May 23, 2017 Staff Report to the Board of Zoning Ad justment. C AS E # VAR I t e m #1. Location Map. Subject

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1 May 23, 2017 Staff Report to the Board of Zoning Ad justment C AS E # VAR I t e m #1 U N I T E D R E N TA L S O R L A N D O Location Map S U M M A R Y Owner Herbert R. Matthews, Jr. Applicant Nicole Darling, Project Architect Project Planner Katy Magruder Property Location: 1152 E. Landstreet Rd. (east of S. Orange Ave., north of Pine St., south of E. Landstreet Rd.) (±12.86 acres, District 1) Parcel ID: Applicant s Request: Variance request for the required 300 ft. distance separation between outdoor storage and a residential zoning district (County). Subject 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 the week of May 8, As of the published date of this report, staff has not received any comments from the public concerning this request. Updated: May 15, 2017

2 Page 2 Future Land Use Map Zoning Map

3 Page 3 Project Analysis Project Description The subject property consists of a 5,170 sq. ft. warehouse building which is currently being renovated on a acre property including a large pond to the southeast of the site. The principal structure was built in 1997 and currently complies with the zoning district setbacks. The new tenant, United Rentals, requests to place a gravel parking lot on the southwest portion of the site to store construction equipment. The proposed gravel lot is approximately 160 ft. from a residential zoning district within unincorporated Orange County. The applicant requests the following variance: Variance of 140 ft. to the required 300 ft. distance separation required between outdoor storage and residential zoning districts. Previous Actions: 1988 Property annexed into the City of Orlando Portion of Landstreet Rd. abandoned for development of the subject property Property developed as storage and warehousing for the Airport Distribution Center as part of Phase 1D Renovations begin on existing warehouse building to host United Rentals. Project Context The land uses along Landstreet Rd. are primarily industrial. The surrounding properties include a UPS packaging and storage facility, a trucking company, and warehouses. The acre property is heavily landscaped at the southern, western, and eastern property lines. To the south, a stormwater tract exists, owned by the Airport Distribution Center. This acts a natural buffer between the proposed outdoor storage and the residential zoning district to the south of the H (Holding) zoning district that abuts the subject property to the south. The stormwater tract is not visible from the property because of the thick vegetation that already exists along the southern property line. There are three residential properties to the south of the H zoning district. According to Orange County Property Appraiser, only 1 of those properties is developed as residential, and the distance from the rear of the single-family home to the proposed outdoor storage is approximately 300 ft. meeting the intent of the requirement. However, a variance is required since it is within 300 ft. of the County s residential zoning district. The property is zoned General Industrial (I-G), and is designated as Industrial (INDUST) on the City s Future Land Use map. Table 1 depicts surrounding Future Land Use and zoning designations. North Table 1 Project Context Future Land Use Zoning Surrounding Use Industrial (City) Industrial (County) I-G (City) Industrial (County) East Conservation (County) Industrial (County) South Industrial and Office-Low (City) H and O-1 (City) Auto Body Repair (City) Warehouse (County) UPS Package and Sorting (County) Stormwater for the Airport Distribution Center (City) West Industrial (County) Industrial (County) Wilson Trucking Corp (County) Intent of the District The I-G district is intended primarily to provide for the beneficial use of existing industrial properties, while encouraging upgraded development standards for such properties where they are located adjacent to residential areas. The district is also intended for areas where a range of general and heavy industrial uses may be desirable. The H zoning district abutting the southern property line is intended to provide for the proper timing and phasing of growth within the metropolitan area, by allowing limited beneficial use of lands for which future development is intended, but which should be held in a primarily undeveloped state for an interim period of time.

