May 10, 2005

A. SUMMARY

SP-07-41-04: 830-832 Pennsylvania, a site plan for site improvements to 830-832 Pennsylvania Street and the construction of a parking lot at 716 E. 9^th Street. Submitted by Hernly Associates, Inc. for Pennsylvania Street Investors and Roger N. Harris, property owners of record.

B. GENERAL INFORMATION

Current Zoning and Land Use:	M-3 (Intensive Industrial) District; 10,000 square foot building and undeveloped land.
Surrounding Zoning and Land Use:	M-3 (Intensive Industrial) District to the north; Industrial buildings and associated parking/loading areas. M-2 (General Industrial) District to the south; Commercial use. M-3 (Intensive Industrial) District to the east; Industrial buildings and associated parking/loading areas. M-2 (General Industrial) District to the west; Industrial buildings and associated parking/loading areas.
Site Summary:
Gross Area:	.809 acres (35,250 square feet)
Building Coverage:	10,214 gross square feet; 9600 net square feet
Off-Street Parking Required:	1 per 300 square feet of floor area (32)
Off-Street Parking Provided:	32 spaces

Staff Recommendation: Planning staff recommends approval of site plan SP-07-41-04, site improvements to 830-832 Pennsylvania Street and the construction of a parking lot at 716 E. 9^th Street subject to the following conditions: Execution of a Site Plan Performance Agreement. Execution of an Agreement Not to Protest the Formation of a Benefit District for street and sidewalk improvements to 9^th and Pennsylvania Streets. Revision of the site plan to include the following: a. The addition of two street trees in front of the building at 830-832 Pennsylvania Street. b. Correction of the number of parking spaces to read “32 TOTAL PRKG”.

830-832 Pennsylvania and 716 E. 9^th St., 2003 Aerial

C. STAFF REVIEW

The subject property is located east of Pennsylvania Street and north of E. 9^th Street. An unoccupied building is currently located at 830-832 Pennsylvania Street. 716 E. 9^th Street comprises undeveloped land.

The applicant is proposing to locate a professional office in the southern portion of the building at 830-832 Pennsylvania, with the assumption that another similar use will occupy the northern portion of the building in the future. The building is 10,214 gross square feet. A temporary parking lot, which would hold 32 parking spaces, is proposed for 716 E. 9^th Street.

Variances

On September 2, 2004 and April 6, 2005, the following variances were approved for the area in question:

1. A permanent variance from the provisions of Section 20-807 to allow a reduction in the building setback to zero feet from the right-of-way.

2. Five-year variances from the provisions of Sections 20-1215 and 20-1217 for paving, markings, and barriers to be used in the parking lots and driveways, which allows the construction of a temporary parking lot with no curbing, no landscaped islands, substandard surfacing, and wheel stops.

3. Five-year variances from the provisions of Sections 20-1214, 20-14A04.6, and 20-14A04.3 for the parking lot landscaping, screening, and street tree requirements, which allows for the revised requirement of one shade tree per two islands to allow turf instead of trees, and the placement of no street trees along 9^th Street.

Redevelopment Master Plan

This site plan application is one portion of a larger redevelopment plan for Pennsylvania Street, between 8^th and 9^th Streets. It is expected that 620 E. 8^th Street, 619 E. 8^th Street, 804-806 Pennsylvania Street, 810 Pennsylvania Street, 826 Pennsylvania Street, 846 Pennsylvania Street, and 720 E. 9^th Street, and the west side of Pennsylvania Street between 8^th and 9^th Streets will be redeveloped in a similar manner as 830-832 Pennsylvania Street. The temporary parking lot at 716 E. 9^th Street is expected to be constructed into a 169 spot parking lot within the next five years. A new building will also be constructed at 716 E. 9^th Street.

Additionally, the applicant has expressed the intent to redevelop these properties as an Urban Conservation District (UCD). A UCD would reduce the need for zoning variances for development that conforms to the size, orientation, and setting of existing buildings in the designated area. The application must be reviewed by the Historic Resources Commission and Planning Commission, and must be approved by the City Commission. An application for a UCD has not yet been submitted.

