PLANNING COMMISSION STAFF REPORT

Transcription

AMINISTRATIVE HEARING STAFF REPORT
ADMINISTRATIVE ITEM
Ken Garff Mercedes-Benz Dealership
Conditional Use PLNPCM2010-00688
575 South State Street
26 May 2011
Planning Division
Department of Community and
Economic Development
Applicant: Matt Garff
Staff: John Anderson, 5357214,
[email protected]
Tax ID: 16-06-353-008
Current Zone: D-2
(Downtown Support)
Master Plan Designation:
Central Community Master
Plan, Central Business
District
Council District: Council
District 4, Luke Garrot
Community Council:
Central City
Lot Size:
1.01 acres
Current Use: Auto Sales
Applicable Land Use
Regulations:
• Chapter 21.28
• Section 21A.54.080
Request
The applicant, Matt Garff an employee of the Ken Garff automobile dealerships is
requesting conditional use approval for a 972 square foot expansion of the
Mercedes-Benz dealership located at 575 South State Street. The parcel is in the D2 (Downtown Support) District. Conditional use approval is required because
automobile sales are a conditional use in the D-2 district. The Planning
Commission is the final decision-making authority for conditional uses.
Recommendation
Based on the analysis and findings, the Planning Staff recommends the Planning
Commission approve the conditional use approval for automobile sales at 575
South State Street be granted subject to the following conditions:
1. Approval is conditioned upon compliance with all departmental comments
as outlined in this staff report.
Recommended Motion
Based on the findings listed in the staff report and the testimony heard, I move that
the Planning Commission approve the proposed expansion of the conditional use
for automobile sales with the following condition:
1. Approval is conditioned upon compliance with all departmental comments
as outlined in this staff report.
Attachments:
A. Site Plan & Elevation
Drawings.
B. Photographs
C. Division Comments
PLNPCM2010-00688 Ken Garff Mercedes-Benz Expansion
Published Date: 19 May 2011
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VICINITY MAP
Background
Project Description
The applicant has proposed to construct a 972 square foot addition to their existing building located at 575
South State. The building is currently occupied by Ken Garff Mercedes-Benz and it is undergoing an extensive
remodel. The addition would add floor space for the display of new vehicles.
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The Zoning Ordinance in 21A.54.135 discusses the alteration or modification of conditional uses and when a
new conditional use approval is required. It states that, any increase in the floor area of more than 1,000 square
feet, or if the parking requirement changes requires a new conditional use approval. In this case the proposed
increase in floor area is less than 1,000 square feet but the addition does increase the parking requirement.
Project Details
Regulation
Zone Regulation
Proposal
Use
Automobile sales
Automobile sales
Density/Lot Coverage
N/A
N/A
Height
65 feet
22 feet 5 inches
Front/Corner Yard Setback
None required
Existing building is located
adjacent to State Street and 600
South and has no front or corner
yard setback. The proposed
expansion is west of the corner
and would be 17 feet from the
property line.
Rear Yard Setback
None required
over various property lines and
has no rear yard setback.
Side Yard Setback
None required
over various property lines and
has no side yard setback.
Public Notice, Meetings and Comments
The property is located within the boundaries of the Central City Community Council but is located only 70 feet
from the boundary with the Downtown Community Council. An Open House was conducted and both
Community Councils were invited to attend. No comments have been received from the public regarding this
proposal.
Notice of the public hearing for the proposal includes:
• Public hearing notice mailed on 13 May 2011.
• Public hearing notice posted on property on 12 May 2011.
• Public hearing notice posted on City and State websites on 13 May 2011.
• Public hearing notice emailed to the Planning Division list serve on 13 May 2011.
City Department Comments
The comments received from pertinent City Departments / Divisions are attached to this staff report in
Attachment C. The Planning Division has not received comments from the applicable City Departments /
Divisions that cannot reasonably be fulfilled or that warrant denial of the petition.
Analysis and Findings
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Findings
21A.54.080 B. Specific Standards: A conditional use permit shall be approved unless the evidence presented
shows that one (1) or more of the standards set forth in this subsection cannot be met. The Planning
Commission, or, in the case of administrative conditional uses, the Planning Director or the Director's designee,
may request additional information as may be reasonably needed to determine whether the standards of this
subsection can be met.
