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HomeMy WebLinkAboutBOA Packet 6.14.17MINUTES PRELIMINARY BOARD OF ADJUSTMENT MAY 10, 2017 – 5:15 PM EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Bryce Parker, Becky Soglin, Tim Weitzel MEMBERS ABSENT: STAFF PRESENT: Susan Dulek, Sarah Walz OTHERS PRESENT: Doug Bottroff, Dave McCauley CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Soglin outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDER THE APRIL 12, 2017 MINUTES: Goeb moved to approve the minutes of April 12, 2017. Weitzel seconded the motion. A vote was taken and the motion carried 5-0. SPECIAL EXCEPTION ITEM EXC17-00003: Discussion of an application submitted on behalf of Regina Catholic Educational Center to allow the expansion of a General Education Facility in the Low Density Single-Family (RS-5) zone at 2140 Rochester Avenue. Soglin noted that she lives on Rita Lyn Court, the cul-de-sac across the way from Regina, but has no direct knowledge of the application and therefore there is no conflict of interest. Walz began the staff report noting that the Board considered a special exception on this property last month. She showed a site map of the area and noted the school is located in the RS-5 zone and has RS-5 zoning on two sides (west and south), Hickory Hill Park is to the north, and multi- family zones to the east. There is also some neighborhood commercial to the south and east of the site. The Regina Catholic Educational Center is categorized as a General Education Use-a use that is permitted in residential zones (similar to churches and daycares) by special. exception only. In April, the Board of Adjustment approved a special exception to allow an approximately 12,900 square foot building to house an athletic training facility. The applicant is now seeking a Board of Adjustment May 10, 2017 Page 2 of 9 special exception to allow an 18,500 square foot addition to the school building and an expansion of the parking areas north and south of the building. The School is requesting the special exception first, and if approved then will begin raising funds. Therefore the expansion has not yet been designed, but they have a basic footprint and a basic idea of what they would propose. The addition will be on the back of the school, and not street facing. The school is also seeking to expand its parking areas to provide 57 additional spaces-53 spaces in the south lot, which faces onto Rochester Avenue; 4 additional spaces in the north lot, adjacent to the new athletic building. This parking expansion will be beyond the minimum parking requirement and also as part of their circulation requirement they are widening a curb cut onto Rochester Avenue. Walz reminded the Board that at last month’s meeting it was discussed designing a new secondary access drive to First Avenue. The City has long encouraged Regina to provide this secondary access in order to alleviate congestion at the intersection of First Avenue and Rochester Avenue during peak hours. Walz noted there was a question from one of the Board members about this use, the applicant has indicated that the goal of the expansion, and related renovations within the existing building, to bring the school building up-to-date with modern standards for educational facilities and to allow expansion of Regina's early childhood program. The early childhood program use is considered an accessory use and does need a special exception, however since it will be part of this bigger project, it is included in the overall special exception as the criteria for the expansion of a General Education Facility exception is more strenuous than that of just having an early childhood program in the zone. Walz reviewed the standards required for a General Education Use facility. The first is regarding setbacks. The Regina school buildings more than satisfy the required setbacks. Even with the new addition they will continue to exceed the minimum required setbacks. The second specific criteria is that the proposed use will be designed to be compatible with adjacent uses. The criteria gives the Board a lot of latitude to look at various aspects. Walz did point out that she mentions stormwater under the general criteria, but it probably fits better under this specific criteria. There are some stormwater issues on the site that the City has been trying to resolve for some years, and now is a good time with this special exception application to get those issues resolved. The City Parks Department will work with Regina and prior to paving the south parking area, Regina will need to come up with a plan to address the stormwater runoff issue and must be signed off by the Director of the Parks Department. Walz next discussed the parking issues. The applicant proposes to create 53 additional parking spaces and have submitted a parking study to the Board. In addition to the special exception, in order to have the parking between the street and the school building the applicant had to go through the Minor Modification process, which they have done and secured the Minor Modification. Walz continued by noting there are two matters to address, one is exceeding the minimum parking and secondly the placement of the parking. Regina has indicated that they have a number of events during which the parking demand outstrips the supply. That is pretty standard at all schools, when there are events a certain number of parking must be accommodated on the surrounding streets. The additional parking spaces requested are intended to more closely align with actual current demand for parking on the site. Walz also noted that currently during large events cars often park in the drop-off circle and fire lane and on grassy areas that line the parking lots. Walz showed on the map how parking is accommodated on streets in the surrounding neighborhoods. Woodridge Avenue and Winston Drive provide the nearest opportunities for on- street parking with a pedestrian connection directly to the west edge of the Regina property, near the athletic fields. Rita Lyn Court, an approximately 700-foot cul-de-sac provides some additional on-street parking capacity. Most other nearby streets are located no