VAR2016-00004 jared jewelry parking.pub

Staff Report to the
Board of Zoning Adjustment
February 23, 2016
VA R 2 0 1 6 - 0 0 0 0 4
ITEM #3
J A R E D J E W E L RY S TO R E P A R K I N G
4095 M I L L E N I A B LV D .
Millenia Target
DeVry Institute
Best Buys
Mall at Millenia
Location Map
Subject Site
S U M M A RY
Applicant
Mike Rubino, Proj. Mgr.
GPD Group
Owner
Cameron Gp Associates LLP
Project Planner
Jim Burnett, AICP
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 r equesting 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: Appr oval of the
variance, subject to conditions in this staff report.
Updated: Febr uar y 16, 2016
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
FUTURE LAND USE MAP
SuperTarget
SUBJECT
PROPERTY
URBAN-AC
DeVry Institute
OFFICE-LOW
Best Buy
RES-MED
Mall at Millenia
ZONING MAP
Millenia Target
SUBJECT
PROPERTY
Best Buy
Mall at Millenia
DeVry Institute
Page 3
P R O J E C T A N A LY S I S
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
Intensity (MUC-HIGH) and (across
Conroy Rd.) Community Activity
Center (COMM-AC)
R-3B (Medium Intensity
Residential Development) & AC-1
(Community Activity Center)
Vacant Land & Holy Land
East
MUC-HIGH
MU-2 (High Intensity,
Mixed Use Corridor)
Interstate 4
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
Minimum / Maximum
Parking
Spaces
request to 31 total spaces. This will result in only Uses
Parking Ratio
Requirement Provided
two (2) spaces more than what the site currently has,
(min./max.)
even with the former drive-through lanes converted
Bank (former)
2.5 spaces / 1,000 sq. ft.
into indoor retail space.
29 spaces
(5,540
sq.
ft.)
Gross Floor area (GFA)
14 / 39
The applicant has provided justification in support of
(existing)
7
spaces
/
1,000
sq.
ft.
GFA
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
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.
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GOOGLE 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.
AERIAL PHOTO
SUBJECT
PROPERTY
Page 5
EXISTING
S U RV E Y
PROPOSED PLAN
SITE PLAN STILL SHOWS 34
SPACES (3 SPACES WILL
NEED TO BE DELETED). PROVISION OF CODE-COMPLIANT
LANDSCAPING MAY HELP TO
DECREASE THE 3 SPACES,
FOR A MAXIMUM 31 SPACES.
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BUILDING
E L E VAT I O N S
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.
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STANDARDS FOR
VARIANCE 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.
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.
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.
VARIANCE:
A L L O W 3 1 P A R K I N G S PA C E S F O R A N E W
J E W E L R Y S T O R E , W H E R E C U R R E N T LY
L I M I T E D T O A M A X I M U M 2 4 S PA C E S
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.
Meets Standard
Yes
No

Approval of the variance would not confer a special privilege, based on the
special conditions and circumstances.
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
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

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.
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.
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APPLICANT RESPONSES TO VARIANCE CRITERIA