Planning Commission

March 26, 2012 The Russellville Planning Commission will hold its Regular Meeting March 26, 2012, at 5:30 p.m., in the Council Chambers of City Hall. PLANNING COMMISSION AGENDA Welcome Visitors 1. A request to review and approve the minutes of the January 23, 2012 regular meeting. 2. A request to review and recommendation of approval to the City Council for a Special Use Permit to allow a welding shop in a C-2 for property located at 1417 East Main Street, submitted by Jeff Smith. (SP 12.02.110) 3. A request to review and recommendation of approval to the City Council to rezone property presently R-3 (Medium/High Density Residential) to R-O (Residential Office), for property located at 1025 North Rochester Avenue, submitted by Michael Short of Maple Management, on behalf of Virgil Bowman. (ZO.12.03.158) 4. A Public Hearing to consider various additions and amendments to the Zoning Code. (MS.12.03.68)  Russellville Planning Commission Minutes March 26, 2012 @ 5:30 p.m. The Russellville Planning Commission met in its regular meeting on Monday, March 26, 2012 at 5:30 p.m., in the Russellville City Hall Council Chambers. Members Present Chairman Dennis Boyd Secretary Aldona Standridge Gaylon Smith Jimmy Davenport Jimmy Sims Richard Perkins Nick Patel Members Absent Vice-Chair Eric Westcott Herschell Hargus Burke Larkin, Council Liaison Also present: City Planner David Harris, City Attorney Trey Smith, Jim Lynch/City Corporation, Planning Assistant Lequitta A. Jones, Price McMillen, Jeff Smith, Sam, Crosby, Marky Crosby, and Catherine Wilkins WELCOME The First Order of Business: A request to review and approve the minutes of the January 23, 2012 regular meeting. Commissioner Patel made the motion to approve the minutes as written. The motion was seconded by Commissioner Standridge and passed unanimously. The Second Order of Business: A request to review and recommend approval to the City Council for a Special Use Permit to allow a welding shop in a C-2 for property located at 1417 East Main Street, submitted by Jeff Smith. (SP 12.02.110) Chairman Boyd opened the public hearing and asked the City Planner for a summary of the submittal. Mr. Harris presented the overall view of the welding shop. Mr. Harris said that while East Main is primarily a retail corridor, this property had originally been built and used for uses similar to that being proposed. Mr. Harris said the applicant would need relief from strict enforcement of the Zoning Code parking requirements, but that would be the case for any use proposed for this site. When East Main was widened several years ago, additional right-of-way was taken from the front of this property, resulting in the building being close to the edge of East Main/Hwy 64. The applicant has proposed parking along the west side of the adjacent building which is under common ownership. The existing parking is only partially paved, however, to require paving the whole lot may render any use of the building economically infeasible. Mr. Smith said the owner will allow use of the west side of the building for parking, and that there would be room for 6 to 8 parking spaces. He also said Building Official Brian Holstein had examined the building and found its condition acceptable. Mr. Perkins stated his concern was whether the building was structurally safe. Mr. Smith said the building appeared safe and Mr. Holstein did not see any problems with it. Mr. Perkins moved to recommend Council approval of the Special Use Permit for a welding shop. Commissioner Patel seconded the motion and it passed unanimously. The Third Order of Business: A request to review and recommend approval to the City Council to rezone property presently R-3 (Medium/High Density Residential) to R-O (Residential Office), for property located at 1025 North Rochester Avenue, submitted by Michael Short of Maple Management, on behalf of Virgil Bowman. (ZO.12.03.158) Chairman Boyd opened the public hearing asking City Planner for a summary of the submittal. Mr. Harris presented the staff review and his opinion that R-O was a good fit for the area, and that the list of non-residential uses in R-O was short and limited to low intensity uses that would not significantly alter the character of the area. Ms. Herring, who lives at 1612 East L, addressed the Commission with her concerns that development of the property would make a drainage problem on her property worse. Ms. Herring stated that water flows off the subject property following rainfall and keeps her backyard so wet that her trees have died. City Planner Harris said the drainage would be reviewed