Staff Report to the Board of Zoning Adjustment February 23, 2016 VAR2016-00004 I TEM #3 JARED JEWELRY STORE PARKING 4095 MILLENIA BLVD. Millenia Target DeVry Institute Best Buys Mall at Millenia Location Map S UMMARY Applicant Mike Rubino, Proj. Mgr. GPD Group Owner Cameron Gp Associates LLP Project Planner Jim Burnett, AICP Updated: February 16, 2016 Property Location: 4095 Millenia Blvd. (Parcel ID # 17-23-29-5664-00-010, located at the northeast corner of Millenia Blvd. and Conroy Rd., east of Interstate 4)(±1.2 acres, District 4). Applicant s Request: The applicant is requesting a variance of 7 parking spaces to allow a new Jared Jewelry store to have 31 spaces, where a maximum 24 spaces are allowed for the proposed retail use. Staff s Recommendation: Approval of the variance, subject to conditions in this staff report. Subject Site Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of February 8, 2016. As of the published date of this report, staff has not received any comments from the public concerning this request.
Page 2 F UTURE LAND USE MAP SuperTarget URBAN-AC SUBJECT PROPERTY DeVry Institute OFFICE-LOW Best Buy Mall at Millenia RES-MED Z ONING MAP Millenia Target SUBJECT PROPERTY DeVry Institute Best Buy Mall at Millenia
Page 3 P ROJECT ANALYSIS Project Description The subject property consists of a 1-story ±5,540 sq. ft. former bank with drive-through, located at the northeast corner of Millenia Blvd. and Conroy Rd. in the Millenia neighborhood. The applicant intends to convert the ex-bank and drive-through into a retail jewelry store, requiring additional parking for extended sales and holiday hours throughout the year. Thus, the applicant is requesting a variance of 7 parking spaces for a total of 31 parking spaces for the proposed retail use, where a maximum 24 spaces are allowed. The property is zoned AC-2 (Urban Activity Center) and is designated as Urban Activity Center 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 (zoned MU-2) Future Land Use Zoning Adjacent Use North Mixed Use Corridor, High R-3B (Medium Intensity Vacant Land & Holy Land Intensity (MUC-HIGH) and (across Conroy Rd.) Community Activity Center (COMM-AC) Residential Development) & AC-1 (Community Activity Center) East MUC-HIGH MU-2 (High Intensity, Interstate 4 Mixed Use Corridor) South MUC-HIGH MU-2 Millenia Audi Dealership West (Across Vineland Rd.) Mixed Use Corridor, Medium Intensity Oakwood PD (Planned Development) Oakwood Apartments Previous Actions: 1990: Schrimsher Southwest (Millenia) properties east of I-4 annexed into City of Orlando (City Doc. #23967). 1992: Schrimsher Southwest (Millenia) Development of Regional Impact (DRI) Development Order (DO) approved; DRI subsequently amended in 1994 and 1998. 2001: Master Plan (MPL2000-00024) approved for construction of retail, restaurant and banking uses at northeast corner of Conroy Rd. and Millenia Blvd.; Property platted as part of the Millenia Unit 4 Subdivision. 2003: Amsouth Bank (later Regions Bank) constructed on the subject (corner) site. 5/2013: Property purchased by current owner. 2015: Regions Bank closed. Conformance with the LDC As previously noted, the property is zoned AC-2, which allows banks and retail sales as permitted uses. With a total lot size of ±52,449 sq. ft., the 1.2-acre property is legally conforming and meets all applicable lot requirements for AC-2 zoning. Analysis Per LDC Section 61.322 Figure 27, the former bank use had a higher maximum parking allowance than the proposed retail sales use, as depicted in Table 2 at right. Initially, the applicant requested 39 parking spaces, but in an effort Table 2 - Parking Requirements (per LDC Section 61.322) to reduce unnecessary parking spaces, reduced their request to 31 total spaces. This will result in only Uses Minimum / Maximum Parking Spaces Parking Ratio Requirement Provided two (2) spaces more than what the site currently has, (min./max.) even with the former drive-through lanes converted into indoor retail space. Bank (former) 2.5 spaces / 1,000 sq. ft. The applicant has provided justification in support of (5,540 sq. ft.) Gross Floor area (GFA) 14 / 39 29 spaces the requested lesser variance (see page 8 of this report), including a higher number of employees dur- Retail Sales 2.5 spaces / 1,000 sq. ft. GFA 31 spaces 7 spaces / 1,000 sq. ft. GFA (existing) ing holiday and sales events and overlapping shift (proposed) 4.0 spaces / 1,000 sq. ft. GFA 15 / 24 proposed changes. (6,057 sq. ft.) Conclusion - Staff supports the requested variance, per the conditions in the staff report.
Page 4 G OOGLE PHOTO OF SITE View of former bank site from northeast side of Conroy Rd. northwest of the intersection of Millenia Blvd. Cross-access leads to Pollo Tropical restaurant further west along Conroy Rd. A ERIAL PHOTO SUBJECT PROPERTY
Page 5 E XISTING S URVEY P ROPOSED PLAN SITE PLAN STILL SHOWS 34 SPACES (3 SPACES WILL NEED TO BE DELETED). PRO- VISION OF CODE-COMPLIANT LANDSCAPING MAY HELP TO DECREASE THE 3 SPACES, FOR A MAXIMUM 31 SPACES.
Page 6 B UILDING E LEVATIONS FINDINGS AND RECOMMENDATIONS VARIANCE TO ALLOW ADDITIONAL PARKING FOR NEW JEWELRY STORE Variance of 7 parking spaces to allow 31 total spaces for a new retail jewelry store, where a maximum 24 spaces are allowed for a retail use (per LDC Section 61.322 Figure 27). Staff Recommendation: Approval of said Variance, based on the finding that the variance meets all six (6) standards for approval of a variance, subject to the conditions below: 1. Development shall be in strict conformance with all conditions and the survey and photographs 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. Appearance Review shall be performed at time of permitting to ensure compliance with the conditions of this report. 3. The landscape requirements of LDC Chapters 60 and 61 shall be met. Landscape areas at parking row ends shall be at least 10 ft. in width. 4. Revise the site plan to show not more than 31 spaces. ADDITIONAL CONDITIONS (tied to change of use from a bank to a retail use) 1. A trip assignment letter shall be provided by the property owner, accounting for the increased building area between the former bank and proposed retail use, detailing the assigned trips and associated use square footage, consistent with the Millenia DRI trip methodology. That trip assignment letter shall be provided at time of permitting and a copy shall be provided to the Planning Dept., Attn: Mary-Stewart Droege. 2. Provide detailed ISR calculations at time of permitting. 3. The final building elevations shall be generally consistent with the submitted rendering (above). Significant deviation will require a Planning Official Determination. 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(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. Submit a copy of the variance approval letter with your plans. Issuance of this permit 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 City 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.
Page 7 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 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. V ARIANCE: A LLOW 31 PARKING SPACES FOR A NEW J EWELRY STORE, WHERE CURRENTLY LIMITED TO A MAXIMUM 24 SPACES Meets Standard Yes No The property consists of a former bank with drive-through located adjacent at the intersection of Millenia Blvd. and Conroy Rd. The bank, vacant since 2015, is now being converted to a retail jewelry store. The bank was previously afforded a higher maximum number of parking spaces, as compared to the proposed retail jewelry store. Meets Standard Yes No The site is now legally nonconforming, based on the proposed change of use from a bank to a retail jewelry store. Neither the property owner nor the lessee created the special conditions and circumstances unique to the variance request. 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 variance would not confer a special privilege, based on the special conditions and circumstances. 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. Meets Standard Yes No Reducing the number of spaces to the maximum allowed for the proposed retail use could create a future parking issue that would deprive the applicant of rights enjoyed by higher customer service turnover uses (fast food retailers) on adjacent properties. 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 The applicant originally requested 39 parking spaces, but has since reduced their request to the minimum possible 31 spaces, where a maximum of 24 is allowed based on the proposed use. 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 variance would be viewed as being harmonious with the purpose and intent of the Code. Continued use of the property within Code requirements will promote the appearance and character of the commercial area. Granting the variance would not be detrimental to the public welfare or injurious to the neighborhood.
Page 8 A PPLICANT RESPONSES TO VARIANCE CRITERIA