TO: Chair and Planning Commission
FROM: Eva Cutro, Community Development Director
Paul Michaud, Senior Planner
DATE: April 17, 2018
CONTACT:
Staff Contact
Paul Michaud, 480-348-3574
End
AGENDA TITLE:
Title
Discussion of a Minor Amendment to the Montessori Academy Special Use Permit to allow for storage at 6050 N Invergordon Road
Request
REQUEST
Julianne Newman on behalf of Montessori Academy Inc., is requesting a Minor Special Use Permit amendment for Montessori Academy located at 6050 N Invergordon Road (Assessor Parcel 169-39-007) to construct an approximate 500 square-foot addition to an existing 600 square-foot storage structure located at the southwest corner of the school property, approve the existing approximate 200 square-foot west addition of this storage structure not previously approved, and include the removal of two nonconforming shipping containers used for storage of school equipment after construction of the storage structure addition. The subject storage structure would maintain a maximum height of approximately 12 feet; and maintain the approximate setbacks of 30 feet to the west property line and 20 feet to the south property line.
Background
BACKGROUND
Planning Commission Discussion:
The Planning Commission discussed this request at the February 6, 2018 work session. The Planning Commission directed the applicant to come up with a timeframe for removal of the two shipping containers and to apply for a site-built storage building. The Planning Commission expressed general support of the existing Special Use Permit setback of 40 feet to the west property line and a setback of 20 feet to the south property line to match the existing structures. Specific plans were not required, but the applicant was asked to come back with setback, height, and square footage of the proposed building.
The applicant proposes a 500 square-foot addition to the east elevation of the existing pitched-roof storage structure, a request to keep the 200 square-foot flat-roof addition on the west side of this storage structure, and to allow the applicant until June 2018 or 12 months to remove the two shipping containers. June 2018 to remove the shipping containers may be a tight schedule with the need to prepare plans, apply for a building permit, and to build the storage addition.
History:
The Montessori Academy site was annexed into the Town in 1961. In 1972/1973, the site was granted Special Use Permit approval for a private elementary school called the “Camelback Desert School.” Although not clear in the file records, use of the property as a school appears to date back to the 1950s. The site is a long narrow 4-acre site with street frontage along the narrow side of Invergordon Road. The attached document called “Special Use Permit History” summarizes the past Special Use Permit amendments and stipulations.
General Plan/Zoning:
The subject property has a General Plan designation of “Public/Quasi Public” according to the Town’s General Plan Land Use Map. The zoning on the subject property is “Special Use Permit -Private School, Non-Profit Organization, Public/Quasi Public” for a private school. Proposed storage for school property is in conformance with this designation and zoning.
Special Use Permit (SUP):
The last approved site plan for the southeast corner of the school site was in 1996. This 1996 site plan has a 400 square-foot storage structure that is setback 40 feet from the west property line and a 26-foot setback from the south property line. Also, the 1996 site plan shows a 180 square-foot tuff shed just east of the 400 square-foot storage structure. A review of various aerials over time show various structures placed both west and east of the 400 square-foot storage structure. Presently, there is the 400 square-foot storage structure shown on the 1996 site plan, an approximate 200 square-foot addition on the west elevation of that structure built circa the late 1990s, and two shipping containers west of these afore-mentioned structures placed on the site about 2015. Available building permit records do not include any permits for a shed after 1973. The existing storage addition on the west elevation is at a height of 8 feet. The height of the proposed and original-approved storage structure is 12 feet to the top of the pitched roof.
Enforcement:
On November 13, 2017, the Town received a complaint that the school has two shipping containers near the property line to the adjoining residential lot at 6019 N 62nd Place. There are generally oleanders along the shared property lines of the entire school site and the site adjoins R-43-zoned lots. lot.
As the school site is zoned Special Use Permit for a private school, installation of structures require approval by the Town. Upon review of the Special Use Permit for this site, the last major Special Use Permit amendment was in 1996, with a few minor managerial amendments and a minor amendment to the property since that date. No shipping containers were approved as part of the 1996 site plan or subsequent amendments.
Pursuant to Section 1102.3.C.5.f of the Special Uses and Additional Use Regulations, the terms and conditions of the Special Use Permit shall be complied with as a condition to the establishment of any use on the site. Furthermore, Section 1105, Violations of Special Use Permits, states a violation of any requirement that governs the uses, structures and activities permitted through the Special Use Permit constitute a violation. The circumstance that the approved Special Use Permit did not include the two shipping containers results in a violation of the Special Use Permit for the subject site. As such, the owner of the school is seeking the amendment to its Special Use Permit zoning as described in this report.
Body
DISCUSSION/FACTS
Compliance with Special Use Permit (SUP), SUP Guidelines and Other Standards
Use of Accessory Structures
The school’s approved SUP has several detached accessory structures. Also, the SUP Guidelines for private schools identify the ability to have other structures in addition to the principal structure.
Accessory Structure Type
The construction type and finish of structures are not specially addressed in the school’s SUP or in the SUP Guidelines for a private school. Section 1101, General Purpose; Applicability, of the SUP regulations state the purpose of a SUP is to implement the Town’s General Plan. The Town’s General Plan includes three policies that reference quality design and compatibility to adjoining uses as follows:
Policy LU 2.1.1.6, High Quality Design
The Town will maintain a comprehensive and up-to-date set of ordinances and codes to ensure that development is consistent with this General Plan while resulting in high quality, sensitively designed projects.
