TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning and Zoning Department
THROUGH: Donald B. Cooper, City Manager
DATE: March 15, 2016
Title
CONSIDERATION OF THREE WAIVER REQUESTS TO LDR SECTION 4.4.13(F)(7)(A), WHICH REQUIRES MINIMUM REAR SETBACK OF 10 FEET FOR ALL FLOORS WHERE 0.69 FEET IS PROPOSED ON THE FIRST FLOOR AND 1.19 FEET IS PROVIDED ON THE UPPER FLOORS; LDR SECTION 4.4.13(F)(4)(C)(1)&(2), WHICH REQUIRES A BUILDING FRONTAGE FOR THE LOWER AND UPPER LEVELS, RESPECTIVELY, ALONG THE EAST/WEST ALLEY; AND, LDR SECTION 4.6.18(B)(14)(IV)(2), WHICH REQUIRES A MINIMUM TRANSPARENCY OR GLASS SURFACE AREA OF 75% WHERE 10% IS PROPOSED FOR FOURTH & FIFTH DELRAY (IPIC), LOCATED SOUTH OF EAST ATLANTIC AVENUE, BETWEEN S.E. 4TH AVENUE AND S.E. 5TH AVENUE. (QUASI-JUDICIAL HEARING)
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Recommended Action:
Recommendation
a. Move approval of a waiver to LDR Section 4.4.13(F)(7)(a), which requires minimum rear setback of 10 feet for all floors where 0.69 feet is proposed on the first floor and 1.19 feet is provided on the upper floors, based on positive findings with LDR Section 2.4.7(B)(5).
b. Move approval of a waiver to LDR Section 4.4.13(F)(4)(c)(1)&(2), which requires a specific building frontages for the lower and upper levels, respectively, along the east/west alley, based on positive finding with LDR Section 2.4.7(B)(5).
c. Move approval of a waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires a minimum transparency or glass surface area of 75% where 10% is proposed, based on positive findings with LDR Section 2.4.7(B)(5)
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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
Waivers:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
Waiver 1.a. - Rear Setbacks
Per LDR Section 4.4.13(F)(7)(a), the rear setback in the CBD zoning district is 10 feet for all floors. The proposed setback is 0.69 feet on the movie theater on the east side of the north-south. The applicant has requested a waiver from the rear setback requirement.
The applicant’s justification for this waiver is detailed in the SPRAB staff report dated December 16, 2015.
Waiver Analysis - Rear Setbacks
The area of the setback encroachment is located at the northern terminus of the north/south alley (after abandonment). Due to the configuration of the alley from the conversion of the Martini property, 20 feet will become landscape area at the northern terminus of the alley, which will address the massing concern of the reduced building setback. Further, the massing concern of the reduction of the setback is mitigated since the most impacted property (Martini) directly across the alley to the west will be owned by the applicant and is being developed as a public access easement connecting the north-south alley. The proposed waiver does not significantly affect the neighboring area since the reduction and massing issue only directly impacts the applicant’s own property. The setback reduction will not diminish the provision of public facilities or create an unsafe situation since it is at the northern terminus of the alley. The relief would not grant a special privilege since it is believed that if the exact circumstances were to occur elsewhere, the waiver could be supported. It is noted that there are no known cases to date where a similar request was made or granted. Based on the above positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings.
Waiver 1.b. - Building Setbacks
The project does not comply with LDR Section 4.4.13(F)(4)(c)(1)&(2) for the lower and upper floors along the east-west alley. The total length of the building along the east/west alley is 196.41 feet. The project is required to provide a maximum of 90% (176.78 feet) of the building frontage at 10 feet from the property line for the lower floors (0 feet to 25 feet in height). The proposed development provides 180.63 feet within 10 feet of the property line. The waiver for this is 3.85 feet. The remaining length (19.63 feet minimum) of the building needs to provide a minimum setback of 15 feet and a length of 6.45 is proposed. For the upper floors (25 feet to 48 feet in height) along the alley, the building is required to be setback a minimum of 15 feet for a minimum of 70% of the building frontage (137.49 feet). The proposed building does not comply with this requirement since only 103.6 feet (137.49 feet required) of the building is setback 15 feet from the property line. The applicant has requested a waiver from the instances where the building does not comply with the frontage requirement for the lower and upper levels.
The applicant’s justification for this waiver is detailed in the SPRAB report dated December 16, 2015.
Waiver Analysis - Building Setbacks
The proposed development provides too much building within the lower and upper floor setback area in the amount of 3.85 linear feet (180.63’-176.78’=3.85’) for the lower floor. The upper floor is not setback far enough in the amount of 33.89 linear feet (137.49’ - 103.6’ = 33.89). The applicant indicates that compliance is problematic due to nature of the theater use, which essentially needs large flat walls that don’t allow for the plane changes that standard commercial or residential buildings can accommodate. It is noted that the upper level encroachment is also due to the nature of the use. Given the height of the theater (29.75 feet), the first floor essentially “encroaches” into the upper level “air space” and becomes part of the calculation for both levels. The applicant is also correct in noting that subject setback/step-back requirements are essentially streetscape requirements that control the massing and scale as it relates to a street. These streetscape concerns don’t have the same level of importance along the subject alley that has commercial uses on both sides. Based on the above positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings.
Waiver 1.c - Window Area
Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. The development proposal provides 10% transparency along SE 5th Avenue. The applicant has submitted a waiver request from the minimum transparency requirement.
The applicant’s justification for this waiver is detailed in the SPRAB report dated December 16, 2015.
Waiver Analysis - Window Area
The purpose of this requirement is to ensure that the relationship between the pedestrian and the businesses along the street is maintained. The proposed development provides public art, benches, a “green” wall, and unique architecture to provide a pedestrian friendly environment. The proposed movie theater and the interior layout of the theaters do not provide an opportunity to provide the desired streetscape to allow for window shopping and to draw the pedestrian in a continuous effort to draw the pedestrian along the street. The benches, public art and landscaping should provide an environment that will be pedestrian friendly and contribute to the streetscape along the building frontage on SE 5th Avenue. This transparency is achieved on SE 4th Avenue for the proposed retail. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made.
City Attorney Review:
Approved as form and legal sufficiency.