1. Master Plan and Zoning Ordinance Compliance: The proposed conditional use shall be:
a. Consistent with any policy set forth in the City-Wide, Community, and Small Area Master plan
and future land use map applicable to the site where the conditional use will be located, and
b. Allowed by the zone where the conditional use will be located or by another applicable provision
of this title.
Analysis: The Central Community Master Plan’s future land use map provides direction on the future
development in the area where the subject parcel is found. Specifically, the subject property is
designated with a future land use of Central Business District. The Central Business District has been
designated as a part of the Downtown neighborhood planning area. The master plan on page 10 states as
a goal, “to increase multiple land use activities within a dense urban area…”
Later on page 11, under the heading Future Commercial land use changes, the plan specifically states
that uses such as car dealers should be located near high traffic-volume streets and have direct freeway
access. The location, of the existing Ken Garff dealerships on Block 35, is bounded on three sides by
very high volume arterial streets. On the north and south of the block are 500 South and 600 South
which have both been designated as arterial city streets and on the west by State Street which has been
designated as an arterial state street by the Salt Lake City Transportation Master Plan. 500 South and
600 South become arterial state streets west of State Street and both routes have direct access to
Interstate 15.
Staff believes that the proposed expansion of an the existing conditional use is consistent with the master
plan as describe above and is conditionally permitted in the D-2 zoning district.
Finding: The proposed expansion of an existing conditional use does fit within the description noted in
the Central Community Master Plan.
2. Use Compatibility: The proposed conditional use shall be compatible with the character of the site,
adjacent properties, and existing development within the vicinity of the site where the use will be
located. In determining compatibility, the Planning Commission shall consider:
a. Whether the street or other means of access to the site where the proposed conditional use will be
located will provide access to the site without materially degrading the service level on such
street or any adjacent street;
b. Whether the type of use and its location will create unusual pedestrian or vehicle traffic patterns
or volumes that would not be expected with the development of a permitted use, based on:
i. Orientation of driveways and whether they direct traffic to major or local streets, and, if
directed to local streets, the impact on the safety, purpose, and character of these streets;
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c.
d.
e.
f.
ii. Parking area locations and size, and whether parking plans are likely to encourage street side
parking for the proposed use which will adversely impact the reasonable use of adjacent
property;
iii. Hours of peak traffic to the proposed use and whether such traffic will unreasonably impair
the use and enjoyment of adjacent property; and
iv. Hours of operation of the proposed use as compared with the hours of activity/operation of
other nearby uses and whether the use, during hours of operation, will be likely to create
noise, light, or other nuisances that unreasonably impair the use and enjoyment of adjacent
property;
Whether the internal circulation system of any development associated with the proposed use
will be designed to mitigate adverse impacts on adjacent property from motorized, nonmotorized, and pedestrian traffic;
Whether existing or proposed utility and public services will be adequate to support the proposed
use at normal service levels and will be designed in a manner to avoid adverse impacts on
adjacent land uses, public services, and utility resources;
Whether appropriate buffering or other mitigation measures, such as, but not limited to,
landscaping, setbacks, building location, sound attenuation, odor control, will be provided to
protect adjacent land uses from excessive light, noise, odor and visual impacts and other unusual
disturbances from trash collection, deliveries, and mechanical equipment resulting from the
proposed use; and
Whether detrimental concentration of existing non-conforming or conditional uses substantially
similar to the use proposed is likely to occur, based on an inventory of uses within one-quarter
(1/4) mile of the exterior boundary of the subject property.
Analysis:
The subject parcel is located in the downtown area and is a portion of Block 35. The Ken
Garff Corporations owns the vast majority of the 10 acre block and the only parcel owned by another
entity is occupied by an automobile related use.