4 Page 4 Section of the LDC states that within all Activity Center districts, and within 300 ft. of any Activity Center District, Office District Mixed Use Corridor District or Residential District, all storage facilities except those for passenger vehicles shall be in completely enclosed buildings. Section of the LDC states that General Requirements. All parking lots, loading areas and vehicular use areas shall have a durable all-weather surface with drainage and surface water control as required by the City Engineer, and shall be continually maintained in satisfactory condition so as to be safe, attractive and free of hazard, nuisance or other unsafe conditions. For purposes of this Section, a durable all-weather surface shall mean an improved surface of concrete, brick, asphalt, open weave paver blocks (for one- or two-family dwellings only), or other permanent dust-free surfaces, but shall not include wood chips, mulch or other material subject to decay. Stone may be used as an alternative parking surface on commercial, office, or public benefit use properties, on a limited basis to achieve the tree protection requirements of Chapter 60, or for the continuance of legal, non-conforming stone parking lots, in accordance with the following requirements: (1) Stone surfaces shall require approval by the City Engineer and shall be maintained per City Engineering standards. (2) To ensure that nuisances and safety hazards will not be created by the spilling of stone onto sidewalks and streets, stone shall not be used on any driveway or parking aisle within 15 feet of a street right-of-way. (3) Lime rock, lava rock and similar materials shall not be considered acceptable stone surfaces. (4) Coarse aggregate, such as gravel, smaller than standard size #4 (in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Section 901) shall not be permitted. Development Standards: The development has obtained a building permit (BLD ) and substantially complies with the I-G zoning district standards for setbacks, building height, non-residential FAR, and ISR. See Table 2 below for more details. Acreage Use Warehouse & Storage Sq. Ft./ Dwelling Units 21,780 sq. ft. Table 2 Development Standards FAR (floor area ratio) Building Height ISR (impervious surface ratio) Minimum / Maximum Proposed Maximum Proposed Maximum Proposed No Min to 0.70 FAR 0.04 FAR 75 ft. 18 ft. 80% 39% Parking Table 3 below shows the minimum and maximum amount of parking spaces required for the development. The site will comply with the parking space requirements listed in Figure 27 of the LDC. The development will also provide 7 shortterm bike spaces, which is 2 more than the required 5 spaces for the development. Use Warehouse & Storage Total Provided Sq. Ft./ Dwelling Units 21,780 sq. ft. Table 3 Parking Requirements Minimum Ratio 0.25 spaces per 1,000 sf of GFA Minimum Spaces Required 48 (including 2 ADA spaces) 5 Maximum Ratio 3.5 spaces per 1,000 sf of GFA Maximum Spaces Permitted 76 Analysis The development is currently under construction with a pre-approved permit for the renovation of the existing warehouse building. The resulting development will include a 21,780 sq. ft. warehouse building for the storage of construction equipment. A gravel parking lot at the southwest corner of the site has been approved by the City Engineer, and will host additional construction equipment available to rent. The LDC requires that the storage of any materials other than passenger vehicles must be completely enclosed within a building if it is within 300 ft. of a residential zoning district. The proposed gravel lot is approximately 160 ft. from the edge of the residential zoning district to the south within unincorporated Orange County. The existing stormwater tract in the Holding zoning district directly south creates a buffer between the proposed outdoor

5 Page 5 5 storage and the residential district. In addition, significant buffering exists along the southern property line of the subject site, preventing all visibility of the existing stormwater tract and the residential district further south. Furthermore, of the three residential properties in question, only one is currently developed as residential. The distance from the single family home to the proposed outdoor storage is 300 ft., meeting the spirit and intention of the Code. Aerial Photo 300 ft. 1 1 The distance from the proposed location of outdoor storage to the closest residential building is 300 ft. The Code requires 300 ft. from the residential zoning district line, however significant buffering exists between the two uses in the form of vegetation and a stormwater tract for the Airport Distribution Center.

6 Page 6 Existing Survey

7 Page 7 Development Plan Pre-approved gravel lot by City Engineer. This is the proposed location for outdoor storage of construction equipment. Significant landscaping exists along the South property line. This must be maintained and/or additional vegetation will be required to be planted by the applicant. Pedestrian connection where sidewalk interacts with truck/loading areas. Note: BZA approval is for the exhibits shown and subject to the conditions of approval found within this staff report and as approved by City Council. All exhibits, project descriptions, and footnotes submitted as part of the application are superseded by this staff report.

8 Page 8 Development Plan (enlarged) Per the request of Planning staff, the applicant will move the fence to allow a portion of the office space to protrude beyond the fence line. This allows for transparency and eyes on the street.

9 Page 9 S i t e Ph o to s Approximate location of outdoor storage. Currently under construction. This is a view from the parking lot to the north of the property looking south. Existing office area of the building under construction. This fence will be replacesd and relocated in order to allow the front of the office to protrude beyond the fence line, per planning staff s request.

