TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: May 3, 2016
Title
APPEAL OF HISTORIC PRESERVATION BOARD DENIAL OF THE CERTIFICATE OF APPROPRIATENESS AND THE CLASS V SITE PLAN FOR 226 PALM COURT, DEL-IDA PARK HISTORIC DISTRICT INCLUDING A LANDSCAPE PLAN, ARCHITECTURAL ELEVATIONS, AND A WAIVER REQUEST (QUASI-JUDICIAL HEARING)
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Recommended Action:
Recommendation
Motion to Consider recommendations presented to the HPB for the four requests associated with the new construction of a three-story, mixed-use building are provided below:
Waiver
Approve the waiver request to LDR Section 4.4.17(H)(3), to permit parking between the building and right of way, based upon positive findings with respect to LDR Section 2.4.7(B)(5).
COA and Site Plan
Approve the Certificate of Appropriateness and Class V Site Plan (2015-169) for 226 Palm Court, Del-Ida Park Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.4.5(F)(5) and 2.4.6(H)(5), subject to the following conditions:
1. That a five foot right of way dedication for the portion adjacent to George Bush Boulevard be approved by the City Commission prior to issuance of a building permit; and,
2. That a Plat be recorded prior to the issuance of a Certificate of Occupancy for the development.
Landscape Plan
Approve the Landscape Plan (2015-169) for 226 Palm Court, Del-Ida Park Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 4.6.16.
Architectural Elevations
Approve the Architectural Elevation (2015-169) for 226 Palm Court, Del-Ida Park Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 4.5.1(E)(8).
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Background:
At its meeting of March 2, 2016, the HPB motioned to deny the requests in a single motion, which passed on a vote of 5 to 1 (Andrea Sherman dissented; Rhonda Sexton absent). The basis of the denial was that the request and approval thereof was not consistent with the Comprehensive Plan and did not meet the criteria set forth in LDR Sections 2.4.5(F)(5), 2.4.6(H)(5), and 2.4.7(B)(5). The appeal, which was submitted by the applicant on March 16, 2016, is being processed pursuant to LDR Section 2.4.7(E), Appeals.
The submitted COA and Class V Site Plan request included the following:
• Demolition of the existing and vacant non-contributing, one-story duplex;
• Construction of a three-story, mixed-use building with a total of 15,055 square feet (under roof):
o First Floor consists of covered parking for 12 spaces, and a lobby space with elevator access to the second floor.
o Second Floor consists of 5,052 total square feet of medical office, including two balconies.
o Third Floor consists of a single-residential unit with three bedrooms consisting of 4,493 total square feet, including a porch and open terrace.
• Installation of four parking spaces at the front of the building including a loading/delivery space, and one handicap space.
• Landscaping improvements throughout the property.
• A waiver to LDR Section 4.4.17(H)(3) to permit the four parking spaces in the area between the street and the structure.
The proposed project meets the requirements for concurrency and complies with the Performance Standards . Positive findings were presented to the HPD as the proposal is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations with the exception of the parking provided between the structure and the right of way (requested waiver). The technical requirements provided in the Visual Compatibility Standards of Section 4.5.1 were met which determine the compatibility and appropriateness of height and scale; however, the proposed scale and mass were of concern to the Planning Staff.
The complete Site Plan, Landscape Plan, Architectural Elevations, and Waiver request reviews are provided in the attached HPB Staff Report.
City Attorney Review:
Approved as to form and legal sufficiency.
Timing of Request:
Pursuant to LDR Section 2.4.7(E) Appeals.