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 Applicant Kim Foy Southern Traditions Dev., Inc. Owner William Cole, Jr., Coledev, LLC Project Planner Jim Burnett, AICP Updated: August 10, 2015 Property Location: 319 Niblick Way (north side of Niblick Way., between Dubsdread Cir. and Putter Ln., north of Dubsdread County Club & Golf Course) (parcel #11-22-29-3056- 16-300; ±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 Code requires a minimum 55 ft. wide lot in the R-1/T/W zoning district. The property is located in the Dubdread 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 August 3, 2015. As of the mail-out of the staff report, staff has received no inquiries relative to the Revert to Plat request. The applicant has received several letters of support from other property owners on Niblick Way (no objection letters so far).
Page 2 FUTURE LAND USE MAP SUBJECT PROPERTY PUB-REC-INST PUB-REC-INST Z ONING MAP SUBJECT PROPERTY
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. 1951: Existing 1,655 sq. ft. split level single-family home and attached 2-car garage constructed. 4/2015: 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 Homes East RES-LOW R-1/T/W Single-Family Home (on a 50-ft. wide lot) South (Across Niblick Way) RES-LOW 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 (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 # R-1/T/W Minimum Reqd./Proposed Lot Size (sq. ft.) Single-Family Home (on a nonconforming lot) West RES-LOW R-1/T/W Single-Family Home (on a 50-ft. wide lot) Lot Dimensions (minimum/ proposed w. difference) Single-Family Homes 6,000 55 ft. x 110 ft. Lots 1 & 2 7,500 (each) 50 ft. x 150 ft. (-5 ft. w) 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 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 1951. 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 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 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 Niblick Way block face (north and south sides of Niblick Way), between Dubsdread Cir. and Putter Ln. (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.
Page 4 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- story bungalows. B. Floor Area Ratio (FAR). The maximum floor area ratio shall be 0.50. Proposed FARs will be between 0.29 to 0.35. 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 detached garages located in the rear yards. D. Appearance Review Required. Appearance Review shall be required pursuant to the requirements and procedures provided in LDC Section 62.300. Table 3 - Niblick Way 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 0.29-7,500 (50 w x 150 d) 2,200-2,600 Lot 2 0.35 Existing (bold signifies non-conforming lot width or depth) 401 Niblick 1920 (apts.) 14,750 (125 w x 118 d) 5,589 sq. ft. 0.40 381 1964 13,296 (101.5 w x 131 d) 2,064 0.15 377 1995 10,976 (75.7 w x 145 d) 4,204 0.38 375 1947 11,250 (75 w x 150 d) 847 0.07 351 2012 7,500 (50 w x 150 d) 2,323 0.31 319 1951 15,000 (100 w x 150 d) 1,655 0.11 317 1949 7,500 (50 w x 150 d) 1,210 0.16 315 1950 7,500 (50 w x 150 d) 1,012 0.13 313 1949 9,300 (62 w x 150 d) 1,892 0.20 311 1952 13,200 (88 w x 150 d) 1,332 0.10 309 1948 7,500 (50 w x 150 d) 1,965 0.26 305 1948 7,500 (50 w x 150 d) 966 0.13 303 1948 7,500 (50 w x 150 d) 1,092 0.14 310 1950 7,500 (75 w x 100 d) 1,159 0.15 320 1951 12,642.5 (65 w x 194.5 d) 2,106 0.17 330 1951 15,696 (96 w x 163.5 d) 1,081 0.07 340 1950 7,897.5 (65 w x 121.5 d) 1,206 0.15 350 1950 12,587 (169.3 w x 74.5 d) 1,363 0.11 Averages 10,805.8 sq. ft. 1,837 sq. ft. 0.17 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 eighteen (18) lots on the Niblick Way block face, with 10 conforming lots meeting the minimum 55 ft. lot width and 110 ft. lot depth requirements for R-1T/W zoning (55%). There are 8 non-conforming lots that fail to meet either the minimum lot width or lot depth, for only 44% of the block face occupied by non-conforming lots. Per the criteria of LDC Section 58.1152, 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 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 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. Two (2) 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 diminimus 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 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
Page 5 4. In terms of hardship, the existing home could be rehabilitated or modified as easily (cost effectively) as it could be demolished and two (2) new homes established on the property via the proposed revert to plat. Based on the information provided in the staff report and the findings noted above, staff recommends denial of the 319 Niblick Way Revert to Plat. In the event that the Board determines otherwise, backup conditions are provided at the end of this staff report. N IBLICK BLOCK FACE SUBJECT PROPERTY These properties are NOT on the Niblick block face Apartments signifies lot with nonconforming width or depth Dubsdread Golf Course Summary - 18 lots on the block face, with 8 (44%) lots non-conforming, not meeting Revert to Plat criterion for staff support. S ITE PHOTO Existing home at 319 Niblick Way
Page 6 2014 SURVEY A ERIAL PHOTO SUBJECT PROPERTY
Page 7 P ROPOSED SUBDIVISION PLAN 5 ft. 5 ft. 6 ft. 6 ft. 2 ft. 2 ft. 34 ft. 34 ft. 8 ft. 2,200 2,600 sq. ft. 8 ft. 2,200 2,600 sq. ft. 150 ft. 6 ft. 6 ft. 8 ft. front porch 8 ft. front porch 25 ft. 25 ft. 50 ft. 50 ft.
Page 8 P ROPOSED FRONT ELEVATIONS
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 2,600 sq. ft. living area (FAR of 0.35). 2. Nonconforming Lots - The garages for both units shall be detached, per the site plan provided within this report. 3. Consistency with Staff Report - Building permits shall match the 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 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 home are 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). 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 407-246-3609 or at james.burnett@cityoforlando.net. Transportation Planning For questions, contact John Rhoades at 407-246-2293 or at john.rhoades@cityoforlando.net. Urban Design For questions, contact Jason Burton at 407-246-3389 or at Jason.burton@cityoforlando.net. Growth Management For questions, contact Michelle Beamon at 407-246-3145 or at michelle.beamon@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 Sept. 15, 2015. 2. 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.
Page 10 M ATERIALS PROVIDED BY THE APPLICANT PG. 1
Page 11 M ATERIALS PROVIDED BY THE APPLICANT PG. 2
Page 12 M ATERIALS PROVIDED BY THE APPLICANT PG. 3
Page 13 M ATERIALS PROVIDED BY THE APPLICANT PG. 4 (at west end of Niblick, on conforming lot - staff)
Page 14 M ATERIALS PROVIDED BY THE APPLICANT PG. 5 Letters of support (see updated list below) X corner lots not allowed Non-conforming lot width or depth Non-conforming use S UPPORT LETTERS Address Name Lot Width 300 Niblick Betty Meldrum (corner lot) 309 Niblick Scott Atkins 50-ft. 311 Niblick John McKinney 50-ft. 313 Niblick Maryann Peeples 62-ft. 330 Niblick Melinda Charles 96-ft. 340 Niblick Richard Schultz 65-ft. 351 Niblick Catherine Murray 50-ft. Wants +2,400 sq. ft. house (her house is similar size) 377 Niblick Hanan Lutfi 75.7-ft. 381 Niblick Jonathan Burgiel 101.5-ft.