Staff Report to the Municipal Planning Board May 17, 2016 SUB2016-00020 Item #16 APPEL REVERT TO PLAT Location Map S U M M A RY Applicant Jason and Sherreen Appel Owner Sherreen Appel Project Planner Jacques Coulon Updated: May 9, 2016 Property Location: 15 W New Hampshire Ave. (north side of W New Hampshire St., east of Amherst Ave, west of Depauw Ave.), parcel #14-22-29-3924-00-400; ±0.35 acres, District 3). Applicant s Request: The applicant proposes to remove the existing house and construct separate houses on the two (2) originally platted 52.8 ft. wide lots, where City Code requires a minimum 55 ft. wide lot in the R-1/ T/W/RP & R-1/T/W zoning district. The property is located in 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 during the week of May 2, 2016. As of the published date of this report, staff has not received public comment.
Depauw Ave Dormont Ln Amherst Ave Depauw Ave Depauw Ave Dormont Ln Depauw Ave Amherst Ave Page 2 FUTURE LAND USE MAP W Vanderbilt St E Vanderbilt St SUBJECT PROPERTY R-1/T/W R-1/T/W/RP W New Hampshire St R-1/T E New Hampshire St Z O N I N G MAP RES-LOW/ RES-PRO W Vanderbilt St E Vanderbilt St RES-LOW SUBJECT PROPERTY W New Hampshire St E New Hampshire St RES-LOW
Page 3 P R O JECT ANALYSIS Project Description The applicant proposes to remove an existing single family house on a double lot to construct separate houses on the two (2) originally platted 52.8 ft. wide lots, where Code requires a minimum 55 ft. wide lot in the R-1/T/W/RP zoning district (revert to plat). The property is located in the College Park neighborhood. Previous Actions 1926: Property platted as two (2) 52.8 ft. wide lots as part of the Ivanhoe Square Subdivision. 1942: Existing 2,489 sq. ft. single-family home with attached one car garage constructed. 04/2011: Property acquired by current owner. Adjacent uses, zoning and future land use designations are shown in Table 1 below. T A B L E 1 - P R O J E C T C O N T E X T Direction Future Land Use Zoning Adjacent Uses North Residential Low Intensity (RES-LOW) & Residential Low Intensity/Resource Protection Overlay (RES-LOW/RES- PRO) R-1/T/W (One-Family Residential, Traditional City, Wekiva Overlays) & R-1/T/W/RP (One-Family Residential, Traditional City, Wekiva, Resource Protection Overlays) Single Family Home East RES-LOW R-1/T/W Single-Family Home South (Across W New Hampshire St.) RES-LOW (Across W New Hampshire St.) R-1/T (One- Family Residential, Traditional City Overlay) Single-Family Home West RES-LOW/RES-PRO R-1/T/W/RP Single-Family Home 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/RP (One-Family Residential, Traditional City, Wekiva, Resource Protection Overlays). Aside from the proposed 52.8-ft. nonconforming lot width, the proposed lots meet Code as illustrated in Table 2 at right. Proposed Use & Lot # Table 2 - Development Standards (R-1/T) Minimum Reqd./Proposed Lot Size (sq. ft.) Lot Dimensions (minimum/ proposed w. difference) Single-Family Homes 6,000 55 ft. x 110 ft. Lot 40 7,501 52.8 ft. x 143.7 ft. (-2.2 ft. w) Lot 41 7,501 52.8 ft. x 143.7 ft. (-2.2 ft. w) Reversion to Plat LDC Section 58.1152, 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 2 (52.8) ft. wide lots and were bound together to form a conforming building site when a single-family house was constructed on the property in 1942. LDC Figure FG-1STD1.LDC now requires a minimum 55 ft. wide by 110 ft. deep lot under R-1/T/W/RP zoning. Again, per LDC Section 58.1152: 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 plan and conceptual front elevations for the two (2) proposed single-family homes (see pages 8 through 13 of this report). Staff looked at the prevailing development pattern along