The parcels of property on surrounding blocks are occupied by various uses including: state and city
government, hospitality, general commercial and multi-family residential. The proposed expansion of
972 square feet is located near the southwest corner of the block just east of the intersection of 600
South and State Street. There is not proposed to be any new entrances to 600 South and the
Transportation Division has not requested a change in the number of existing curb cuts. The expansion
would not create any situation that would create a negative impact on the safety, purpose or character of
the street. In fact, the proposed expansion may enhance the character of the street by bringing the façade
of the building closer to the street and adding windows and other detailing on a wall that is currently
blank.
A parking plan has been submitted and will accompany the site plan in Attachment A. Because of the
minor nature of the proposed expansion only two additional parking stalls will be required. The block
has an excessive amount of parking though much of it is being used as an area to display or to store
vehicles. There are 712 parking stalls provided on the portions of the block owned and occupied by the
Ken Garff Dealerships and the parking requirements for the same area is only 263 parking stalls. The
number of provided stalls does not include on street parking which is allowed on all streets surrounding
the block.
The Ken Garff Dealerships consist of six major buildings and one small accessory structure. The
buildings are distributed throughout the block with some buildings that have frontage on a public street
and others that are far from street frontage including one large building that is located near the center of
the block. There are no existing city rights-of-way that exist on the block. Because of this the internal
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circulation of the existing development is problematic. This situation was mentioned by Mr. Ted Itchon
of the Fire Department in his review. The proposed expansion is located near to the street and would not
negatively affect the internal circulation.
The Public Utilities Department has reviewed and approved the proposed site plan and has not indicated
any deficiencies with the utilities that will continue to serve the site.
The portion of the lot where the expansion is proposed is currently asphalt and concrete. There is no
existing landscaping on the private portions of the property in the area. The park strip adjacent to the
proposed expansion is large at seventeen feet and has been landscaped and does include street trees. The
proposal does not show any changes to this park strip. According to the Zoning Ordinance there is no
landscape buffering that would be required for the proposed expansion. The closest uses to the south
include a restaurant, retail uses and multi-family residential. The existing building and surrounding
properties on the block have been used for automobile sales for decades. The proposed expansion is very
minor in nature and will only be used as display space which should not generate any potential
nuisances or create any unusual disturbances.
The Ken Garff automobile dealerships occupy a large portion of the block but there does not appear to
be a detrimental concentration of non-conforming dealership, and as the majority of surrounding parcels
of property are fully developed staff does not believe that it is likely that there will be a detrimental
concentration of similar conditional uses. The dealerships do extend over the block but there are no
automobile dealerships on the surrounding blocks. The nearest automobile dealerships are located
southwest, near the intersection of West Temple and 700 South. Staff is of the opinion that there is no
evidence of an existing “detrimental concentration of existing non-conforming or conditional uses,” nor
evidence that this is likely to occur.
Finding: The existing use and its proposed expansion are compatible with the character of the site,
adjacent properties, and existing development within the vicinity of the site where the use will be
located.
3. Design Compatibility: The proposed conditional use shall be compatible with the character of the area
where the use will be located with respect to:
a. Site design and location of parking lots, access ways, and delivery areas;
b. Whether the proposed use, or development associated with the use, will result in loss of privacy,
objectionable views of large parking or storage areas; or views or sounds of loading and
unloading areas; and
c. Intensity, size, and scale of development associated with the use as compared to development
and uses in the surrounding area.
d. If a proposed conditional use will result in new construction or substantial remodeling of a
commercial or mixed-used development, the design of the premises where the use will be located
shall conform to the conditional building and site design review standards set forth in Chapter
21A.59 of this title.
Analysis:
Block 35 has a number of commercial buildings related to the Ken Garff automobile
dealerships. The proposed expansion is to a building located in the southwest corner of the block which
is located at the highly visible intersection of State Street and 600 South. The existing building is
currently undergoing an extensive remodeling which includes changes to the interior and the exterior of
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the building. Mr. Garff would also like to add a 972 square foot addition to the south side of the existing
building. This new proposed addition would be built to blend with the remainder of the building as it
undergoes its remodel.
The addition is minor in nature and will not have a significant impact on neighboring properties. The
height of the addition is 22 feet 5 inches which is similar to the existing building as well as other
buildings on the block. Commercial buildings directly south from the proposed addition are mostly two
story buildings. The proposed addition will not be out of scale in the existing neighborhood.
