SHOOTER S WORLD 4850 LAWING LN.

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Staff Report to the Board of Zoning Adjustment October 24, 2017 VAR2017-10016 I TEM #1 SHOOTER S WORLD 4850 LAWING LN.

Shooter s World Orlando, LLC Project Planner Jim Burnett, AICP Updated: Oct. 12, 2017 Property Location: 4850 Lawing Ln. (Parcel ID # 18-23-29-2785-00-040, located on the south end of Lawing Ln.

1 Staff Report to the Board of Zoning Adjustment October 24, 2017 VAR I TEM #1 SHOOTER S WORLD 4850 LAWING LN. Kirkman Shoppes Conservation Area Location Map S UMMARY Applicant Kevin Mineer, AICP Genesis Gp. Property Owner Frank Valente, Pres. Shooter s World Orlando, LLC Project Planner Jim Burnett, AICP Updated: Oct. 12, 2017 Property Location: 4850 Lawing Ln. (Parcel ID # , located on the south end of Lawing Ln., east of S. Kirkman Rd. and north of the Florida Turnpike)(±3.0 acres, District 6). Applicant s Request: The applicant is preparing to construct an indoor shooting range, retail store, snack bar and museum, and needs the following variances for the proposed use: A) Allow the new building to be 12 ft. from the front lot line (Lawing Ln.), where a minimum 35 ft. front setback is required; B) Allow the new building to be 10 ft. from the rear (street) lot line, where a mini- Subject Site mum 35 ft. setback is required; and C) Variance of 2.5 to 4.8 ft. to allow parking lot landscaping buffers 2.7 to 5 ft. wide, where minimum 7.5 ft. buffers are required. Staff s Recommendation: Approval of the variances, subject to the conditions in the staff report. Public Comment: Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of October 9, As of the published date of this report, staff has not received any questions or comments about the variance requests.

2 Page 2 FUTURE LAND USE MAP Kirkman Shoppes RES-LOW SUBJECT PROPERTY ZONING MAP Kirkman Shoppes AC-1 SUBJECT PROPERTY

3 Page 3 P ROJECT ANALYSIS Project Description The subject property consists of a former fitness center building that will be demolished to make way for a 2-story ±79,800 sq. ft. indoor shooting range with ancillary retail sales, classrooms, snack bar/lounge and museum, all in the South Kirkman neighborhood. Variances to reduce the front and rear (street) building setbacks are needed, in addition to a variance for reduced depth parking lot landscape buffers. Variances previously approved in December 2014 expired before permits could be secured for the site redevelopment. The variance request also serves as an administrative Master Plan for the new development. The property is zoned PD (Planned Development) and is designated as Industrial on the City s Future Land Use Map. Adjacent uses, zoning and future land use designations are per Table 1 below. Table 1 - Project Context (default I-P zoning) Future Land Use Zoning Adjacent Use North Community Activity Center AC-1 (Community Activity Center) Outback Steakhouse (COMM-AC) East (Across Lawing Ln.) C (Conservation) Wetlands Conservation South (Across FL Turnpike) Metropolitan AC-3 (Metropolitan Retention Ponds Activity Center (MET-AC) Activity Center) West (Across S. Kirkman Rd.) AC-1 Kirkman Shoppes COMM-AC Previous Actions 1968: Property annexed into the City (Doc. #8032A) as part of the Major Realty Properties. 1987: Property platted as part of FL Center Turnpike Cypress Creek Golf Course Residential/Commercial Area, Plat No : 28,688 sq. ft. 2-3 story Bally s Fitness Center and 251-space parking lot constructed. 8/2012: Bally s closed, LA Fitness opened (closed 10/2013, relocated into new space in the Kirkman Shoppes on the west side of S. Kirkman Rd.). 7/2014: Future Land Use designation changed to Industrial (GMP ); PD approved to convert former fitness center into an indoor shooting range, retail store, classrooms, snack bar and museum (Shooter s World PD, ZON ). 12/2014: Variances approved (VAR ) to allow reduced front and rear setbacks for new shooting range (et al) and reduced parking lot landscape buffers; Property purchased by current owner. 3/2015: Building permit submitted (BLD ), yet to be issued. 12/2015: Variances expired (permits yet to be issued). 6/2016: Property replatted as Shooter s World (SUB ). Conformance with the LDC Under the approved PD, the property has default I-P (Industrial Park) zoning to dissuade more intense (less compatible) industrial uses if the proposed use failed to be constructed or if the PD was to expire (in 7/2019). The irregularly-shaped 130,832.5 sq. ft. lot meets the minimum 25,000 sq. ft. lot size under the default I-P zoning. Analysis Originally (when the PD was approved), the applicant intended to re-use the pre-existing ex-bally s fitness center, but it became apparent that the building would not provide the many proposed primary and ancillary uses, so the owner/applicant is opting to demo the existing building (yet to occur) in favor of a new 2-story ±79,800 sq. ft. indoor shooting range with ancillary retail sales, classrooms, snack bar/lounge and museum. The owner/applicant intends to retain the existing parking lot and retention pond south and east of the site. Owing to the irregular shape of the lot and placement of the new building on that lot, the following variances are needed:

