TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning and Zoning Director
THROUGH: Donald B. Cooper, City Manager
DATE: March 15, 2016
Title
Final Plat Approval for Fourth & Fifth Delray (iPic), located south of East Atlantic Avenue, between S.E. 4th Avenue and S.E. 5th Avenue (Quasi-Judicial Hearing)
Body
Recommended Action:
Recommendation
Move approval of the Final Plat for Fourth and Fifth Delray (Ipic) Replat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations.
Body
Background:
The project area consists of portions of Lots 7 and 10, and all of Lots 8 & 9, and 14 through 18, Block 101 Town of Linton, together with a portion of the north/south alley that has been approved and is subject to conditions. The properties contain the former municipal library that was built in 1969 and the former Chamber of Commerce office that was built in 1948.
At its meeting of December 16, 2015, the Site Plan Review and Appearance Board (SPRAB) considered the Class V site plan for a commercial mixed use development that consists 7,487 square feet retail; 42,446 square feet of office; a 44,979 square foot (497 seats) 8-screen movie theater; and the provision of a 5,084 square foot terrace on the third floor above the theater that will be accessible to the general public. The Board voted 6 to 1 (Knight dissenting) to postpone the Class V, Landscape Plan, and Architectural Elevations for the project. The Board voted 6 to 1 (Youngross dissenting) to recommend approval to the City Commission of the waiver to the rear building setback [LDR Section 4.4.13(F)(7)(a)]. The Board voted 5 to 2 (Porak, Youngross dissenting) to recommend approval to the City Commission of the waiver to the building setback along the alley [LDR Section 4.4.13(F)(4)(c)(1)&(2)]. The Board voted 6 to 1 (Youngross dissenting) to recommend approval to the City Commission of a waiver to the minimum window transparency or glass surface area [LDR Section 4.6.18(B)(14)(iv)(2)].
At its meeting of January 20, 2016, the Site Plan Review and Appearance Board reconsidered the Class V site plan, landscape plan, and architectural elevations for the commercial mixed use development. The Board voted 5 to 2 (Youngross, Aguila dissenting) to approve the Class V site Plan. The Board voted 6 to 1 (Youngross dissenting) to approve the landscape plan. The Board voted 5 to 2 (Youngross, Aguila) dissenting to approve the Architectural Elevations.
At its meeting of February 22, 2016, the Planning and Zoning Board voted 6 to 0 (Smith absent) to recommend approval to the City Commission of the Final Plat with the suggestion that the plat not be recorded prior to acceptance and dedication of the public access easement on the Martini Property.
Discussion:
The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan.
Plat Analysis:
City staff has reviewed the plat and determined that all technical comments have been satisfied.
Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations.
Attachments:
• Location Map
• Aerial Photo
• Plat
• Planning and Zoning Board Plat Staff Report of February 22, 2015 (Associated with the Final Plat review)
• Minutes from the Planning and Zoning Board meeting of February 22, 2015 (Associated with the Final Plat review)
City Attorney Review:
The item should be fully vetted with legal for adherence with existing ordinances and laws.