Title
To amend Ord. No. 2011-20-32, adopted Mar. 14, 2011, as amended by Ord. No. 2013-75-57, adopted Apr. 22, 2013, which authorized the special use of the property known as 310 North 33rd Street for the purpose of the conversion of an existing building to a multifamily dwelling with up to 50 units and principal commercial uses permitted on corner lots in the R-63 Multifamily Urban Residential District on the property, to authorize outdoor dining, upon certain terms and conditions. (As Amended)
Body
O & R Request
DATE: December 10, 2014 EDITION: 1
TO: The Honorable Members of City Council
THROUGH: Dwight C. Jones, Mayor (Patron: Mayor, by Request)
(This in no way reflects a recommendation on behalf of the Mayor)
THROUGH: Christopher L. Beschler, Interim Chief Administrative Officer
THROUGH: Peter L. Downey, Interim Deputy Chief Administrative Officer for Economic Development and Planning
FROM: Mark A. Olinger, Director, Department of Planning and Development Review
SUBJECT: Special Use Permit amendment for the purpose of authorizing outdoor dining at 310 North 33rd Street.
ORD. OR RES. No.
PURPOSE: To amend Ord. No. 2013-75-57, adopted April 22, 2013, which amended Ord. No. 2011-20-32, which authorized the property known as 310 North 33rd Street for the purpose of the conversion of the existing building to a multifamily dwelling with up to 50 units, and additionally authorized principal commercial uses permitted on corner lots in the R-63 Multifamily Urban Residential District on the property, to authorize outdoor dining, upon certain terms and conditions.
REASON: The property is located in the R-63 Multifamily Urban Residential zoning district, which permits outdoor dining uses. However, the R-63 District requires no outdoor dining area be within 100 feet of any property in an R district. The proposed dining area is approximately 65 feet from the R-8 District, and therefore, an amendment to the special use permit is required.
RECOMMENDATION: In accordance with the requirements of the City Charter and the Zoning Ordinance, the City Planning Commission will review this request and make a recommendation to City Council. This item will be scheduled for consideration by the Commission at its February 2, 2015 meeting. A letter outlining the Commission’s recommendation will be forwarded to City Council following that meeting.
BACKGROUND: The subject property is located on the southwest side of the intersection of North 33rd and East Marshall Streets in the City’s Church Hill neighborhood. The parcel contains approximately 0.50 acres of land area and is improved with a brick building that was constructed in 1904 as the Chimborazo School, a City school. The building contains 3 stories, each with approximately 12,438 square feet in area, for a total livable area of 37,314 square feet. The property is abutted by a one-way public alley which extends south from Marshall Street and then turns right, exiting on 33rd Street.
On April 22, 2013, City Council authorized a special use permit amendment (Ord. No. 2013-75-57) for the purposes of authorizing principal commercial uses permitted on corner lots in the R-63 Multifamily Urban Residential District. The approved commercial square footage was 2,500 square feet and the parking space requirements for the commercial space was waived.
The proposed outdoor dining area would be limited to 575 square feet and be required to cease operations no later 11:00 P.M. No additional parking would be required as part of the proposed dining area.
The subject property is located in the City’s Chimborazo Park Old and Historic district and is zoned R-63 Multifamily Urban Residential District. Properties to the north, west, and south of the subject property are zoned R-8 (Urban Residential) and are generally improved with single-family detached residences. There are several vacant lots to the west of the public alley abutting the subject property that are owned by Mount Carmel Baptist Church, which is located at the intersection of 32nd and Broad Streets. Chimborazo Park is located to the south of the subject property, across Broad Street. There are two multi-family buildings across the street from the former school, which are also located in the R-63 District. A small UB (Urban Business) district is located to the east of the subject property along Marshall Street.
The subject property is located in the East Planning District, as defined by the 2000-2020 city-wide Master Plan. The Master Plan originally recommended Single-family (Medium Density) uses for the subject property. This designation was amended in April 2010, however, to recommend “Mixed Use Residential” uses for the property. The Master Plan defines the primary uses for this land use category as “single, two, and multi-family dwellings, live/work units and neighborhood serving commercial uses developed in a traditional urban form” (page 304).
FISCAL IMPACT: The Department Planning and Development Review does not anticipate any impact to the City’s budget for this or future fiscal years.
COST TO CITY: Staff time for processing the request; preparation of draft ordinance; and publishing, mailing and posting of public notices.
REVENUE TO CITY: $1,800 application fee
DESIRED EFFECTIVE DATE: Upon adoption.
REQUESTED INTRODUCTION DATE: January 12, 2015
CITY COUNCIL PUBLIC HEARING DATE: February 9, 2015
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: None
CONSIDERATION BY OTHER GOVERNMENTAL AGENCIES: City Planning Commission, February 2, 2015
AFFECTED AGENCIES: Office of Chief Administrative Officer; Law Department (for review of draft ordinance); and City Assessor (for preparation of mailing labels for public notice)
RELATIONSHIP TO EXISTING ORDINANCES: None.
ATTACHMENTS: Application Form, Applicant’s Letter, Draft Ordinance, Survey, Plans
STAFF: Willy Thompson, Senior Planner; Land Use Administration (Room 511); 646-5734
PDR O&R No. 14-35
Recommended Action
Key Issues:
Retain on Consent Agenda
Move to Regular Agenda
Refer Back to Committee
Remove from Council Agenda
Strike Withdrawn ---- Continue to: