TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning, and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: May 3, 2016
Title
CITY COMMISSION APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) APPROVAL OF FEBRUARY 24, 2016 OF THE CLASS III SITE PLAN MODIFICATION, LANDSCAPE PLAN, ARCHITECTURAL ELEVATIONS, AND A RECOMMENDATION OF APPROVAL FOR A WAIVER FOR THE ONE 10 BUILDING LOCATED AT 110 EAST ATLANTIC AVENUE (QUASI-JUDICIAL HEARING)
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Recommended Action:
Recommendation
Deny the appeal and uphold the February 24, 2016 Site Plan Review and Appearance Board (SPRAB) Class III Site Plan Modification approval with conditions, including the landscape plan and architectural elevations, and the SPRAB recommendation of approval for the waiver for the One 10 Building.
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Background:
On March 11, 2011, the SPRAB approved a Class III site plan modification consisting of a 355 square foot kitchen expansion and architectural elevation changes for a restaurant on the southeast corner of the building known as Café de France. The modifications included the installation of a black fabric awning along the west elevation to cover a sidewalk café area along SE 1st Avenue. On August 27, 2014, SPRAB approved a Class III site plan modification, landscape plan, and architectural elevations for Rocco’s Tacos to convert 423 sq. ft. of lobby space to restaurant, including a new kitchen, ADA compliant restrooms, sidewalk café dining area at the front of the building, and a handicap parking space at the rear. At its meeting of February 24, 2016, SPRAB approved the site plan (Class III), landscape plan and architectural elevations and recommended approval of a porch depth waiver by a vote of 7 to 0, subject to the following additional conditions:
Site Plan: Provide a photometric plan meeting the requirements of LDR Section 2.4.3(M)(1)(f) and compliant with LDR Section 4.6.8, which addresses the Board’s concerns, prior to building permit issuance.
Landscape Plan: A landscape maintenance agreement is required for the proposed plantings outside the property line. The signed agreement with the supporting exhibits must get executed by City Commission.
On April 5, 2016, the City Commission voted 5 to 0 to schedule the February 24, 2016, SPRAB approval for appeal. Included with this item is correspondence from Mr. Gloahec (Cafe de France) and Mr. Kevin Bennett, Esq. (legal counsel) outlining their objections to the SPRAB approval as well as correspondence from Mr. Les Stevens, Esq. representing the building owner. At this same meeting, issues were raised regarding the SPRAB approval. The following are the issues raised at the April 5th meeting along with the Planning Department’s response:
• Failure to determine impact of site plan modification on traffic.
Department’s Response: The project is located in the TCEA (Traffic Concurrency Exception Area) and is exempt from traffic concurrency. A traffic statement is not warranted if the land use application does not add use area or establish a new use which will increase in trips at the site by more than 201 annual daily trips (ADT). The building is existing (more than 40 years) and the proposed changes are not increasing the traffic impact of the site.
• A loading space is required, but was not provided.
Department’s Response: The LDRs gives the SPRAB expressed authority to determine necessary accommodations for loading on a case-by-case basis for site-specific conditions. The building has operated for more than 40 years without a loading space and SPRAB did not require a loading space as a condition of approval.
• The porch depth waiver does not meet CBD (Central Business District) criteria for support.
Department’s Response: The SPRAB action regarding the waiver is not appealable as they are not the final authority.The porch waiver is under consideration by the City Commission if the SPRAB approval is upheld. The merits of the requested waiver will be considered, if the SPRAB approval is upheld, as part of the quasi-judicial hearing for the request.
• Café de France current lease does not expire until September 30, 2019, thus prohibiting the ability for the SPRAB-approved plans to be timely implemented.
Department’s Response: The terms of the lease do not impact the SPRAB approval. A site plan approval is valid for two years unless extended by the approving body.
• Porch waiver must be denied as site owner lacks possessory and development rights to that portion of premises.
Department’s Response: The SPRAB action regarding the waiver is not appealable as they are not the final authority.The porch waiver is under consideration by the City Commission if the SPRAB approval is upheld. The City's LDRs require owner authorization only for land development applications.
City Attorney Review:
Approved as to form and legal sufficiency.
Timing of Request:
The Class III Site Plan Modification approval is conditioned on the approval of the porch depth waiver under consideration by the Commission on the same May 3, 2016 agenda. If the SPRAB approval is not upheld, the waiver request does not need to be considered.