TO: Mayor and Commissioners
FROM: Tim Stillings, Director of Planning and Zoning
THROUGH: Donald B. Cooper, City Manager
DATE: March 15, 2016
Title
ACCEPTANCE OF THE LANDSCAPE MAINTENANCE AGREEMENT TO ALLOW LANDSCAPING IN THE SE 4TH AVENUE RIGHT-OF-WAY FOR FOURTH & FIFTH DELRAY (IPIC), LOCATED SOUTH OF EAST ATLANTIC AVENUE, BETWEEN S.E. 4TH AVENUE AND S.E. 5TH AVENUE
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Recommended Action:
Recommendation
Motion to Accept the Landscape Maintenance Agreement to allow landscaping in the SE 4th Avenue Right-of-Way.
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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
The landscape maintenance agreement is necessary for proposed landscaping in the public right-of-way of SE 4th Avenue.
City Attorney Review:
Approved as to form and legal sufficiency.
Attachments:
• Location Map
• Aerial Photo
• Landscape Maintenance Agreement
• 4th and 5th Delray Site Plan