at the site plan review. The request under discussion was only for rezoning. Ms. Slusher, of 1608 East L, echoed Ms. Herring's concerns about the drainage. Mr. Perkins moved to recommend Council approval of the requested rezoning to R-O. The motion was seconded by Ms. Standridge and passed unanimously. The Fourth Order of Business: A Public Hearing to consider various additions and amendments to the Zoning Code. (MS.12.03.68) Chairman Boyd opened the public hearing asking City Planner for a summary of the various additions and other amendments. Mr. Harris explained that, currently, the Russellville Zoning Code (ZC) fails to provide an adequate framework for decision- making in regard to several issues that come before the Planning Department staff or Planning Commission with some regularity. These issues include: Accessory Building Size Restrictions – Currently, the Zoning Code limits accessory structures to a maximum area of 800sf, or 30% of the required rear yard, or 40% of the heated/cooled area of the main structure, whichever is smallest. This has led to frequent visits to the Board of Adjustment (BOA) by owners of large houses on large parcels who wish to build accessory structures larger than 800sf. The proposed text changes to ZC Section 3.1 Accessory Buildings are intended to reduce the number of property owners who have to go before the BOA, while still ensuring that excessively large accessory structures are not allowed in residential areas. Sidewalks – The Land Subdivision and Development Code provides some guidance as to when sidewalks are required as a condition of subdivision plat approval, and the standards for such sidewalks. The Zoning Code, however, does not clearly stipulate the conditions under which plan approval would require provision of sidewalks. The addition of Section 3.21 Sidewalks to the Zoning Code is intended to address this shortcoming. Unauthorized Dumping of Fill Material – Occasionally in the City of Russellville, landowners place, or allow to be placed, significant amounts of fill materials on vacant parcels, essentially storing it for future use. Placing or dumping fill material in this manner, where there is no intent to use the material to improve the lot onto which it is dumped, constitutes establishment of a material storage yard, and requires prior review and approval by the City. While the ZC currently contains language that would confirm all the above, the addition of Section 3.22 Dumping or Storage of Fill, is intended to make restrictions on this sort of dumping more explicit. Off-street Parking and Loading Requirements – Amending Section 4.1.2(4) clarifies conditions under which parking which requires backing into the street can be allowed. Area Requirements for Residential Uses in Non-residential Zones – Currently the ZC allows residential uses in non-residential zones, but does not make clear what dimensional requirements should apply in such cases. Amending Section 12.1(F) should remedy this problem. Storage/Parking of RVs and Other Trailers in Residential Zones – Currently the ZC does not allow storage of trailers/RVs/etc in a required front yard. Amending Section 3.12.2 Vehicle on Premises will extend the prohibition to include required side yard on street on corner lots. During the Public Hearing and subsequent discussion, several points were raised and questions asked, including: • Mr. Lynch of City Corp asked how the restrictions on storage of fill might affect City Corp's projects, which often involve temporary storage of fill at the job sites, but typically do not require building permits. Mr. Harris stated that he would make a short addition to the text to address such circumstances by either allowing a 60-day allowance for temporary storage, or by exempting public utility projects. • Mr. Boyd suggested the 10-yard threshold in Section 3.22.5 be raised to 16- yards to allow homeowners doing landscape projects to utilize a full dump truck load without being in violation.  • Mr. Perkins stated his view that the requirement for gravel underlay for sidewalks be removed, as it was never followed by contractors or by the City. He also asked that it be made explicit in the text that residential sidewalks were only required to be four feet wide, not five feet as in commercial areas. Mr. Patel moved to recommend Council approval of the amendments subject to Mr. Harris incorporating the suggested changes. Mr. Perkins seconded the motion, which passed 5-2 with Sims, Perkins, Patel, Smith and Chairman Boyd voting for and Standridge and Davenport voting against. The text of the proposed Zoning Code amendments - with changes directed by the Planning Commission incorporated - is as follows: PROPOSED AMENDMENTS TO ARTICLE III Existing text: 3.1 Accessory Buildings An accessory building may be built within a required rear yard when located at least 5 feet from the rear or side lot line and is not located within any easement or corner lot. On corner lots the side yard setback for corner lots shall apply. The accessory building shall not exceed, in total square footage, an amount representing more than 30 percent of the required rear yard, 40 percent of the heated and cooled area of the main structure or 800 square feet ground floor space, whichever is smaller. The accessory building shall be a minimum of 10 feet from any portion of the main building. The height of any accessory building shall not exceed two stories. 3.1.01 In any district, the Director of Public Works may authorize temporary structures, which are to be removed upon change of occupancy, deemed necessary to meet the spirit and intent of the Americans With Disabilities Act. Replace with: 3.1 Accessory Structures in Residential Zones – Accessory structures such as storage buildings, detached garages, pool houses, barns, workshops, etc., are permitted in residential zones, subject to: 3.1.1 General The primary structure must be substantially complete before a building permit can be issued for any accessory structure. 3.1.2 Dimensional Requirements 3.1.2(A) No portion of an accessory structure shall be closer to the front property line than the majority plane of the primary structure’s front façade. Accessory structures that do not have a front façade that substantially duplicates or complements visually the front facade of the primary structure (in regard to scale, materials, proportions, etc.) shall be placed behind the majority plane of the rear façade of the primary structure. 3.1.2(B) Accessory structures shall not exceed 18’ eave height, or 24’ total height. This section shall not apply to antennae or similar structures. 3.1.2(C) Accessory structures shall be at least 5’ from any rear or interior side lot line. For accessory structures with an eave height exceeding 10’, the required setback shall increase by six (6) inches for every additional foot, or portion of a foot, of increase in the eave height. 3.1.2(D) On corner lots, accessory structures shall comply with side yard on street setbacks. 3.1.2(E) Accessory structures shall be at least 10’ from any portion of any other structure. 3.1.2(F) Accessory structures shall not be located within any recorded easement. 3.1.2(G) When calculating floor area of an accessory structure, all floors shall be included. 3.1.2(H) The combined floor area of all accessory buildings on a lot shall not exceed 10% of lot area, 50% of the heated/cooled area of the primary structure, or 1,600sf, whichever is smallest. 3.1.3 Use 3.1.3(A) Accessory structures in residential zones are generally limited to personal use. The use of such structures for any business purpose is subject to prior review and approval by City staff and, in some cases, by the Planning Commission and/or City Council. 3.1.3(B) Temporary structures deemed necessary to comply with the intent of the Americans With Disabilities Act may be authorized with approval by both City Planner and Public Works Director. City Planner shall prepare a synopsis of circumstances considered in granting approval and place it in the Community Development Department address file for the subject property. Upon any change of occupancy or circumstance that nullifies original approval, the structure(s) shall be removed. 3.12.2 Vehicle on Premises 3.12.2(2) First Sentence Existing text: Not more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted and said trailer shall not exceed 30 feet in length or 8 feet in width; and further provided that said trailer shall not be parked or stored for more than one week unless it is located behind the front yard building line. Replace with: Not more than one camping/travel/boat/utility/hauling trailer shall be permitted on any parcel in residential use and said trailer shall not exceed thirty feet in length or eight feet in width; and further provided that said trailer shall not be parked or stored for more than one week unless it is behind the front yard building setback line and, on corner lots, behind the side yard on street setback line. Add the following Sections: 3.21 Sidewalks – Unless otherwise exempted, new construction or development of land in the City of Russellville shall require the provision of sidewalks as set forth in this section. 