June 26, 2018 Staff Report to the Board of Zoning Ad justment C AS E # VAR 2 0 1 8-10020 I t e m #2 D E E P LY C O F F E E A L C O H O L S E PA R AT I O N St. James Catholic Church USPS St. Luke Episcopal Lake Eola Park Lake Eola O.C. Regional History Heritage Square St. George Orthodox Orlando Public Library Location Map Subject S U M M A R Y Owner Edward Price Vice President Applicant Ryan Holden Deeply Coffee Project Planner TeNeika Neasman Updated: June 19, 2018 Property Location: 111 N. Magnolia St. (Parcel ID #26-22-29-5091-01-000, on the east side of Magnolia Ave., between E. Jefferson St. and E. Washington St.)(±0.68 acres, District 5). Applicant s Request: The applicant is proposing to sell alcoholic beverages in association with the coffee shop. The applicant is requesting a variance to allow alcohol beverage sales within 160 ft. of an established school and church property, where a 200 ft. alcoholic beverage sales separation is required in the AC-3A/T zoning district. Staff s Recommendation: Approval of the requested variance, 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 June 11, 2018. As of the published date of this report, staff has received no comment related to this request.
Page 2 Future Land Use Map Zoning Map
Page 3 Project Analysis Project Description The subject property consists of a rectangular-shaped lot with a 30-story commercial office high rise in the Central Business District. The 29,587 sq. ft. lot ( 187.33 ft. width x 157.88 ft. depth) is developed. The applicant desires to sell alcoholic beverages in the ground-level coffee shop. This tenant space has been vacant for many years. The applicant is requesting a variance to allow on-site sales of alcohol within 200 ft. of an established church and school. The subject site is located 162 ft. from Lake Eola Charter School and 170 ft. from the St. George Orthodox Church. Table 1 Project Context Future Land Use Zoning Surrounding Use North DT-AC AC-3A/T East South West DT-AC PUB-REC-INST DT-AC DT-AC AC-3A/T P/T P/T PD/T AC-3A/T AC-3A/T AC-3A/T/HP Commercial Office Mutli-family Lake Eola Charter School Commercial Lake Eola Commercial Office St. George Orthodox Church Office Commercial Previous Actions: 2005- The property was acquired by current owners (Lincoln Orlando Holding LLC.) 2006- property platted as part of the Lincoln-Weda subdivision 2005- Modification of Development Standards issued for the required clear height above a sidewalk to be reduced from 11 to 9 at the corner of Washington Street and Palmetto for the entrance staircase. 2008- Variance granted for two different high-rise sign faces for Dynetech and Comerica Bank. 2010- A Request for a Determination to allow a minor modification to the approved Variance for the Master Sign Package (VAR2008-00094) for high rise signs. 2012- Determination for Alcoholic Beverage Sales separation for a restaurant (One Eleven Wine & Champagne) on the subject site (in the tenant space above the subject space) Project Context The property is zoned AC-3A/T (Metropolitan Activity Center in the Traditional City Overlay District) and is designated as Downtown Metropolitan Activity Center on the City s Future Land Use Map. Adjacent uses consist of commercial, public benefit use, office, religious and educational institutions. Zoning and future land use designations surrounding the subject site are depicted in Table 1 above. Section 58.705 of the Land Development Code States: Distance from Churches and Schools. The sale of alcoholic beverages for on-premise consumption or the package sale of alcoholic beverages shall not be permitted in a place of business within two hundred (200) feet of an established school or church permitted prior to May 20, 1996, except as provided in Section 58.707 of this Part. The distance shall be measured by the shortest, most direct bearing and distance from the property line of the church or school grounds in use as part of the church or school facilities to the nearest entrance of the establishment serving alcoholic beverages open to the public during normal business hours. Intent of the District The property is zoned AC-3A/T, which is intended to provide guidelines for development which strengthen Downtown as the economic, governmental and cultural hub of the Central Florida region. The property is also located in the Traditional City (/T) Overlay district, which denotes those areas generally platted or developed prior to World War II. The AC-3A/T zoning district does not have a minimum lot size, width, or depth requirement. The 29,587 sq. ft. square shaped lot conforms to code.