less than a quarter mile from Board of Adjustment May 10, 2017 Page 3 of 9 the school building, and some (especially those to the northeast) are not easily accessible to the site due to topography. The additional parking is being proposed on the south side of the school because other areas are needed for stormwater management and there are other topographic constraints. Therefore Staff does believe some additional parking is appropriate, and it is appropriate to have it in the front of the school. Staff has requested that Regina keep as much green space as possible between the front property line and the parking area. The parking area will have landscape screening and a retaining wall approximately three feet in height. The next standard, the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter. Regina functions like other school sites, there are occasional evening events, but not late night hours. In addition they will be providing the screening for the parking and with the addition of the new access driveway they will be reducing the impact of the parking area in neighborhoods. Walz next discussed if the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards. Walz stated that because the addition is on the back of the building they are not held to the standard for buildings. The multi- family design standards do require that parking is behind the buildings but because this is an existing site, and given the topography and constraints on the site, they secured a Minor Modification to allow the parking. Walz moved onto the General Standards. First, the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. There will be a number of improvements to the site with new sidewalk connections through the parking areas. Walz showed the pedestrian pathways and noted with the larger site there will be a new sidewalk that will come up the access drive and that will need to be connected to the entrance of the new addition. Walz reiterated that the goal is to maintain as much green space between the parking screening and the sidewalks. The second general standard, the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. By maintaining the 20 foot setback for the parking area will assist with meeting this standard. Walz restated the stormwater runoff issue and how Regina is working with the City to resolve that issues. Next, establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Walz stated that the findings under the first two general criteria meet this. She noted the City also discussed previously how Regina is an asset to the neighborhood. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Once again the stormwater issues is being addressed, the access drive is addressing the need to reduce congestion at the Rochester intersection. General criteria number five is adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Walz reiterated that will be accomplished through the creation of the new access drive. Walz showed a picture of the area and explained that the two driveways that are on Rochester Avenue have specific uses. The east access drive is entrance only and the other is an exiting drive only. That is not a requirement of the City, it is just what Regina has done for its own circulation needs. Regina is changing that to Board of Adjustment May 10, 2017 Page 4 of 9 have both drives entrance and exits and the applicant can address how that will change the circulation on their site. Walz also explained the pedestrian crossings for access to the school, and that crossing guards are provided. Walz stated with the final two general criteria, first except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located, there are a number of things Regina will have to bring up to Code standard (lightening on the building and parking lot, parking area screening, screening required along driveways, improvement of stormwater drainage, and sidewalk access to the rear entrance). And finally the proposed use must be consistent with the Comprehensive Plan as amended. The Comprehensive Plan encourages educational facilities in residential zones so long as they fit within the neighborhood. Staff recommends approval of a special exception for the expansion of a general educational facility to allow a school building addition of approximately 18,500 square feet and expansion of the parking areas to allow up to 300 parking spaces, subject to the following conditions: a. Completion of a secondary drive access to First Avenue prior to issuance of a building permit for the new school addition; b. Substantial compliance with the plans and elevations submitted with this application; c. The parking area setback along Rochester Avenue should be set back no less than 20 feet from the street right-of-way line (south property line) in order to preserve as many mature trees as possible, and mature trees that are removed should be replaced in consultation with planning staff; d. North and south parking areas and drives must be brought into conformance with all parking standards, including paving, screening, shade trees, pedestrian access, and lighting; e. Bicycle parking must be provided in conformance with code standards; and f. Prior to paving of the south parking area (near Rochester Ave), the applicant must submit a plan to and receive approval from the Park and Recreation Director to address stormwater runoff concerns at the north end of the Regina property; and g. Prior to a permit being issued for the building addition, the stormwater plan must be implemented, inspected, and approved by the Parks and Recreation Director. The term of this special exception should be extended to 2 years to allow Regina the opportunity to complete the fundraising for the school expansion. Goeb asked about the sequence of events. Walz explained Regina would first like to construct the parking area this summer that would allow them to stage things for both the athletic facility they are building and for the eventual addition to the school. Then hopefully in the next year to two years build the addition and once the addition is built finish the improvements to the rear parking area. Goeb asked when the First Avenue drive is to be completed. Walz said the intent