Finding: The proposed site design, building design, intensity and scale of the proposed expansion are
consistent with the regulations of the D-2 zoning district and with the development of the current site
and compatible with the surrounding parcels.
4. Detriment to Persons or Property: The proposed conditional use shall not, under the circumstances of
the particular case and any conditions imposed, be detrimental to the health, safety, and general welfare
of persons, nor be injurious to property and improvements in the community, existing surrounding uses,
buildings, and structures. The proposed use shall:
a. Not emit any known pollutant into the ground or air that will detrimentally affect the subject
property or any adjacent property;
b. Not encroach on any river or stream, or direct runoff into a river or stream;
c. Not introduce any hazard or potential for damage to an adjacent property that cannot be
mitigated;
d. Be consistent with the type of existing uses surrounding the subject property; and
e. Improve the character of the area by encouraging reinvestment and upgrading of surrounding
properties.
Analysis:
There is no direct evidence that the proposed use will emit any known pollutant into the
ground or air that will detrimentally affect the subject property or neighboring properties. Nor is there
any evidence that the use will encroach on or direct runoff into any river or stream as there are none
located adjacent to the property.
Finding:
The use requested is generally consistent with the surrounding uses and there is no
evidence that it will produce any type of hazard or pollution.
5. Compliance with Other Applicable Regulations: The proposed conditional use and any associated
development shall comply with any other applicable code or ordinance requirement.
Analysis:
Staff has not found any additional applicable regulations that would apply to this
proposed expansion of a conditional use other than those mentioned in the staff report.
Finding:
Proposal will be compliant with all other applicable regulations after completing all
conditions of approval.
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Board/Commission Options
If the conditional use is approved the applicant may then proceed to submit an application for a building permit
for the 972 square foot expansion of the building. Any conditions listed in the Hearing Officer’s motion would
be applicable prior to the issuance of a building permit.
If the conditional use for the proposed expansion is denied, the business as it currently exists would be able to
continue to operate as they have in the past. The denial of the conditional use would not have an effect on the
remodeling of the current building.
Potential Motions
The motion recommended by the Planning Division is located on the cover page of this staff report. The
recommendation is based on the above analysis. Conditional uses are administrative items that are regulated by
State Law as well as City Ordinance. State law 10-9a-507 Conditional Uses states that “a conditional use shall
be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated
detrimental effects of the proposed use in accordance with applicable standards.” If the reasonably anticipated
detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the
imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may
be denied. If the Hearing Officer determines that this is the case, then the Hearing Officer must make findings
related to specific standards, identify the reasonably anticipated detrimental effects, and find that the detrimental
effects cannot be reasonably mitigated. Below is a potential motion that may be used in cases where the
Hearing Officer determines a conditional use should be denied.
Not Consistent with Staff Recommendation: Based on the testimony, plans presented and the following
findings, I move that the Hearing Officer deny the conditional use to allow the expansion of an automobile
dealership located at 575 South State Street. The proposed conditional use will create (list the detrimental
effects) which cannot be reasonably mitigated. Therefore, the proposed conditional use is not compliant with
the following standards:
1. Compliant with Master Plan and Zoning Ordinance.
2. Compatible with the character of the site, adjacent properties, and existing development within the
vicinity of the site where the use will be located.
3. Compatible with the character of the area where the use will be located
4. Will not, under the circumstances of the particular case and any conditions imposed, be detrimental to
the health, safety, and general welfare of persons, nor be injurious to property and improvements in the
community, existing surrounding uses, buildings, and structures.
5. The proposed conditional use and any associated development shall comply with any other applicable
code or ordinance requirement.
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Attachment A
Site Plan and Elevation Drawings
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Attachment B
Photograph of the Existing Facility
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Photograph is looking north from 600 South just east of State Street at
the location of the proposed expansion.
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Attachment C
Division Comments
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PLNPCM2011-00045
3 May 2011
Police Review
No comments
Public Utilities—Justin Stoker (801)483-6786
No objection to the proposed demo and reconstruction of the auto dealership. The applicant will need to
continue through and get proper demolition and construction permits through the normal process to be able to
proceed after the CUP is acquired.
