. The variance request for three (3) accessory structures If the SUP is approved by the City, any modification or change of use of the accessory building will require an amendment to this Specific Use Permit request to be considered by the City and comply with the requirements of the UDC. Alternatives: The City Council has the following options when considering a SUP application: Approve as submitted (with conditions and variances) Approve with modifications or additional condition(s) Tabling the agenda item to a specific date with clarification of intent and purpose Deny Page 8 of 9

9 Minutes of the Planning and Zoning Commission March 14, PUBLIC HEARING: Consider a recommendation of a Specific Use Permit (SUP) for an approximately 1,080 square-foot accessory dwelling unit; an approximately 1,958 square-foot detached garaged; and for the combine area of an existing barn and these structures (approximately 5,438 square feet) to exceed fifty percent (50%) of the area of the main structure (approximately 7,876 square feet), located on an approximately 8.32-acres, being Lot 1, Roberts Cut-off Addition, on the north side of Wilson Lane, approximately 500 feet west of Keller Smithfield Road, at 1400 Wilson Lane, and zoned SF-36 (Single Family Residential-36,000 square foot minimum). Sandra and Ali Seyedi, owners. JJCO Inc., applicant (SUP ) David Hawkins, Planning Manager, came forward to give staff's presentation and recommendation. Chairman Ponder opened the public hearing for Item F-2. No public comments were received. Commissioner Reid motioned to close the public hearing for Item F-2. Commissioner Page seconded and the motion carried unanimously (6 0). No additional discussion was held on this agenda item. Commissioner Reid motioned to approve Item F-2 with the following conditions: 1. The Specific Use Permit request for a 1,080 square-foot accessory dwelling unit 2. The Specific Use Permit request for a 1,958 square-foot detached garage 3. The Specific Use Permit request for accessory structures to exceed fifty percent (50%) of the area of the main home 4. The variance request for three (3) accessory structures Commissioner Stansell seconded and the motion carried unanimously (6 0). Page 9 of 9