Page 4 Analysis The applicant intends to open a coffee shop with on-site consumption of beer and wine. The proposed entrance of the establishment is 170 feet from a condemned church building owned by St. George Orthodox Church. The proposed entrance of the establishment is 160 feet from the Lake Eola Charter School. Section 58.705 of the LDC prohibits the sale of alcohol within 200 ft. of an established church and/or school property in the AC-3A/T zoning district. The application did not meet the criteria for a full-service restaurant exemption and thus the use requires a variance to the distance separation requirement. The proposed coffee shop will occupy approximately 1,620 sq. ft., ground floor retail space on the southern face of the building. Given the subject site s proximity to Wall Street and many bars along the Downtown Orlando corridor, the proposed use is inline with the existing character of the neighborhood. Staff recommends approval of the requested variance to allow alcohol sales within 160 feet of a school and church, where 200 ft. is required in the AC-3A/T zoning district; subject to conditions in this report. Lake Eola Charter School Aerial Photo Deeply Coffee SUBJECT PROPERTY 160 ft. separation (Variance Request) 170 ft. St. George Orthodox Church Condemned Building
Page 5 Proposed Floor Plan
Page 6 Typical Table Height
Page 7 S i t e Ph o to s Southwest view of the Dynatech Building South view of the condemned Greek Orthodox church building Southeast view of the 1 Choice Hotel Circle parking lot Image of the tenant location/subject site East view of the AT&T building
Page 8 8 Findings Requested Variance: Variance to allow alcohol beverage sales within 160 ft. of an established church and school property, where a 200 ft. alcoholic beverage sales separation is required in the AC-3A/T zoning district. Staff recommends: Approval of the requested variance, subject to the 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. 3. As provided by subsection 166.033(5), Florida Statutes, issuance of a development permit 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 166.033(5), Florida Statutes, it is hereby made a condition of this permit that all other applicable state or federal permits be obtained before commencement of the development. 4. Appearance Review shall be required during permitting to ensure compliance with variance conditions. 5. Sales of alcoholic beverages is limited to on-site consumption at 111 N. Magnolia Avenue, Suite 50 and thus is prohibited outside the 1,620 sq. ft. space. 6. No outdoor advertising or signs visible to the outdoors shall be allowed to advertise the sale of alcohol. 7. The establishment shall not charge a cover charge at any time. 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. OCPA Photo taken 03/05/2015 Photo taken April 2014
Page 9 9 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 o f 4 0 f t. t o a l l o w a 1 6 0 f t. a l c o h o l i c b e v e r a g e s a l e s s e p a r a t i o n i n t h e AC- 3 A / T z o n i n g d i s t r i c t, w h e r e 2 0 0 f t. i s r e q u i r e d. 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. The property consists of a mixed-use building, built in 2006, surrounded by commercial, office, religious, and public benefit uses. 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. The owner has owned the property since 2005, with the property in close location to a church building.. The owner did not create the insufficient distance from the subject site to the church property. 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. Approval of the variance as requested 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. Denial of the variance would deprive the owner/applicant of rights enjoyed by others in a similar circumstance, in that other sites (depending on when constructed or developed) have been approved for a distance less than 200 ft. from a church or school in the past. Minimum Possible Variance The Zoning Variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. The variance requested is the minimum possible variance allowed for the site to be utilized for the eating and drinking use with alcohol sales. 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. Approval of this variance would not be detrimental to the public welfare due to the close proximity of the site to Wall Street and other Downtown Orlando bars. Also, the church building in question has been condemned and thus is not in use by the church for services or activities.
Page 10 10 Answers to Variance Questions