MEETING DATE: Tuesday May 29, 2018 MEETING TIME: 6:00 PM MEETING LOCATION: City Council Chambers, 448 E. First Street, Suite 190, Salida, CO

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1 MEETING DATE: Tuesday May 29, 2018 MEETING TIME: 6:00 PM MEETING LOCATION: City Council Chambers, 448 E. First Street, Suite 190, Salida, CO Present: Mandelkorn, Follet, Denning, Thomas, Farrell, Bomer, Judd, Van Nimwegen, Jefferson, Franklin Absent: AGENDA SECTION: I. CALL TO ORDER BY - Mandelkorn: - 6:00 PM II. III. ROLL CALL: APPROVAL OF THE MINUTES April 23, Bomer made a motion to approve the minutes as written. The motion was seconded by Denning. All voters were unanimous and the motion carried. IV. UNSCHEDULED CITIZENS None V. AMENDMENTS TO AGENDA- None VI. UPDATES: None VII. PUBLIC HEARINGS 1. Limited Impact Review- McDonald Multiple Principal Structures - The request is to receive limited impact review approval to construct a second primary structure within the medium density residential (R-2) zone district at the property located at 1128 H Street. A. Open Public Hearing 6:03 PM C. Staff Review of Application Jefferson gave an overview of the application and made a request to the commission that they make a recommendation for the height of the building, as this is a concern for the neighbors. Staff supports the application and recommends approval with 3 conditions. 1. That at the time of building permit application submission for the second principal structure a fee in lieu of sidewalks shall be paid. Based on the 2017 bid unit prices the fee in lieu is $40.00 per linear foot, per Public Works Director, David Lady. 2. That a maximum height of the proposed structure be reduced to fit within the mass and scale of the surrounding neighborhood. 3. That this Limited Impact approval expires in three (3) years from the date of its approval if a building permit for the second principal structure has not been issued and acted upon. D. Applicant s Presentation The applicant is Bonnie McDonald, 929 Dodge Street, Salida, CO She mentioned that there are ten new units within her one block on H Street, she would like to design this property for seniors, with larger doors and Page 1 of 6

2 showers. She proposed that they can lower the height to 28 and that the second floor will be used mostly for storage. Denning asked about the height and setbacks, McDonald stated they will work with the neighbors and try to accommodate their needs. Judd asked if this will be a business or if it is a rental for one family. Bomer inquired about the foot print, approximately 1020 with a patio, stated McDonald. Follet asked if the house would be slab on grade or if it would have a crawl space. Judd questioned if the applicant will be providing more parking with the proposed dwelling. E. Public Input Citizens that spoke against the project Debbie Wilcox, Kenneth Shake, Sarah Gates, and Janine Frazee. The main concerns are height, privacy, number of people living on the property, parking, quality of renters, changing the landscaping, and taps/utilities. F. Close Public Hearing 6:16 PM G. Commission Discussion Thomas finds that this project fits well within the area and made mention of the new properties that surround it on smaller lots. He appreciates the openness of the applicant to make changes and protect the neighbors privacy. Bomer and Denning would like for the applicant to return with drawings that include elevations. Judd asked how many taps the applicant will need to purchase, Jefferson stated that both primary structures will need separate taps, with the ADU currently on the existing tap. Judd voiced concern that the neighbors are not the designers, Mandelkorn agreed that we need to stay within the code. Follet would like to address the parking and possibly ask the applicant to adjust the setbacks. Denning asked about current parking, Jefferson stated the applicant currently meets the requirement for the two units on the property. Commission Action A motion was made by Judd to accept the limited impact review to construct a second primary structure on the property located at 1128 H Street application with the recommended three conditions. Farrell seconded the motion. Thomas, Farrell, Judd, Follet, and Mandelkorn were in favor, and the motion carried; Denning and Bomer opposed. 2. Limited Impact Review - Cocovinis Minor Subdivision - The request is for approval to subdivide the parcel known as 325 G Street, into two (2) lots in the Central Business (C-2) zone district. A. Open Public Hearing 6:30 PM B. Proof of Publication - Yes C. Staff Review of Application Jefferson gave an overview of the application and stated that staff supported the application and recommends approval with 3 conditions. 1. That the City Administrator signature block be removed prior to printing the mylars. 2. That the utilities serving Lot 1 be relocated prior to recording the subdivision plat. 3. That number 5 under General Notes be amended with the correct Land Use Code section (8). D. Applicant s Presentation The applicants are Dwight & Suzanne Cocovinis, 325 G Street Salida, CO They would like to use the full lot and increase the Page 2 of 6

3 residential use for this site within the C-2 zone. They are planning a two story house max height of 26, with all utilities located off G Street. Mandelkorn asked about the garage currently being constructed. E. Public Input None F. Close Public Hearing 6:39 PM G. Commission Discussion All commission agreed the open space (8) Commission Action A motion was made by Bomer to accept the limited impact review application with the correction of Land Use Code (8) along with the recommended three conditions. Follet seconded the motion. All were in favor and the motion carried. 3. Limited Impact Review - East Riverside Park Minor Subdivision- The request is for approval to subdivide two parcels of land into five (5) lots located at 207 North D Street and 314 E. Sackett Avenue. A. Open Public Hearing 6:44 PM C. Staff Review of Application Jefferson gave an overview of the application mentioning any further subdivision after five lots is considered a major subdivision. She also stated that Mr. Kimmett met his open space requirements with an easement allowing the river trail. Staff supported the application and recommends approval with the following 5 conditions. 1. That the City Administrator signature block be removed. 2. Number 5 under General Notes be removed. 3. The sheds located on Lots 2 and 3 must be removed. 4. That the requirement of Excel Energy and Atmos Energy be met. 5. That a plat note be added meeting Land Use Code Section (11); No residential façade elevation shall be repeated more than once every five (5) lots on the same side of the street. The first and fifth lots in a row may contain the same façade elevation, but the second, third, and fourth lots must contain some different façade elevations. D. Applicant s Presentation The applicant is Michael Kimmett, 207 North D Street, Salida, CO He would like to sell lots 3-5 and keep lot 1 and 2. He will be removing the building on lot 3 and the building between lot 2 and 3 will be will meet the side setbacks for lot 3. He asked for help with the maintenance of rocks and the removal of trees. Mandelkorn asked the applicant about the location of the utilities and the need to have them extend to all lots. Thomas stated that the approval for the subdivision does not include public works agreeing to help with his project along the bank of his property, as they are not at the meeting. E. Public Input - None F. Close Public Hearing 6:51 PM Page 3 of 6

4 G. Commission Discussion Judd questioned that the burden of a major impact that is placed on the buyer and not the seller if the purchaser decides to further subdivide creating condos or townhouses. Mandelkorn asked if this should be put on the plat as a plat note, Van Nimwegen said it currently is not in our code, but we are in discussion to modify the code language regarding subdivisions. Jefferson stated that the buildings will need to be removed in order to create conforming lots prior to the plat being recorded. Follet inquired about the utilities, it was confirmed by Jefferson that the utilities will come off of Sackett. Thomas agreed saying he ran electric and gas to this property when rehabilitating the property to the East. Commission Action A motion was made by Bomer to accept the limited impact review application with the recommended five conditions. Thomas seconded the motion. All were in favor and the motion carried. 4. Conditional Use - Downtown Street Patio- The applicant is requesting conditional use approval for a downtown street patio to be placed in F Street adjacent to Here s the Scoop ice cream shop located between 215 and 219 F Street. The conditional use must be consistent with Section (r) of the Salida Municipal Code. A. Open Public Hearing 6:54 PM C. Staff Review of Application Van Nimwegen gave an overview of the application, staff recommends the conditional use for the downtown street patio to be located in front of Here s the Scoop at 215 F Street be approved subject to the 7 conditions. Van Nimwegen read through the standards adopted by Planning Commission, and remarked on how Leavitt has complied with the standards to the best of his ability. 1. It shall be the responsibility of the business owner to remove snow from the street on all sides of the patio that cannot be reached by city snow plows, within 24 hours of a storm event. 2. The patio may be 9 feet by 22 feet, with one foot of the length up on curb and sidewalk. The location of the patio must allow access to the existing water meter and curb shut-off. 3. Installation of the patio must be approved by staff. 4. There shall be no other street furniture or signage allowed within the sidewalk in front of Here s the Scoop. 5. The applicant shall designate a parking space behind the building as limited for the use of the employees and customers of Here s the Scoop. Signage shall be provided that describes the limitation. 6. The conditional use is approved for one year from the date of approval. After review by the Planning Commission, the conditional use permit may be renewed for longer intervals. 7. Approval of a revocable license agreement is required prior to installation of the patio. Regarding condition #7, the City Council will be reviewing the form and lease rate for our revocable license agreement on June 5, Therefore we should have the agreement ready for execution after that date. Page 4 of 6

