Property Location: 5705 LaCosta Dr. (Parcel ID #s 34-22-30-7801-0-20 and –030, located at the northeast corner of LaCosta Dr. and S. Se-moran Blvd., north of Curry Ford Rd.)(±1.88 acres, District 2).

Applicant’s Request: The applicant is request-ing a design variance to allow the detached can-opy (accessory structure) of a new WaWa store to satisfy the 15 ft. “build-to” line, where the Semoran Blvd. Special Plan requires the princi-pal structure to be located at or in front of said “build-to” line. The applicant is also requesting 3.3 ft., 1.4 ft. and 1.7 ft. variances for the land-scape buffers on the north/side, east/rear and south/street side yards of the site, where a mini-mum 7.5 ft. buffer is required.

S U M M A RY

Location Map Subject Site

Applicant

Joe Kolb, Jr., PE VHB

Project Planner

Jim Burnett, AICP

Owner

LG Semoran LaCosta LLC

Staff Report to the Board of Zoning Adjustment March 24, 2015

WAWA @ LACOSTA DR.& S. SEMORAN BLVD.

VA R 2 0 1 5 - 0 0 0 1 3 I T E M # 2

Staff’s Recommendation: Approval of the de-sign variance and regular variance, subject to conditions in this staff report.

Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of March 9, 2015. As of the published date of this report, staff has received no comments from the public concerning these requests.

Updated: March 17, 2015

Walgreens

Ex-Bowling Alley

Office Complex

Dunkin Donuts

Office Complex

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 2

FU T U R E LA N D US E MA P

ZO N I N G MA P

SUBJECT PROPERTY

OFFICE-MED

MUC-MED

RES-LOW

OFF

ICE-

LOW

LA COSTA DR.

SUBJECT PROPERTY

R-1A/AN

O-1

/AN

/SP

LA COSTA DR.

MU-1/AN/SP

MU-1/AN/SP

S. S

EMO

RAN

BLV

D.

Dunkin Donuts

Office Complex

Office Complex

Ex-Bowling Alley

Ex-Bowling Alley

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 3

PR O J E C T AN A LY S I SProject Description The subject property consists of the existing Ceviche restaurant and the former Perkins restaurant, both on the east side of S. Se-moran Blvd., north of LaCosta Dr., in the Englewood Park neighborhood. The applicant desires to demolish the two (2) restaurantbuildings and to construct a new 5,636 sq. ft. WaWa convenience store and restaurant with gas sales, with 44 total parking spaces. The property is located in the Semoran Blvd. Special Plan (SP) Overlay, which requires that the new structure be located no lessthan 15 ft. from the front lot line. The applicant intends to locate the front edge of the detached gas canopy 15 ft. from the front lot line, to satisfy the SP overlay requirement (design variance request). The applicant is also requesting variable width variances for the landscape buffer on the side (north), rear (east) and street side (south) yards of the site, where a minimum 7.5 ft. buffer is re-quired. Adjacent uses, zoning and future land use designations are provided in Table 1 below.

Previous Actions: 1973: Properties annexed into the City (Doc. #11083). 11/1978: Variance approved to allow parking and monument signs for new restaurants to be closer to S. Semoran Blvd. 1979: Property platted as part of Semoran Management Corp. Subdivision; 2,275 sq. ft. Pizza Hut restaurant constructed at 1163 S. Semoran Blvd.; 5,097 sq. ft. Perkins restaurant constructed at 5705 LaCosta Dr. (corner of S. Semoran Blvd.). 1998: Property at 1163 S. Semoran Blvd. purchased by current owner (Morse Realty, Inc. Trust). 10/2010: Perkins closed (building vacant since then). 4/2011: Semoran Blvd. Special Plan Overlay adopted by City Council (Doc. #1104251103). 1/2012: Ceviche restaurant opened in former Pizza Hut parcel on S. Semoran Blvd. 12/2013: Ex-Perkins property purchased by current owner (Lg Semoran LaCosta, LLC). Conformance with the LDC The property is zoned MU-1/AN/SP (Medium Intensity Mixed Use Corridor, Aircraft Noise (AN) Overlay, Semoran Blvd. Spe-cial Plan (SP) Overlay) and is designated as Mixed Use Corridor, Medium Intensity (MUC-MED) on the City’s Future Land Use Map. The MU-1 zoning allows convenience stores, restaurants and gas sales as an accessory use to retail sales. The Aircraft Noise (AN) Overlay seeks to protect the health, safety, and welfare of persons and property in the vicinity of the Orlando International Airport and Orlando Executive Airport. The AN Overlay district is intended to reduce noise and safety hazards associated with aircraft operations and to preserve the operational stability of the airports. The property is also located in the Semoran Blvd. Special Plan (SP) Overlay, which (per LDC Section 62.408) seeks “to preserve and strengthen commercial land uses and redevelopment opportunities within the Semoran Blvd. corridor.” The SP Overlay ex-tends from Brosche Rd. on the north to near E. Grant St. on the south, with most of the SP plan focused on the revitalization ofareas north of the former K-mart plaza off S. Semoran Blvd. and Curry Ford Rd.

