TO: Mayor and Commissioners
FROM: Tim Stillings, Planning, Zoning, and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: April 19, 2016
Title
REQUEST FOR A WAIVER TO LDR SECTION 4.4.13(F)(4)(B)(2) TO ALLOW REDUCED SETBACKS FOR UPPER FLOORS ABOVE 37 FEET, AND A WAIVER TO LDR SECTION 4.4.13(F)(4)(C)(1) TO ALLOW SETBACKS GREATER THAN ALLOWED FOR LOWER LEVELS ALONG THE SIDE STREETS, FOR THE UPTOWN ATLANTIC MIXED USE DEVELOPMENT LOCATED ALONG THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN SW 6TH AND SW 9TH AVENUES. (QUASI-JUDICIAL HEARING)
Body
Recommendation
Motion to approve the waiver requests to LDR Section 4.4.13(F)(4)(B)(2) to allow reduced setbacks for upper floors above 37 feet, and to LDR Section 4l.4.13(F)(4)(c)(1) to allow setbacks greater than allowed for lower levels along the side streets for Uptown Atlantic. (Quasi-Judicial Hearing)
Body
Background:
On December 9, 2015, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan for a residential, commercial and office mixed use development conditioned on the approval of the subject waivers. The SPRAB unanimously recommended approval (5-0; Youngross and Aguila stepped down) to the City Commission.
As noted in the building setback table in the attached SPRAB report, the project does not comply with LDR Section 4.4.13(F)(4)(c)(1) for the lower floors for buildings 600, 700, and 800 along SW 6th Avenue, SW 7th Avenue, SW 8th Avenue, and SW 9th Avenue. Per LDR Section 4.4.13(F)(4)(b)(2), building 800 does not comply for the upper floors along Atlantic Avenue.
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.
The proposed waiver for the lower floors along SW 6th Avenue, SW 7th Avenue, SW 8th Avenue, and SW 9th Avenue are not egregious since the setbacks are greater
than the required maximum setback of 10 feet. If the intent was to continue the building frontage along the street further south from Atlantic Avenue, these waivers
might be problematic. However, the CBD zoning district ends at the southern end of the Uptown Atlantic project. Thus, there is no need to extend that urban design
principle of bringing the buildings up to the street.
The proposed waiver for the upper floor of building 800 can be supported. In this case the fourth floor of this building is required to be stepped-back 15 feet from the front property line for a distance of 196 feet and the building is only setback 15 feet for 130 feet from the front setback. The width of West Atlantic Avenue is greater than East Atlantic Avenue, which perceptively mitigates the effects of the additional massing. Based on the above positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings.
City Attorney Review:
Approved as to legal form and sufficiency.
Timing of Request:
Request is associated with several requests for the Uptown Atlantic Mixed-Use project.