is to do the access drive as soon as possible, before any other improvements. Parker asked if Staff was recommending the curb cut be widen or if that was the Applicant. Walz stated the Applicant was requesting it and to do so they must get a permit from the City Engineer who will address safety and other issues. It is part of the exception because it is part of the expansion. Soglin asked if there would be room for three lanes of traffic with that expanded curb cut and Walz confirmed there would. The Applicant will address the traffic circulations. Board of Adjustment May 10, 2017 Page 5 of 9 Soglin next asked about preserving as many mature trees but there is a notation that the evergreens will likely be taken out. Walz said some would, but perhaps not all. Soglin opened the public hearing and asked the Applicant to come forward. Doug Bottorff (2005 Rochester Court) represents Shive Hattery and is a Regina parent. He stated they did hold a neighborhood meeting (Soglin stated she did not attend that meeting so there would be no conflict of interest) and received positive feedback at that meeting. Bottorff acknowledged the questions about traffic circulation and will also speak about the south parking lot. He first showed the existing traffic circulation, and explained the drop off points and where there is congestion. He then showed the proposed new routing which will help alleviate the congestion and less traffic through the preschool age areas of the school. Additionally there will be a new dedicate bus drop off area. With the new site circulation they will have 150 cars on First Avenue in the morning and 200 exiting cars onto North First Avenue in the afternoon, but that alleviates all those cars from adding to traffic on Rochester Avenue. Soglin raised concern about the intersection with three lanes (one going in, two out exiting either left or right) because currently if someone is at the intersection of Rita Lyn Court and Rochester Avenue they cannot make a left hand turn onto Rochester due to all the traffic exiting Regina. She also stated concern about the other access point on Rochester Avenue and cars exiting to the east right into a walkway. Bottorff showed the traffic counts for the area and noted the new system will alleviate the concentration of traffic from just one exit. Soglin noted that widening the curb cut allows for more traffic at that entrance/exit and now there will be three vehicles maneuvering through the area rather than the current two. Bottorff stated by widening the curb cut they can accommodate the bus traffic as well. Soglin asked if after this is in place for a bit and if problems arise they will revisit and Bottorff confirmed that would absolutely happen. Goeb asked about the sequence of all the projects. Bottorff said they will begin with the new access road off First Avenue, then next is the south parking lot and they hope to accomplish both this summer. The north parking lot modifications will happen with the construction of the addition, which they plan to start designing this fall. Bottorff addressed the south parking lot and acknowledged they worked very hard to keep the 20 foot buffer (from the parking lot to the property line) but there is one area on the far east side where it will only be 19 feet. However by doing that they are saving some trees. Soglin stated Bottorff has addressed what the preferred traffic flows will be, but there is no prohibiting mechanism for someone to use whatever entrance/exit they wish. Bottorff confirmed that was the case, but they will communicate with the parents, students and guests the preferred traffic flows. Parker asked if there was any signage for parking along Woodridge Avenue. Walz responded that the only signage for parking would be what the City puts up, such as prohibiting parking. Parker asked about special events, to let the public know they can park on Woodridge Avenue. Bottorff stated they do not use signage to direct parking to Woodridge Avenue or any surrounding neighborhood. Board of Adjustment May 10, 2017 Page 6 of 9 Parker also asked Bottorff to comment on the screening around the retaining wall. Bottorff said they are required by Code to have 35 plantings with a third of them greater than four feet with no requirement on where they are. Bottorff said they will meet that requirement. Walz noted that the screening requirement is for lightening and to designate an area, it is not required to block the view of the area, so it doesn’t have to be a solid screen. Dave McCauley (420 North First Avenue) and the driveway to his condominium complex will be right across the road from where the new access road will be. His concern is that First Avenue is already difficult to get on and off of certain times of the day. He also drives along Rochester Avenue and feels it is much easier to deal with than First Avenue. On First Avenue traffic is often backed up all the way down to Hickory Hill Park. He is concerned about adding more traffic to that area. He questions where the approval for that new access road came from, as it appears to already be done, but before additional parking is approved for this site it would be beneficial to first see how the traffic on First Avenue will be affected by this new access road. McCauley referenced a mailing he received that states the secondary access drive will alleviate the congestion at the Rochester and First Avenue intersection as only north bound traffic may enter. Walz acknowledged that was an error, and should read only south bound traffic may enter the access road. This access road should help with the stacked southbound traffic on First Avenue as any of the traffic to Regina can turn into Regina at the access road rather than going up to Rochester Avenue to enter Regina. Soglin raised the question of where the approval for the drive comes from, as it doesn’t come through this Board. Walz stated that throughout the years Regina has come before this Board for special exceptions for smaller projects and at each of those meetings the City has stated their desire for Regina to provide a secondary access as the only way to the site is off Rochester Avenue. Regina finally has acquired the