Analysis

Per LDC Section 62.408(f2), a "Build-to” line was established adjacent to S. Semoran Blvd., with the purpose of creating a pedes-trian-oriented Main Street character within the SP area, including the subject property. The line runs parallel to and 15 ft. from both the east and west sides of the Semoran Blvd. right-of-way. The front facades of new (and redeveloped) principal structuresabutting Semoran Blvd. must be constructed along the “build-to” line. A building conforms to this SP requirement if at least 50%

Table 1 - Project Context Future Land Use Zoning Adjacent Use

North Mixed Use Corridor, Medium Intensity (MUC-MED)

MU-1/AN/SP (Medium Intensity Mixed Use Corridor, Aircraft Noise Overlay,

Semoran Blvd. Special Plan Overlay)

Dunkin’ Donuts/ Baskin Robbins

East (across access drive) MUC-MED MU-1/AN & MU-1/AN/SP LaCosta Villas & LaCosta Drive-Thru

South (across LaCosta Dr.) MUC-MED MU-1/AN/SP Walgreen’s & former Bowling Alley

West (Across S. Semoran Blvd.) Office Low Intensity & Office Medium Intensity

O-1/AN/SP (Low Intensity Office - Residen-tial, Aircraft Noise Overlay, Semoran Blvd.

Special Plan Overlay) & O-2/AN/SP (Medium Intensity Office - Residential, Aircraft Noise Overlay, Semoran Blvd.

Special Plan Overlay)

Small Office & Office Complex

Page 4 VAR2015-00013 WaWa @ LaCosta & S . Semoran Page 4 VAR2015-00013 WaWa @ LaCosta & S. Semoran

of the Semoran-facing facade is built along the “Build-to” line. Thus, while MU-1 zoning does not require a front setback, the “build-to” line within the SP Overlay establishes a 15 ft. maximum front building setback. Via a design variance, the proposeddetached canopy (accessory structure) for the Wawa will be located at the 15-ft. “build-to” line, instead of the primary structure (the retail sales/restaurant building) being at the 15-ft. line. Staff supports the design variance request.

Vehicular Use Buffer - In June 2011, staff provided a Zoning Official Determination (LDC2011-00104) for the first Wawa in the City of Orlando, at 7101 Hoffner Ave. (corner of S. Goldenrod Rd.). In that determination, required landscaping around the baseof the principal structure was removed and buffer landscaping adjacent to parking spaces and drive aisles was also reduced. Foranother Wawa on Curry Ford Rd. & El Paso St. (LDC2012-00072), the buffer yard was waived, based on use of a shared drive-way. Other Wawa sites throughout the City have reduced landscaping/buffers via a Planned Development (PD) rezoning or have Code-compliant landscape buffers adjacent to parking spaces and drive aisles.

Per LDC Section 61.312(a7), a minimum 7.5 ft. deep landscape buffer is required between parking spaces & drive aisles and property lines & rights-of-way (R-O-W). Per Table 2 (at right), the development site has the following existing and proposed vehicular buffers (bold indicates variance needed):

The applicant is providing a 30-ft. wide cross-access easement with a 2-way drive to the adjacent Dunkin Donuts pro-perty to the north. The new easement does not line up with the current cross-access drive from the Ceviche restaurant site - staff prefers that the cross-access point be further east (where provided) to avoid conflicting vehicular movements close to S. Semoran Blvd. When the Dunkin Donuts property redevelops, they can relo-cate the cross-access point on their side to match the proposed cross-access point. Staff supports the reduced buffer depths, espe-cially along the north side of the proposed development, in that Dunkin Donuts has a 2-3 ft. buffer depth along their south lotline, which, when combined with the Wawa buffer, would come close to creating a nearly Code-compliant buffer depth.

