THE WHITE H - Orlando · 2017. 11. 4. · request. Of the 6,422 gross sq. ft. residence, the...

Property Location: 2001 Hamilton Ln. (01-23

-29-4048-00-161; South of E. Kaley St., east of

Hamilton Ln., west of S. Summerlin Ave. and

north of E. Harding St.) (±0.21 acres, District 4)

Applicant’s Request:

Conditional Use Permit request to allow for a

Public Benefit use, specifically art foundation

activities, in an existing single-family residence.

S U M M A RY

Location Map Subject Site

Staff Report to the

Municipal Planning Board

Apri l 19 , 2016

C U P 2 0 1 6 - 0 0 0 0 4

I T E M #2

Staff’s Recommendation:

Approval of the request, subject to the conditions

in this report.

Public Comment

Courtesy notices were mailed to property owners

within 300 ft. of the subject property during the

week of April 4, 2016. As of the published date of

this report, staff has received no inquiries from

the public.

Updated: April 11, 2016

Owner

Benoit Glazer

Applicant

Mary Solik, Esq.

Project Planner

Michaëlle Petion, AICP

THE WHITE HOUSE

Boone High School

Wadeview Park

EX IS TI N G FU TU RE LAN D US E MA P

EX IS TI N G ZO N IN G MA P

RES-LOW

Wadeview Park

Boone High School

Wadeview Park

Boone High School

R-1/T

PR O JE CT AN A LYS IS Project Description

The 0.21 acre subject site is located south of E. Kaley St., east of Hamilton Ln., west of S. Summerlin Ave. and north of E. Harding

St. within the Wadeview Park neighborhood. The applicant is requesting Conditional Use Permit (CUP) approval to allow for a Pub-

lic Benefit Use, specifically art foundation activities, in an existing single-family residence. The owner and the non-profit organiza-

tion Timucua Arts Foundation have been living in, hosting gatherings and presenting musical concerts in the residence since its con-

struction in 2007. Most events are held Sunday evening, concluding by 10:30pm, and are free and open to the public.

The site has a Future Land Use designation of Residential Low Intensity (RES LOW) and a zoning designation of R-1/T

(Residential/Traditional City Overlay). The proposal is consistent with the Zoning and Future Land Use designations.

Previous Actions:

1927– Property platted as part of the Dr. S.S. Jones Subdivision.

2005– Property purchased by current owner.

2007– Residence constructed.

Project Context Surrounding uses, zoning, and future land uses are shown in Table 1 below.

Conformance with the GMP

The subject site has a future land use designation of Residential Low. The Future Land Use Element of the Growth Management

Plan recognizes public benefit uses as essential components of any livable neighborhood. Moreover, the Cultural Arts Element of the

GMP seeks to make Orlando a place for families and individuals to live, work and enjoy by fostering a rich cultural life, accessible to

all residents and visitors, by contributing to the economic development and vitality of the community through the provision of high

quality cultural opportunities, especially the contributions made by local arts organizations. Supporting local artist can be achieved

by providing physical space suitable for creating, displaying, and presenting visual and performing arts - as is the case with this CUP

request. Of the 6,422 gross sq. ft. residence, the applicant represents that 1,900 sq. ft. is used for the PBU activities, resulting in an

FAR of 0.21 which conforms to the maximum allowable intensity of 0.30.

The proposed conditional use permit is consistent with the future land use designation.

Conformance with the LDC

The property has a zoning designation of R-1/T, Residential/Traditional City Overlay. Section 65.285 sets standards of review for

CUP applications. The standards are as follows:

1. Purpose and Intent. The purpose and intent and all other requirements of the LDC.

2. GMP. Whether the proposal is consistent with the City’s Growth Management Plan.

3. Compatibility. The compatibility of the proposal with surrounding land uses and the general character of the area.

4. Public Facilities and Services. Whether the necessary public facilities will be adequate to serve the proposed use.

Table 1—Project Context

Future Land Use Zoning Surrounding Use

North Residential Low R-1/T Single-family residence

South Residential Low R-1/T Single-family residence

East Public Recreational Institutional P/T Boone High School

West Residential Low R-1/T Single-family residence

PR O JE CT AN A LYS IS

The proposal is consistent with the purpose and intent of the code. The residence was built consistent with setback requirements as

well as the other regulations of Chapter 58 Part 1 relative to the zoning district. The proposal is also consistent with requirements

and policies of the GMP, as previously stated. In regards to compatibility, the predominant use of the property is as a residence for

the owner and his family. On several occasions each month, usually Sundays between 7:30pm and 10:30pm, functions are held in a

sound proof portion of the house. The owner has an informal parking agreement allowing usage of the Wadeview Park parking lot.

As such parking is available within the pedestrian shed (300 ft.), though some patrons of the events utilize on-street parking. It

should be noted that city staff learned of the public benefit activities not from code enforcement or neighborhood compliant but

through the owner inquiring about the possibility of expanding. No expansion is proposed with this current request.

Transportation

The site is accessed from two driveways, one on Hamilton Ln. and the other on Summerlin Ave. The residence includes a 2-car gar-

age, with the Hamilton Ln. driveway accommodating 4 additional cars and the Summerlin Ave. driveway accommodating 1 car.

These Right-Of-Ways also include a sidewalk network between the residence, on-street parking and/or Wadeview Park parking lot.

Due to the unique nature of this public benefit use and single-family use hybrid, staff has referenced the ITE Parking Generation

manual for the parking requirement. See Table 2– Parking Requirement. The 2 parking spaces within the garage remain in use for

the residence with the remain 5 spaces on-site available for guests. The remaining 28 required parking spaces maybe provided off-

site, within the pedestrian shed consistent with LDC section 61.302(a). As previously stated, the owner has an informal parking

agreement for use of the Wadeview Park parking. This agreement will need to be formalized and approved by City Council.

Table 2—Parking Requirements

Use Sq. Ft./

capacity

Minimum Ratio Minimum Spaces

Req’d

Maximum Ratio Max.

Spaces Permitted

Live Theater 1,900 sq. ft./

99 patrons 0.33:patron 33 N/A —

Total Required 33* —

Total Provided 5**

*Doesn’t include residential requirement.

**Foundation shall enter into a formal parking agreement for use of Wadeview Park, or similar facility, for remaining spaces.

SU RVE Y

Subject property

Driveway can

accommodate 4

cars.

Driveway can

accommodate 1

car.

S I TE PH OTO S

Subject site as viewed from Hamilton Ln.

Subject site as viewed from Summerlin Ave.

Wadeview parking lot.

AE R IA L PHO TO

F I N DI N GS Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of Conditional Use Permit

applications contained in Chapter 65 of the Land Development Code (LDC):

1. The proposed use is consistent with the purpose and intent of the LDC.

2. The proposed use is consistent with the City’s Growth Management Plan.

3. The proposed use will be compatible with surrounding land uses and the general character of the area.

4. The necessary public facilities will be adequate to serve the proposed use, or will be provided by the applicant as a condition of

this approval.

Staff recommends approval of the proposed CUP, subject to the following conditions:

Subject site

CO N D IT IO NS OF APP RO VAL Land Development

1. Land Use and Zoning. Except as provided herein, development of the property shall be consistent with the development standards

of the R-1/T zoning district.

2. Scope of Conditional Use. This use shall operate only as described within this report. All of the improvements shown in the at-

tached site plan (and as amended by any conditions found herein) are required as a condition of approval. Any changes in the use of

the site, the operation of the project, or the site plan as described herein may require a new or amended Conditional Use Permit (see

"Minor Modifications" condition). This approval is not transferable to another property.

3. Minor Modifications. Minor modifications and design changes including but not limited to fences, signs, landscaping, interior

alterations, and other minor changes, that are required beyond those previously reviewed by the Municipal Planning Board, may be

approved by the Planning Official without further review by the Municipal Planning Board. Major changes shall require additional

review by the Municipal Planning Board.

4. Permit Compliance. All plans submitted with the applicant's building permit application(s) must comply with the conditions of

approval provided in the Municipal Planning Board staff report and any amendments to those conditions approved by the Municipal

Planning Board or City Council. No building permit will be issued for this project until all conditions of approval are complied with

and reflected in the plans submitted with the building permit application.

5. Regulations Subject to Code. Except as provided herein, the proposed project is subject to the conditions of this report and all

codes and ordinances of the State of Florida, City of Orlando and all other applicable regulatory agencies. All other applicable state

or federal permits must also be obtained before commencing development.

6. CUP Expiration. Approval of the Conditional Use by City Council shall grant the applicant authority to submit an application for

site plan/master plan review for a building permit. The permit application must be submitted and a permit issued within two (2)

years of approval of City Council or the Conditional Use Permit shall expire. However, upon written application filed 30 days prior

to the expiration date, the Planning Official may renew the Conditional Use Permit for a one period of up to 12 months providing

good cause is shown.

7. Parking Agreement. Within 3 months of Council approval of this CUP, a formal long term parking agreement within the pedes-

trian shed for compliance with the code required quantity of parking spaces shall be obtained. If the applicant wishes to continue

parking at Wadeview Park, a parking agreement with the Real Estate and Park Division shall be obtained.

8. Parking Spaces. The PBU shall provide a minimum of 33 parking spaces, consistent with condition #7 above. On-street parking

can not be used towards this requirement.

9. Quantity. Concerts and events shall be limited to no more than 100 per calendar year. Patrons shall be limited to 99 occupants

10. Hours. All event activities shall cease no later than 10:30 pm.

11. Alcohol. The sale of alcohol shall be prohibited on premise.

Transportation Planning

1. The requirements for off-street parking applicable to any use shall be a continuing obligation of the owner and occupant of the

property on which any such use is located, so long as the use is in existence. It shall be unlawful for an owner or occupant of any use

affected by this Part to discontinue, change, dispense with, or in any way cause a change in the size, design or number of parking

spaces required by this Part, apart from the discontinuance of such use, without establishing alternative parking spaces which meet

the requirements of this Part, or for any person to use such building without acquiring such land for parking which meets the require-

ments of this Part. In addition, parking spaces required by this Part shall not be made unusable or inaccessible in any way during the

life of the use served by such parking spaces, except as required for maintenance and repair. This section shall not prohibit the re-

placement or reconfiguration of parking spaces at grade, below grade or above grade to comply with the requirements of this Part.

CO N D IT IO NS OF APP RO VAL (Section 61.301) Please provide a written agreement between both parties for the continual availability for parking of this use.

Transportation Engineering

1. The required number of parking spaces required by the Orlando Land Development Code is required on site or a parking agree-

ment shall be obtained.

CO N TAC T IN F ORM AT IO N Growth Management

For questions regarding Growth Management plan review, please contact Wes Shaffer at (407) 246-3792 or

[email protected]

Land Development

For questions regarding Land Development review, please contact Michaëlle Petion at (407) 246-3837 or

[email protected].

Urban Design

For questions regarding Urban Design Review, please contact Jason Burton at 407.246.3389 or [email protected]

Transportation Planning

For questions and information regarding Transportation Planning review you may contact Nancy Ottini at (407)246-3529 or

[email protected]

Transportation Engineering

For questions regarding Transportation Engineering issues, please contact Lauren Torres at 407-246-3220 or Lau-

[email protected].

Engineering/Zoning

For questions regarding Engineering or Zoning contact Keith Grayson at (407)246-3234 or [email protected]. To

obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interactive Voice

Response System at 407.246.4444.

Stormwater

For questions regarding Stormwater issues, please contact Ben Gray at 407-246-2754 or [email protected].

Wastewater

For questions regarding Wastewater issues, please contact Vince Genco at 407-246-3722 or [email protected]

Police

For questions regarding Orlando Police Department plan review, please contact Audra Nordaby at 407.246.2454 or Au-

[email protected].

Building

For questions regarding Building Plan Review issues contact Don Fields at (407) 246-2654 or [email protected].

Parks

For questions regarding Parks Review issues contact Denise Riccio at (407) 246-4249 or denise [email protected].

Trees

For questions regarding Tree Review issues contact Justin Garber at (407) 246-4047 or [email protected].

Transportation Impact Fees

For questions and information regarding Transportation Impact Fee Rates you may contact Nancy Ottini at (407)246-3529 or nan-

[email protected]

RE V I E W /AP P R O VA L PRO C ESS—NE X T ST E P S 1. MPB minutes scheduled for review and approval by City Council.

2. Coordination with Real Estates and Parks Divisions on parking agreement.

THE WHITE H - Orlando · 2017. 11. 4. · request. Of the 6,422 gross sq. ft. residence, the...

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