Page 4 A) Allow the new building to be 12 ft. from the front lot line (Lawing Ln.), where a minimum 35 ft. front setback is required (variance of 23 ft.); B) Allow the new building to be 10 ft.

5 to 4.8 ft.). The property and proposed uses are much lower in grade, as viewed from S. Kirkman Rd., but is at the same relative grade as the adjacent Outback Steakhouse to the north.

4 Page 4 A) Allow the new building to be 12 ft. from the front lot line (Lawing Ln.), where a minimum 35 ft. front setback is required (variance of 23 ft.); B) Allow the new building to be 10 ft. from the rear (street) lot line, where a minimum 35 ft. setback is required (variance of 25 ft.); and C) Allow parking lot landscaping buffers 2.7 to 5 ft. wide, where minimum 7.5 ft. buffers are required (variance of 2.5 to 4.8 ft.). The property and proposed uses are much lower in grade, as viewed from S. Kirkman Rd., but is at the same relative grade as the adjacent Outback Steakhouse to the north. As was the Table 2 - Development Standards (default I-P zoning) Proposed Use: Setbacks (Min.) (ft.) Bold = Variance FAR Max/ Prop. Indoor Shooting Range, Retail Sales, Classrooms, Snack Bar/ Lounge & Museum (all on a 3.0-acre parcel) Front (Lawing) Rear (Kirkman) Street Side (Turnpike) ISR Max/ Prop. case when the variances were initially approved in 2014, staff supports the setback-related Variances A & B, in that the only alternative would be a costly re-design of the building. Relative to the request for decreased parking lot landscape buffers (Variance C) along the southwest and southeast lot lines, staff noticed that the existing parking aisles are wider than Code minimums and parking spaces are deeper than what Code requires. If the parking spaces on the southwest and southeast lot lines were shortened, to allow vehicles to hang over the front edges of the parking spaces, then the associated parking lot buffers could be increased, but would still need a variance to achieve less than the required minimum 7.5 ft. Staff suggested the above option to the applicant, who noted the additional cost that would be incurred with removal of asphalt and additional scouring and re-striping of the parking lot to accommodate what would still be a small 4 ft. buffer. Thus, staff recommends approval of the requested variance to reduce the required 7.5 ft. landscape buffers on the southwest and southeast lot lines, to match the existing parking lot buffers. Staff has provided conditions that will incorporate additional islands and plantings that would serve to spruce-up the appearance of the parking lot and might actually decrease the overall site ISR by a few percentage points. Side (N ) % % Max. Bldg. Ht./ Prop A ERIAL PHOTO Outback Kirkman Shoppes SUBJECT PROPERTY> Westwind Aptmts.

5 Page S URVEY S ITE P HOTOS Building to be demo ed As viewed from Lawing Ln. Deficient buffers Deficient buffers Existing parking lot.

6 Page 6 10 ft. rear (street) setback (Variance B) 12.5 ft. side setback (meets Code) P ROPOSED S ITE PLAN 12 ft. front setback (Variance A) 10 ft. rear (street) setback (Variance B) Deficient landscape buffers (Var. C)

7 Page 7 L ANDSCAPE PLAN Deficient landscape buffers (Variance C) - staff believes that the parking drive aisles can be shrunk slightly and parking spaces shortened to provide a minimum 4 ft. deep landscape buffer on the SW & SE lot lines.

