3675 MIDIRON DR. REVERT TO PLAT

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Staff Report to the Municipal Planning Board January 19, 2016 SUB2015-00068 Item #14 3675 MIDIRON DR. REVERT TO PLAT MINNESOTA AVE. Dubsdread Golf Course N. FORMOSA AVE.

Location Map S UMMARY Applicant Michael Kara Exclusive Collection Fine Homes Owner Jerome Jennings Estate Project Planner Jim Burnett, AICP Updated: January 12, 2016 Property Location: 3675 Midiron

1 Staff Report to the Municipal Planning Board January 19, 2016 SUB Item # MIDIRON DR. REVERT TO PLAT MINNESOTA AVE. Dubsdread Golf Course N. FORMOSA AVE. Calvary Assembly of God EAGLE DR. MIDIRON DR. Location Map S UMMARY Applicant Michael Kara Exclusive Collection Fine Homes Owner Jerome Jennings Estate Project Planner Jim Burnett, AICP Updated: January 12, 2016 Property Location: 3675 Midiron Dr. (east side of Midiron Dr., between Eagle Dr. and Minnesota Ave., east of Dubsdread Country Club & Golf Course) (parcel # ; ±0.34 acres, District 3). Applicant s Request: The applicant proposes to remove the existing house and construct separate houses on the two (2) originally platted 50 ft. wide lots, where City Code requires a minimum 55 ft. wide lot in the R-1/ T/W zoning district. The property is located in the Dubsdread portion of the College Park neighborhood. Subject Site Staff Recommendation: Denial of the Revert to Plat request. Public Comment: Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of January 4, As of the mail-out of the staff report, staff has received no inquiries relative to the Revert to Plat request. The applicant has provided a petition of support from 14 property owners on Midiron Dr. (no objections so far).

2 Page 2 FUTURE LAND USE MAP MINNESOTA AVE. PUB-REC-INST Dubsdread Golf Course SUBJECT PROPERTY MIDIRON DR. N. FORMOSA AVE. PUB-REC-INST EAGLE DR. Z ONING MAP MINNESOTA AVE. SUBJECT PROPERTY Dubsdread Golf Course EAGLE DR. MIDIRON DR. N. FORMOSA AVE.

3 Page 3 P ROJECT ANALYSIS Project Description The applicant proposes to remove an existing single family house on a double lot and to construct separate houses on the two (2) originally platted 50 ft. wide lots, where Code requires a minimum 55 ft. wide lot in the R-1/T/W zoning district (revert to plat). The property is located in the Dubdread portion of the College Park neighborhood. Previous Actions 1923: Property platted as two (2) 50 ft. wide lots as part of Golfview Subdivision. 1945: Existing 1,390 sq. ft. single-family home and attached carport constructed. 3/2000: Property acquired by current owner. Adjacent uses, zoning and future land use designations are shown in Table 1 below. Direction Future Land Use Zoning Adjacent Uses North Residential Low Intensity (RES-LOW) R-1/T/W (One-Family Residential, Traditional City Overlay, Wekiva Overlay) Single-Family Home (on a 50-ft. wide lot) East RES-LOW R-1/T/W Single-Family Homes (on 75-ft. wide lots) South RES-LOW R-1/T/W Single-Family Home (on a 100-ft. wide lot) West (Across Midiron Dr.) Public- Recreational-Institutional P/W (Public Use, Wekiva Overlay) Dubsdread Golf Course Existing Zoning and Future Land Use The property is designated Residential Low Intensity on the City s Future Land Use Map, and is zoned R-1/T /W (One-Family Residential, Traditional City Overlay, Wekiva Overlay). Aside from the proposed 50-ft. non-conforming lot width, the proposed lots meet Code as illustrated in Table 2 at right. Reversion to Plat T ABLE 1 - PROJECT CONTEXT Table 2 - Development Standards (R-1/T/W) Proposed Use & Lot # Minimum Reqd./Proposed Lot Size (sq. ft.) Lot Dimensions (minimum/ proposed w. difference) Single-Family Homes 6, ft. x 110 ft. Lots 1 & 2 7,500 (each) 50 ft. x 150 ft. (-5 ft. w) LDC Section , Reversion to Original Plat, is as follows: When nonconforming residential lots are shown on a plat recorded prior to February 4, 1959, and any portion of two or more lots have been bound together by any action of a property owner to form a conforming building site, the property shall not be split and so as to revert to the original plat except in accordance with the standards provided in this subsection and the procedures provided in Chapter 65, Part 3G. As mentioned under Previous Actions, the subject property was platted prior to Feb. 4, 1959 as two (2) fifty (50) ft. wide lots and were bound together to form a conforming building site when a single-family house was constructed on the property in LDC Figure FG-1STD1.LDC now requires a minimum 55 ft. wide by 110 ft. deep lot under R-1/T/W zoning. Again, per LDC Section : When an application for a reversion to the original plat is submitted, the applicant shall submit a boundary survey of the existing conditions of the property, conceptual site and landscaping plans, and conceptual elevations for future buildings on the site. As part of the review, the City shall analyze the predominant residential development pattern along both sides of the street on the same block face as the subject property excluding corner lots. A reversion to the original plat may be recommended for approval when more than 50% of the analyzed lots are non-conforming and the proposed reversion conforms to the standards and intent of the Growth Management Plan and Land Development Code. The applicant has provided the requisite boundary survey, conceptual site and landscaping plans and conceptual front elevations for the two (2) proposed single-family homes (see pages 7 & 8 of this report). Staff looked at the prevailing development pattern along the Midiron Dr. block face (mostly east side and small portion of the west side of Midiron Dr.), between Minnesota Ave. and Stymie Pl. (smaller portion on west side of Midiron Dr., between Dubsdread Golf Course and Eagle Dr. (see Table 3 on the following page and map on page 5). Existing lots are generally wider but with smaller houses and reduced livable areas than newer homes in the area.

