The applicant proposes to construct a 2,904 square foot, 2-story building that would contain a restaurant or restaurant bar on the first floor and a 1,133 square foot apartment on the second. The building would not have side yard setbacks, but it would have a 12-foot front setback and a 15-foot rear setback. The front setback would contain outdoor seating for the restaurant, and the rear setback would contain an ADA parking space and a fenced utility area, accessible by vehicle through a City-owned public parking lot. Access to the second-floor apartment would be through a breezeway in the south edge of the building connecting to a stairwell in the building’s center.
The commercial area, proposed to be used as a restaurant or restaurant bar, would contain an outdoor seating area in the front, indoor dining and lounge areas, a bar, a kitchen, and two ADA bathrooms. Signage for this business would be placed on the front wall of the second story. There would be outdoor lighting in the outdoor seating and rear parking areas.
Application Request: The applicant requests a Modification of Required Yards to be permitted to build at the side lot lines without a 10-foot setback on each side, in accordance with Section 24-78 of the Land Development Code. The modification can be approved if the following criteria, specified in Section 24-78(C) and stated herein, are met: No modification of required yards or setbacks shall occur except according to the following criteria:
(1) By adjusting the location of the structure on the site, an architectural and/or engineering study can graphically demonstrate that a superior site development as relating to shadows and/or compatibility with adjacent low density residential neighborhoods will result from such adjustment; or
(2) By adjusting the location of the structure on the site it is found that:
(a) There is continuity of yards between the proposed development and adjacent properties; and
(b) There is continuity of architectural features with adjacent properties which encourages public pedestrian interaction between the proposed development and the public street; or instead of (a) and (b) above, it is found that:
(c) There is continuity of architectural features with adjacent properties; and
(d) There is continuity of urban scale, including height, proximity to the street and relationship of building size, with adjacent properties.
(D) Additional requirements for modification of required yards:
(1) All other land development code requirements are met.
(2) The intent and spirit of the dimensional regulations of the applicable district concerning yards as relating to air, light and shadow is maintained.
Parking/Mobility Fee Program: The project requires five are parking spaces.
- Required Parking: 5
- Project Provided Parking: 1
- Mobility Fee Program: The applicant will be required to participate in the Downtown Mobility Program for the parking spaces not provided to comply with zoning requirements.
- Parking Access: Under separate agenda item, is the consideration of an Access Easement for the project to access the proposed parking space through the City's parking lot adjacent to the property.
Zoning District Regulations in the Downtown Mixed Use District, Park Place Sub-Area:
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Standard
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Required
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Proposed
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Status
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Minimum Landscape or Pervious Area
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5%
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12%
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Complies
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Front Setback
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12'
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12’
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Complies
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Side (north)
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10'
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0'
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Modification Requested
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Side (south)
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10'
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0’
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Modification Requested
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Rear
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10'
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15’
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Complies
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Unit Size
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900 min, 1,100 avg
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1,133
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Complies
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Parking Spaces
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5 spaces
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1 space
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Requires Payment of Mobility fee for 4 Spaces and Access Agreement
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Comprehensive Plan Future Land Use Map:
- The subject property has a Comprehensive Plan Future Land Use Map (FLUM) designation of Local Activity Center.
- The proposed request is consistent with the underlying FLUM designation.
- The residential component would be consistent with the use of permitted density at this site.
Findings:
Proposed is a mixed-use new building on a vacant lot in the Downtown. The addition of residential units above businesses is considered a best-practice in downtown area planning and corresponds with the stated purpose of the Park Place Sub-Area’s zoning regulations. The proposed building would not have side yards, although 10-foot side yards are required on both sides of the building. In this particular case, compliance would result in a building that is 5 feet wide.
The Land Development Code, however, provides a mechanism through Section 24-78, for permitting a building without side yards in this lot if the Development Review Committee makes proper findings. This Committee determined that the criteria in Section 24-78(C)(2)(a) and Section 24-78(C)(2)(b) are met for use of this mechanism. It finds that there is continuity of yards between the proposed development and adjacent properties and continuity of architectural features with adjacent properties which encourages public pedestrian interaction between the proposed development and the public street. All other buildings on this block are built without side yards, and gaps between buildings along pedestrian-oriented shopping streets are not advisable. The project complies with all other applicable zoning requirements and fulfills the intent and spirit of the regulations.
The applicant proposes to provide a single parking space and agrees to enter into an agreement to make the mobility fee payment to meet parking requirements. The mobility fee is $7,000 for every parking space required but not provided. The applicant is required to have 5 total spaces, but only 1 space is being provided; the applicable mobility fee will be $28,000, and the applicant has the option to amortize this fee over a period of 9 years with a 3 year deferral.
The parking and utility areas would be accessible only through a City-owned public parking lot; the applicant has requested that the City consider entering into a formal access agreement, which will require City Commission approval. This approval will be considered in a separate agenda item.
Applicable Code Sections:
Sec. 24-78. - Modification of required yards in certain zoning districts; criteria for modification of required yards.
(A) The development review committee may, in conjunction with site development reviews of downtown mixed use district, federal highway mixed use business and entertainment district and mixed use land development projects, consider a request to modify the setbacks or yards as required by the respective land development code provisions, and may recommend to the planning and zoning board and city commission approval of such request provided that the criteria set forth below are met.
(B) Commission consideration of yard modification shall take place at a duly noticed public hearing and according to quasi-judicial procedures.
(C) No modification of required yards or setbacks shall occur except according to the following criteria:
(1) By adjusting the location of the structure on the site, an architectural and/or engineering study can graphically demonstrate that a superior site development as relating to shadows and/or compatibility with adjacent low density residential neighborhoods will result from such adjustment; or
(2) By adjusting the location of the structure on the site it is found that:
(a) There is continuity of yards between the proposed development and adjacent properties; and
(b) There is continuity of architectural features with adjacent properties which encourages public pedestrian interaction between the proposed development and the public street; or instead of (a) and (b) above, it is found that:
(c) There is continuity of architectural features with adjacent properties; and
(d) There is continuity of urban scale, including height, proximity to the street and relationship of building size, with adjacent properties.
(D) Additional requirements for modification of required yards:
(1) All other land development code requirements are met.
(2) The intent and spirit of the dimensional regulations of the applicable district concerning yards as relating to air, light and shadow is maintained.
(Ord. No. O-2007-011, § 2, 5-2-07)