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HomeMy WebLinkAboutminutes.apz.19830920 RECORD OF PROCEEDINGS 100 Leaves F ORM'~ C. F. HOECK EL B. B. Ii L. '-'0. Regular Meeting Planning and zoning commission September 20, 1983 vice Chairman Welton Anderson called the meeting to order at 5:00 p.m. with members Jasmine Tygre, Pat Fallin, Lee Pardee, David White, Roger Hunt and Paul Sheldon present. Commissioner Comments White said the Council went over time sharing in a study session and are going to send it back to P & Z for recommendations. White moved to move the P & Z meeting dates in November to the 8th and 22nd; seconded by Ms. Tygre. All in favor, motion carried. Gail Mahoney, housing office, told P & Z the housing authority has been working all summer on the housing master plan and requested a meeting with P & Z on October 11, 1983. Conditional Use Andrews Colette Penne, planning office, presented a memorandum from the Andrews as part of the record. Ms. Penne said she has not changed her recommendation for denial; the question is whether the use for a dwelling unit in the S/C/I should be there. The basic concern of the planning office is lack of S/C/I space. The units have been up for rent and have not been rented. Ms. Penne said this is inexpensive space. If the P & Z grants a conditional use for an accessory dwelling unit, there will be more and more applications and the problem will magnify. White asked if the staff were looking at zoning any more parcels to SCI. Ms. Penne said not at the moment. White said some of the most beautiful parcels are SCI, they are close to the river. White said he likes this proposal as he does not like businesses right along the river, and it would be a nice residence. Jane Andrews said they would like to upgrade their property, and would like to get capital to do that. That is one of the reasons the property was condominiumized. Bob Andrews said the property is at 1:1 build out, they want to improve the property and get more service/commercial uses. Andrews said they would like to get a viable business going on the property, spend the money on the buildings. Andrews said they are not trying to take the service/commercial out but to develop a building and get a good service/commercial use in. Jane Andrews said having a person move into this use could be two or three years. They do not have an applicant for this space at this time. Vice Chairman Anderson opened thepublic hearing. There were no comments. Anderson closed the public hearing. Assistant City Attorney GaryEsary reminded P & Z the vote last time was 3 to 3, and the three in favor indicated they would only be in favor of this if there were a written conditional use permit with conditions and to limit the value of the residential use in the zone. Esary drafted an agreement to be commented upon both by P & Z and the applicant. Ms. Tygre said a concern is that property management use in this zone would be a conditonal use, and if that is what the Andrews are limited to, it will not be very helpful to build up the business. Esary said the applicant are not talking about a property maintenance company per se, but an equipment rental company which specializes in property maintenance-type rental equipment. Bob Andrews said this is the request. Planning and Zoning Commission September 20, 1984 Paul Sheldon said if the city zoned property S/C/I, it was done so for a purpose, and there appears to be a need for S/C/I property in the area. Sheldon said because of the proximity of Silverking, he is not convinced for the need for housing on this property. Sheldon said he feels housing is incompatible with the S/C/I zone. Hunt said he does not have a problem with a dwelling within the business space, not separate. Pardee said the jOb of the P & Z is not to be looking at hard- ships. The P & Z's job is to protect the zoning and the code. Pardee said if this is accepted, the next one will be difficult to turn down. Anderson said there are bona fide accessory uses in this zone. Pardee said if this were an application for new S/C/I space with accessory residential use, he would agree. But this request is taking away existing S/C/I space. Ms. Penne said the Code does allow for change in use now, and P & Z would be granting that concurrently with this request. White said he sees a benefit in having people live near where they work, so he is in favor of this. Ms. Fallin agreed with Pardee as did Ms. Tygre. Sheldon said the P & Z does not have an application for deed restricted use but an application in good faith, and things change after good faith. Andrews said this request is in the Code, and they are before the Board to determine what criteria are applied to determine what conditonal use and accessory is permitted. Andrews said if the problem is taking away S/C/I, he would suggest that retail operations in the S/C/I move uptown and pay the commercial rents. Anderson agreed the S/C/I zone has been troublesome, what is and what is not service, commercial and industrial uses. Anderson said he supports this application. White asked if it would help if the unit were deed restricted. Pardee said that would be worse because the use would never return to an S/C/I use. Ms. Penne said this conditional use is in the code, and the P & Z must decide if the objectives and purposes of this zone are served by allowed this conditional use. The Board must also decided if this use is compatible with surrounding land area. White said this is in the middle of a river, a bridge, a street and a park. Pardee said he might be in favor of a trade off, if the front of the building were made more attractive and cleaned