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HomeMy WebLinkAboutAgenda Memo Self Storage Kings Highway Variance (002) Planning & development services Board of Adjustment Memorandum TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner DATE: April 13, 2021 SUBJECT: Petition of Wylie Klyce for a Variance from the provisions of the St. Lucie County Land Development Code Section 7.05.06. C.2.(f)(3) to allow a driveway with left turn movements to be located less than 350-feet from the Turnpike Feeder Road parallel base building line and a Variance from LDC Section 7.05.06. C. 2(c) to allow the edge of a driveway less than twenty- five (25) feet from a side property line. ITEM NO.: 2021-51454 AGENDA NO.: 7.B. Applicant: Wylie Klyce Rapid Building Solutions 350 E Crown Point Road Suite 1080 Winter Garden, FL 34787 Agent: Morgan Hampton Common Oak Engineering 1209 Edgewater Drive Suite 100 Orlando, FL 32804 Location: Southeast corner of Turnpike Feeder Road and Miramar Avenue Parcel ID Number: 1313-232-0002-000-1 Project Size: 4.64-acres Zoning District: CG (General Commercial) Future Land Use: COM (Commercial) Purpose: The purpose of this variance is to allow a full access driveway connection to Miramar Avenue Existing Use: Vacant Utilities: St. Lucie County Utilities, Water & Wastewater Services Board of Adjustment Staff Report Self-Storage Kings Highway Variance (BA-3202125999) April 13, 2021 2 (2018) Site Aerial BACKGROUND: The 4.64-acre undeveloped property is located at the southeast corner of Turnpike Feeder Road and Miramar Avenue. The property is zoned CG (Commercial, General), with a compatible COM (Commercial) Future Land Use designation and are located inside of the Urban Service Boundary (USB). VARIANCE REQUEST The applicant is proposing to develop a self-storage facility. This Variance seeks to allow 1.) a full access driveway connection for a use generating more than 50 vehicle trips per day less than 350 feet from the parallel base building line and 2.) the same driveway to be located less than 25 feet from the side property line to the east. SITE ACCESS REVIEW The self-storage facility use is estimated to generate 197 daily trips, with 71 of those trips estimated to use the proposed full access driveway on Miramar Avenue. Miramar Avenue is a 2-lane undivided roadway with a posted speed of 25 mph. A second full access driveway will be shared with Indrio Crossings Plaza, to the south, on Turnpike Feeder Road (SR 713). Turnpike Feeder Road (SR 713) is a 4-lane divided roadway with a posted speed of 45 mph in the area. Miramar Avenue Driveway Subject to Petition 216.67’ 487.09’ Board of Adjustment Staff Report Self-Storage Kings Highway Variance (BA-3202125999) April 13, 2021 3 Conceptual Site Plan ******************************************************************* STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The Variance does not entirely arise from conditions that are unique and peculiar to the land and physical surroundings as defined in the St. Lucie County Land Development Code (LDC). Special conditions do not exist that would result in an unnecessary hardship for the owner, lessee, or occupant, thus, the petition does not distinguish the variance from mere inconvenience. LDC conflict is created by the actions of the property owner and is not based on conditions that are peculiar to land. The literal enforcement of the 350-foot minimum setback would not be impractical or result in an undue hardship that would prevent enjoyment of the properties as additional access is being provided to the south. 176‘ – Turnpike Feeder Road BBL 10’ – Property Line Board of Adjustment Staff Report Self-Storage Kings Highway Variance (BA-3202125999) April 13, 2021 4 According to LDC Section 704.04, “Base Building Lines are hereby established from which all front, side, and rear yard setbacks are to be measured. For all thoroughfares in St. Lucie County, the base building line dimension from centerline shall be in accordance with dimensions shown on the Base Building Line Information Chart”. The base building line is measured at 65 feet from the center of the Right-of-Way in this location on Turnpike Feeder Road. The existing Right-of-Way varies from approximately 130 feet wide to 290 feet wide in this location. As a result, the base building line (BBL) would then be measured from the Right-of-Way line. The property has 216 feet of frontage on Miramar Avenue. The site does not have enough frontage on Miramar Avenue for a full access driveway in compliance with the LDC. Access is also proposed through a shared access with the shopping center to the south. This non-exclusive cross access easement agreement was secured on March 10, 2021 (OR Book 4572 Page 2421-2429). Right-of-Way Variations 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested Variance is not expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, and therefore, should have no negative impact on property values. The proposed project is compatible with the surrounding properties. There is a commercial shopping plaza to the south, freestanding commercial establishments to the northwest, and a gas stations to the north and southwest of the proposed development. LDC Section 7.05.06.C.2(c) requires the edge of a driveway shall not be less than twenty-five feet from a side property line. The intent of this code is to provide adequate separation between driveways on adjacent properties. 216.67’ Board of Adjustment Staff Report Self-Storage Kings Highway Variance (BA-3202125999) April 13, 2021 5 LDC Section 7.05.06.C.2(f)(3) references the requirement of any use that will generate more than 50 vehicle trips per day shall not be authorized left turn movements to access that driveway unless the nearest edge of the driveway is a minimum of 350 feet from the parallel base building line. The intent of this code is to prevent vehicles crossing travel lanes within close proximity to an intersection for safety purposes. Of the approximately 71 daily trips estimated to be dispersed from the proposed driveway, 6 trips are estimated to make left turn movements onto Miramar Avenue towards Turnpike Feeder Road. Existing Roadway Improvements / Circulation Pattern 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested Variance is not the minimum needed to make possible the reasonable use of land, building, and structures that would result in an unnecessary hardship for the property owner, Without the granting of this Variance, a Right-in Only driveway could be proposed from Miramar Avenue that would comply with current codes. Also, the driveway could be eliminated, and all trips could be from the joint access to the south. While the requested Variance is not the minimum needed to make possible the reasonable use of the land, building, and structures, the location does promote access off the lower classification roadway. Typically, driveway access would be recommended on the lower classification side road; however, the required 350’ separation dimension cannot be met in this instance because the road frontage along Miramar Avenue is only 216.67’. Also, a driveway connection from Turnpike Feeder Road, a State Roadway, may be difficult Board of Adjustment Staff Report Self-Storage Kings Highway Variance (BA-3202125999) April 13, 2021 6 to attain with the existing northbound, right-turn lane and median that was recently constructed within the last year. Without the granting of this proposed variance, a driveway is still being proposed from the shopping center to the south; however, that would send all 197 trips on that driveway. The proposed secondary access point allows for increased traffic distribution rates and increased clearing times by sending approximately 71 daily trips to the proposed driveway. Shared access promotes synergy between the two commercial developments, which provides connections and directs trips off the higher classification roadway. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). The decreased driveway setback is in conflict with Section 7.05.06 of the St. Lucie County Land Development Code. Pursuant to Section 7.05.06.C.2(c), which states, “The edge of a driveway shall not be less than twenty-five (25) feet from a side property line.”. Pursuant to Section 7.05.06.C.2(f)(3), which states, “Any use, existing or proposed, located on the property(s), to be served by the driveway under application, that will generate more than fifty (50) vehicle trips per day, shall not be authorized left turn movements to access that driveway unless the nearest edge of the driveway is a minimum of three hundred fifty (350) feet from the parallel base building line.”. The proposed location of the driveway is 10 feet from the east property line and 176 feet from the Turnpike Feeder Right-of-Way. The dimensions would be approximately 15 feet short of the minimum requirement for the east property line and 174 feet short of the minimum requirement from Turnpike Feeder Road. The variance desired is not in conflict with the following St. Lucie County Comprehensive Plan Policies: - Policy 2.1.2.3 - Review access driveways and new roadway connections associated with development to assure safety and compatibility with the existing and future roadway network. Impose requirements for conformity, as condition of development approval. - Policy 2.2.1.5 - To improve accessibility for all modes of transportation and reduce environmental impacts, encourage all adjacent developments to share common driveways and provide pedestrian interconnections whenever feasible, to reduce the number of driveways on major thoroughfares and potentially reduce environmental impacts on Hutchinson Island and other environmentally sensitive areas of St. Lucie County. RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to the strict interpretation of the standards of review as set forth in St. Lucie County’s Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested variance. If the Board acts to authorize the Variance, staff recommends conditioning the approval to require the shared access connection to the south, securing the dispersed trip distribution as proposed on the Site Plan. Board of Adjustment Staff Report Self-Storage Kings Highway Variance (BA-3202125999) April 13, 2021 7 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF WYLIE KLYCE FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.06.C.2(F)(3) TO ALLOW A DRIVEWAY WITH LEFT TURN MOVEMENTS TO BE LOCATED LESS THAN 350-FEET FROM THE TURNPIKE FEEDER ROAD PARALLEL BASE BUILDING LINE AND SECTION 7.05.06.C.2(C) TO ALLOW THE EDGE OF A DRIVEWAY LESS THAN TWENTY-FIVE (25) FEET FROM A SIDE PROPERTY LINE, THAT WILL ALLOW A SIDE SETBACK OF TEN (10) FEET, CONDITIONED UPON THE SHARED ACCESS CONNECTION TO THE SOUTH, SECURING THE DISPERSED TRIP DISTRIBUTION AS PROPOSED ON THE SITE PLAN, BECAUSE…. (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF WYLIE KLYCE FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.05.06.C.2(F)(3) TO ALLOW A DRIVEWAY WITH LEFT TURN MOVEMENTS TO BE LOCATED LESS THAN 350-FEET FROM THE TURNPIKE FEEDER ROAD PARALLEL BASE BUILDING LINE AND SECTION 7.05.06.C.2(C) TO ALLOW THE EDGE OF A DRIVEWAY LESS THAN TWENTY- FIVE (25) FEET FROM A SIDE PROPERTY LINE, THAT WILL ALLOW A SIDE SETBACK OF TEN (10) FEET BECAUSE…. (CITE REASON WHY - PLEASE BE SPECIFIC)