property needed to achieve the secondary access. Walz explained that this is a City directive. Soglin asked if it were ever a condition placed on a special exception granted and Walz confirmed it was not. Soglin asked if McCauley was able to attend the Good Neighbor Meeting. He said he did not as he felt that was not the place to state his concern about the driveway and it should be addressed to this Board and the City not Regina. Chrischilles asked if McCauley was concerned about peak time traffic in the morning only. McCauley stated there was concern for afternoon traffic as well. Walz confirmed there is a period of the morning where First Avenue is quite backed up and the idea is that the access drive will get those people headed to Regina off First Avenue prior to waiting to turn onto Rochester Avenue. Soglin closed the public hearing. Soglin noted that Staff added conditions a-g on the exception and the Board could add another condition regarding the sidewalk. Parker acknowledged that is covered by the Code. Walz stated the Code requires either a four or five foot sidewalk but often schools decide to build a wider sidewalk for their own convenience. Goeb asked about condition c and if the Board needs to do anything about the “no less than 20 feet” to acknowledge the Applicant admitted one area is only 19 feet. Dulek stated the Board should acknowledge the 19 feet so it is on record. Walz said it could say “with the exception of an area on the east end of the parking lot” and that should suffice. Walz said the City is most concerned with maintaining a sense of screening and separation, and it was more of a goal to Board of Adjustment May 10, 2017 Page 7 of 9 preserve the trees to the west. Weitzel pointed out that there aren’t many trees at that corner and being able to save the ones there is important. Goeb recommends approval of a special exception EXC17-000003 for the expansion of a general educational facility to allow a school building addition of approximately 18,500 square feet and expansion of the parking areas to allow up to 300 parking spaces, subject to the following conditions: a. Completion of a secondary drive access to First Avenue prior to issuance of a building permit for the new school addition; b. Substantial compliance with the plans submitted with this application; c. The parking area setback along Rochester Avenue should be set back no less than 20 feet from the street right-of-way line (south property line - with the exception of a small area on the east end of the south parking lot) in order to preserve as many mature trees as possible, and mature trees that are removed should be replaced in consultation with planning staff; d. North and south parking areas and drives must be brought into conformance with all parking standards, including paving, screening, shade trees, pedestrian access, and lighting; e. Bicycle parking must be provided in conformance with code standards; and f. Prior to paving of the south parking area (near Rochester Ave), the applicant must submit a plan to and receive approval from the Park and Recreation Director to address stormwater runoff concerns at the north end of the Regina property; and g. Prior to a permit being issued for the building addition, the stormwater plan must be implemented, inspected, and approved by the Parks and Recreation Director. The term of this special exception should be extended to 2 years to allow Regina the opportunity to complete the fundraising for the school expansion. Chrischilles seconded the motion. Weitzel agrees with the motion and added that traffic is always a complicated issue. Weitzel stated that regarding agenda item EXC17-00003 he concurs with the findings set forth in the Staff report of May 10, 2017 as amended tonight in the motion, and conclude the general and specific criteria are satisfied, particularly that the new access drive will help alleviate congestion at the intersection of Rochester and First Avenues, the parking will be brought into compliance with design standards, and the request to expand parking beyond the minimum is reasonable based on information submitted to Staff. So unless amended or opposed by another Board member he recommends that the Board adopt the findings in the Staff Report as our findings with acceptance of this proposal. Soglin added that the Applicant has reached out to the neighbors and neighbors have had opportunities to share their views. A vote was taken and the motion carried 5-0. Soglin stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk’s Office. Board of Adjustment May 10, 2017 Page 8 of 9 BOARD OF ADJUSTMENT INFORMATION: Board update regarding a previously approved special exception (EXC16-00009) allowing expansion of an existing Quick Vehicle Servicing use located in the Neighborhood Commercial (CN-1) zone located at 2221 Rochester Avenue. At its April meeting a board member had requested follow up regarding the site plan that was approved vs. what was actually installed. Walz showed the site plan approved for the project and what the site looked like prior to the special exception. The plan did call for reduction in green space but additional screening. Soglin raised the concern that the screening didn’t look correct, there was added rock to the site, as well as concern about amplified sound from the site. Walz stated that inspectors went out to the site and issued a violation, the Applicant is in the process of improving the area that was filled in with rock as well as modifying the area with the dead vegetation. The Applicant has installed the compliant bicycle parking and turned off the amplified sound at the gas pumps. Additionally the Applicant moved the sign that was in violation. ADJOURNMENT: Goeb moved to adjourn this meeting. Weitzel seconded the motion. A vote was taken and the motion passed 5-0 BOARD OF ADJUSTMENTATTENDANCE RECORDNAME TERM EXP.6/15 7/138/10 9/14 9/21 9/30 10/12 11/912/14 1/11 4/12 5/10PARKER, BRYCE1/1/2022 -- -- -- -- -- -- -- -- --X O/E XGOEB, CONNIE1/1/2020 XXXXXO/EXXXXXXCHRISCHILLES, T. GENE1/1/2019 O/EXXXXXXXXXXXSOGLIN, BECKY1/1/2018 XXXXXXXXXXXXWEITZEL, TIM1/1/2021 XXXXXXXXXXXXKEY: X = PresentO = AbsentO/E = Absent/Excused--- = Not a Member