Additional SP Overlay Requirements - A "Public Visibility” zone is also required on the front portion of the property between the S. Semoran Blvd. street right-of-way and an imaginary line generally running parallel to the S. Semoran Blvd. right-of-way lineand located 10 ft. behind the front facade of the proposed Wawa canopy, but not including the area within 10 ft. of the canopy structure itself (see Figure 62.408-2 below). That portion of the site not located within the “Public Visibility” zone is located in the “Unrestricted” zone. The Public Visibility zone includes a requirement for the planting of street trees no closer than 15 ft.from the S. Semoran Blvd. R-O-W, at intervals ranging between 65 and 100 ft. There are other additional landscaping require-ments within the Public Visibility zone, while standard landscaping requirements also apply within the Unrestricted zone. Conclusion - Staff and the Board have reviewed two (2) previous requests for relief from the S. Semoran SP Build-to Line (Mc-Donald’s, at 1505 S. Semoran Blvd., and Waffle House, at 1815 S. Semoran Blvd.) and recommended approval of both applica-tions. However, the McDonald’s site is located north of Curry Ford Rd., so the Build-to Line was more applicable than with the Waffle House site. Since the Wawa canopy will satisfy the Build-to line requirement and sufficient landscaping is provided throughout the proposed site, staff supports the variance requests, per the conditions provided on page 8 of this report.

SP OV E R L AY Z O N E S

UNRESTRICTED ZONE

PUBLIC VISIBILITY ZONE

PROPOSED CANOPY

(FIGURE 62.408-2)

Table 2 Buffer Depths - Existing & Proposed

Site Front(S. Semoran)

Street Side (LaCosta)

Side (N)

Rear(E)

Existing Ceviche & ex-Perkins

5.5 ft. (per 1978 VAR)

5.5 ft. 4.5 ft. 5.5 ft.

Proposed Wawa 10 ft. with 3 ft. knee wall

5.8 ft. with3 ft. knee wall 4.2 ft. 6.1 ft.

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 5

DUNKIN DONUTS

CEVICHE RESTAURANT

Ex-PERKINS

S. S

EMO

RAN

BLV

D.

LA COSTA DR.

Ex-BOWLING ALLEY

BU

ILD-TO

LINE

BU

ILD-TO

LINE

2014 SU RV E Y SI T E PH O T O S

SI T E PL A N CANOPY

WAWA

A. Design variance to allow gas canopy to satisfy 15 ft. build-to line (in lieu of prin-cipal structure).

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 6

PRO P O S E D BU I L D I N G EL E VAT I O N S

AE R I A L PH O TO

FACING LaCOSTA DR.

FACING SEMORAN BLVD./SR 436

30 ft.

FACING NORTH

FACING EAST

SUBJECT PROPERTY

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 7

PRO P O S E D CA N O P Y PRO F I L E & EL E VAT I O N

PRO P O S E D LA N D S C A P E PL A N

5.8 ft.

4.2 ft.

6.1 ft.

B. Buffer variances, from 7.5 ft. to 4.2 ft. (north), 6.1 ft. (east) and 5.8 ft. (south)

FACING LaCOSTA DR.

LaCOSTA DR.

S. SEMORAN BLVD.

FACING S. SEMORAN BLVD.

Page 8 VAR2015-00013 WaWa @ LaCosta & S . Semoran Page 8 VAR2015-00013 WaWa @ LaCosta & S. Semoran

New Wawa Canopy Build-to Line (Design Variance) & Reduced Buffer Depths (Variance)A. Design Variance to allow the gas pump canopy of a new Wawa store to satisfy the 15-ft. build-to line of the Semoran Spe-

cial Plan Overlay, where said Special Plan requires new principal structures to meet the build-to line requirement (per LDC Section 62.408(f2)); and

B. Variance of 3.3 ft. (north), 1.4 ft. (east) and 1.7 ft. (south) to allow 4.2 ft., 6.1 and 5.8 ft. (respectively) landscape buffers for the proposed Wawa, where a minimum 7.5 ft. buffer is required (per LDC Section 61.312(a7)).

Staff Recommendation: Approval of the requested Design Variance, based on the finding that the requested Design Variance meets 51% of the nine (9) standards for approval of a design variance, and approval of the requested buffer variance, based on the finding that said variance meets the six (6) standards for approval of a regular variance, all 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. All other applicable state or federal permits must be obtained before commencing development. 3. Site shall meet all applicable landscape requirements of the S. Semoran Special Plan Overlay. Urban Design Conditions4. Appearance Review shall be required at time of permitting to confirm compliance with these variance conditions. 5. Site landscaping and irrigation shall fully comply with all aspects of LDC Chapter 60 (landscaping) and LDC Chapter 61

(parking) that are not granted relief by this variance. 6. The street wall shall be designed and constructed according to the specifications of the Semoran Blvd. Special Plan Design

and Technical Specifications Manual. The width of the street wall and paver strip shall be 5 ft. total, as required in said Manual.