Page 4 W New Hampshire St. between Gerda Ter. and Depauw Ave. (See Table 3 below). A total of 9 lots were analyzed and staff found that the average Floor Area Ratio (FAR) for the neighborhood is 0.27; with an average lot width of 82 ft. and depth of 123 ft.. Out of the 9 lots on the block face only 3 are nonconforming in either width or depth. While staff cannot recommend approval of the revert to plat application staff does not feel that the reverted lots and associated homes would be out of place in the neighborhood. Non-conforming Lot Requirements LDC Section 58.1152, 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 2 stories each. B. Floor Area Ratio (FAR). The maximum floor area ratio shall be 0.50. Proposed FARs; both lots are currently shown as 0.37 (2,820 sq. ft.); staff has no concern with the proposed 0.37 FAR and recommends both buildings at 0.37 FAR (2,820 sq. ft.) as they will match the surrounding neighborhood. Table 3 - W New Hampshire St. Block Face Comparisons R-1/T requires minimum 55 ft. (w) x 110 ft. (d) & 6,000 sq. ft. lot area House Living Area Garage Address Lot Area (sq. ft.) FAR Built (sq. ft.) Location Lot 40 7587.36 (52.8 w x 143.7 d) + 2,820 0.37 Recessed Lot 41 7587.36 (52.8 w x 143.7 d) + 2,800 0.37 Rear Existing (bold signifies non-conforming lot width or depth) 15 1942 15,171 (105.6 w x 143.7 d) 2,489 0.16 Recessed 19 1945 7,585 (52.8 w x 143.7 d) 3,744 0.49 Projecting 23 1945 11,441 (84.48 w x 143.7 d) 1,485 0.13 Flush 14 1952 9,464 (80 w x 116.54 d) 2,607 0.28 Flush 20 1955 9,396 (80 w x 116.54 d) 2,278 0.24 Flush 30 1956 9,335 (80 w x 116.54 d) 3,687 0.39 Flush 32 1954 9,326 (80 w x 116.54 d) 2,271 0.24 Flush 100 1954 8,678 (80 w x 108 d) 2,492 0.29 Flush 106 1966 10,228 (102.17 w x 100 d) 2,028 0.20 Flush Average 10,069 2,565 0.27 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. Lot 41 will have a rear, detached garage and lot 40 will have an attached garage which is proposed to be recessed 5 ft. from the principal building façade for a total of 35.9 ft. from the street. D. Appearance Review Required. Appearance Review shall be required pursuant to the requirements and procedures provided in LDC Section 62.300. 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. Per Table 3 above, there are nine (9) lots on the W New Hampshire St. block face; six (6) of the nine (9) lots are conforming, meeting the minimum 55 ft. lot width and 110 ft. lot depth requirements for R-1T/W/RP zoning (67%). There are three (3) nonconforming lots (33%). As less than 50% of the lots are non conforming in regard to width, depth, or lot area this application does not meet the criteria set forth in LDC Section 58.1152. Relative to neighborhood compatibility, Growth Management Plan (GMP) Policy 1.1.1 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 supportive of the revert to plat request as it is keeping with the established character and use of the existing neighborhood. 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.
Page 5 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. Findings/Recommendation The request is not consistent with the requirements for approval of a Revert to Plat as contained in LDC Section 58.1152, per the findings below: 1. The revert to plat request is not consistent with the purpose and intent of the Code and 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 Based on the information provided in the staff report and the findings noted above, staff recommends denial of the 15 W New Hampshire St. Revert to Plat. In the event that the Board determines otherwise, backup conditions are provided at the end of this staff report. W New Hampshire St. Block Face Summary - 9 lots along the blockface of W New Hampshire St., with 3 (33%) homes developed on nonconforming lots in the R-1/T/W and R-1/T/W/RP zoning district, this does not meet Revert to Plat criterion for staff support. Approval and redevelopment with two new homes would create 4 nonconforming lots, for 4 out of 10 (40%) non-conforming lots developed with homes. G O O G LE SITE PHOTO View from W New Hampshire St. Looking North at Existing Home
Page 6 A E R IAL PHOTO SUBJECT PROPERTY
Page 7 E X ISTING BOUNDARY SURVEY
Page 8 P R OPOSED SUBDIVISION AND SITE PLAN Lot 41 Lot 42 W. New Hampshire Ave.