Page 8 P ROPOSED BUILDING ELEVATIONS 48 ft.

elevation, which would preclude them from being considered as

8 Page 8 P ROPOSED BUILDING ELEVATIONS 48 ft. 48 ft. Facing Outback Facing Florida Turnpike 48 ft. Facing Lawing Ln. Proposed wall signs appear to be located at 30 ft. elevation, which would preclude them from being considered as high-rise signs. 48 ft. Facing S. Kirkman Rd. BUILDING PERSPECTIVES Main entrance, Southeast side Northwest corner, S. Kirkman to the right A PPLICANT- PROVIDED DESCRIPTION

Page 9 A PPLICANT- PROVIDED DESCRIPTION (CONTINUED) FINDINGS AND RECOMMENDATIONS Building Setback and Landscape Buffer Variances for New Indoor Shooting Range A) Variance of 23 ft.

9 Page 9 A PPLICANT- PROVIDED DESCRIPTION (CONTINUED) FINDINGS AND RECOMMENDATIONS Building Setback and Landscape Buffer Variances for New Indoor Shooting Range A) Variance of 23 ft. to allow the new building 12 ft. from the front lot line (Lawing Ln.), where a minimum 35 ft. front setback is required (per LDC Section 58 Part 1 Figure 1C.LDC); B) Variance of 25 ft. to allow the new building 10 ft. from the rear (street) lot line, where a minimum 35 ft. setback is required (per LDC Section 58 Part 1 Figure 1C.LDC); and C) Variance of between 2.5 to 4.8 ft. to allow parking lot landscaping buffers on the southwest and southeast lot lines 2.7 to 5 ft. wide, where minimum 7.5 ft. buffers are required (per LDC Section (a7)). Staff Recommendation: Approval of variances A, B and C, based on the finding that said variances meet all six (6) standards for approval of a variance, subject to the following conditions: 1. Development must be in strict conformance with all conditions and the site plans provided within 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, will require additional review by the BZA. 2. All applicable City, county, state or federal permits must be obtained before commencing development. 3. Appearance Review is required at time of permitting to ensure compliance with the (below) conditions. 4. A landscape area must be provided at the end of each parking row, per City Code Chapter 61, Part 3B. Sawcut and remove pavement at all parking row ends as needed to create landscape areas at least 10 ft. in wide. Each landscape area must have at least one tree, per Code. 5. Provide a landscape area at least 3 ft. wide/deep between the building and vehicular use areas (per LDC Chapter 61, Part 3B). 6. Install street trees in the Lawing Lane right-of-way (per LDC Section ) or on the site adjacent to said right-of-way. 7. Landscaping and irrigation must comply with LDC Chapter 60, except where otherwise allowed by these variances. 8. Landscaping along the South Kirkman Rd. building façade must include tall-growing evergreen trees and plants that will fit into the reduced setback. Little Gem magnolia and Italian cypress are suggested

10 Page 10 FINDINGS AND RECOMMENDATIONS - CONTINUED as examples. Wall-attached green screens with climbing vines are also suggested for this area. 9. The retail and office spaces in the front part of the building (facing Lawing Ln.) must have transparency in the exterior building façade, to be provided with clear glass (minimum light transmittance of 80% or low-e glass with minimum light transmittance of 60%) located at the pedestrian level, 2.5- to 8 ft. above grade. This will require the bottoms of the windows (as shown on the electronic plans) to be lower. Storefront glass in the entrance must also be clear. 10. All exterior doors must have a sheltering feature above, such as a canopy. 11. The parking lot must be lit, with site lighting to comply with the City exterior lighting code (Chapter 63, Part 2M). Light pole placement must be coordinated with the landscape plan to avoid conflicts with trees. 12. Rooftop HVAC equipment must be completely screened to at least the height of said equipment. 13. Additional variations in parapet or wall height must be included in the wall along South Kirkman Road. Informational Comments 1. A City owned sanitary sewer main is located along the north property boundary within an easement. No buildings or permanent structures shall be placed within said easement or within 10 feet of the actual location of said sewer main. 2. Demolition and construction activities shall protect the existing sewer main from damage. 3. The site plan depicts a transformer pad within the easement. The Wastewater Division does not support placement of an electric transformer within a sanitary sewer easement. 4. Wall signage must be located at or below 30 ft. in elevation or said signage will be considered high-rise signs and would, thus, be subject to the more stringent criteria of LDC Section All signs must be permitted prior to fabrication and installation. Note to Applicant: The proposed variances only address 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(s) is restricted to the subject property as noted in the staff report and is not transferable to other parcels of land. The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action (provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request 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. Disclaimer - As provided by subsection (5), Florida Statutes, issuance of a variance by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. In accordance with subsection (5), Florida Statutes, it is hereby made a condition of this variance that all other applicable state or federal permits be obtained before commencement of the development.

