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HomeMy WebLinkAboutExhibit A - Staff Findings1 Exhibit A Staff Findings Section 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Response: The applicant proposes the use of various tents at various locations on site. There are four areas indicated for potential use, but the applicant has identified one primary location where the majority of events will take place. The Fountain Courtyard is identified as the area where the vast majority of the events will take place. This is the largest of all areas and therefore the largest of the proposed tents. This portion of the property is fully screened as viewed from Dean St to the north, or Monarch St to the west. The St Regis hotel is at least four stories tall on those sides, and a significant portion of the Mill St side of the courtyard is screened by a two story structure and the remaining portion is screened by additional four story elements. The tents would only be visible from Juanita St on the uphill side of the St Regis, and the court yard is sunken below the level of Monarch and Mill streets. Despite the size of the tent, the visual impact on the surrounding area would be minimal. The application states the Fountain Courtyard tent would measure 66’x60’ and can accommodate up to 350 guests. Tents are projected to be used in this courtyard for 32 of the 40 days. Two days are to be used in the Mountain Plaza, and one in the Pool Deck. The remaining five days of use have not been determined. Staff supports approving 5 additional, undecided days, provides the applicant flexibility. The Mountain Plaza proposed tent measures 30’x30’ and could accommodate up to seventy (70) guests. The Pool deck tent is typically 10’x10’ and is only used to cover cooking areas during the Food and Wine Classic. The proposed tents in all locations have a minimal impact on the surrounding area. Staff finds this criterion to be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The St Regis is located in the Lodge zone district with a PD overlay. The proposed use is consistent with the programming of a lodge, and the uses in the surrounding area. The use of the temporary structures would have a minimal impact on the immediate vicinity. Staff finds this criterion to be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. 2 Staff Response: As mentioned before, the use would be consistent with the neighborhood character. The St Regis already hosts a significant number of guests throughout the year and the temporary structures would have negligible increases is traffic or services to the area. Loading and unloading is done through the Mountain Plaza access off Monarch Street. Street parking is available and used during such activities. Any noise generated by the use of the tents would have the greatest impact on the hotel and a reduced impact on the surrounding neighborhood. The applicant indicates that the St Regis limits loud music or similar entertainment will be limited to 9pm, and will comply with noise ordinances in the City. Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Response: The applicant has proposed approval for a total of forty (40) days throughout the year. This request is based on usage of tents in previous years, with an additional buffer built in. The applicant is also requesting a minimum of five (5) annual recurrences, and ideally up to ten (10). Staff is supportive of granting annual recurrences, but will look to Council to decide on the number of annual recurrences approved. Staff finds this criterion to be met. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Lodge zone district is to encourage the operation of lodges, tourist-oriented multi-family buildings, high occupancy timeshares, and ancillary uses compatible with lodging to support the City’s resort economy. The temporary use would support that purpose. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Response: The St Regis and surrounding zone district encourage guest services that enhance the City’s resort oriented economy. This temporary use structure would further the St Regis’ ability to accommodate guests and events throughout the year. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The proposed use would help to enhance the St Regis’ ability to accommodate guest and events throughout the year. The temporary use could improve the safety of the guest that attend these events during inclement weather. Staff finds this criterion to be met. 4 Growth Management Quota System 26.470.040.7 Temporary uses and structures. The development of a temporary use or structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with the applicable sections of Commercial Design Review – Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, including affordable housing mitigation requirements, if compliant with the applicable sections of Commercial Design Review – Chapter 26.412, if erected for 7 consecutive days or less in a 12-month period, and approved pursuant to Chapter 26.450 – Temporary and Seasonal Uses. Erection of these enclosures for longer than 7 consecutive days in a 12-month period shall require compliance with the Commercial Design Review – Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Staff Response: The applicant is requesting a forty (40) day temporary use approval, requiring compliance with Commercial Design Guidelines (below), and affordable housing mitigation. Staff has calculated the appropriate affordable housing mitigation to be $4,554.44. The calculation may be found in Exhibit C, to follow. Mitigation fees would be due at the time the first tent permit is issued in each year of approval. 26.412.060. Commercial Design Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. Guidelines and Standards 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. Staff Response: Temporary Use applications do not require review by Planning and Zoning or Historic Preservation. The application is considered by City Council and a determination on the appropriateness of the application. The review criteria for the Commercial Design Review is below. Staff finds this to be not applicable. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040.D, Variations. Staff Response: All standards and applicable Guidelines have been met. Staff finds this criterion 4 to be met. 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal; Staff Response: Application not subject to review by commission. City Council to provide direction. b. weigh the applicable guidelines with the practicality of the measure. Staff Response: Subject to direction from City Council. Commercial Design Guidelines: General 1.22 Complete and accurate identification of materials is required. Staff Response: The applicant provided images of typical tents that indicate materials. The materials indicated are consistent with tent materials approved for other events in similar locations. Staff finds this criterion to be met. Mountain Base 6.2 Place building into the topography to minimize visual impacts from downtown and to reinforce a strong relationship to the mountain. Staff Response: The location of the proposed tents in the center of the St Regis property will shield them from view as seen from downtown. Staff finds this criterion to be met. 6.4 Incorporate open space into building placement and site design. Staff Response: The proposed locations are on existing courtyard areas on the interior of the property. The proposed tents will allow guests views of the mountain during the events and utilize the outdoor spaces on property. Staff finds this criterion to be met. 6.7 Carefully plan parking areas and loading zones to minimize visual impact. Staff Response: The applicant plans to use the pedestrian access off Monarch St. and available on street parking in the area for loading and unloading of materials during set up. The disturbance will be temporary and not a significant visual disturbance. Staff finds this criterion to be met.