Zoning Review—Alan Michelsen (801)535-7142
Please see his review dated 27 April 2011.
Transportation Review—Barry Walsh (801)535-6630
The division of transportation review comments an recommendations are as follows: In conjunction with
petition PLNSUB2010-00686 Minor Subdivision to combine the lots to clarify; parking requirements (off site),
cross access easements, cross drainage agreements, and maintenance agreements between parcels, we requested
parking calculations for the various buildings and uses per our past review dated November 3, 2010 for this
petition. On sheet AS101 it is noted with 263 passenger vehicle parking stalls required and 712 parking stalls
provided. Designate the required parking stalls, the provided parking stalls, and the inventory parking spaces.
The parking calculations for the various buildings needs to be verified per zoning review. The 263 required
parking stalls needs to indicate the required ADA stalls. The site plan shows only five ADA stalls. If the site is
treated as one unit for the 263 stalls and the rest of the spaces, 449 as inventory storage. Than there needs to be
a minimum of 7 ADA stalls with one being designated as a Van access stall. If the ADA designation is divided
between the six building units than the ADA stalls needs to be broken down for each building at ten or more for
the site. Along with the ADA designation the site needs to indicate the required 5% bicycle parking stalls (5%
of 263 = 13 stalls) indicate the bike rack details and locations. If some of the Inventory spaces are designated as
extra parking provided, than those stalls need to be calculated in the provided parking stalls and ADA stall
requirement.
Engineering Review- Randy Drummond (801)535-6204
See 11/1/10 comments for PLNPCM2010-00688, that are applicable to the frontage of the Mercedes-Benz
Dealership. No new comments.
These are the Engineering comments from 11/1/2010
Engineering review comments are as follows:
1. This submission consists of 35 existing parcels being combined into 8 lots. It is not known what will be
built on the 8 lots, however the plan shows the buildings on the proposed lot 5 being demolished. The lots
will face on 500 South, 600 South, State Street and 200 East. All of the streets are fully improved, and have
all the required right-of-way.
2. There are numerous sidewalk panels, a drive approach, and curb and gutter sections that either must be
replaced prior to receiving final approval from our Division, or some that we would recommend be
replaced. They are as follows:
500 South: Required: There are 7 panels of sidewalk that are severely cracked and meet the criteria of
APWA Std. Dwg. #291 for replacement. They must be replaced as per APWA Std. Plan 231.
Recommended: There are also 25 sections of curb and gutter that are deteriorated such that they should be
considered for replacement as a part of any construction project on the site in the future. They should be
replaced as per APWA Std. Plans 205A and 251.
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600 South: Recommended: There are of 10 sections of curb and gutter that are sunken or spalled, and a
drive approach that should be considered for replacement as a part of any construction project on the site in
the future. The curb and gutter must be replaced as per APWA Std. Plans 205A and 251, and the approach
must be replaced as per APWA Std. Plan 221.
State Street: Required: There are 4 panels of sidewalk with a raise joint that creates a trip hazard and
must be ground down to eliminate the hazard. They must be replaced as per APWA Std. Plan 231.
200 East: Required: There is one section of sidewalk with a spalled surface that meets the criteria of
APWA Std. Plan 291A for defective sidewalk. It must be replaced as per APWA Std. Plan 231.
Recommended: There are two sections of curb and gutter with a spalled surface that should be considered
for replacement with any construction project in the future. They must be replaced as per APWA Std. Plans
205A and 251. The portion of the work listed as Required must be completed by a licensed, bonded and
insured contractor via a Public Way Permit that can be obtained from our office. The timing of this work
needs to be discussed and agreed upon prior to the project being given final approval by our Division
Fire Review Ted Itchon (801) 535-6636
Fire department access roads shall be a minimum of 20 foot clear width and 13 foot 6 inches clear height for
structures which measured from the lowest fire department access road to the highest occupied floor is less than
30 foot. The turning radius of fire department access roads are 45 foot outside and 20 foot inside. Please note
that signs place on the perimeter of the outside turning radius shall be placed additional 5 foot from the curb.
