Staff Report to the
Board of Zoning Adjustment
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ITEM #2
W A W A @ L A C O S TA D R .
& S. S E M O R A N B LV D .
Office Complex
Dunkin
Donuts
Office Complex
Ex-Bowling Alley
Walgreens
Location Map
Subject Site
S U M M A RY
Applicant
Joe Kolb, Jr., PE
VHB
Owner
LG Semoran LaCosta LLC
Project Planner
Jim Burnett, AICP
Updated: March 17, 2015
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. Semoran Blvd., north of Curry Ford Rd.)(±1.88
acres, District 2).
Staff’s Recommendation: Approval of the design variance and regular variance, subject to
conditions in this staff report.
Public Comment
Courtesy notices were mailed to property owners
Applicant’s Request: The applicant is request- within 300 ft. of the subject property the week of
ing a design variance to allow the detached can- March 9, 2015. As of the published date of this
opy (accessory structure) of a new WaWa store report, staff has received no comments from the
to satisfy the 15 ft. “build-to” line, where the
public concerning these requests.
Semoran Blvd. Special Plan requires the principal 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 landscape buffers on the north/side, east/rear and
south/street side yards of the site, where a minimum 7.5 ft. buffer is required.
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VAR2015-00013 WaWa @ LaCosta & S. Semoran
S. SEMORAN BLVD.
FUTURE LAND USE MAP
OFFICE-MED
Dunkin
Donuts
Office Complex
RES-LOW
OFFICE-LOW
SUBJECT
PROPERTY
R.
S TA D
LA C O
Ex-Bowling Alley
MUC-MED
ZONING MAP
MU-1/AN/SP
Office Complex
R-1A/AN
O-1/AN/SP
SUBJECT
PROPERTY
MU-1/AN/SP
D
OSTA
LA C
R.
Ex-Bowling Alley
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VAR2015-00013 WaWa @ LaCosta & S. Semoran
P R O J E C T A N A LY S I S
Project Description
The subject property consists of the existing Ceviche restaurant and the former Perkins restaurant, both on the east side of S. Semoran Blvd., north of LaCosta Dr., in the Englewood Park neighborhood. The applicant desires to demolish the two (2) restaurant
buildings 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 less
than 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 required.
Adjacent uses, zoning and future land use designations are provided in Table 1 below.
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 - Residential, 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
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. Special 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 extends from Brosche Rd. on the north to near E. Grant St. on the south, with most of the SP plan focused on the revitalization of
areas 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 pedestrian-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 structures
abutting Semoran Blvd. must be constructed along the “build-to” line. A building conforms to this SP requirement if at least 50%
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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 proposed
detached 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 base
of the principal structure was removed and buffer landscaping adjacent to parking spaces and drive aisles was also reduced. For
another Wawa on Curry Ford Rd. & El Paso St. (LDC2012-00072), the buffer yard was waived, based on use of a shared driveway. 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
Table 2 Buffer Depths - Existing & Proposed
buffer is required between parking spaces & drive aisles and
Street Side
Side Rear
Front
Site
property lines & rights-of-way (R-O-W). Per Table 2 (at right),
(LaCosta)
(N)
(E)
(S. Semoran)
the development site has the following existing and proposed
5.5 ft. (per
Existing Ceviche
5.5 ft.
4.5 ft. 5.5 ft.
vehicular buffers (bold indicates variance needed):
1978 VAR)
& ex-Perkins
The applicant is providing a 30-ft. wide cross-access easement
10 ft. with
5.8 ft. with
with a 2-way drive to the adjacent Dunkin Donuts pro-perty to Proposed Wawa 3 ft. knee wall 3 ft. knee wall 4.2 ft. 6.1 ft.
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 relocate the cross-access point on their side to match the proposed cross-access point. Staff supports the reduced buffer depths, especially along the north side of the proposed development, in that Dunkin Donuts has a 2-3 ft. buffer depth along their south lot
line, 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 line
and 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 requirements 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 (McDonald’s, at 1505 S. Semoran Blvd., and Waffle House, at 1815 S. Semoran Blvd.) and recommended approval of both applications. 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.
S P O V E R L AY Z O N E S
(FIGURE 62.408-2)
PUBLIC VISIBILITY ZONE
PROPOSED CANOPY
UNRESTRICTED ZONE
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VAR2015-00013 WaWa @ LaCosta & S. Semoran
SITE PHOTOS
2 0 1 4 S U RV E Y
DUNKIN DONUTS
S. SEMORAN BLVD.
CEVICHE RESTAURANT
Ex-PERKINS
.
