Meeting of 11/9/16 Subdivision/Replat Petition 16-SD3 CITY OF NAPLES STAFF REPORT To: Planning Advisory Board From: Planning Department Subject: Subdivison/Replat Petition 16-SD3 Petitioner: Matthew Grabinski, Trustee Cambier Property Holdings, LLC Agent: John M. Passidomo Date: October 31, 2016 REQUEST: Consideration of a Resolution determining Subdivision/Replat Petition 16- SD3 for preliminary and final subdivision approval to replat Lot 5, Block 3 Spring Lake Replat to create a two lot zero lot line development known as Cambier Court Replat located at 600-658 7 th Ave South and 760 Park Street. STAFF RECOMMENDATION: Staff has applied the subdivision/replat and zero lot line standards to this petition request and concludes that the standards have been met. Therefore Staff recommends approval of Preliminary and Final Subdivision/Replat Petition 16-SD3. LOCATION: 600-658 7 th Avenue South & 760 Park Street SIZE OF PARCEL: 0.33 acres/ 14,400 square feet EXISITING LAND USE: Residential CURRENT ZONING: R3-12 Multifamily District PENDING AND/OR SUBSEQUENT ACTION: The Planning Advisory Board will hold a public hearing on this petition at its meeting held on Wednesday November 9, 2016. At the close of the public hearing, the PAB will make a recommendation to the City Council. The City Council is scheduled to consider PAB s recommendation at their meeting held on Wednesday December 21, 2016, with final action taken by resolution. PUBLIC NOTIFICATION: On October 26, 2016 a total of 85 letters were mailed to all property owners within 500 feet of the subject property. As of the date of this report, Staff
has received one email requesting copies of the petition and all related documents which were provided electronically. AERIAL OF SUBJECT PROPERTY: Subject Property ZONING MAP: Subject Property
SURROUNDING PROPERTIES: North South East West Zoning R3-12 R3-12 R1-7.5 & PS R3-12 Land Use Multifamily Multifamily Single Family Lois Selfon Park Future Land Use Residential Medium Density Residential Medium Density Recreation Residential Medium Density COMPREHENSIVE PLAN: The subject property is designated Residential Medium Density on the Future Land Use Map (FLUM) of the Comprehensive Plan. Residential Medium Density areas designated on the Future Land Use Map are intended to accommodate single- and multi-family residential densities of up to a maximum of twelve (12) dwelling units per net acre. Residential housing types in these areas may include traditional single-family detached, cluster, and low profile multi-family structures. Medium density residential areas encourage the concentration of residential units with less open space per occupant than low density residential areas and may accommodate either transient, seasonal, or permanent residents, depending on the location. The following policies of the Comprehensive Plan apply to variance request 16-SD3: Policy 1-2: Unless otherwise permitted in the Comprehensive Plan, new development, redevelopment and reuse shall be consistent with the permitted use and density/intensity of each designation. The proposed residential use once the density covenant has been completed - is consistent with the permitted uses and density/intensity of the Residential Medium Density land use designation. Policy 1-3: Preserve and protect stable residential neighborhoods through development practices that promote compatibility and consistent character. The proposed subdivision/replat will continue to preserve the residential nature of the existing neighborhood. The subdivision is compatible and consistent with the neighborhood character. Policy 5-2: Development shall be consistent with standards for subdivisions (regulating platting, design standards, and improvement requirements) signs (regulating size, height, location and number) and stormwater management (regulating quantity and quality of stormwater runoff). The proposed subdivision/replat is consistent with standards for subdivisions and stormwater management. No signage is proposed for the site.
FUTURE LAND USE MAP: Subject Property PROPOSED REPLAT: The petitioner is requesting preliminary and final plat approval for the subdivision/replat of Lot 5, Block 3 Spring Lake Re-plat recorded in Plat Book 4 Page 1 creating a perimeter plat for a two-lot, zero-lot-line development. The property is zoned R3-12 and the perimeter plat meets minimum lot width and area requirements for the district. BACKGROUND: The subject property is part of a five lot subdivision that is known as Cambier Court. At the time the first building was built for Cambier Court the allowable density would have provided for the development of Lot 5. The property was later rezoned and the allowable density for the property was reduced. The second building with eight units was later constructed which maximized the density for Cambier Court at 16 consistent with the allowable density of 12 units per acre.