Fire department access roads are measured from the inside edge of the lined drive isles to the opposite inside
edge of the lined drive isles.
Fire hydrants shall be within 400 feet of all structures. Please insure that the fire hydrant that is being used is not
on the other property, unless there is an easement provide in the description.
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ORION GOFF
BUILDING OFFICIAL
RALPH BECKER
Department of Community Development
MAYOR
Building Services and Licensing
ZONING REVIEW CORRECTION SHEET
Log Number: BLD2011-01800
Project Name: Ken Garff Mercedes
Project Address: 575 South State Street
Date: April 7, 2011
Zoning District: D-2
Overlay District: N/A
Contact Person: Marc Menlove
Michelsen Telephone: 801-633-7778
801-535-7142
E-Mail: [email protected]
Fax: 801-485-0473
Reviewer: Alan R.
Telephone:
E-mail: [email protected]
Fax: 801-535-7750
COMMENTS
Please respond in writing to each of the items below. Revise plans where appropriate. For follow-up review attach written responses
to the revised plans and resubmit to this office. During the review process you will be responsible for insuring that all sets of plans
submitted for review are maintained in complete and accurate condition. Please call me directly if you have questions or concerns.
1) An Impact Fee Worksheet shall be completed prior to permit issuance.
2) Pursuant to section 21A.44.010.H, section 21A.44.010.E and Chapter 21A.58, this development requires a
complete and accurate site plan be submitted which includes the following:
 Tax parcel numbers and legal descriptions.
 All existing and proposed property lines, dimensioned and matching the legal descriptions.
 Location of all existing and proposed structures, parking, landscaping, etc. and their relationship to
property lines.
 Identification of all easements.
 Location of all outdoor sales and display areas.
 Location of all required parking pursuant to 21A.44.
 Dimensions for all required parking and maneuvering areas pursuant to Table 21A.44.020.
3) Additional parking is required for the new addition and parking that is being eliminated by the new addition
is required to be replaced. Existing and proposed parking calculations are required. Please document your
figures on the site plan so we can verify how you are arriving at your numbers. Parking stalls allocated for
outdoor sales and display cannot be counted toward required parking. Parking calculations are to be
assessed as follows:
 Retail sales (includes auto parts and service areas, auto showroom, new car delivery room and auto
sales offices at a rate of 2 stalls per 1,000 sq. ft. of gross floor area.
 Plus 1 parking stall per service bay.
 Total number of required handicap stalls based on 21A.44.020.D.
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 Total number of required bicycles parking stalls pursuant to 21A.44.040.A (capacity equal to 5% of
required parking stalls). Also show location of bicycle rack and a rack detail.
4) Expansion of an auto dealership in the D-2 zone which requires additional parking shall be approved as a
Conditional Use as per 21A.54.030. For information on obtaining this approval please contact John
Anderson at 801-535-7214.
5) On-site parking is insufficient for approval of the proposed addition. In order to show compliance with the
off-site parking provisions pursuant to 21A.44.020.L, please provide a comprehensive and dimensioned site
parking plan and off-site parking analysis along with copies of a recorded cross-easement agreement
pursuant to 21A.44.020.L.4 for all of the Ken Garff Auto Dealerships located on Block 35, or apply for a
subdivision to consolidate lots and show all required parking and outdoor auto sales and display areas
contained on
one lot. For information on subdivision approval please contact John Anderson at 801-535-7214.
6) Plans need to document in detail all of the proposed encroachments into the public way i.e., footings,
columns, trellis, signage, etc.
7) The public way encroachments mentioned in comment #6 above need to be reviewed with SLC Property
Management. Please contact them at (801) 535-7133 for information on obtaining a lease agreement for the
encroachments into the public way. The approved lease agreement shall be attached to this application for
permit issuance.
8) Prior to permit issuance please submit to the Building Services Division a set of plans that has been stamped
and approved by the Department of Public Utilities. For information on obtaining this approval contact
Peggy Garcia at 1530 South West Temple or phone (801) 483-6727.
Note: Plans will also need to show compliance with any conditions related to
conditional use or subdivision approval.
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PLANNING COMMISSION STAFF REPORT

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