11 Page 11 S TANDARDS FOR V ARIANCE APPROVAL 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. Not Self-Created The special conditions and circumstances do not result from actions of the applicant. A self-created 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. 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. V ARIANCES A & B: REDUCED FRONT (EAST) AND REAR (WEST) SETBACKS, WHERE MINI- MUM 35 FT. SETBACKS ARE REQUIRED (VARI- ANCES OF 23 FT. & 25 FT., RESPECTIVELY) Meets Standard Yes No The property consists of a former fitness center building that will be demolished to make way for a 2-story ±79,800 sq. ft. indoor shooting range with ancillary retail sales, classrooms, snack bar/ lounge and museum, all on a 3-acre PD zoned property in the South Kirkman neighborhood. The property, while visible from S. Kirkman Rd., is accessed solely from Lawing Ln. to the east. Meets Standard Yes No The owner purchased the property in late 2014, with the property in its current state. Even with planned demolition of the former fitness center, the property is irregularly shaped, enough to not allow a new shooting range building with Code-compliant front and rear (street) setbacks. Meets Standard Yes No Approval of the variances would not confer a special privilege, based on the special conditions and circumstances of the property and proposed uses. 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. 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 Denial of the variances would pose an additional burden on the owner and proposed shooting range use (along with proposed ancillary uses) to reduce the size of (redesign) the new building, at additional costs to the property owner. Meets Standard Yes No The variances requested are the minimum possible variances to allow a new indoor shooting range and ancillary uses within a new building in a PD zoning district. 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 of the variances would not be detrimental to the public welfare.

12 Page 12 S TANDARDS FOR V ARIANCE APPROVAL 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. Not Self-Created The special conditions and circumstances do not result from actions of the applicant. A self-created 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. 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. V ARIANCE C: ALLOW REDUCED DEPTH P ARKING LOT BUFFERS ON THE SOUTHWEST AND SOUTHEAST LOT LINES, WHERE A M INIMUM 7.5 FT. BUFFER IS REQUIRED Meets Standard Yes No The property consists of a former fitness center building that will be demolished to make way for a 2-story ±79,800 sq. ft. indoor shooting range with ancillary retail sales, classrooms, snack bar/ lounge and museum, all on a 3-acre PD zoned property in the South Kirkman neighborhood. The property, while visible from S. Kirkman Rd., is accessed solely from Lawing Ln. to the east. Meets Standard Yes No The owner purchased the property in late 2014, with the property in its current state. Even with planned demolition of the former fitness center, the intent is to keep much of the existing rear parking lot and existing buffers but with additional Code-required landscaping. Meets Standard Yes No Approval of the variance would not confer 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. 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 Denial of the variance would pose an additional burden on the owner and proposed tenant uses, in that the pre-existing parking lot might need to be re-designed, in addition to being re-striped and additional paved areas removed and replanted (at additional costs to the applicant/owner). Meets Standard Yes No The variance requested is the minimum possible variance to allow reduced parking lot buffers on the southwest and southeast portions of the rear parking area. Meets Standard Yes No Approval of the variance 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 of the variance would not be detrimental to the public welfare.

13 Page 13 A PPLICANT S RESPONSES TO VARIANCE CRITERIA PAGE 1

14 Page 14 A PPLICANT S RESPONSES TO VARIANCE CRITERIA PAGE 2

15 Page 15 A PPLICANT S RESPONSES TO VARIANCE CRITERIA PAGE 3

RED LOBSTER GROUND SIGN 450 S. ORANGE AVE.

Staff Report to the Board of Zoning Adjustment November 25, 2014 VAR2014-00107 I TEM #4 RED LOBSTER GROUND SIGN 450 S. ORANGE AVE. INTERSTATE 4 CSX RR/SUNRAIL Parking Garage CNL 2 CNL 1 A-loft Location