01/13/2010 Minutes - Laserfiche WebLink

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Ms. Wenger said the applicant requests a conditional use permit for a church to be located in Pheasants Run Plaza. Chapter 1118 outlines the general criteria and standards to incorporate in the Commission's review. Beyond the conditional use permit, the Building Commissioner has identified a number of concerns related to required parking, accessible parking, loading spaces, and minor external modifications. So long as the proposal meets zoning requirements, minor modifications can be handled through the minor change process. The applicant needs to clarify accurate occupancy to determine required parking. If zoning code requirements are not met the proposal becomes a development plan and the Commission should make recommendations to the Board of Zoning Appeals on the variance(s) required. Mr. Mitchell said plans submitted are not consistent in their occupancy totals to determine required parking. Required parking for retail is calculated differently than assembly use so that required parking increases. Six accessible spaces are required for the assembly use and four spaces are shown, which do not meet building code. The center is required to have two loading spaces and the plans show one of the spaces possibly being eliminated. The southeast loading door is shown to be eliminated, but doesn't identify materials to be used. The rear egress door for the church currently has two dumpsters blocking the path of egress. New plans are required showing accurate occupancy totals, six accessible spaces meeting code requirements, the new location of the dumpsters and materials used to enclose the door listed and shown. If the existing wall signs are used signage meets code. Variances could be eliminated with minor adjustments. Mr. O'Malley said the Commission is required to submit a report of findings to City Council and City Council makes the final decision. It is within the commission's power to work with the applicant to eliminate the variances. If the variances are eliminated the commission would proceed to review the conditional use using Section 1118.03 general criteria and standards. Furthermore 1161.06 addresses combined use of facilities and can be used to eliminate parlcing variances if the landlord and applicant submit a contract which meets the section's requirements. Mr. White said there would be a maximum of 180 occupants within the building at any one time. Required parking for the church will be primarily needed Sunday mornings when the majority of office tenants are closed and that retail which is open does so after their services end. The service door is being filled in to secure the building and they will reuse the existing wall signs for the time being. Ms. Priestas said they would provide the tenant an agreement which would meet the 1161.06 requirements to eliminate the need for a parking variance. Mr. Lasko aslced if the loading area could be relocated to eliminate the variance. Mr. Mitchell said the existing 47 foot designated loading area could be decreased to 12' x 25' by moving the dumpsters east from the rear access point which would eliminate the variance. Mr. White aslced if the loading door could be eliminated without a variance and Mr. Mitchell said yes as long as the loading space remains and the dumpsters are moved to ensure egress is not bloclced. The plans should show the materials eliminating the overhead door will match the existing building materials. Mr. White said new plans would be submitted eliminating the need for any variances. Mr. Bohlmann aslced if it was appropriate to require a dumpster enclosure and Mr. O'Malley said it would be appropriate. Ms. Wenger said site issues should be addressed using the minor change process, otherwise it falls outside of the scope of the conditional use review and becomes a development plan review. She would not want to see site improvements and or other 2