AGENDA CITY OF SALIDA PLANNING COMMISSION...

AGENDA

CITY OF SALIDA PLANNING COMMISSION MEETING DATE: Monday, November 27, 2017 MEETING TIME: 6:00 p.m. MEETING LOCATION: City Council Chambers, 448 East First Street, Salida, CO AGENDA SECTION:

I. CALL TO ORDER BY VICE-CHAIRMAN – 6:00 p.m.

II. APPOINT CHAIRMAN-

III. ROLL CALL

IV. APPROVAL OF THE MINUTES – October 10, 2017

V. UNSCHEDULED CITIZENS

VI. AMENDMENT(S) TO AGENDA

VII. UPDATES

VIII. PUBLIC HEARINGS-

1. Hefner-Limited Impact Review- Multiple Principal Structures - The request is to receive limited impact review approval to construct a second primary structure on the property located at 413 West Second Street within the medium density residential (R-2) zone district.

A. Open Public Hearing E. Public Input B. Proof of Publication F. Close Public Hearing C. Staff Review of Application G. Commission Discussion D. Applicant’s Presentation

IX. UNFINISHED BUSINESS- Downtown Street Patio discussion

X. NEW BUSINESS

XI. COMMISSIONERS’ COMMENTS

XII. ADJOURN

Planning Commission Packet 11.27.2017 of 28

PLANNING COMMISSION Minutes 10.10.17 DRAFT

Page 1 of 1

MEETING DATE: Tuesday, October 10, 2017 MEETING TIME: 6:00 PM MEETING LOCATION: City Council Chambers, 448 E. First Street, Suite 190, Salida, CO

_______________________________________________________________________ Present: Kasper, Berg, Follet, Bomer, Denning, Jefferson, Van Nimwegen Absent: Thomas, Mandelkorn, Wood, Burnette, Franklin AGENDA SECTION:

I. CALL TO ORDER BY Berg: - 6:00 PM

II. ROLL CALL:

III. APPROVAL OF THE MINUTES –

IV. UNSCHEDULED CITIZENS –

V. AMENDMENTS TO AGENDA - None

VI. UPDATES:

VII. PUBLIC HEARINGS – 1. Chapter 16 Land Use Code –Downtown Street Patio regulation - The addition

of Downtown Patio regulations to Chapter 16 Land Use and Development of the Salida Municipal Code. (Staff is recommending this item be tabled for future changes)

A. Open Public hearing: - 6:02 p.m.

B. Staff Review of Application. – Van Nimwegen explained that staff is requesting more time drafting the Downtown Street Patio regulations so that we get it correct.

C. Applicant’s Presentation: D. Public Input- None E. Closed Public Hearing –6:04 p.m. F. Commission Discussion – G. Commission Action - A motion was made by Bomer to table the Downtown

Street Patio regulations. Kasper seconded motion. All were in favor and the motion carried.

VIII. UNFINSHED BUSINESS- Land Use Code updates discussion-Van Nimwegen

stated that staff is working on draft code amendments for the Commission to review.

IX. NEW BUSINESS-

X. COMMISSIONER’S COMMENTS- Berg stated that tonight is her last meeting as her term on the Commission is up and thanked everyone on the Commission for their dedication.

XI. ADJOURN: With no further business to come before the Commission, the meeting adjourned at 6:07 p.m.


STAFF REPORT

MEETING DATE: November 27, 2017 AGENDA ITEM TITLE: Hefner-Limited Impact Review- Multiple Principal Structures AGENDA SECTION: Public Hearing REQUEST: The request is to receive limited impact review approval to construct a second primary structure on the property located at 413 W. Second Street. The property is located within the medium density residential (R-2) zone district. APPLICANT: The applicants are Jeff and Laura Hefner, 7 Buttermilk Hill Road, Pittsford, NY 14534. The applicants are being represented by Karen Karnuta, 7077 County Road 150, Salida, CO 81201. LOCATION: The subject property is known as the front 100’ of Lots 1, 2, 3 and 4, Block 35, Sacketts Addition, City of Salida, Chaffee County. This property is also known as 413 W. Second Street. PROCESS: Limited Impact Review are those land uses which are generally compatible with the permitted uses in a zone district, but require site-specific review of their location, design, intensity, density, configuration, and operating characteristics, and which may require the imposition of appropriate conditions, in order to ensure compatibility of the use at a particular location and mitigate its potentially adverse impacts. The Salida Municipal Code, Chapter 16, specifies that Limited Impact Review applications be reviewed by the City of Salida Planning Commission at a public hearing after fifteen days public notice. The Planning Commission may make a decision to approve, approve with conditions, deny, or remand the application back to the applicant for modification. OBSERVATIONS: 1. The subject property is located within the Medium Density Residential Zone District (R-2).