4 Page 4 Non-conforming Lot Requirements LDC Section , Permitted Uses of Nonconforming Lots, states when a platted residential lot or Lot of Record is non-conforming in lot area, lot width, or lot depth, the following regulations shall apply (staff responses following in bold) A. Height. The maximum building height shall be two (2) -stories. Proposed homes will be story bungalows. B. Floor Area Ratio (FAR). The maximum floor area ratio shall be Proposed FARs will not exceed 0.33 (2,500 sq. ft.). C. Location of Required Parking. All required parking spaces and garage door elevations shall be set back a minimum of five (5) feet from the principal facade of the principal building. For each lot, the combined width of all garage door(s) facing a street shall not exceed fifty percent (50%) of the combined width of all building elevations facing the same street. Garage accessory structures in the rear half of the lot shall not be included in this calculation, except when the garage accessory structure is located on a corner lot and faces a side street. The two (2) lots will have attached garages recessed at least 5 ft. from the principal building facade. D. Appearance Review Required. Appearance Review shall be required pursuant to the requirements and procedures provided in LDC Section E. Modification of Standards Prohibited. Modifications to development standards on nonconforming residential lots under Chapter 65 of this Code are prohibited. Only variances approved by the Board of Zoning Adjustment (BZA) shall be allowed. Table 3 - Midiron Dr. Block Face Comparisons R-1/T/W requires minimum 55 ft. (w) x 110 ft. (d) & 6,000 sq. ft. lot area Proposed House Built Lot Area (sq. ft.) Living Area (sq. ft.) FAR Lot 1 7,500 (50 w x 150 d) 2, Lot 2 Existing (bold signifies non-conforming lot width or depth) ,326.7 (50 w x d) 1, ,000 (80 w x 150 d) 1, ,500 (70 w x 150 d) 2, ,500 (50 w x 150 d) 1, ,500 (50 w x 150 d) 1, ,000 (100 w x 150 d) 1, ,000 (100 w x 150 d) 1, ,500 (50 w x 150 d) 1, ,500 (50 w x 150 d) 3, ,400 (150 w x 76 d) 1, ,500 (50 w x 150 d) 1, ,500 (50 w x 110 d) 1, ,000 (60 w x 150 d) 1, ,950 (50 w x 139 d) ,000 (60 w x 150 d) 1, ,500 (50 w x 150 d) 1, ,000 (60 w x 150 d) ,000 (60 w x 150 d) 1, ,000 (60 w x 150 d) ,900 (66 w x 150 d) ,050 (67 w x 150 d) ,050 (67 w x 150 d) ,500 (50 w x 150 d) 1, ,000 (60 w x 150 d) 1, ,750 (70 w x 125 d) Per Table 3 above, there are twenty-five (25) lots Averages 8,453 sq. ft. 1,398 sq. ft on the Midiron Dr. block face, with 14 conforming lots meeting the minimum 55 ft. lot width and 110 ft. lot depth requirements for R-1T/W zoning (58%). There are 11 nonconforming lots that fail to meet either the minimum lot width or lot depth, for only 44% of the block face occupied by nonconforming lots. Per the criteria of LDC Section , Planning staff cannot support a Revert to Plat application when less than 50% of the lots are nonconforming in regard to width, depth or area. Relative to neighborhood compatibility, Growth Management Plan (GMP) Policy of the Future Land Use Element (FLUE) states In its consideration of land development applications and final development orders, the City shall protect viable and stable neighborhoods from uses not in keeping with their established character and use. The City's Land Development Regulations shall include standards which protect such neighborhoods from uses not in keeping with their established character and use, such as landscaping and buffering requirements, building height and bulk restrictions, and standards requiring setbacks and separation between uses. Staff interprets this policy as not supportive of the revert to plat request. The applicant has provided a proposed site and landscaping plan and front elevations for the two (2) new homes, should the revert to plat be approved. support letters and a statement from the applicant have also been provided (at the end of the report). School Impacts - The revert to plat would re-establish an additional residential lot, and the addition of a new dwelling unit would result in a negligible increase to area school capacity. Thus, no further school impact analysis is needed.