10 Page Findings Requested Variance: The applicant requests a variance to the required 300 ft. distance separation between outdoor storage and a residential zoning district (County). Staff recommends Approval of the requested variance, subject to the conditions of approval. Conditions of Approval Land Development 1. Development shall be in strict conformance with all conditions and the site plans and elevations found in this report, subject to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved variance may be approved by the Zoning Official. Major modifications, as determined by the Zoning Official, shall require additional review by the BZA. 2. All City, County, State or Federal permits must be obtained before commencing development. Transportation Engineering 1. At all project entrances, clear sight distances for drivers and pedestrians shall not be blocked by signs, buildings, building columns, landscaping, or other visual impediments. No structure, fence, wall, or other visual impediment shall obstruct vision between 3 feet and 8 feet in height above street level. The street corner/ driveway visibility area shall be shown and noted on construction plans and any future site plan submittals. The applicant shall design the site plan as necessary to comply with the Florida Greenbook requirements for sight distance at intersections. Sight lines shall be shown on both the site plan and landscape plan. Landscaping located within intersection triangles as defined by the Florida Greenbook shall be trimmed or spaced according to FDOT Design Index 546. Urban Design 1. A consistent architectural style must be present. All architectural details, features and finishes on the exterior of the building must be compatible with the architectural style. 2. In order to provide transparency along the street frontage, the applicant must relocate the existing fence to allow the office portion of the building to protrude the fence line. This is reflected in the plans on page Existing vegetation at the southern property line shall be maintained. If this vegetation is removed for any reason, the applicant will be responsible to create significant buffering to prevent views from the residential property owners to the south to the proposed outdoor storage. This must be in the form of Bufferyard C. Development Review 1. The use of gravel has been approved, but must be maintained and contained. 2. New construction of gravel staging area will require permitting. Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly represented in this staff report and any relief to such standards as approved. The relief granted through the variance is restricted to the subject property as noted in the staff report and is not transferable to any other parcels of land. The next step in this variance request in City Council consideration of the Board of Zoning Adjustment s recommended action (provided it is no appealed) at an upcoming City Council meeting. Possible City Council approval of this variance does not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Development Code, including any additional review requirements, and shall receive all necessary permits before initiating development. Please contact the Permitting Services Division of the City of Orlando to inquire about your next steps toward receiving a building permit.

11 Page Contact Information Land Development For questions regarding Land Development review, please contact Katy Magruder at (407) or Urban Design For questions regarding Urban Design plan review, please contact Ken Pelham, at or Transportation Permitting For questions regarding Transportation Permitting plan review, please contact John Rhoades at or Engineering/Zoning For questions regarding Concurrency Management contact John Groenendahl at or To obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interative Response System at

12 Page S t a n d a r d s f o r Va r i a n c e A p p r o v a l V a r i a n c e r e q u e s t f o r t h e r e q u i r e d f t. d i s t a n c e s e p a r a t i o n b e t w e e n o u t d o o r s t o r a g e a n d a r e s i d e n t i a l z o n i n g d i s t r i c t ( C o u n t y ). Special Conditions and Circumstances Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance. Meets Standard Yes No The subject property is currently under construction to renovate the existing industrial building to open a rental company for construction equipment. This site is bordered by industrial zoning districts on three of four sides. The area to the south is a special H zoning district which is developed as a stormwater tract for the Airport Distribution Center. This area creates a large buffer between the proposed storage area and the residential zoning district to the south. In addition, the only other portion of the site where outdoor storage would be appropriate has a significant amount of mature trees. Not Self-Created The special conditions and circumstances do not result from actions of the applicant. A selfcreated hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. Meets Standard Yes No The current owners of the property are renovating an existing building. There are two appropriate places on the site for outdoor storage, but the open space to the southeast of the subject site has a significant amount of mature trees. The current owner did not plant these trees and wishes to preserve them. No Special Privilege Conferred Approval of the Zoning Variance requested shall not confer on the applicant any special privilege that is denied by this Chapter to other lands, buildings, or structures in the same zoning district. Meets Standard Yes No Approval of the variances would not be viewed as conferring a special privilege, based on the special conditions and circumstances of the property. Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the restrictions of this Chapter shall also not constitute grounds for approval. Minimum Possible Variance The Zoning Variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. Meets Standard Yes No Denial of the variances could put an additional and unforeseen burden on the owner. Meets Standard Yes No The variances requested are the minimum possible variances to keep a functional site plan. If the gravel staging area is moved north it will interfere with the running radius of the large trucks pulling in and out of the bays of the building. Purpose and Intent Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes No Approval of the variances would be viewed as being harmonious with the purpose and intent of the Code. Continued use of the property within Code requirements will continue to promote the appearance and character of the immediate neighborhood. Granting the variances would not be detrimental to the public welfare.

13 Page Answers to Variance Questions