Page 9 P R OPOSED ELEVAT IONS LOT 41
Page 10 P R OPOSED ELEVAT IONS LOT 41
Page 11 P R OPOSED ELEVAT IONS LOT 42
Page 12 P R OPOSED ELEVAT IONS LOT 42 Front Elevation From a Completed Project
Page 13 CONDITIONS OF APPROVAL - REQUIRED Land Development 1. Maximum FAR - In order for the proposed houses to blend with the existing neighborhood development pattern, the maximum living area of each house, as provided in this report, shall not exceed 2,820 sq. ft. living area (FAR of 0.37) per site. 2. 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. Modifications to the site plan not meeting Code shall require approval of variance prior to permitting. 3. The home on Lot 41 shall be set back 30 ft. from the front property line so that three properties in a row will not stick out in front of the other existing residences and to better match the existing setback for other homes on the block. 4. Permits shall be required for the removal of any trees per LDC Sec. 60.209 Urban Design 1. The Community Planning studio recommends that the houses proposed on the properties be limited to 0.37 FAR. City Surveyor 1. The Boundary Survey will need to be submitted as a hard copy signed and sealed Transportation Planning 1. Lot 41 use of gravel must be modified to either a crushed stone, mulch, or sod. INFORMATIONAL 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. Urban Design The elevations will require appearance review; it is preferred that a traditional city style is selected and reviewed as part of an appearance review prior to the permitting process. Within the neighborhood of Orwin Manor, the predominant character of surrounding properties typically have generous setbacks of 30 to 50 feet (rather than the minimum setback of 25-ft), and limited heights of single or one-and-a-half stories. At the time of permitting, an appearance review shall be conducted to ensure that the properties comport with the elevations proposed in the staff report (if approved) and are subject to the appearance review of a non-conforming lot (and other development standards for recessed garages, etc.). Police The Orlando Police Department has no objections to the revert to plat request for Lake Highland Homes located at 500 E. Marks St. A CPTED plan review is not applicable to this project at this time. We encourage developers and property owners to incorporate CPTED strategies in their projects. A brochure entitled Crime Prevention Through Environmental Design, Your Guide to Creating a Safe Environment, which includes crime prevention techniques for various land uses, is available by email. Building Building Plan Review is not applicable to this case at this time.
Page 14 Fire There are no objections to this request. Be advised that any new construction must adhere to the requirements of the Florida Fire Prevention Code, 2012 Edition, and The City of Orlando Fire Prevention Code. TRC fire code review is preliminary in nature, and is intended to expose or prevent evident design deficiencies with State and City Fire Codes. The design will be reviewed in detail for State and City Fire Code compliance at the time of permit application. Growth Management The Comprehensive Planning Studio has no objections to this request. OUC Water Regarding requests to establish new or modify existing electric, water or convenient lighting services. Please be advised that OUC approval is subject to respective reviews and approval by OUC Water, Electric and Lighting. Please submit detailed utility construction plans to OUC's Development Services email address: DevelopmentServices@ouc.com Additionally, please refer to the OUC Pre-Application Checklist for City of Orlando Permits. Waste Water Each newly created lot shall have its own lateral connection to the sanitary main. CONTACT INFORMAT I ON Building For questions regarding Building Plan Review issues contact Don Fields at (407) 246-2654 or don.fields@cityoforlando.net. Growth Management For questions, contact Wes Shaffer at 407-246-3792 or at Thomas.shaffer@cityoforlando.net. Land Development For questions, contact Jacques Coulon at 407-246-3427 or at jacques.coulon@cityoforlando.net. Police For questions regarding Orlando Police Department plan reviews or to obtain a copy of the brochure, contact Audra Nordaby at 407.246.2454 or Audra.Nordaby@cityoforlando.net. Survey If you have any questions, please do not hesitate to contact Ken Brown at 407.246.3812 or at ken.brown@cityoforlando.net; or contact Richard Allen at 407.246.2788 or at Richard.allen@cityoforlando.net. Transportation Planning & Transportation Impact Fees For questions, contact Nancy Ottini at 407-246-3529 or at nancy.ottini@cityoforlando.net. Urban Design For questions, contact Terrance Miller at 407.246.3292 or at Terrence.Miller@cityoforlando.net. R E V I E W /AP P R O VA L PROCESS-NEXT STEPS 1. Minutes from the May 17, 2016 Municipal Planning Board (MPB) meeting are scheduled for review and approval by City Council on Monday, June 13, 2016. 2. Building permits may be submitted following the MPB meeting but cannot be approved until the City Council approves the May 17 MPB meeting minutes and the Council minutes are posted. 3. 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.