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Property Location: 1349 N. Mills Ave. (west of Portland Ave., and north of Mon-tana St., southeast corner of the intersection of Mills Ave. and Virginia Dr.) (±0.57 acres, District 4) Applicant’s Request: Variance request to allow a 48 ft. side yard setback, where 25 ft. is the maximum al-lowed in the AC-N/T zoning district.

S u m m a r y

Location Map Subject Site

Owner

Aaron Vinson, AIDS Healthcare Foundation Applicant John Riordan, Harris Civil Engineers

Project Planner

Katy Magruder

Staff’s Recommendation: Approval of the requested variance, subject to the conditions of the staff report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property during the week of October 8, 2018. As of the published date of this report, staff has re-ceived one phone call from the public in sup-port of the variance.

Updated: October 18, 2018

O U T O F T H E C L O S E T

VAR 2 0 1 8 - 1 0 0 4 4 I t e m # 6

Staf f Report to the Board of Zoning Adjustment October 23 , 2018

Future Land Use Map

Zoning Map

SUBJECT

PROPERTY

SUBJECT

PROPERTY

Project Analysis Project Description The 0.57-acre property is currently vacant and located at a prominent intersection that leads to three different Orlando Main Street Districts and is part of the Mills 50 Main Street District boundary. The applicant proposes to construct a 6,276 sq. ft. commercial building intended for light retail, a surface parking lot, and required landscaped buffer areas. The proposed layout places the building at the northwest corner of the site, at the intersection of N. Mills Ave. and Vir-ginia Dr. with pedestrian entrances on both street frontages. In order to accommodate the building pulled up to the corner of the intersection and the parking areas in the rear, the applicant requests a variance of 35 ft. to the required maximum side setback from the east side property line of 25 ft. within Activity Centers of the Traditional City. Project Context: The property is zoned Neighborhood Activity Center in the Traditional City Overlay (AC-N/T), and is designated as Neighborhood Activity Center (NEIGH-AC) on the City’s Future Land Use map. Table 1 depicts surrounding Future Land Use and zoning designations.

Previous Actions: 1920: Property platted as part of the Mount Vernon Heights First Addition 2017: Current owners purchased property

Intent of District

The Neighborhood Activity Center district (AC-N) is intended to provide for concentrated areas of neighborhood-serving commercial, office, residential, recreational and cultural facilities, at intensities compatible with surrounding neighbor-hoods. Although some Neighborhood Activity Centers may be composed of a single type of use, a mixture of land uses is specifically encouraged.

The t Overlay District is intended to establish urban design standards to perpetuate the positive design elements and the residential and commercial development patterns found within the Traditional City. The traditional City shall be de-fined by recognizable geographic boundaries of subdivisions platted prior to World War II in which there is a concentra-tion of the positive design elements as defined in Urban Design Goal 1.

Conformance with the LDC:

The proposed light retail use is a permitted use within the AC-N zoning district. The applicant proposes to meet all set-back regulations with the exception of the internal side maximum setback regulation of 25 ft. See setback table below.

Table 1 - Project Context

Future Land Use Zoning Adjacent Use

North Neighborhood Activity Center (NEIGH-AC) Neighborhood Activity Center in the

Traditional City and Mills Avenue Special Plan Overlays (AC-N/T/SP)

Car Wash

East Neighborhood Activity Center (NEIGH-AC) Neighborhood Activity Center in the Traditional City Overlay (AC-N/T)

Gas Station

South Neighborhood Activity Center (NEIGH-AC) Neighborhood Activity Center in the Traditional City Overlay (AC-N/T)

Commercial

West Residential Low Intensity Low Intensity Development Multi-family & Single Family

Table 2—Setbacks (AC-N/T)

Front (Virginia Dr.) Street-side (Mills Ave.) Side (East) Rear (South)

Required 15 ft. build-to line 5 ft. build-to line Max 25 ft. Min 25 ft.

Proposed 15 ft. 5 ft. 48 ft. 60 ft.

Project Analysis The site plan proposal is compatible with the AC-N zoning regulations for intensity, impervious surface ratio, and height. See Table 3 below.

The amount of parking spaces proposed for the light retail building is in compliance with the minimum and maximum regulations. See Table 4 below.

The landscape buffer areas are also proposed to meet Code with Bufferyard B provided to the east and the required stormwater retention proposed in the rear along the south property line.

