HomeMy WebLinkAboutAgenda Statement 1988/03/22 Item 7COUNCIL AGENDA STATEMENT
• Item 7
Meeting Date 3/22/88
ITEM TITLE: Public Hearing: PCZ-88-H(M) - Consideration to rezone at 587
Moss Street from RU-29 residential to S-86 parking - Sundancer
Lounge, Inc.
Ordinance ~ ~ ~ Rezone the property at 587 Moss Street
from RU29 residential to S-86 parking with the "D" design
review designation SEGU~~1U ~-~~.tiL~1i`vG r`1wU tiL)~~' ilOiV
SUBMITTED BY: Director of Planning ~~~
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
The applicant, Sundancer Lounge, Inc., has purchased the property at 1011
Broadway and at 587 Moss Street for the purpose of reopening a cocktail lounge
which had been in operation for a number of years, but has been vacant since
March of 1986. The cocktail lounge, located at 1011 Broadway is zoned C-36, a
general commercial zone, while the property at 587 Moss Street, which is
contiguous to the rear of the cocktail lounge property, is zoned RU-?_9, a
multi-family residential zone. The lot at 587 Moss Street is paved to provide
parking for the cocktail lounge, and contains a dwelling unit that had been
• converted to storage. The applicant is requesting rezoning of the property at
587 Moss Street in order to provide adequate parking for the cocktail lounge
under current zoning standards.
An Initial Study, IS-88-4?_M of possible adverse environmental ir?pacts of the
project was conducted by the Environmental Review Coordinator on February 5,
1988, who concluded that there would be no significant environmental effects
and recommended that the Negative Declaration be adopted.
RECOMMENDATION:
1. On the basis of IS-88-42M and any comments received during the public
review of the I.S. and Negative Declaration, the City Council hereby
adopts Negative Declaration IS-88-42M as attached hereto.
2. Adopt a motion recommending that the City Council enact an ordinance to
change the zone currently in effect at 587 Moss Street from RU-29,
residential to S-86 parking, adding the Design Review special area
regulation designator regulating parking, landscaping, vehicular
circulation, fencing, and street improvements.
BOARDS/COMMISSIONS RECOMMENDATION: The Montgomery Planning Committee, at
their meeting of February 17, 1988, voted 5-0 with two members absent to
recommend approval of the rezone application with the design review special
area regulation designator outlined in the staff recommendation.
• The Planning Commission at their meeting of February 24, 1988, voted 6-0 with
one member abstaining to recommend approval of the rezone application with the
"D" design review designation.
Page 2, Item 7
• Meeting Date 3/22/88
DISCUSSION:
Adjacent zoning and land use.
North C-T-P commercial center, apartments
South C-36, RU-29 cocktail lounge, apartments
East RU-29 duplex, apartments
West C-36 auto sales/repair, cocktail lounge
Existin4 site characteristics.
The proposed rezone area is a paved, level, rectangular lot of 8,300 square
feet which contains one dwelling surrounded by a six foot wood fence. A
duplex is located on the east side of the lot, approximately six feet from the
property line. A car sales and repair facility is located west of the
property and is separated from the rezone area by a six foot chain link
fence. The lot connects with the cocktail lounge located at 1011 Broadway
along the rear portion of the western property boundary.
General plan.
The Montgomery Specific Plan, adopted by the City Council on January 12, 1988,
designates this property as High Density Residential. The S-86 zone is a
• parking zone which, in the opinion of staff, conforms to the High Density
Residential Land Use designation when applied to areas located along the
boundary of two potentially conflicting land uses.
Analysis
At the Council meeting of December 2, 1987, an appeal of a denial of a dance
permit was considered to operate a cocktail lounge with dancing at 1011
Broadway. At their meeting of December 4, Council granted the appeal
presented by Mr. Tom Horning, subject to the Planning Director's determination
that the premises as existing or perhaps modified by the new owner, met all
the required parking and other requirements of the zoning ordinance.
Upon reviewing a site plan submitted by Mr. Horning, it was determined that
the parking to be provided for the lounge did not meet current zoning
requirements and design standards. Landscaping proposed for the parking lot
does not meet the standards outlined in the City Landscape manual; a landscape
plan for the site should be prepared which provides a deeper buffer between
the parking lot and adjacent residential uses, some of which are only 6 feet
from the property line. The site plan lacks provision for a trash enclosure
and parking should be redesigned for better vehicular circulation.
Based on a gross floor area of approximately 4,000 square feet, the ordinance
requires 12 spaces per thousand square feet of building for a total of 48
standard spaces.
• The plot plan indicated 49 spaces available, however, the 8,300 square foot
parcel containing 18 of those spaces is located within an RU-29 residential
zone. Parking for commercial uses is not permitted within residential zones
Page 3, Item 7
• Meeting DatP~3/22%88
and there is no record of a permit, variance or other authorization for
parking uses on file either with the City or the County. The parcel had
originally contained a duplex and is assigned an address separate from that of
the cocktail lounge (587 Moss Street). Before the cocktail lounge could be
fully reutilized, a rezone from RU-29 to S-86 would need to be approved for
the parcel at 587 Moss Street.
The S-86 zone is a parking zone which permits parking for uses adjacent to the
site on contiguous lots (see Exhibit A). Commercial activities cannot be
conducted on the lot without amending the Montgomery Specific Plan to a
commercial land use designation for this parcel. The S-86 zone conforms with
the High Density Residential land use designation since it occurs at a
boundary between two potentially conflicting zones and can assure a physical
separation between existing apartments and commercial establishments.
Staff has reviewed the rezone application and recommends that the rezone be
approved with appropriate provisions for administrative site plan review to
insure that City standards for parking configuration, access, landscaping and
adequate separation from adjacent residential uses are met. This can be
provided by applying a design review designation to the development
regulations for the S-86 zone.
The zoning ordinance for Montgomery is structured so that each zone contains
development designators that specify the nature of development regulations to
• be employed for uses permitted by the zone. Special area regulations can also
be included in the development regulations which insure that consideration is
provided to areas of special interest. The development designators and
special area regulations are symbolized by letters and arranged within a "zone
box." The development regulations recommended by staff are summarized in the
table below.
Designator Symbol Explanation
Use Regulations S-86 Parking zone
Neighborhood Regulations Q Animal regulations
ensity of app ica e
Lot Size Not applicable
-
~uiT-ding Type ings aT of we3
Ao-build
other than accessory or
or secondary structures
Maximum Floor Area Not a licable
F oor Area Ratio Not a licable
wig t A st~ feet maximum
overage Not applicable
Setback 0 Front setback - 50 feet
from centerline
Side setback - 0-5 feet
Rear setback - 15 feet
pen pace Not app ica e
Special Area Regs. D Site plan approval
• required; parking,
landscape, fencing,
circulation, street
improvements
1
• Page 4, ItemT7_
Meeting Datc~2_~gg
The "D" designator recommended by staff under special area regulations would
require site plan approval prior to use of the parcel. The ordinance applying
the S-86 zone with the "D" designator would contain a statement that adequate
buffers shall be provided between commercial and residential uses, through
site plan review to evaluate parking, landscaping, fencing, any proposed
accessory buildings, vehicular circulation and street improvements. Site plan
review can be accomplished at staff level by the Planning Director with an
appeal process through the Montgomery Planning Committee, Planning Commission,
and Council, if necessary.
In summary, staff is of the opinion that rezoning to an S-86 parking zone
could serve to provide required parking in order to allow continued operation
of the cocktail lounge without perpetuating the potential for disturbing
residences located in close proximity to the lot. The requirement for
approval of a site plan provided by the "D" design review designator would
insure that sufficient buffering and separation of uses takes place.
FISCAL IMPACT: None.
WPC 4863P
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