Policy LU 2.1.2.3, Compatibility of Adjoining Uses
The Town shall ensure that development within Special Use Permit properties is compatible with adjacent land uses, particularly residential uses, by requiring such features as:
• Increased building setbacks from rear or side yard property lines adjoining single-family residential uses;
• Building heights stepped back from sensitive adjoining uses to maintain appropriate transitions in scale and to protect privacy;
• Landscaped off-street parking areas, loading areas, and service areas screened from adjacent residential areas, to the degree feasible;
• Lighting shielded to minimize impacts on adjacent residential uses and protect dark skies; and
• Operational restrictions to limit the adverse impact of noise, light, and traffic and minimize the risk of crime to adjacent residences.
Policy LU 2.1.2.5, Building Design and Site Planning
The Town shall encourage context-appropriate and responsive building design and site planning on Special Use Permit properties that mitigates the scale of larger buildings through careful use of building massing, setbacks, facade articulation, fenestration, varied parapets and roof planes, and pedestrian-scaled architectural details.
Height and Setback
The Special Use Permit regulations of Article XI, Special Uses and Additional Use Regulations, do not specifically provide height or setbacks for structures. Specific structures, and height and setback of structures are approved as part of the Special Use Permit amendment process. The Town does include Special Use Permit Guidelines for private schools that provide suggested setbacks of 60 feet for structures adjoining a residential lot, with R-43 zoned residential lots requiring minimum 20-foot rear and side yard setbacks. The SUP Guideline for private schools on height for non-principal structures is 24 feet. Typical accessory structure height on an R-43 residential lot is 16 feet. The existing and proposed addition to the storage structure meet R-43 height and setback.
Lot Coverage
The SUP Guidelines suggest a maximum lot coverage of 25-percent. The lot coverage on the school site is approximately 19,000 square feet or 19,500 square feet with the additional storage additions. This results in a lot coverage approximately 11.3-percent.
Lighting
There is no exterior lighting indicated with the application. The building code will require lights at exterior doorways.
Landscaping
There is no proposed landscaping indicated with the application.
Minor Amendment Criteria Conformance
Planning Commission will need to take two actions related to this application request at a future meeting. First, the application request must be deemed a minor amendment pursuant to the four criteria in Section 1102.7.B of the Town Zoning Ordinance. Second, the Planning Commission must take action on the application with any relevant stipulations. This request meets the four minor amendment criteria as follows:
1. Change or add any uses.
There is no change in allowable use or addition of a new use. The school site can have accessory structures for storage of school-related material.
2. Increase the floor area of the project by more than 5000 square feet or constitute an increase of more than 15% upon the existing or, if still under construction, approved floor area square footage of the affected SUP property, whichever is less, with any such increase to be measured cumulatively over a sixty-month period.
The increase in floor area is under the allowable criteria. The total proposed additional square footage is approximately 520 square feet. This number is the additional 500 square-foot storage addition plus the 200 square-foot existing addition not previously approved, minus the allowable 180 square-foot tuff shed in that location that was removed several years back. The total existing allowable floor area is approximately 115,000 square feet. As such, the lessor allowable floor area to keep the request as a minor amendment is 5,000 square feet. The only new square footage in the past 60 months was a 400 square-foot shade structure. 920 new square feet of floor area is less than the allowable 5,000 square feet.
3. Have any material effect on the adjoining property owners that is visible, audible, or otherwise perceptible from adjacent properties that cannot be sufficiently mitigated.
The proposed 8-foot tall block wall and new landscaping being installed on the neighboring property to the west will mitigate the visibility of the existing storage structure. The adjoining lot owner has already reinstalled a replacement 6-foot tall chain link fence and planted a hedge row of honeysuckle. Approval of this amendment will require removal of the shipping containers presently setback approximately 10 feet from the west property line. The existing storage structure is setback approximately 30 feet from the west property line, with the height at 8 feet for the portion within the 40-foot setback. This 8-foot height is the same allowable height as a wall adjoining a Special Use Permit property. As noted previously, the SUP guidelines for schools do not specifically address height or setback for accessory structures. However, the existing storage structure with proposed addition fully complies with the typical R-43 residential standards for accessory structures of 20 feet to the side and rear yard, and a maximum height of 16 feet. The adjoining lots to the subject site are R-43. The location of the new addition is on the east elevation of the existing storage structure which will be hidden from view to the adjoining residential lot by a 6-foot tall perimeter block wall and approximate 12-foot tall oleander hedge.
4. Change the architectural style.
The proposed addition will be site-built and architecturally generally match the existing block/wood storage structure. The other existing approved buildings on the school property are a mix of block and wood-frame construction.
Public Comment & Noticing
Mailing notification will be done in advance of the scheduled hearing to all property owners within a radius of 1,500 feet, along with a newspaper advertisement and property posting. The tentative meeting to take action by the Planning Commission is May 15, 2018.
Discusison POINTS
Below are some possible points of discussion for the upcoming study session:
§ Discuss whether to allow the west 200 square-foot addition that was built circa the late 1990s. This addition is setback 30 feet from the rear west property line.
§ Discuss the temporary use of the wire from the shipping containers to the ball field fencing. The school adds a net to part of this wire during the time period certain ball activities are played to avoid balls leaving the property. The chain link ball field fencing was previously approved. An extension of this fencing or a more permanent temporary solution might be warranted.
§ Identify additional submittal items that may be needed to evaluate the request.
§ Discuss possible stipulations. The mass, height, and setbacks of the storage structure will be a stipulation per the plans provided. Other possible stipulations may include compliance to exterior Town lighting standards, addressing the temporary screening at the ball field, and the timing for the removal of the shipping containers.
ATTACHMENTS
1. Vicinity Map/Aerial/General Plan/Zoning
2. Application/Narrative
3. SUP History
4. Photos
5. Related Material
C: - Applicant
- Case File