Surrounding properties are primarily single-family and duplex homes.

2. The property has a total 10,000 square feet of lot area. The density requirement per dwelling unit is 3,125 within the R-2 zone district. A maximum of three (3) dwelling units are allowed on the property.


3. The proposed second principal structure will be single-

story and have a foot print of approximately 1,564 square feet. The property currently has one 1,660 square foot duplex residence.

REVIEW STANDARDS – Land Use Code section 16-4-190(b) Multiple Principal Structures:

(b) Multiple Principal Buildings.

(1) Scale. The entire site, including all proposed structures, shall be of a scale that is compatible with the surrounding and nearby properties. Scale shall mean the proportional relationship of the principal buildings to each other and to the neighborhood, including but not limited to height, mass, setbacks and orientation.

The proposed second principal structure will conform to primary building dimensional requirements of the R-2 zone district.

The surrounding properties are primarily one-story single family and duplex residences. Since the proposal will be a residential structure it should match the scale of the surrounding principal buildings in the neighborhood.

(2) Parking and Access. Required parking shall be provided on the site for all buildings and uses on the site. Access should be consolidated to reduce curb cuts and shall be provided through alleys where available.

The off-street parking requirement for single-family and duplexes are 1 space per unit. With the proposal of a third unit this project will be required a total of 3 off-street parking spaces. The applicant has shown 3 parking spaces on the site plan.

(3) Provision of Adequate Services. Each principal structure shall have its own municipal services, including water and sewer, in accordance with Chapter 13, Municipal Utilities, of this Code.

Additional system development fees for water and sewer service will apply for the second primary structure. The tap fees will be due at the time of building permit.

LIMITED IMPACT REVIEW STANDARDS:

1. Consistency with the Comprehensive Plan. The use shall be consistent with the City’s Comprehensive plan.

Applicants Response: Yes

The proposed second principal structure is consistent with the Comprehensive Plan and advances the goals to increase density through redevelopment and infill as the property will have two primary residences.

Duplex - 413 W. Second Street


2. Conformance to the Code. The use shall conform to all other applicable provisions of this Land Use Code, including, but not limited to:

a. Zoning District Standards. The purpose of the zone district in which it is located, the dimensional standards of that zone district, and any standards applicable to the particular use, all as specified in Article IV, Zoning and Dimensional Standards.

Applicant Response: Yes

Multiple principal structures are considered second primary residences and will need to follow primary building setback requirements for the R-2 residential zone district.

The applicant’s proposal has met all primary building requirements within the R-2 zone district and the second primary structure will face West Second Street. The applicant is showing a front setback of 15’ with the covered front porch which meets the required dimensional standards.

The maximum lot coverage with structures in the R-2 zone district is 40%. If the applicants are approved to construct a second structure, the lot coverage with structures will be approximately 32%.

b. Site Development Standards. The parking, landscaping, sign and improvements standards.

Applicant Response: The proposed dwelling will meet city requirements and standards.

The applicant is showing three (3) off-street parking spaces for existing duplex and the proposed second principal structure.

In the R-2 zone the landscape requirement is 45% coverage and will be required a minimum of 5 trees located on the property.

3. Use Appropriate and Compatible. The use shall be appropriate to its proposed location and be compatible with the character of neighboring uses, or enhance the mixture of complementary uses and activities in the immediate vicinity.

Applicant Response: Yes – Front setback compatible with other homes on Street.

According to the Land Use code, Section 16-4-70, Residential Zone Districts, Medium -Density Residential (R-2), “ The purpose of the Medium-Density Residential (R-2) Zone District is to provide for residential neighborhoods comprised of detached single-family dwellings, duplex dwellings and multi-family residences on smaller lots than are permitted in the Single-Family Residential (R-1) zone district, allowing for slightly greater overall densities.”

The density requirement for the Medium Density Residential (R-2) zone district is 3,125 square feet per dwelling unit. This parcel is 10,000 square feet and has the density for three (3) dwellings. The proposed density is permitted


and the proposed elevations are compatible with the surrounding neighborhood.

4. Nuisance. The operating characteristics of the use shall not create a nuisance and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare, and similar conditions.

Applicant Response: Correct.

The proposed second structure should not add traffic congestion to the neighborhood.

