Property Location: 450 S. Orange Ave. (Parcel ID #35-22-29-1354-02-030, at the northwest corner of S. Orange Ave. and W. Anderson St., south of City Hall Plaza)(±0.81 acres, District 5).

Applicant’s Request: In an effort to provide needed signage for what will be a major tenant within the CNL I office building, the applicant is requesting a variance of ±58 sq. ft. to allow a larger monument sign with close to 120 sq. ft. of copy area, where a maximum 60 sq. ft. of sign copy area is allowed in the Downtown Sign Dis-trict.

Staff’s Recommendation: Approval of the variance, subject to conditions in this staff re-port.

S U M M A RY

Location Map Subject Site

Applicant

Jack McNertney, VP, Red Lobster

Project Planner

Jim Burnett, AICP

Owner

CNL Plaza Ltd.

Staff Report to the Board of Zoning Adjustment November 25, 2014

RED LOBSTER GROUND SIGN 450 S. ORANGE AVE.

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Public Comment: Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of November 17, 2014. As of the published date of this report, staff has not received any comments from the public concerning this request.

Updated: November 7, 2014

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PR O J E C T AN A LY S I S Project Description

The subject property consists of the 15-story CNL I office building, located on a 0.81-acre parcel in the downtown Orlando Cen-tral Business District. As a major tenant, Red Lobster is locating their corporate offices in the office building and desires to aug-ment the existing monument sign on S. Orange Ave. with additional signage. To effect this sign addition, the applicant is applying for a variance of +58 sq. ft. to allow a monument sign no larger than 118 sq. ft., where monument sign area is limited to 60 sq. ft. in the Downtown Sign District.

The property is zoned AC-3A/T (Downtown Activity Center, Traditional City Overlay) and is designated Downtown Activity Center on the City’s Future Land Use Map. Adjacent uses, zoning and future land use designations are per Table 1 below.

Previous Actions 1990: Property previously platted as part of City Hall Complex (Lots A & B City Commons). 1999: CNL I Building constructed. 2000: Determination issued (LDC2000-00008) relative to placement of 56 sq. ft. non-illuminated CNL ground/projecting sign on the northern side of the property, adjacent to 1.3-acre City Commons Plaza. 2001: Permit issued (BLD2001-00353) for 56 sq. ft. CNL monument sign. 2010: Subject property replatted as City Commons Lot 3 Block B. 2011: Downtown Development Board (DDB) Development Review Committee (DRC) approves addition of 21 sq. ft. non-illumi- nated monument sign addition (for additional tenants)(DDB2011-00002); sign permit issued (BLD2011-00995). 11/2014: Appearance Review Board (ARB) issues major Certificate of Appearance approval for 41 sq. ft. non-illuminated Red Lobster sign addition atop existing CNL I monument sign.

Conformance with the LDC

The property is zoned AC-3A and is located in the Traditional City (T) Overlay, which denotes those areas of the City developed or platted prior to WW2. The 35,343 sq. ft. lot is irregularly shaped; there are no minimum lot area requirements for AC-3A/T zoning.

Analysis

The owner/applicant intends to place a new 41 sq. ft. sign on top of an existing 77 sq. ft. projecting/monument sign on the north side of the CNL 1 site. Per LDC Section 64.201, the total sign allocation for the CNL 1 site is provided in Table 2 at right. The property is also located in the Traditional City (T) Overlay, which limits where pole or ground signs can be placed, usually based on building setback from the front lot line or when a building is blocked or hidden from view by adjacent buildings. In this case, the original 56 sq. ft. CNL ground sign was determined to be a projecting sign, per LDC2000-00008, because “the sign is affixed to a wall whose leading edge extends beyond the CNL building wall”. However, at some point following erection of the projecting sign, the sign was damaged and replaced (without DDB/DRC approval and without a building permit) with a same size 56 sq. ft. monument (no longer considered a pro-jecting) sign. A 21 sq. ft. sign addition was approved and permitted in 2011, bringing the size of the monument sign up to 77 sq. ft. (see Table 3 at right).

In July 2011, LDC Chapter 64, Signs, was amended by creating Section 64.400, Downtown Special Sign District, which expressly allows monument signs, subject to the following criteria: 1. Monument signs are only allowed on sites with at least 250,000 sq. ft. of

building area and a public or private plaza at least 0.1 acre in area.

Table 2 Sign Standards (AC-3A/T)

Building Frontages Linear ft. multiplier Total area

S. Orange Ave. 111 x 2 222

W. Anderson St. 223 x 1 223

445 sq. ft. Allowable sign area below 30 ft. elevation

Table 1—Project Context - Adjacent Properties Future Land Use Zoning Use

North Downtown Activity Center (DT-AC)

P/T (Public Use, Traditional City Overlay)

Orlando City Hall and City Commons Plaza

East (Across S. Orange Ave.) DT-AC PD/T (Planned Development, Traditional City Overlay)

Dr. Phillips Performing Arts Center

South (Across W. Anderson St.) DT-AC PD/T A-Loft Hotel & OUC Offices

West DT-AC AC-3A/T (Downtown Activity Center, Traditional City Overlay)

Vacant (Plaza)

Table 3 Existing & Proposed Signs

Sign Size Erected

CNL Projecting/Monument Sign

56 sq. ft. 2001

Tenant Panels 21 sq. ft. 2011

Red Lobster Sign 41 sq. ft. pending

Total 118 sq. ft.