A DR
OST
C
A
L
BUILD-TO LINE
WAWA
CANOPY
SITE PLAN
BUILD-TO LINE
A. Design variance to allow
gas canopy to satisfy 15 ft.
build-to line (in lieu of principal structure).
Ex-BOWLING ALLEY
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VAR2015-00013 WaWa @ LaCosta & S. Semoran
P R O P O S E D B U I L D I N G E L E VAT I O N S
30 ft.
FACING SEMORAN BLVD./SR 436
FACING LaCOSTA DR.
AERIAL PHOTO
FACING NORTH
SUBJECT
PROPERTY
FACING EAST
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VAR2015-00013 WaWa @ LaCosta & S. Semoran
FACING LaCOSTA DR.
PROPOSED
CANOPY
PROFILE &
E L E VAT I O N
FACING S. SEMORAN BLVD.
S. SEMORAN BLVD.
LaCOSTA DR.
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)
5.8 ft.
PROPOSED
LANDSCAPE PLAN
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FINDINGS AND RECOMMENDATIONS
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 Special 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 Conditions
4. 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 accessibility 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 Condition
13. An analysis of overhead utilities in the LaCosta Dr. R-O-W and within proximity of the canopy shall occur prior to permitting.
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 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.
Page 9
VAR2015-00013 WaWa @ LaCosta & S. Semoran
STANDARDS FOR
DESIGN VARIANCE
APPROVAL
DESIGN VARIANCE:ALLOW GAS CANOPY (INSTEAD
OF THE PRINCIPAL STRUCTURE) TO MEET 15-FT.
BUILD-TO LINE IN THE S. SEMORAN SP OVERLAY
Conformance to the Code and the GMP
Meets Standard
Yes
;
No
The proposed gas canopy building setback is consistent with the intent of the S. Semoran Special Plan Overlay, especially those areas north of Curry Ford Rd.
Logic of Design
Meets Standard
Yes
;
No
The design of the proposed Wawa site is typical to and in keeping with design elements of the S. Semoran SP Overlay.
Exterior Space Utilization
Meets Standard
Yes
;
No
The proposed building setback provides superior exterior space utilization on the site
and within the SP Overlay.
Attractiveness
Meets Standard
Yes
;
No
No
The proposed building and development site is attractive.
Materials Selection
Meets Standard
Yes
;
Materials to be used in the retail/restaurant building and canopy are balanced and
consistent with other Wawa sites.
Compatibility with
Surrounding Properties
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.
Circulation & Parking,
Vehicular & Pedestrian
Meets Standard
Accepted Architectural Principles
Meets Standard
Yes
;
No
The proposed gas pump canopy setback will not create sight visibility or circulation
issues for pedestrian or vehicular traffic.
Yes
;
No
The proposed gas pump canopy will adhere to accepted architectural styles and elements used elsewhere in the S. Semoran SP Overlay.
Protection of Property Values
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.
Revitalization of Depressed Areas
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.
Page 10
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.
Minimum Possible Variance
The Zoning Variance requested is the minimum variance that will make possible the reasonable 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.
VAR2015-00013 WaWa @ LaCosta & S. Semoran
VARIANCE B: ALLOW REDUCED BUFFER
DEPTHS FOR A NEW WAWA STORE, WHERE A
MINIMUM 7.5 FT. BUFFER IS REQUIRED
(VARIANCES OF 3.3 (N), 1.4 (E) & 1.7 (S) FT.)
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 redeveloped with a new Wawa store and restaurant with gas sales.
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 development.
Meets Standard
Yes
;No
Approval of the variance would not be viewed as conferring a special privilege, based on the special conditions of the property and circumstances behind
the variance request.
Meets Standard
Yes
;
No
Denial of the variance and/or approval of a lesser variance could put an additional and unforeseen financial burden on the applicant relative to increased
cost to redesign the site to accommodate additional buffers.
Meets Standard
Yes
; No
The variance requested is the minimum possible variance to allow redevelopment of the site as currently proposed.
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 character of the immediate neighborhood. Granting the variance would not be detrimental to the public welfare.
Page 11
APPLICANT’S RESPONSES
VAR2015-00013 WaWa @ LaCosta & S. Semoran
TO
DESIGN VARIANCE
Page 12
VAR2015-00013 WaWa @ LaCosta & S. Semoran
A P P L I C A N T ’ S R E S P O N S E S T O S E T BAC K V A R I A N C E S