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HomeMy WebLinkAboutExhibit A_Review CriteriaPage 1 of 4 Exhibit A Review Criteria 26.435.050. Mountain view plane review. A. Jurisdiction. Unless subject to Administrative Review as described in Section 26.435.050.D, all applications for development which infringes upon a designated view plane shall be subject to administrative review or review for an exemption in compliance with this Section by the Planning and Zoning Commission or Historic Preservation Commission (collectively, the Review Body). Projects unable to meet the applicable view plane standards shall be required to obtain a variation from the requirements and standards of this section from the applicable review body and are subject to a public vote as required by section 13.14 of the City Charter. Staff Response: Significant portions of the buildings at 305-7 S. Mill and attached features infringe on the Wheeler Opera House View Plane. The proposed mechanical upgrades (KEF and MAU) for the Wild Fig Restaurant are subject to View Plane Review. E. Administrative Review. An addition to a structure or an attached building feature that does not meet the criteria in subsections 1 and 2 above may be approved by the Community Development Director through Administrative Review if: 1. The Infringement is erected only to the minimum height needed to accomplish the purpose for which it serves and the height and setbacks comply with the standards of Section 26.575.020, the dimensional requirements of Chapter 26.710, and the Design Guidelines and Standards in Chapter 26.412, Commercial Design Review or 26.415, Historic Preservation, as applicable; or 2. The Infringement cannot be seen with the naked eye from the reference point as demonstrated by a visual resource analysis. Staff Response: Both of these criteria are required for the review of the proposed rooftop mechanical equipment. The proposed mechanical equipment will be placed behind the 20-foot setback line. Only the connecting ductwork will be within the setback. In regard to criteria #1, the proposed improvements will locate a small exhaust vent and make-up air unit behind the setback and will be the minimum height required. They will not be visible from the reference point once additional screening is installed on the northwestern edge of the roof that is not currently shielded by the parapet wall. Other aspects of the proposed mechanical equipment will not be visible from the view plane origin due to the presence of the parapet wall. These features meet criteria #2. Meeting criteria #1 requires compliance with other aspects of the Land Use Code. The following reviews below give evidence of this compliance. Page 2 of 4 26.575.020.J. Exceptions for Building Code Compliance. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. Staff Response: Without this allowed exception, Staff could not make findings to approve the proposed mechanical equipment. The applicant’s team has worked extensively with City Planning, Building, Environmental Health and Historic Preservation Staff to identify alternatives to the rooftop mechanical. The restaurant is an approved use and all of the development that exists on the property has been approved in various land use cases over the years. Assuming this, the mechanical equipment is a necessity. It has been determined that there are no other practical locations – regardless of cost. The proposed design has been confirmed to be minimal by both the Chief Building Official and Environmental Health Staff. Most importantly, the proposed equipment is necessary to meet building and environmental health codes. Staff finds the required criteria for the exceptions to be met. 26.415.070. Development involving designated historic property or property within a historic district. B. Certificate of no negative effect. 1. An application for a certificate of no negative effect may be made to the Community Development Director for approval of work that has no adverse effect on the physical appearance or character-defining features of a designated property. An application for a certificate of no effect may be approved by the Community Development Director with no further review if it meets the requirements set forth in the following Subsection 26.415.070.B.2: 2. The Community Development Director shall issue a development order based upon a certificate of no negative effect within fourteen (14) days after receipt of a complete application if: a) It is determined that the activity is an eligible work item and meets the City Historic Preservation Design Guidelines and b) Any modifications to the proposed work requested by the Community Development Director are agreed to by the owner/applicant and c) The proposed work will not diminish, eliminate or adversely affect the significant historic and/or architectural character of the subject property or Historic District in which it is located. From: Historic Preservation Guidelines Mechanical Equipment & Service Areas 12.4 Page 3 of 4 • Place mechanical equipment on the ground where it can be screened. • Mechanical equipment may only be mounted on a building on an alley façade. • Rooftop mechanical equipment or vents must be grouped together to minimize their visual impact. Where rooftop units are visible, it may be appropriate to provide screening with materials that are compatible with those of the building itself. Use the smallest, low profile units available for the purpose. • Paint mechanical equipment in a neutral color to minimize their appearance by blending with their backgrounds • In general, mechanical equipment should be vented through the roof, rather than a wall, in a manner that has the least visual impact possible. Staff Response: Mechanical equipment is an eligible work item for consideration under the Certificate of No Negative Effect. There is not a feasible location for the equipment to be installed at ground level. While the equipment is prominently visible, the proposed upgrade does a much better job in grouping the equipment to reduce visual impact. A condition of approval requires the painting of the equipment to a matte, dark grey color. A second condition requires that a required access ladder and safety tie offs for maintenance personnel be approved by the Historic Preservation Officer prior to installation. Staff does not want screening of the equipment. Staff finds these criteria to be met. 26.412.020 – Commercial Design Review A. Applicability. Except as outlined below, this Section applies to all commercial, lodging and mixed-used development within the City requiring a building permit. All development shall be reviewed pursuant to the Character Area in which it is located. The Community Development Director shall assign an appropriate Character Area to properties subject to Commercial Design Review that are not located within a defined Character Area. Staff Response: Some of the work proposed at 305-7 S. Mill will involve minor changes to the exterior on a building that falls within a Commercial Core Character Area. The proposed changes to fenestration are subject to Commercial Design Review. 26.412.090. – Amendments A.3. Administrative Review. The Community Development Director may approve a Commercial Design Review if it is determined that the proposed work has no adverse effect on the physical appearance or character defining features of a development. An application for administrative review may be approved if it meets the following requirements: a) It is deemed that the activity is an eligible work item and meets the Commercial, Lodging, and Historic District Design Standards and Guidelines; and, b) Any modifications to the proposed work requested by the Community Development Director are agreed to by the owner/applicant. Page 4 of 4 Staff Response: Both of these criteria are required for the review of the proposed fenestration changes. The proposed fenestration changes will include work on the north elevation, as well as the east and north façades. These new windows will not have any diminishing impact on the building’s current commercial character, and all changes beyond a like for like replacement are within a courtyard or screened by the existing trellis. Regarding criteria A, the proposed improvements are deemed as an eligible work item and meet the Commercial Design Standards and Guidelines. These features also meet criteria B and are agreed to by the owner/applicant.