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 privileg...
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