5 D. Applicant s Presentation The applicant is Richard Leavitt, 1111 I Street, Salida, CO He contracted to have the patio measured, kid proofed, and engineered. He is hoping to get more foot traffic down to South end of F Street. He is also proposing shade sails, will keep the snow shoveled, and provided three off-site parking spaces. E. Public Input Michelle Riggio, 233 F Street has concerns about parking F. Close Public Hearing 7:47 PM G. Commission Discussion Commissioners asked if the patio lines up to the patio lines up to the curb. Mandelkorn was concerned with the size, the applicant stated the width is smaller. Thomas asked if this was a use by right, Van Nimwegen replied yes, but this process allows the commission to review and add conditions. Bomer and Denning are concerned about the size of 22. Mandelkorn reminded commission that the applicant built the patio originally with the required specs, given to him by prior staff members. Commission Action A motion was made by Denning to accept the Conditional Use application for the downtown street patio to be located at 215 F Street, Here s the Scoop as submitted, subject to the following 7 conditions that are listed with an amendment to item number two that this approval is for the current business and application. Follet seconded the motion. All were in favor and the motion carried. 5. Amendment to Chapter 16, Land Use Code- The proposed request is for the following amendment to the Land Use Code; The addition of new Article XIII - Inclusionary Housing to require standards for the provision of affordable housing in areas that are proposed for annexation, planned development overlay or subdivision A. Open Public Hearing 8:03 PM C. Staff Review of Amendment Van Nimwegen, stated that council directed staff to prepare amendments to the Land Use and Development Code to ensure the request for affordable housing be part of future annexations and planned developments. Staff has been working with the City Attorney to prepare the amendments. We have included the provision that future major subdivisions and condominium plats of five units or more be included in the requirements. They are asking for an increase from 12% to 12.5%. D. Applicant s Presentation None E. Public Input None F. Close Public Hearing 8:22 PM G. Commission Discussion Denning asked how they would figure the fees and where would the fees be applied, Van Nimwegen believes they can go towards a dedicated affordable housing fund that we would use to purchase land, pay utility charges, or something to help build affordable housing. Judd asked if there is a dollar Page 5 of 6

6 value, and believes it should be set, rather than negotiated. Van Nimwegen briefly explained how Boulder uses their affordable fee housing schedule. Commission agreed this needs further discussion and that they would like for the affordable projects to be created at the same time as the developments, thus keeping affordable units physically within all developments. Thomas made a suggestion to place a fee for commercial and residential per square foot on the permits. Van Nimwegen suggested having an indepth Nexus study for the impact of various structures before setting a fee. Mandelkorn would like more time to discuss this, commission agreed to extend this to the work session on June 12, Commission Action Bomer made a motion to continue the public hearing to the next regular meeting on June 25, Denning seconded the motion. All were in favor and the motion carried. 6. Amendment to Chapter 16, Land Use Code- The proposed request is for an amendment to the Land Use Code; Section Types of Subdivisions to amend the process for further subdivision of minor subdivisions (five or fewer lots). A. Open Public Hearing 8:26 PM C. Staff Review of Application None; Mandelkorn made the suggestion to continue the public hearing to the next regular meeting on June 25, D. Applicant s Presentation None E. Public Input- None F. Close Public Hearing 8:28 PM G. Commission Discussion None Commission Action Bomer made a motion to continue the public hearing to the next regular meeting on June 25, Follet seconded the motion. All were in favor and the motion carried. VIII. IX. UNFINSHED BUSINESS None NEW BUSINESS None X. COMMISSIONER S COMMENTS- None XI. ADJOURN: With no further business to come before the Commission, the meeting adjourned at 8:38 PM. Page 6 of 6