Page 5 Findings/Recommendation The request is not consistent with the requirements for approval of a Revert to Plat as contained in LDC Section 58.

The revert to plat would not have a significant adverse impact on the public interest; 3.

In terms of hardship, the existing home could be rehabilitated or modified/enlarged without having to go through the revert to plat process.

In the event that the Board determines otherwise, backup conditions are provided at the MINNESOTA AVE. end of this staff report.

5 Page 5 Findings/Recommendation The request is not consistent with the requirements for approval of a Revert to Plat as contained in LDC Section , per the findings below: 1. The revert to plat request is NOT consistent with the purpose and intent of the Code nor with the City s adopted GMP; 2. The revert to plat would not have a significant adverse impact on the public interest; 3. The revert to plat would not overburden or otherwise adversely impact public facilities; and 4. In terms of hardship, the existing home could be rehabilitated or modified/enlarged without having to go through the revert to plat process. Based on the information provided in the staff report and the findings noted above, staff recommends denial of the 3675 Midiron Dr. Revert to Plat. In the event that the Board determines otherwise, backup conditions are provided at the MINNESOTA AVE. end of this staff report. M IDIRON BLOCK FACE Summary - 25 lots on the block face, with 11 (44%) lots nonconforming, not meeting Revert to Plat criterion for staff support. SUBJECT PROPERTY Dubsdread Golf Course signifies lot with nonconforming width or depth G OOGLE SITE PHOTO EAGLE DR. These properties are NOT on the Midiron block face MIDIRON DR. These properties are NOT on the Midiron block face N. FORMOSA AVE. STYMIE PL. Existing home at 3675 Midiron Dr.