Lot 5, while undeveloped and vacant, is currently part of the larger Cambier Court condominium development and its land area contributes to the land area required to allow 16 units in the existing development. The intent is to split Lot 5 from the condominium association to be developed as a zero lot line subdivision. However, this action would render the original Cambier Court development, with its 16 units, noncompliant with the allowable density. The Future Land Use and Zoning designations limit density to 12 units per acre. To remedy this and ensure that the development of Lot 5 does not result in an overall net increase of density above the maximum allowable density for this parcel, the condominium will reduce the number of units on its property from 16 to 14. This will allow for 2 units of density to be transferred to Lot 5. This will be memorialized in a density covenant that will be recorded and run with the land as encumbrance on both the condominium and Lot 5. This insures that development on the existing Lot 5 will never exceed two dwelling units and development on the condominium parcel will not exceed 14 dwelling units. This is necessary because the land area of Lot 5 would allow a greater number of units at 12 units per acre and a portion of that parcel would be necessary to allow the 14 units on the remaining condominium parcel. CRITERIA AND STANDARDS Subdivision/Replat The petitioner has submitted a request for the replat of an existing lot to create a perimeter plat for a zero lot line development. Section 54-4(b) of the Naples Land Development Code allows for the approval of a subdivision in instances where the established criteria for approval are satisfied. A review of the petition in light of the required criteria is provided for your consideration. The applicant s response to each of the criteria is provided within the applicant s petition. (1) The subdivided plat complies with the provisions of this Code and any applicable provisions of the comprehensive plan and this Code; The proposed subdivision is consistent with the objectives and policies of the Comprehensive Plan and compliant with the basic zoning requirements including access and frontage. The proposed subdivision/replat is also compliant with Code Section 54-7 relating to zero lot line subdivisions. A more specific review based upon Section 54-7 will follow. (2) The subdivided plat, by itself or in combination with an adjacent parcel of land under common ownership or control, abuts a public street or a city councilapproved vehicular access easement which provides the exclusive means of access to the subdivided plat; Both lots in the proposed subdivision have direct vehicular access to Park Street. (3) The subdivided plat, by itself or in combination with an adjacent parcel of land under common ownership or control, meets the criteria for approval under section 54-31 for a subdivision plat of the subdivided plat, whether or not the
entire original tract is then seeking or has previously obtained approval under section 54-31 for a subdivision plat; The proposed plat is in compliance with Code Chapter 54 and Florida Statute 177. (4) The only portion of the entire original tract for which a permit is then being requested in conjunction with a petition for approval under section 54-31 for a subdivision plat is the subdivided plat; and The proposed subdivision/replat is consistent with this statement. (5) The portion of the entire original tract for which approval under section 54-31 for a subdivision plat is not then being sought or has not previously been obtained abuts a public street or a city council-approved vehicular access easement. No action is requested for any other portion of the original tract beyond the subject property. The proposed subdivision/replat will not affect the access of any other parcels. Zero Lot Line Subdivisions Properties within multi-family districts and planned development districts may be subdivided such that individual attached or detached dwelling units may maintain a zero foot side yards internal to the development provided that the following criteria are met: (1) A perimeter platted lot line shall be established. A perimeter platted lot line will be established through this plat. (2) The development shall meet the minimum yard requirements for the district to the perimeter platted lot line. The proposed development will meet the minimum yard requirements of a 25 foot front yard, 20 foot rear yard, and 10 foot side yard from the perimeter platted lot line. (3) Parking and density requirements for the development shall be calculated based on the property within the perimeter platted lot line. The parking and density meet these requirements. (4) Each individually platted lot within the perimeter platted lot line shall have direct access to a public or private platted street. Access through an alley or driveway easement shall not be sufficient to meet this requirement. Each lot will have direct access to Park Street. (5) The plat dedication language shall include joint and individual easements and responsibilities. The plat cover sheet references the associated Declaration of Covenants and Deed Restrictions.
(6) A plat note shall provide identification of specific covenants or deed restrictions and provide recorded reference on the plat prior to recording the plat. The cover sheet of the plat contains a notice that Declaration of Covenants and Deed Restrictions recorded in Official Records Book Pages of the public records of Collier County, Florida. (7) The covenant and deed restriction shall provide for the following: a. Joint and individual ownership responsibilities and liabilities. b. Easements as necessary for maintenance, drainage, access and parking. c. Joint permitting approvals. d. Building footprint controls. e. A specific conflict resolution process that does not require the involvement of the city. f. Density controls. g. City approval of amendments to or termination of the covenants or deed restrictions pertaining to this paragraph. The Declaration of Covenants and Deed Restrictions address each of these items. DEPARTMENTAL REVIEW: The proposed subdivision/replat petition has been reviewed by all applicable City departments. All responses are attached to this report. FINDINGS: Staff has reviewed the petitioner s application against the applicable criteria and recommends approval of the request for Preliminary and Final Subdivison/Replat Petition 16-SD3. Respectfully submitted, Leslee Dulmer Planner II