HomeMy WebLinkAbout#3 SUP - First Floor Residential
To: Planning Commission
From: Justin Fortney, City Planner
Date: July 22, 2019
Item: SUP – 2019-17 - First Floor Residential – 213 Sibley Street
Planning Commission Action Requested: The Planning Commission is asked to hold a
public hearing and review a Special Use Permit to operate a second residential dwelling on
the first level of building zoned C-3 by Alan Blankenship of Jupiter Peak Lodging LLC.
Background Information
In the C-3 commercial zoning district, you may have residential dwellings above the first
floor by right. The zoning code also allows them on the first floor with a SUP (special use
permit), provided the dwelling is accessory to a commercial use, less than 50% of the first
level floor area, and is located in the rear of the building with a separate outside entrance.
The applicant is proposing a second apartment in the Riviera Office Center (312 Sibley
Street- former theatre). The fist apartment was approved with a SUP in 2016 in the very
back of the building. It appears that the proposed unit is beyond the halfway portion of the
building, but not located in the very back.
Special Use Permit Review
Residential dwellings on the upper floors in a commercial district strengthen the viability of
a commercial district. Allowing residential to completely take over the commercial spaces
on the first levels may lead to the deterioration of a commercial district. Downtowns thrive
because they are a center of commercial activity. Generally, having some residential
dwellings in a small rear portion of a building may not negatively affect the district.
Reasonable conditions may be added to a special use permit to ensure compatibility with
surrounding land uses and address project concerns.
The existing and proposed dwelling unit is a small portion of the first floor area and appears
to be located in the back half, although not in the very back of the building. It is proposed
to access the main hallway of office suites rather than a separate entrance. In 2016, the
Planning Commission had reservations about approving the apartment due to this issue.
Planning Commission Memorandum
The Commission recommended approval of the proposal due the unit being located in the
very back of the building near the rear exit. They also found that the hallway is currently
accessible to the second floor residents for ingress and egress, so there was already some
residential traffic on the first floor. The existing office suites are individually locked from
the main hallway.
This building does not have off-street parking. It is exempt from parking standards as long
as it does not increase is official parking demand because it is located in the downtown.
The parking requirements for an apartment unit and a small office space are essentially the
same.
Comprehensive Plan Classification
The use conforms to the 2030 Comprehensive Plan. The subject property is classified Mixed
Use.
Notification
Notification of the request was published and mailed to property owners within 350 feet.
Staff has not yet received any comments.
RECOMMENDED ACTION
An approval of the Special Use Permit should be subject to the following conditions:
1) One residential dwelling unit in conformance with the Planning Commission Staff
Report and plans dated July 22, 2019.
2) Obtain all applicable building permits required by the Building Safety Department
along with fire alarm and safety requirements.
3) Subsequent rental licensure and inspections.
4) Approval is subject to a one year Sunset Clause; if significant progress is not made
towards the proposal within one year of City Council approval, the approval is null
and void.
5) If the use authorized is discontinued for a period of three years or longer, the permit
shall be null and void.
ATTACHMENTS
• Aerial Map
• Proposed Floor Plans
• Photographs
Current proposal
2016 approved unit
Hall-
Way
Existing dwelling units up the stairs. Existing secured office suites off of the mail hallway.
Proposed unit in the back of mail hallway (see floorplan)