up, he would view this request in a more favorable light. Andrews said the would clean up the front in the next 6 to 8 months. Pardee said he feels the city would gain something from this condition as the building is not very attractive. Ms. Penne pointed out if this change in use is granted, changing the use base to S/C/I will not be as easy. This may be a solution to an immediate problem. Pardee moved to table this application; seconded by White. Hunt said he had voted no on this application on princple but will change his vote in order to allow this application to keep going to see if they can solve the problems of the P & z. Ms. Tygre, nay; Ms. Fallin, nay; Anderson, aye; Pardee, aye; White, aye; Hunt, aye; Sheldon, nay. Motion carried. Ms. Penne suggested reopening the public hearing and tabling this to a date certain so that the application does not have to be renoticed. Anderson reopened the public hearing. Hunt moved to table the Andrews conditional use to the next meeting; seconded by White. All in favor, motion carried. '-" RECORD OF PROCEEDINGS 100 Leaves FORM '1 C, r. HOECKEL B. B. a l. L~. Regular Meeting Planning and zoning Commission -3- September 20. 1983 The applicants asked what the Board would like for the next meeting. Pardee said he would like to see materials and an elevation from Mill street. Hunt said he feels it is important that the dwelling is an accessory use, that the dwelling unit is minimized and is absolutely accessory to the use. Esary entered three documents from the applicant into the record. Smuggler Run SPA Amendment Colette Penne, planning office, told P & z the request is for Parcel C of the smuggler mobile home park. The homeowners association wishes to amend their SPA plan to allow possible expansion of the mobile homes. The homeowners have prepared architectural standards and covenants, which have been approved by all homeowners. The request is to be able to expand within the guideline of employee housing price guidelines; these limit a two-bedroom to a maximum of 1100 square feet and a three- bedroom to 1200 square feet. Ms. Penne said the only question staff has is whether the covenants should be as open-ended as they read. Ms. Penne said they give autonomy to the homeowners when reviewing applications for additions. These could be made more restrictive and make the expansions more uniform throughout the park. Ms. Penne told P & Z she feels the homoeowner should have creativity and uniformity is not as important. Ms. Penne recommended to P & z approval to allow expansion with the conditions in the memo. Hunt said he is against this because by adding additional square footage, the price goes up and probably out of the range of other employees. Ms. Penne told P & z these mobile homes and the expansion will still conform to the requirements for new mobile home parks, including setbacks and open space. Hunt said he has a problem allowing every unit to expand; it will end up with wall-to-wall buildings. Ms. Tygre asked how this would effect the availability of employee housing. Ms. Penne told P & z this is to add living space only. These cannot be offered for more bedrooms than they were installed as. Anderson opened the public hearing. There were no comments. Anderson closed the public hearing. White moved to recommend to Council approval of the amendment to Smuggler Run SPA to allow for expansion of each of the units with the conditions listed in the planning office memorandum of September 20, 1983; seconded by Ms. Fallin. All in favor, with the exception of Hunt. Motion carried. Upper Elementary School Ms. Penne reminded P & Z a year ago, they did a conditional Special review for use of the upper elementary school by community Review. groups, building department, school offices, some Church groups. Most of these groups are coming for P & Z to look at the use of the building. Ms. Penne said the enrollment of the school is picking up, and they are using the school for kindergarten. There is still space available for the groups that want to use the school. There is a list of uses with hours open, number of employees, number of cars and visitor cars. Ms. Penne told P & Z none of these uses has not already been reviewed by the Board. These uses all fit a category of conditonal use for the R-6 neighborhood. Ms. Penne suggested this may have to be an annual review, as the needs of the school district change and the tenants change. Planning and Zoning Commission September 20, 1983 Ms. Penne pointed out the two applicable criteria are the compatibility of these uses with the surrounding land uses and whether the objectives and purposes of the R-6 district are impacted. This public hearing should bring up any of these impacts. Ms. Penne said since there are kindergarten and day care children at the site, a parking and circulation plan should be considered. Ms. Penne said the parking plan shows 44 cars can park on the property. There is an area block off so the children do not circulate with the cars. Ms. Penne said the planning office would recommend the tenants be given another years conditional use with the conditions there be a review in a year, and that the employee parking be desig- nated at the west of the property. Joe Tarbet, school district, showed the building plan, the parking plan, the alley and the barriers. Ms. Fallin asked if there were plans for the building department to move back to the Courthouse. Bill Drueding said there are no provisions for the building department to move back. Anderson opened the public hearing. Jan Collins, secretary for the West End Improvement Association, told P & z their group had an election about this