Accessible Parking

Two accessible parking spaces have been noted in the southwest area of the proposed parking lot. As patrons utilizing these spots would need to access 830-832 Pennsylvania Street via improved sidewalks along 9^th and Pennsylvania Streets, sidewalks will be constructed and/or replaced where needed. Through the Traffic Safety Commission, the applicant is also requesting an on-site accessible parking space in front of the 830-832 Pennsylvania Street building. This spot will provide a more direct route for those utilizing the site’s accessible parking spaces.

D. Findings

Per Section 19A-5, staff shall first find that the following conditions have been met:

(a) That the proposed use is a permitted use in the district in which the property is located;

The subject property is zoned M-3 (Intensive Industrial) District, which permits professional offices, including accounting, architecture, and law offices. This district is designed to accommodate manufacturing and industrial activities which involve more objectionable influences and hazards. The use of the existing building for a law office is acceptable for the M-3 (Intensive Industrial) District.

(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping, and drainage is compatible with adjacent land uses;

This site plan includes site improvements to 830-832 Pennsylvania, which includes an existing building, and the construction of a parking lot at 716 E. 9^th Street. Vehicles will enter the parking area from 9^th Street. No site lighting or additional landscaping is proposed with this site plan. The proposed improvements will not increase the site’s impervious surface. The arrangement of the above-mentioned elements is compatible with the adjacent land uses, as the project is surrounded by industrial uses.

(c) That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;

9^th Street is designated as a local street within the project vicinity. Access to the property is provided by a 25-foot access drive off 9^th Street. The location of the building to the west of the parking area and the open space to the east of the parking area allow for efficient vehicle flow throughout the site.

(d) That the site plan provides for the safe movement of pedestrians within the site;

Sidewalks are provided along some portions of Pennsylvania and 9^th Streets. However, as portions of the existing sidewalks are damaged, new sidewalks will need to be installed in front of the existing building at 830-832 Pennsylvania, as well as along 9^th Street. With the construction of these sidewalks, pedestrians will be able to safely navigate the site. Clients and employees who drive to the site will need to cross a 16-foot wide alley to enter the building from the rear. However, as there is minimal alleyway traffic, pedestrians will be able to safely cross the alley.

(e) That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;

On 9/2/04 and 4/6/05, variances pertaining to the provisions for parking lot landscaping, screening, and street tree requirements described in Sections 20-1214, 20-14A04.6, and 20-14A04.3 of the City Code were granted for a 5-year period. However, the site plan includes the preservation of two large Elm trees on the 716 E. 9^th Street parcel. If these trees are damaged or destroyed through the construction process, replacement trees will be planted by the applicant.

(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;

A trash area, which will be accessed from the alleyway, is included at the northwest corner of the 716 E. 9^th Street parcel. The dumpster will be screened with a 6-foot fence in accordance with Sanitation Department Standards for enclosures.

g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development;

The site plan includes a temporary parking area, which will include 32 parking spaces. The lot will include painted parking stripes, concrete wheel stops, and two-foot asphalt on compacted subgrade. The temporary parking lot was approved for five years via a variance request on 9/24/04 and extended for 90 days on 4/6/05.

E. CONCLUSION

The proposed request is consistent with the zoning district and the setback requirements. Therefore, staff recommends approval of site plan SP-07-41-04, site improvements to 830-832 Pennsylvania Street and the construction of a parking lot at 716 E. 9^th Street subject to the following conditions:

Execution of a Site Plan Performance Agreement.
Execution of an Agreement Not to Protest the Formation of a Benefit District for street and sidewalk improvements to 9^th and Pennsylvania Streets.
Revision of the site plan to include the following:

a. The addition of two street trees in front of the building at 830-832 Pennsylvania Street.

b. Correction of the number of parking spaces to read “32 TOTAL PRKG”.