3.21.1 Applicability 3.21.1(A) Residential subdivisions that comply with the provisions of Land Subdivision and Development Code Section 9.1.I are exempted from this section. 3.21.1(B) Whenever any new residential structure is proposed and a sidewalk is present on any adjoining parcel facing the same public street as subject parcel, then provision of a connecting or continuing four-foot wide sidewalk shall be a condition of the building permit issued for the proposed structure. 3.21.1(C) New commercial uses/structures shall provide sidewalks along all public street frontages. 3.21.2 Standards 3.21.2(A) Sidewalks required as part of a commercial development site plan approval shall be not less than five feet in clear width. No obstruction (including, but not limited to, mail boxes, poles, signs, hydrants, benches, etc), shall reduce the actual functional clear width to less than five feet. 3.21.2(B) Sidewalks are to be constructed of concrete not less than four inches thick. 3.21.2(C) Ramps and blended transitions shall be provided as necessary to comply with the Americans with Disabilities Act. 3.21.2(D) Required sidewalks shall be constructed within the public right-of-way immediately adjacent to the ROW line whenever possible, with a vegetated strip between the back of the street curbing and the sidewalk. In cases where the builder/developer feels this is impractical, approval to vary from this guideline may be requested from the City Planner. In cases where right-of-way is insufficient for provision of the required public sidewalk, an easement shall be dedicated for its provision. 3.21.3 Payment in lieu of Construction 3.21.3(A) The property owner may request this option if there are unusual circumstances. 3.21.3(B) If, because of pending street or utility construction or other unusual factors, both the City Planner and Public Works Director believe it would be in the interest of the City, payment in lieu of construction shall be allowed in an amount to be determined by the Public Works Director. Add the following text: 3.22 Dumping or Storage of Fill 3.22.1 General No person shall place or dump fill or cause fill to be placed or dumped in the City of Russellville without approval from Public Works or Planning, as appropriate for the situation. 3.22.2 Definition of Fill In this section, ‘fill’ shall mean material consisting of soil, stone, turf, sod, concrete, asphalt or similar materials - singly or in combination - removed from one location and deposited or placed on another location, even if both locations are on the same property. 3.22.3 Adulterated Fill Fill adulterated with tires, scrap of any kind, wood or other materials not commonly considered suitable for fill shall constitute solid waste and shall be handled and disposed of in a manner consistent with applicable City of Russellville regulations. 3.22.4 Land Use Classification Storage of fill materials for later use shall constitute establishment of a land use classified by Article XIII Table of Permitted Uses as ‘Contractor Storage Yard’ and shall be subject to all Zoning Code or other regulations bearing on that use classification. 3.22.5 Exempted Activities This section shall not apply to: 3.22.5(1) Activities undertaken in conjunction with a valid building permit unless fill materials are moved offsite to another location within the City of Russellville. 3.22.5(2) Situations where the amount of fill is 16 cubic yards or less. 3.22.5(3) Public street, water, sewer or other infrastructure projects. PROPOSED AMENDMENTS TO ARTICLE IV OFF-STREET PARKING AND LOADING REQUIREMENTS Existing text: 4.1.2(4) Except for parcels devoted to single-family or duplex residences, all areas devoted to off-street parking shall be so designed and be of such size that no vehicle is required to back into a public street to obtain egress. Replace with: 4.1.2(4) All areas devoted to off-street parking shall be so designed and be of adequate size so that no vehicle is required to back into a public street to obtain egress. Exempted from this provision are single-family or duplex residences. This exemption applies only in cases where a parcel contains one detached single-family dwelling or a single duplex structure. PROPOSED AMENDMENTS TO ARTICLE XII AREA REQUIREMENTS Existing text: 12.1(F) Residential uses in the C-4 zone must comply with setback and area requirements of the R-3 District. Replace with: 12.1(F) Residential uses approved for sites located in any Commercial or Manufacturing zoning district shall comply with area requirements of the R-3 Medium/High Density Residential District. Meeting Adjourned. __________________ Chairman