and the majority asked that office use in the residential neighborhood be terminated; 32 voted to terminated, l7 had no opinion and 6 voted to continue to rent to these uses. Ms. Collins said the concern is not so much with the arts and non-profit groups but with the building department. Ms. Collins said the neighbor- hood does not like the traffic it is generating. Hunt said the way the question was phrased, he does not know that the results are valid. Joy Caudill, Wilderness Workshop, said if they lose this office, they won't be able to afford another space. This is a non-profit group. Ms. Caudill said they use the office one day week, one car, a very low impact. Ms. Collins said their main problem is with the building depart- ment and their traffic. Franz Berko said the neighbors feel as long as the uses are non-profit groups, fine. The main resistance is against office space, as such like the building department. The neighbors feel this use should not be in the neighborhood. Bill Drueding, building department, said in the Code public administration building is a permitted use in this location. Drueding said this is a public administration building that has offices in it. Drueding said the building department is not an office per se, the serve the public. Tarbet told the P & z there has been a good relationship between the school district and the tenants. Keeping the building full of tenants has allowed the school district to put money back into the building, pay for salaries and supplies. This has been a benefit to the school district. Ms. Collins pointed out in order to get to the building depart- ment, these trucks and cars have to go through the whole residential area. Pardee said there are five parking spaces in front of the gym, and suggested having those reserved for people going to the building department. Ms. Collins said this is a residential area, and this has been a conditonal use. The neighborhood has taken the time to address this issue and they find this objectionable. The neighborhood objects to this temporary use. '-" RECORD OF PROCEEDINGS 100 Leaves F ORM o~ C. F. HOECK El B. B. II l. CO. September 20,l983 Regular Meeting Commercial GMP Review - East Hopkins Professional Office Planning and Zoning Commission -5- Anderson closed the public hearing. Pardee said he is concerned about the building department and the traffic they generate. Pardee said he is glad to extend the conditonal uses to the other uses. Anderson said the conditional use for the building department could be extended one more year, with the idea they were to be temporarily housed and citizen input has indicated the building department is not an appropriate use for a residential neighborhood. This should put the building department on notice to find other space. Pardee said that is the way it was presented a year ago, that the building department would only be here a year and would move back to the Courthouse. Ms. Fallin said she feels the building department generates a lot of traffic in the neighbor- hood, and there is some danger to the school children. Ms. Fallin said she is not willing to give another year use permit, but would go for six months. Pardee moved to extend the conditional use permits of all tenant~ for one year, subject to review in one year, with the addition of the parking and barrier system, with the understanding that the uses other than the building department can expect to be continued after one year, though they will have reviews; however, under no condition will be building department be allowed to remain in the residential area because of the addition of a kindergarten and that the initial application was temporary in nature; the date for review is September 1, 1984; seconded by White. All in favor, motion carried. Colette Penne, planning office, told the P & z this is an application for office/townhouse complex, which has office space with free market and employee units. The free market residential was included under the idea it is accessory space, and possibly could compete through GMP. Ms. Penne said this is not the case, and the applicant is competing for 4500 square feet of office space. The applicant will need to compete in the residential competition for the residential space. Ms. Penne told the Board the commercial quota available is 9,023 square feet. Ms. Penne said on October 1, 1983, the previous allocation for the Garden Office building of 9,656 square feet on this site will expire and that square footage will be coming back into the quota. This request is for three 1,500 square foot offices, for a total of 4,500 square feet. This is the only GMP application for commercial space this year. Ms. Penne said subsequent reviews will be the residential GMP competition. If both allocations are received, the other reviews are GMP exemption for the employee units, an exemption from parking requirements, special review for FAR bonus, and condominiumization to assure the accessory status for the residential units. Ms. Penne said the staff has assigned points to this application, and the project exceeds all minimum thresholds required, which is 30 per cent in each category and 60 per cent overall. Ms. Penne said the Board has to make a finding in order to approve this project, which is the free market residential space is acceptable as accessory space to the commercial unit. The commercial unit has to be the primary use. Ms. Penne said with each parcel, there is the commercial unit, the accessory free- 1 ....l.....,.. ....;-*,.;.,-'"'-_.~_.