5. Facilities. There shall be adequate public facilities in place to serve the proposed use, or the applicant shall propose necessary improvements to address service deficiencies which the use would cause

Applicant Response: Yes – all utilities are available to the property for a new dwelling

Because the applicants are requesting approval for a second principal structure, they will be required to purchase a water and sewer tap and connect the new structure separate from the existing primary duplex residence.

6. Environment. The use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics, or other natural features. As applicable, the proposed use shall mitigate its adverse impacts on the environment.

Applicant Response: Correct

No adverse impacts to the environment are anticipated.

AGENCY REVIEW COMMENTS: Finance Department, Renee Thonhoff: The second structure will be required to connect to City water/sewer. System development fees (tap fees) are required and are payable to the City of Salida at time of building permit application. REQUIRED ACTIONS BY THE COMMISSION:

1. The Commission shall confirm that adequate notice was provided and a fee paid.

2. The Commission shall conduct a public hearing.

3. The Commission shall make findings regarding the proposed use in order to ensure the use is consistent with the Comprehensive Plan, conforms to the Land Use Code, is appropriate to its location and compatible with neighboring uses, is served by adequate public facilities and does not cause undue traffic congestion or significant deterioration of the environment.

RECOMMENDED FINDINGS:


1. This application is consistent with the Comprehensive Plan and the Land Use Code because a second single family residence is compatible with the surrounding neighborhood.

2. The applicable review criteria for limited review applications have been met. RECOMMENDED ACTION: Based on the above findings, staff recommends APPROVAL, with conditions, for the limited impact review request to construct a second primary structure on the property located at 413 W. Second Street.

1. That this Limited Impact Review approval expires in three (3) years from the date of its approval if a building permit for the second principal structure has not been issued and acted upon

RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. BECAUSE THIS APPLICATION IS FOR A LIMITED IMPACT REVIEW, THE SALIDA PLANNING COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE PLANNING COMMISSION MAY BE APPEALED WITHIN 15 DAYS OF THE DECISION BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 16-2-70 OF THE LAND USE CODE. Attachments: Application form Site plan


EXHIBIT B

PROPOSED ADDITION TO Sec. 16-4-190. Review Standards Applicable to Particular Uses

(r) Downtown Street Patios. The Downtown Street Patio program allows the use of public street right-of-way in the downtown for outdoor dining and retail activities. Downtown is defined as that area zoned Central Business (C-2) generally within the boundaries of Fourth Street, the Monarch Spur Trail, D Street and the Arkansas River. The purpose of this policy is to enliven the outdoor environment and promotes economic vitality while protecting the health, safety and welfare of residents, pedestrians, businesses, and visitors.

(1) Siting and Use Standards

a. A Downtown Street Patio will be allowed with approval of a conditional use permit subject to the standards below, issuance of a revocable license and all applicable fees are paid.

b. Downtown Street Patios will be allowed from May 1 to October 1 of each year. The Patios must be removed from October 8 to April 24 each year. Additional time may be granted through the conditional use process if the additional review standard to Section 16-4-110 (d) is met that:

8. Downtown Street Patio Time Extension. The impact of the use of the patio beyond the prescribed time will allow vehicle movement, pedestrian passage on sidewalk and not restrict parking within the block. Impacts may be mitigated by the applicant agreeing to remove snow and ice and to remove the patio upon request for special events.

It shall be the applicant’s responsibility to provide justification that the request for additional time meets this standard.

c. Patios shall not exceed a size of eight (8) feet by twenty (20) feet within the roadway. The structures may extend over the sidewalk up to one (1) foot.

d. ADA ramps shall be integral to the design and not present an obstacle within the sidewalk.

e. Patios should not be located at intersections of streets or alleys in such a way as to block appropriate sight triangles.

f. Once there is one (1) Downtown Street Patio established within a block to include both street frontages, an additional patio may only be allowed through the conditional use process if the additional review standard to Section 16-4-110 (d) is met:

9. Additional Downtown Street Patio per Block. The additional patio will allow vehicle movements in the street; pedestrian passage and not restrict parking within the block.

It shall be the applicant’s responsibility to provide justification that the additional patio meets this standard.

g. The location of the patio must be in proximity to the front door of the business being served.

h. Signage is not allowed on the patios except for menus and signage approved by the city for public purposes.

i. Use of the patios shall be for retail food and beverage establishments and retail establishments that serve specialty foods and beverages (e.g. ice cream shops, coffee houses, and bars/distilleries/brew pubs) located within buildings in the downtown. Alternative uses may be considered through the conditional use process if an additional review standard to Section 16-4-110(d) is met that:

10. Alternative Uses for Downtown Street Patios. The alternative use meets the intent of the Downtown Street Patio program by enlivening the outdoor environment and promotes economic vitality while protecting the health, safety and welfare of residents, pedestrians, businesses, and visitors and by meeting the standards of r(1) above. The alternative use


should have a high customer turnover; be an attraction; provides interest to pedestrian level views; and allowing the use al fresco will add to the intrinsic value of the use.

