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CR 92-185 CUP - PITT ROLFE -----_.~--_._._- j , /' '\ \ '{ Y 0 mu. ,,'" ~':'''''': I. ~ ,." .,."",.;",. '"..,' I ,.... ,u' ", ',~~."..,~,.;, ' . August 28, 1992 .y, _\ '" Council Report 92-185 OPKI" CONDITIONAL USE PERMIT- PITT ROLFE Proposed Aotion. Staff recommends the following motion: Move to approve to extend Mr. Rolfe's conditional use permit to construct an office building for one year with the condition that if the building is not constructed within the year or a building permit has not been obtained. the city should, require the a~plicant to reapply for a conditional use permit when Mr. Rolfe can construct the building. overview. In 1984 pitt Rolfe was granted a conditional use permit to construct an office building at the corner of 7th Street South and 2nd Avenue South. Since 1984 the applicant, pitt Rolfe has been receiving yearly extensions for this conditional use permit. The Zoning Ordinance allows the city council to grant extensions on a yearly basis for a conditional use permit. . Last year when the city council extended Mr. Rolfe's ' conditional use permit, the City council asked that in 1992 , a more complete review is done to evaluate if the I circumstances had changed. (Attached are the minutes from the 1991 City council meeting) I have reviewed the staff report for any Zoning Ordinance changes that have been made since the proposed project was approved. There have been no zoning Ordinance changes that will affect the project. The proposed project meets all the requirements for a B-1 zoning district. supporting Doouments. o Memo to Planning Commission o City council minutes September 3, 1991 o Notes from Zoning and Planning meeting August 25, 1992 o Staff Report from August, 1984 ~! 0nrl0J\00n Nancy . Anderson Plann . -. 'i ;:. :.... . PITT ROLFE CONDITIONAL USE.l?ERMIT EXTENSION NOTES FROM ZONING & PLANNING The staff reviewed the background of the review for Mr. Rolfe's conditional use permit. Mr. Rolfe, the applicant, appeared before the Commission. He state that he wanted an extension of the conditional use permit because it was a selling point for the property and that the building was designed for the property. Several residents in the surrounding neighborhood appeared. The residents objected to the height of the building. One resident asked if this building could be built with Tax Increment Financing. There was considerable discussion on whether a recommendation should be forwarded on another extension. The Commission was concerned about the residential neighborhood to the west. Mr. Gullickson moved and Mr. Day seconded a motion to deny the extension. . Mr. Hutchison, Mr. Day, and Mr. Gullickson voting aye. Mr. Johnson, Mr. Winship and Mr. Racek voting nay. MS. Reuter abstained from voting. The vote was 3-3 with one abstention. Mr. Winship moved and Mr. Racek seconded a motion to extend Mr. Rolfe's conditional use permit. Mr. Hutchison, Mr. Gullickson, Mr. Day and Ms. Reuter voting nay. Mr. Winship, Mr. Racek, Mr. Johnson voting aye. The motion failed 3-4. Mr. Racek moved and Mr. Gullickson seconded a motion to send no recommendation to the City Council. The motion carried 5-2, Ms. Reuter and Mr. Day voting nay. Attached is a copy of an excerpt from the minutes of the City Council Meeting of September 3, 1991 pertaining to this . l.ssue. . PITTROLF -,~ .- --'.' f <'-," .. :.:." .:' .... "c I'T:'Y -OF' 'H'O"~ '~"~' ~"~ .,.' ,..... " . . . MEMORANDUM DATE: August 18, 1992 TO: Zoning and Planning Commission FROM: Nancy Anderson SUBJECT: Conditional Use Permit - Pitt Rolfe I. BACKGROUND In 1984 pitt Rolfe was granted a conditional use permit to construct an office building at the corner of 7th street South and 2nd Avenue South. The attached zoning report is from 1984 when this project was approved. Since 1984 the applicant, Pitt Rolfe has been receiving yearly extensions for this conditional use permit. The Zoning Ordinance allows the City Council to grant extensions on a yearly basis for conditional use permits. Last year when the City Council extended Mr. Rolfe's conditionaL use permit, the City council asked that in 1992 a more complete review is done to evaluate if' the ~ circumstances had changed. The proposed building has not been constructed because Mr. Rolfe has been unable to secure tenants for the proposed building. ' I have reviewed the staff report for any Zoning Ordinance changes that have been made since the proposed project was approved. There have been no Zoning Ordinance changes that will affect the project. The proposed project meets all the requirements for a B-1 zoning district. The zoning of the site has remained the same, B-1, Limited Business. An office use is a permitted use within a B-1 district. Attached isa copy of the Zoning Ordinance that shows the permitted uses in the B-1 district. In 1984 it was proposed that a dentist would occupy the first floor and an accounting firm on the second. Now the tenants are unknown. Any tenant will have to be permitted in the B-1 zoning district. II. STAFF RECOMMENDATION The staffs recommendation is to extend the conditional use ~ permit for one more year. However, if the building is not ., constructed within the year or' a building permit has not , been obtained, the ci ty should, require the applicant to reapply for a conditional use permit when he can construct the building. i, / e' ' , . " . . , " " . ' ."