<.. Planning and Zoning Commission September 20, 1983 market unit, a studio employee unit and a two-bedroom employee unit. There will be four uses on each 3,000 square foot parcel. Ms. Penne said the FAR requirements would set a minimum lot size of 24,000 square feet for this much building on a parcel of this size. The lot requirements are listed as exclusive of accessory dwelling units. If P & Z sees the free market resi- tial space as being accessory to the commercial space, and the employee units as being accessory to the project, that finding can be made. Ms. Penne said this concept does reduce traffic. However, this does affect how the staff scored the project. Pardee said he feels the town needs residential use as opposed to office use. This project will get the residen- tial for the town. Ms. Penne told P & Z there will be a garage for the free- market units. The applicant will apply for an exemption from parking for the employee units. Ms. Penne went through the scoring given by the staff. Architectural design _ 2. The design is sensitive to the neighbors; entry courtyards soften the mass at street level, with the largest mass in the middle. The factor offsetting these is the overall size of the building. Site design - 2. Utilities are currently underground; each lot has about 38 per cent open. The problem is the congestion resulting from so many living units. Energy - 3 for excellent. R-factors will be exceeded in the exterior wall insulation. Roof of each unit will have an active solar collecting system for domestic hot water as well as radiant heat. Amenities - 2. Bike racks provided, entry courtyard provided of 615 square feet for each unit. Rear yards are limited. Visual impact _ 2. Building will be 37 feet high at the highest point and will have some impact on views. However, this is not in a view plane and is less than the 40 foot height limit in the C-l zone. Trash and utility - the engineering department identified a deficiency due to three separate trash areas. The engineering department recommended the allotment of 1 point and have requested further information. Water supply/fire protection - 1. This indicates a project that can be handled by existing service in the area. The water department has requested a common service line, which the applicant has agreed to. A fire sprinkler system is incorporated, which upgrades fire protection. Sewage disposal _ 1. This project can be served by the San District and any new service line will only serve this project. Roads - l. Present roads are adequate; no upgrading is required. Storm Drainage - 2. All site drainage will be retained in a drywell on-site which results in an area improvement. Parking - 1. C-l zone requires no parking for the commercial use. A parking requirement of one space per bedroom exists for the residential use, but the applicant will request a parking exemption for the employee units. Ms. Penne said if the exemption is not given, there will be a parking situation created in terms of on-street parking. Because of the exemption for employee units parking and the closeness to downtown, the score is 1. Employee housing need - 4. On a unit basis, l500 square feet would generate 5 employees. A studio unit will house one person or 20 per cent of the employees generated. For every 5 per cent generated, the applicant gets a point; therefore the 4 points. Employee housing incentive is a category where points are given only when an applicant proposes to house more than 50 per cent of the employees generated. In this applicant, that is not the case. Bonus point are up to the discretion of the P & Z. Ms. Penne said in category one, there are 12 points, in category two 6 points, in category three, 4 points for a total of 22 points. Ms. Penne said the minimum threshold is 22.8 points. If the 1 point is not given for trash, the planning office would recommend denial of the application. Bill Poss said he feels the applicant has done an excellent of jOb putting all the uses together. There is over 38 per cent open space. The project meets area and bulk requirements. Poss said he feels the site design is exceptional for this site. Poss said in the code the requirement for trash in the commercial zone is 20 linear feet. Poss said this is inappropriate, and they would like to give every unit its own trash storage area as opposed to using a dumpster. There will be trash cans for each individual unit. There will also be trash compacters in the units. Poss said if the project gets the ........ RECORD OF PROCEEDINGS 100 Leaves FORM," C.f.HOECKELB.B.8tl.CD. Regular Meeting planning and Zoning Commission -7- September 20, 1983 point for the trash, he would remove the fire sprinkling system because of the cost and it was added to help the points for this project. Anderson opened the public hearing. There were no comments. Anderson closed the public hearing. Hunt said if this is condominiumized, the units will consist of the office and residential unit. Poss said yes. Ms. Penne said the P & Z should address the issue of accessory unit. P & Z should score this carefully, as the applicant is close one way or another. P & Z scored the application for GMP commercial units. Ms. Penne said for an average in quality of design is 12.33; availability of public facilities and services is 6.25; employee housing - 4. The total is 22.58, which is .42 off the threshold. Ms. Penne suggested, since Ms. Tygre's score were low and she has left, the applicant may want to table this in order to go over her scores. Ms. Fallin moved to table this until the next regular meeting and have it first on the agenda; seconded by White. All in favor, motion carried. Hunt moved to adjourn at 7:50 p.m.; seconded by White. All in favor, motion carried. ~0~ Kathryn S. och, City Clerk