Analysis

The proposed commercial structure will activate both street frontages on Mills Ave. and Virginia Dr. with pedestrian entrances addressing both. For this site specifically, the applicant was required to pull the building up to the corner of the intersection. In order to keep the structure below the maximum intensity allowed of 0.30, the structure had to be limited in size. To meet the 25 ft. maximum side setback requirement, the building would have had to be stretched lengthwise, and the narrowed building would not be as appealing to retail tenants with a lack of depth. Additionally, the lengthened building would have an effect on the activation of the Virginia Dr. street frontage, leaving a larger portion of the frontage open to view the surface parking area.

The maximum side setback is also difficult to meet in this specific instance due to the 24 ft. minimum dimension of a two-way drive aisle and required Bufferyard B on the east side property line to create separation between the multi-family and single family uses to the east.

For these reasons, staff supports the requested variance from the maximum side setback requirement of 25 ft.

Table 3—Development Standards (AC-N/T)

Acres/SF Use Proposed

Area

Intensity—FAR [Floor to area ratio]

ISR [impervious surface ratio]

Building Height

Max Proposed Max Proposed Max Proposed

±0.57 Light Retail 7,405 gsf 0.30 0.30 0.75 0.72 35 27 ft.

Table 4—Parking Requirements

Use Minimum Ratio Maximum Ratio Proposed

Light Retail 2.5 spaces/1,000 sf of GFA

(19 spaces min) 5 spaces/1,000 sf of GFA

(37 spaces max) 19 including 1 ADA space

Aerial Photo

Subject Site

Survey

Site Plan

Landscape Plan

Elevations

South Elevation

East Elevation

Elevations

North Elevation

West Elevation

Northwest Elevation

Site Photos

Looking at the property from the intersection of Mills Ave. and Virginia Dr.

Looking at the property from Virginia Dr.

Requested Variance Variance request to allow a 48 ft. side yard setback, where 25 ft. is the maximum allowed in the AC-N/T zoning district.

Staff Recommendation: Approval of the requested variance, based on the finding that the variance meets the six stand-ards for approval of a variance, subject to the following conditions: 1) Development shall be in strict conformance with all conditions and the survey and site plans found in this report, sub-

ject to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the ap-proved 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 other applicable 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) A landscape island must be provided adjacent to the dumpster. 5) Dumpster enclosure/gates: Service areas and dumpster enclosures shall incorporate architectural materials and de-

sign details similar to the principal buildings. Service areas shall have gates or screens that shield the areas from view when not in use. Design of gates shall be solid and have architectural interest to complement the building. Landscape screen including low hedge and ground-cover shall be provided to soften the view from the public ROW if stand-alone structures.

6) 6 ft. tall wall must be articulated every 20-30 ft. with vertical elements (such as pilasters / columns) 7) Enhanced landscape screening to the south and east property lines must be provided. 8) Existing vegetation to the south of the property must remain. 9) Sidewalk to the east of the building is substandard in size. Minimum size of sidewalk is 4 ft. internal only. 10) Sidewalk along N Mills and Virginia 6 ft. minimum in width. Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly rep-resented 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 require-ments, and shall receive all necessary permits before initiating development. Please contact the Permitting Services Di-vision of the City of Orlando to inquire about your next steps toward receiving a building permit.

Findings and Recommendations

Special Conditions and Circumstances

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applica-ble 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.

Standards for Variance Approval

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.

Deprivation of Rights

Literal interpretation of the provisions con-tained in this Chapter would deprive the ap-plicant 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 ap-plicant. Financial loss or business competi-tion shall not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the re-strictions of this Chapter shall also not consti-tute grounds for approval.

Minimum Possible Variance

The Zoning Variance requested is the mini-mum variance that will make possible the reasonable use of the land, building or struc-ture.

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 continue to promote the appearance and char-acter of the immediate neighborhood. Granting the variance would not be detrimental to the public welfare.


The variance requested is the minimum possible variance to allow the site to incorporate the required minimum depth of the two-way drive aisle, parking space depth, required sidewalk and bufferyard.


Denial of the variance could put an additional and unforeseen burden on the owner.


Approval of the variance would not be viewed as conferring a special privilege, based on the special conditions and circumstances of the property.


The single family homes located in the low density development district to the east (R-3A) are the reason for the Bufferyard B requirement which is not created by the applicant.


The subject site has two street frontages at a prominent intersections where the building must be pulled up to the northwest corner of the site to address the street. The minimum two-way drive aisle depth in com-bination with the required Bufferyard B on the east side keep the maxi-mum side setback from being met on the east side.

Variance request to allow a 48 ft. side yard setback, where 25 ft. is the maximum allowed in the AC-N/T zoning district.

Applicant responses

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