It shall be the applicant’s responsibility to provide justification that the alternative use meets this standard.

j. The applicant shall reduce the impact on parking in the downtown by providing a minimum of one (1) off-street parking space for customers or employees. The parking space shall either be owned or leased on-site or off-site. Verification shall be provided with the application. This requirement may be met by providing a fee-in-lieu of the parking space in an amount equal to and in addition to the lease amount as provided in the revocable license agreement. Proceeds will dedicated to parking purposes for the downtown.

k. Design of the Downtown Street Patio shall be approved by the Community Development Department.

l. Applicant shall provide an analysis of the economic value of the patio for their business and the city.

m. A Downtown Street Patio may not be combined with the private use of a Downtown Sidewalk as describe in section 16-4-190 (s).

(2) Revocable License Required. Business owners who receive conditional use approval for Downtown Street Patios will have to enter into a revocable license agreement with the City of Salida, as approved by the City Council, prior to installation of the patio.

(s) Downtown Sidewalks. Retail merchants may display their own wares on the public sidewalks along

their frontage in accordance with Section 11-1-30 (b). Enclosures for outdoor dining may be allowed

within downtown sidewalks if the following siting and use standards are met. Downtown is defined

as that area zoned Central Business (C-2) generally within the boundaries of Fourth Street, the

Monarch Spur Trail, D Street and the Arkansas River.

(1) Siting and Use Standards

a. Use of the sidewalk will be allowed if it meets the standards below, a revocable license

agreement is approved and all applicable fees are paid.

b. Street furniture or enclosures must allow for six feet clear space for pedestrian

movement.

c. Enclosures within downtown sidewalks shall be for retail food and beverage

establishments and retail establishments that serve specialty foods and beverages (e.g.

ice cream shops, coffee houses, and bars/distilleries/brew pubs) in proximity to the front

entrance of the building.

(2) Revocable License Required. Enclosures within Downtown Sidewalks is granted through

approval of a revocable license agreement with the City of Salida, as approved by the City

Council, prior to installation of the enclosure.


EXHIBIT C

Sec. 16-4-150. - Schedule of uses and review process.

(a) Uses.

(1) Permitted Uses. "P" indicates uses which are permitted.

(2) Administrative Conditional Uses. "AC" indicates conditional uses which are allowed subject to administrative review.

(3) Conditional Uses. "C" indicates uses which are allowed, subject to conditional use review. The Planning Commission shall conduct a public hearing to determine whether the conditional use complies with all standards and requirements of this chapter, pursuant to the limited impact review process.

(4) Not Permitted. "N" indicated uses which are prohibited.

(b) Development Permits.

(1) Administrative Review. "AR" indicates uses which are allowed subject to administrative review.

(2) Limited Impact Review. "LR" indicates uses which are allowed, subject to approval through the limited impact review process.

(3) Major Impact Review. "MR" indicates uses which are allowed, subject to approval through the major impact review process.

(c) Standards. The "Standards" column refers the reader to the subsection of the text which contains review standards applicable to particular uses.

(d) Intensity of Use. Table 16-D describes the minimum review process for uses within the City. The size or intensity of a proposed nonresidential or mixed-use project may trigger a more intensive review process under the size parameters set forth in Section 16-3-40 of this Chapter.


TABLE 16-D Schedule of Uses

N = Not Permitted P = Permitted AC = Administrative Conditional Use C = Conditional Use AR = Administrative Review LR = Limited Impact Review MR = Major Impact Review

Residential Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1

Accessory buildings and structures. P P P P P P P P

Multiple principal structures N LR LR LR LR LR LR LR Sec. 16-4-

190(b)

Accessory dwelling units AR AR AR AR AR AR AR AR Sec. 16-4-

190(c)

Duplex dwelling units N P P P P P LR 3 LR 3

Residential (3—4 units) N AR AR AR AR AR AR

3 AR

3

Residential (5—19 units) N LR AR AR LR AR LR 3 LR 3

Residential (20 or more units) N MR MR MR MR MR MR

3 MR

3

Single-family dwelling units P P AR

3 AR

3 AR AR

AR 3

AR 3

Single Mobile Home N 3 N 3 N 3 P N 3 N 3 N 3 N 3

Medical marijuana cultivation—patient or primary caregiver—up to six plants

P P P P P P P P Sec. 16-4-

190(j)


Medical marijuana cultivation—patient or primary caregiver—more than six plants

N N N N N N LR N Sec. 16-4-

190(j)

Mobile home parks N N N LR N N N N Sec. 16-4-

190(d)

One or more dwelling units on the same site as a commercial or industrial use

N N N N AR AR LR LR

Recreational vehicles—long term occupancy N N N AR N N AR N Sec.