6 Page SURVEY A ERIAL PHOTO SUBJECT PROPERTY

7 Page 7 P ROPOSED SUBDIVISION PLAN A PPLICANT-INITIATED I MPROVEMENTS

8 Page 8 P ROPOSED FRONT ELEVATIONS

9 Page 9 CONDITIONS OF APPROVAL - REQUIRED (If Recommended for Approval by the Board) Land Development 1. Maximum FAR - In order for the proposed houses to blend with the existing neighborhood development pattern, the maximum living area of the houses, as provided in this report, shall not exceed 2,500 sq. ft. living area (FAR of 0.33). 2. Nonconforming Lots - The garages for both units shall be attached but recessed at least 5 ft. behind the principle building facade, per the site plan provided within this report (said garages may also be detached and located in the rear yard, compliant with the Code requirement). 3. Consistency with Staff Report - Building permits shall match the general development plan and building elevations for the two (2) new homes provided in this staff report, with the exception that detached garages located in the rear yard may also be allowed in lieu of attached recessed garages. Modifications to the site plan not meeting Code shall require approval of a variance prior to permitting. 4. Appearance Review - Since the properties are in the Traditional City Overlay and will be nonconforming lots, an Appearance Review shall be conducted at time of permitting to ensure that the proposed homes are generally consistent with the site plan and front elevations provided in the report. Permitting - Stormwater retention shall be provided on-site per the City s Engineering Standards Manual (ESM). Transportation Impact Fees - An estimated Transportation Impact Fee in the amount of $7,636, based on the construction of a new 2,500 sq. ft. (living area only) single family residential unit, will be due at the time of building permit issuance, subject to change upon final permit plan review. Any exemptions or credits against the Transportation Impact Fee must be reviewed prior to permit issuance. Credit for the existing house shall be available. Wastewater - All sanitary sewer construction shall be in accordance with the ESM. One lateral is required for each lot (a double wye is unacceptable, per Section (J) of the ESM). Verify with the Wastewater Division that a sewer lateral will be available for connection of all newly created lots. INFORMATIONAL (pertains more to development/permitting of the new uses) Land Development Except as provided herein, the proposed revert to plat and subsequent site redevelopment is subject to all codes and ordinances of the State of Florida, City of Orlando, and all other applicable state regulatory agencies. All applicable state or federal permits must be obtained before commencing redevelopment of the site. CONTACT INFORMATION Land Development For questions, contact Jim Burnett at or at james.burnett@cityoforlando.net. Transportation Planning & Transportation Impact Fees For questions, contact Nancy Ottini at or at nancy.ottini@cityoforlando.net. Urban Design For questions, contact Jason Burton at or at Jason.burton@cityoforlando.net. Growth Management For questions, contact Wes Shaffer at or at Thomas.shaffer@cityoforlando.net. R EVIEW/APPROVAL PROCESS-NEXT STEPS 1. Following the MPB meeting, the City Council will review and approve the MPB meeting minutes on Monday Feb. 29, Following the City Council approval of the MPB meeting minutes, the applicant can apply for a demolition permit and request a lot split through the Orange Co. Property Appraiser s (OCPA) Office. Building permits for the two (2) new homes for the two (2) new homes can then be requested.

Midiron Drive has many homes that have fallen under disrepair and the street has open ditches for storm water drainage.

10 Page 10 M ATERIALS PROVIDED BY THE APPLICANT Exclusive Collection Fine Homes LLC proposes a revert to plat for 3675 Midiron Dr. Midiron Drive is located in front of the historic Dubsdread Golf Course and is one of the last streets in the area in need of rejuvenation. Midiron Drive has many homes that have fallen under disrepair and the street has open ditches for storm water drainage. Exclusive Collection Fine Homes LLC would like to help improve Midiron Drive by building two new homes across the street from the Dubsdread Golf Course. We are also proposing replacing 100 ft. of open storm water drainage with underground storm water drainage located at 3675 Midiron Dr. All utilities for the two new homes will be ran underground to help improve the overall appearance on Midiron Drive. On Lots 54 & 55, we propose to revert back to the original plat by splitting the 100-ft. wide property into two (2) 50 ft. wide x 150 ft. deep properties with a total square footage of 7,500 each. Each new home will be 2500 square feet or less with a Floor Area Ratio (FAR) of 0.33 or less. In order to blend with the existing neighborhood, the homes will be either single story or one and a half (1.5) story high. We have also designed the homes to have front porches with the garages set back eight feet from the front elevation of the home. Our research found that 3617 & 3609 Midiron Dr. were once a 100-ft. property that was previously reverted to the original plat forming two properties. 43 Nonconforming Lots Within 1 Block of the Property N EIGHBORS IN SUPPORT Address Name Lot Width Notes 3510 Midiron Luke K. (rental) na (Not on block face) 3511 Heather Vallejo 50 ft Ryan Raines 66 ft Kristy Larkin 60 ft. (rental) 3599 John Telesphorus 60 ft Nicklaus (rental) na (Corner lot) 3602 Debbie Enlow 50 ft Denise Griffith 50 ft Randy Daniels 50 ft Clay Delaney 76 ft. depth 3605 Chase Judge 60 ft. Address Name Lot Width 3617 Midiron Harry Whittaker 50 ft Meirger 80 ft.

NIBLICK WAY REVERT TO PLAT S UMMARY. SUB Item #11. Staff Report to the Municipal Planning Board August 18, 2015

NIBLICK WAY REVERT TO PLAT S UMMARY. SUB Item #11. Staff Report to the Municipal Planning Board August 18, 2015 Staff Report to the Municipal Planning Board August 18, 2015 SUB2015-00037 Item #11 319 NIBLICK WAY REVERT TO PLAT DUBSDREAD CIR. NIBLICK WAY PUTTER LN. N. FORMOSA AVE. DUBSDREAD CIR. Location Map S UMMARY