." ", . .. " . " . .. ' " . ~ : " . ~ . . , , . .' ". . . September 3, 1991 . Page 5 VI. NEW BUSINESS A. CONSIDER ACTION - EXTENSION OF CUP - PITT ROLFE Staff recommended a one year extension for a Conditional Use Permit to construct a building on the corner of Second Avenue South and 7th Avenue South. Mr. Rolfe appeared stating that he fully intends to build his building on this site as soon as he can obtain tenants for the space that his firm will not be using. At this time, however he has not been able to complete renting the property. Don Roesner. appeared questioning the height of the building. He also stated that the neighborhood had changed and that the proposed plan should be reviewed with the neighborhood prior to granting another extension. . Councilmember Anderson sugg~sted that the Council grant Mr. Rolfe the one year extension this time but to have a public hearing on the matter should it come up for.' another . extension next year. Mr. qRolfe stated that he had met all of the requirements of the CUP and did not feel that was fair for him to have to reapply. After further discussion councilmemberShirley moved and Councilmember Kritzler seconded the motion to extend 'the CUP requested by Mr. Rolfe for one year. A poll of the vote ~as as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. The motion carried unanimously. ..~ ,y' , . i~ . .. . " , , .. .. ' .' . . " '. " , August 23, '1984 . Case No: 84-27 Applicant: W. PUt Rolfe Location: Second Avenue South & 7th Street South Request: Conditional Use Permit for Construction of an Office Building STAFF FINDINGS & COMMENTS: 1. Applicant is requesting a Conditional Use Permit to construct an office building. 427.26(c) requires a Conditional Use Permit for new construction over $75,000. ~ . 2. The subject site,is located North of 7th Street South and between Second . Avenue South and County Road 18. The site ,is zoned B-1, limited Business. 3. The proposed office building ,is to be 14,268 square feet. The building is three stories high with a mean building height of 25 feet. The first floor of the building will be below street level with an' elevation of 893.0 feet, the average street elevation is 900 feet. The exterior of the building is to be constructed of brick, with the windows being, constructed of bronze insulated glass. . 4. The proposed use for the office building is a dentist office occupying the first floor, an accounting firm on the second and the ~ccupancyfor the third floor is unknown at this time. . 5. The structure as presented would have a 38 foot front yard setback 'along , Second Avenue South, a 68 foot rear~yard setback along County Road 18, a 80 foot sideyard setback to the North and a Southerly side yard setback of 20 feet along 7th Street South. Ordinance 427.35 requires setbacks of 20 feet for the front yard, 10 feet for the rear and 10 feet for the side yards. 6. An office building is located to the North of the subject,site, single family homes to the West, buf.fered' by trees, construction of a medical clinic to the South and Highway 18 to the east. 7. 58 parking stalls are to be provided with an entrance/exit from the Northwest. 14 compact stalls are provided along with two handicap ,stalls'~ The number of parking stalls are in' compliance with ordinance 427.45(20) which requires at least,one parking space for each two hundred and fifty square feet of gross floor area for office. The ordinance requires 57 parking stalls based on these requirements. 8. The perimeter of the parking lot is to be landscaped with sod and a variety of over and understory trees. The 'landscaping would conform to the requirements of the proposed landscaping ordinance. .\ 9. The drainage plan ,has been reviewed by the City Engineer and has been found , acceptable., Drainage will flow,;n a Northwesterly direction on the site. " I :r:, ~. I '.. J " , . ' , .... ". . ' . .. . . ~. "'. .. , . ',' ',','. .:.....: ,',.: I A,' . " ," . . . , . ; .. . ..: ,:", .~; '" ": . 0" ";' .' . , " ~ ,. . , . . ,,' ,.'" . Case N0': 84-27 /'"", Page 2 . 10. Ordinance 427.35 requires ,a maximum Floor Area 'Ratio of 1.0." rhe proposed' building has a F.A.R. of .39 which meets'the requirements of the ordinance. 11. Trash storage is to be located at the Northeast. corner of the site'and en- closed with a 5 foot high redwood fence. 12. Access'to the' proposed site will be from'the Northwest corner'from Second Avenue South. 13. The Fire'Marshal ha~ ~eviewed the plans and noted' that. the building must be sprinkled, any other Fire Code requirements will have to be complied with at the building: permit stage. . . . . . . . ~ .' 1:;) , I "- I I ,- I I I I I I II . 1.1 . I . 1. : 13 I 2 · . 14, ' 3 I. I~ II . 3 , . ,I 13~1 ~. I . I 13 11.;' ( Locat~~n Map) 12. .11 .3 . . . r, ~ '.\.. 1 II .,', . , I, . ,I.., 12, ,.'.5. 1 ' " . II . 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