16-4-190(i)

Recreational vehicle parks N N N LR N N LR N Sec.

16-4-190(e)

Rooming or boarding houses 2 N N LR

3 LR

3 LR 3

LR 3

LR 3 N

Residential Business Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1

Bed and breakfast inns AR AR AR AR P P P AR

Day care, adult C C C C LR AR AR LR Sec.

16-4-190(f)

Day care, small AC AC AC AC AC AC AC AC Sec.

16-4-190(f)

Day care, large C C C C C AC AC C Sec.

16-4-190(f)

Home occupations P P P P P P P P Sec.

16-4-190(g)

Home Businesses LR LR LR LR AR P P P Sec.

16-4-190(g)


Short-term rental units AR AR AR AR P P P AR Sec. 16-4-

190(q)

Public/Institutional Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1

Bus Stations N N N N N LR LR LR

Churches, parish homes and religious education buildings

AR AR AR AR AR AR AR AR

Clubs operated by and for their members LR LR LR LR LR P P P

Community buildings LR LR LR LR LR AR AR N

Government administrative facilities and services LR LR LR LR LR AR AR AR

Group homes C C C C C N C N

Hospitals N N N N MR MR MR MR

Nursing homes N MR MR MR MR N MR N

Parks AR AR AR AR AR AR AR AR

Public parking facilities N N N N LR LR LR LR

Recreation facilities C AR AR AR AR AR AR AR

Schools LR LR LR LR LR LR LR LR

Commercial, Personal Service and Office Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1

Commercial lodging N N N N LR AR AR N

Commercial parking lots and garages N N N N LR LR LR LR

Downtown Street Patio N N N N N C N N Sec. 16-4-

190 (r)


Drive-in facilities N N N N N LR LR N Sec.

16-4-190(l)

Drive-in food or beverage facilities N N N N N LR LR N Sec.

16-4-190(l)

Outdoor amusement establishment N N N N N N LR LR

Eating and drinking establishments N LR LR LR P P P LR

Medical marijuana centers N N N N N N AR N Sec.

16-4-190(k)

Retail marijuana store N N N N N N AR N Sec.

16-4-190(k)

Marijuana cultivation facilities N N N N N N LR LR Sec.

16-4-190(p)

Professional offices N N N N P P P LR

Campground N N N N N N MR MR

Retail sales and rental establishments N LR LR LR P P P LR Sec.

16-4-190(m)

Temporary commercial activities N N N N LR LR AR LR Sec.

16-4-190(n)

General Services R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1

Automobile sales, service and repairs N N N N N LR P P

Gasoline service stations and car washes N N N N N N AR AR

Mobile home and recreational vehicle sales and services

N N N N N N P P

Veterinary clinics N N N N N LR LR LR


Industrial Uses R-1 R-2 R-3 R-4 RMU C-2 C-1 I Standards 1

Light industrial N N N N LR LR AR AR

Heavy industrial N N N N N N MR MR

Marijuana infused products manufacturing operation (Medical or Retail)

N N N N N N N N

Medical marijuana optional premises cultivation operation

N N N N N N N N

Communication facility N N N N N N MR LR Sec.

16-4-190(o)

Storage yards N N N N N N LR LR

Warehouses, enclosed storage and truck terminals N N N N N N LR P

Wholesale businesses N N N N N LR LR P

Bulk fuel storage facilities and wholesale sales of fuels N N N N N N N LR

Junkyards, salvage yards or automobile wrecking yards N N N N N N N MR

Notes: 1 The standards referenced herein are in addition to all other applicable standards of this Land Use Code. 2 Provided that State Health Code space and sanitation requirements are met. 3 An existing dwelling can be modified or rebuilt as a matter of right provided it is in conformance with the dimensional standards of Table 16-F. * The allowed use is conditional in the SH 291 Corridor Overlay (291 CO). Refer to Section 16-5-50 regarding the SH 291 Corridor (291 CO) District.

(Ord. No. 2014-05 , 5-6-2014; Ord. No. 2017-07 , § 4, 4-18-2017)


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