7. The crosswalk through the driveway shall be constructed of a material other than asphalt. Finished concrete or unit pavers are acceptable materials. 8. Per LDC Chapter 61, parking rows adjacent to the building shall have landscape areas at all four corners of the building. 9. Landscape areas 3 ft. wide are required between parking spaces and the building, and shall be added where vehicular or ac- cessibility paths are not impeded. 10. Landscape areas at the ends of parking rows are required to be at least 10-ft. wide (LDC Chapter 61). 11. The retention pond shall be landscaped with rain garden or wetland plants endemic to Central Florida. 12. The front (west-facing) fascia of the canopy shall be constructed at the 15-ft. “build-to” line (15 ft. between the canopy face

and the S. Semoran Blvd. R-O-W line). Permitting Condition13. An analysis of overhead utilities in the LaCosta Dr. R-O-W and within proximity of the canopy shall occur prior to permit-

ting. 14. A determination will be made at time of permitting as to whether the property needs to be replatted.

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 subjectproperty 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 doesnot 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.

FINDINGS AND RECOMMENDATIONS

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 9

D E S I G N V A R I A N C E : A L L O W G A S C A N O P Y ( I N S T E A DO F T H E P R I N C I P A L S T R U C T U R E ) T O M E E T 1 5 - F T .

B U I L D - T O L I N E I N T H E S . S E M O R A N S P O V E R L A Y

S T A N D A R D S F O R D E S I G N V A R I A N C E A P P R O V A L

Conformance to the Code and the GMP

Logic of Design

Exterior Space Utilization

Attractiveness

Materials Selection

Compatibility with Surrounding Properties

Circulation & Parking, Vehicular & Pedestrian

Accepted Architectural Principles

Protection of Property Values

Revitalization of Depressed Areas

Meets Standard Yes No

The proposed gas canopy building setback is consistent with the intent of the S. Se-moran Special Plan Overlay, especially those areas north of Curry Ford Rd.

Meets Standard Yes No The design of the proposed Wawa site is typical to and in keeping with design ele-ments of the S. Semoran SP Overlay.

Meets Standard Yes No

The proposed building setback provides superior exterior space utilization on the site and within the SP Overlay.

Meets Standard Yes No

The proposed building and development site is attractive.

Meets Standard Yes No

Materials to be used in the retail/restaurant building and canopy are balanced and consistent with other Wawa sites.

Meets Standard Yes No

The proposed Wawa gas canopy will line up with other redeveloped sites to the north and south within the S. Semoran SP Overlay.

Meets Standard Yes No

The proposed gas pump canopy setback will not create sight visibility or circulation issues for pedestrian or vehicular traffic.

Meets Standard Yes No

The proposed gas pump canopy will adhere to accepted architectural styles and ele-ments used elsewhere in the S. Semoran SP Overlay.

Meets Standard Yes No Renovation of the site with the proposed Wawa store and gas canopy will do much to increase property values in the area.

Meets Standard Yes No Removal of the existing vacant buildings and replacing it with a Wawa will aide in the revitalization of this portion of S. Semoran Blvd.

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 10

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.

S T A N D A R D S F O R V A R I A N C E A P P R O V A L

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 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 de-velop in violation of the restrictions of this Chapter shall also not constitute grounds for approval.

Minimum Possible Variance The Zoning Variance requested is the mini-mum variance that will make possible the rea-sonable 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

Approval of the variance would be viewed as being harmonious with the pur-pose and intent of the Code. Continued use of the property within Code re-quirements will continue to promote the appearance and character of the imme-diate neighborhood. Granting the variance would not be detrimental to the pub-lic welfare.

Meets Standard Yes No

The variance requested is the minimum possible variance to allow redevelop-ment of the site as currently proposed.

Meets Standard Yes No

Denial of the variance and/or approval of a lesser variance could put an addi-tional and unforeseen financial burden on the applicant relative to increased cost to redesign the site to accommodate additional buffers.

Meets Standard Yes No

Approval of the variance would not be viewed as conferring a special privi-lege, based on the special conditions of the property and circumstances behind the variance request.

Meets Standard Yes No

The owner purchased one property in late 2013 and will be leasing the other property, which still has an existing operating restaurant. Generally, existing buffer depths will be exceeded by the new buffer depths of the new develop-ment.

Meets Standard Yes No

The property consists of an existing restaurant and former restaurant (2 lots), all on a corner lot in the Englewood Park neighborhood. The site is being rede-veloped with a new Wawa store and restaurant with gas sales.

V A R I A N C E B : A L L O W R E D U C E D B U F F E RD E P T H S F O R A N E W W A W A S T O R E , W H E R E A

M I N I M U M 7 . 5 F T . B U F F E R I S R E Q U I R E D( V A R I A N C E S O F 3 . 3 ( N ) , 1 . 4 ( E ) & 1 . 7 ( S ) F T . )

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 11

AP P L I C A N T’S RE S P O N S E S T O DE S I G N VA R I A N C E

VAR2015-00013 WaWa @ LaCosta & S. Semoran Page 12

A P P L I C A N T ’S RE S P O N S E S T O SE T BAC K V A R I A N C E S