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2. Only one monument sign is allowed per site. 3. Monument signs must be located within a public or private plaza and may not be located within 5 ft. of any public right-of

-way. 4. Monument signs may not exceed 10 ft. in height, and may not exceed 60 sq. ft. in area. 5. Monument signs may only display onsite directory and identification material. 6. A monument sign may contain an electronic directory screen of up to 50 in. diagonal, provided that it is not visible to mo-

torists on nearby roads.

Since the existing monument sign already exceeds 60 sq. ft., a variance is needed for the additional 41 sq. ft. proposed via the addition of the Red Lobster sign. The proposed sign addition will continue to be non-illuminated, consistent with the existing 77 sq. ft. monument sign, and will increase the overall sign height to 7 ft. 2 in., below the maximum 10 ft. sign height allowance.

The CNL 1 building has a high-rise sign, but, per LDC Section 64.400( c ), high-rise signs in the Downtown Sign Districts are exempt from the LDC Section 64.246 requirement that halves the maximum copy area of signs located below 30 ft. in elevation. Orlando City Hall only has a wall sign facing City Commons Plaza. The CNL 2 building (to the north) also has a monument sign facing City Commons Plaza.

There is also a small plaza to the rear of CNL 1 (south of City Hall) that a monument sign could be placed in, but visibility would be limited - such a sign might serve as a directional sign (where to park, where offices are located, etc.). Given the size of the City Commons Plaza (1.3 acres) and adherence to the height requirements of the existing and proposed sign addition, staff supports the variance as proposed, per the conditions on page 8, including three (3) ARB conditions relative to the addition of a bronze separation band between the CNL, tenant panels and Red Lobster portions of the sign, planting of a hedge on the south side of the one-sided sign and implementation of a stainless steel finish to match the existing sign.

With increased pedestrian traffic from the new Performing Arts Center to the east and new development east and southeast of the CNL/City Hall plaza, staff recommends a future redesign of the single-sided monument sign to an integrated two sided sign (with duplicate copy on both sides).

AE R I A L PH O TO

SUBJECT PROPERTY

CNL 2

CNL 1

CITY HALL

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SU RV E Y/PL AT

Existing monument sign (Variance Request) W. Anderson St.

CITY HALL

SI T E PH O TO

View of existing sign from southbound S. Orange Ave.

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PR O P O S E D SI G N AD D I T I O N

Plantings have since been changed so as to not block sign panels.

PR O P O S E D SI G N DE TA I L S

7.1 ft.

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ARB S T A F F R E C O M M E N D E D S I G N S E PA R AT I O N B A N D S

SI T E PH O TO O F BA C K S I D E O F SI G N

With additional development to the east and south, duplicate signage could be added to the rear (visible from the south).

(looking north on S. Orange)

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VARIANCE FOR INCREASED MONUMENT SIGN IN DOWNTOWN SIGN DISTRICT Variance of 58 sq. ft. to allow a maximum 118 sq. ft. monument sign, where a maximum 60 sq. ft. monument sign is allowed on a plaza in the City’s Downtown Sign Districts (per LDC Section 64.400 (j).

Staff Recommendation: Approval of the variance, based on the finding that said variance meets the six (6) standards for approval of a variance, subject to the following conditions:

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 applicable City, county, state or federal permits must be obtained before commencing development. 3. Appearance Review shall be required during permitting to ensure compliance with the variance conditions. 4. In order to create a more cohesive appearance and to provide visual separation between the existing and proposed sign panels, a 1.5- to 2-inch tall bronze separation band shall be added between the top of the existing monument sign and the bottom of the proposed Red Lobster sign panel. The height of the Red Lobster sign shall be decreased to accommodate this sign separa- tor. 5. A podocarpus or viburnum suspensum hedge, installed at a height of 48 inches and maintained at a maximum height of 72 inches shall be installed on the south side of the proposed monument sign (the blank side) in order to screen the Red Lobster sign panel mounting brackets. 6. The sides and top of the Red Lobster sign shall match the stainless steel finish of the face of the sign.

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 nec-essary 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

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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 as requested 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 immediate neighborhood. Granting of the variance would not be detrimental to the public welfare or injurious to the Central Business District.

Meets Standard Yes No The variance requested is the minimum possible variance to allow placement of additional sign area on the existing monument sign.

Meets Standard Yes No Denial of the variance would deprive the applicant of the right to identify leased space as a major tenant of a major office building in the downtown, which is the same or similar right enjoyed by others in a similar circumstance within the Central Business District.

Meets Standard Yes No Approval of the variance as requested would not confer a special privilege, based on the special conditions and circumstances of the property.

Meets Standard Yes No The existing sign has been “as is” since it was last enlarged in 2011. The appli-cant did not create the sign as it currently exists.

Meets Standard Yes No The property consists of a 15-story office building in the downtown Orlando Central Business District. The office building has an existing nonconforming monument sign located on the 1.3 acre City Hall Commons (plaza).

V A R I A N C E : A L L O W 1 1 8 S Q . F T . M O N U M E N T S I G N I N T H E A C - 3 A / T D O W N T O W N S I G N

D I S T R I C T , W H E R E S A I D S I G N I S C A P P E D A T 6 0 S Q . F T . ( V A R I A N C E O F 5 8 S Q . F T . )

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