City of Auburn Planning Commission PC Case # PL-2010-00152 Poucher House Conditional Use Permit

Review Date: Property Owner(s): Owners Address: March 1, 2010 Mary Louise Poucher Padgett 342 North College Street Auburn, AL 36830

Authorized Representative/ Applicant: Request:

Barry Bailey Recommendation to City Council for conditional use approval for a performance residential use, (multiple family development) in the Redevelopment District (RDD). The Auburn Zoning Code (Section 803.02.B) requires that A public hearing shall be held by the Planning Commission after adjoining property owners have been notified of the public hearing by certified mail and signs announcing the public hearing have been erected on the property in question. Adjoining property owners have been mailed notices regarding the public hearing. The Zoning Code (Section 803.02.E) states further: Following a public hearing the City Council shall either approve, or disapprove, the application and shall establish the specific conditions under which the application is approved.

Location:

342 North College Street, east side of North College Street, north of the Bragg Avenue intersection. Carl Morgan, AICP, Assistant Planning Director Approval Redevelopment District (RDD)

Reviewed by: Recommendation: Current Zoning:

PL-2010-00152 Poucher House Conditional Use Permit Page 2 of 8 Surrounding Zoning: North: Redevelopment District (RDD) Cary Castle LLC property South: Redevelopment District (RDD) Julian Jenkins property (Cedar Cachet multiple family property) and St. Michaels Catholic Student Center East: Redevelopment District (RDD) Dyas Property (BB&T Bank) West: Redevelopment District (RDD) Narang property (Tiger Food Mart & Laundry)

Adjoining Property Owners Notified: Site Visit:

Five (5) February 16, 2010

Property Description: The subject property is a longstanding lot of record in the original incorporated area of Auburn. The site lies in the North College Historic District and is surrounded by various uses including multifamily residential, a bank, an institutional use, and commercial across the street. The property has an existing historic home that records indicate was built about 1850. By the early 1930s, a lean-to addition was constructed on the back with a rear porch that, most likely in the 1940s, was converted into two apartments with separate entrances that were not internally connected to the rest of the house. Additionally, there is an accessory structure to the rear of the property that has an additional dwelling unit. While this property has a well-established history of being a multi-family property, the most recent use of the property was as a single family property. The applicant is in the process of selling the property to the authorized representative on this application. The new owner would like to re-establish the former multi-family use. Previous Action Related to this Site: February 2, 1839 October 1978 Incorporation of Auburn Registration of the Old Main and Church Street Architectural Historic District on the National Register of Historic Places. 342 North College Street was identified as the Hardin-Poucher House (c.1850, one story Greek Revival house with four square columns on the main (west) portico and a hip roof) and a contributing resource on the inventory of historic structures in the district. The home was most likely constructed by James Kidd who is believed to have built the Cary-Pick House at 360 North College. The property received the Redevelopment District zoning classification City Council ordinance 2377 that created the North College Historic District. 342 North College was identified as Resource 17, a contributing resource on the inventory of historic structures in the district.

November 20, 1984 March 21, 2006

PL-2010-00152 Poucher House Conditional Use Permit Page 3 of 8 Greenway/Greenspace Impact: No features or resources are identified with respect to this property, so there appears to be no impact. Land Use Plan Designation: The Future Land Use Map identifies the subject property with a low density residential land use classification. Surrounding properties are shown on the land use map with classifications of commercial and office. While the proposed use is inconsistent with the future land use map, the proposed use does create a smoother transition from commercial and office to low density residential future land use classifications to the north. Conditional Use Purpose and Standards In addition to considering standard, public health, safety and welfare issues, Section 803 of the Auburn Zoning Code requires that consideration of conditional uses include a review of location, design, configuration and impact to determine whether the proposed use would have a detrimental impact on neighboring properties. A conditional use review focuses on the proposed use generally as it relates to other properties. While a detailed site plan review is usually done administratively prior to issuance of a zoning certificate, the Commissions review of a conditional use application requires taking a look at site plan issues as well. Through analyzing the site, the Commission will determine if there are restrictions or conditions that are necessary for a proposed use to effectively co-exist among neighboring uses. These conditions may be in addition to requirements in the zoning ordinance that are intended to mitigate negative impacts that the site may have. Section 803.04 of the Auburn Zoning Code regarding General Use Standards for Conditional Uses requires that: A. The proposed use shall be in harmony with the general purpose, goals, objectives, and standards of this Ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City. See previous section for comments regarding the Land Use Plan designation and Greenway and Greenspace Master Plan (GGMP). The intent language for the RDD Zone (Section 304.07) states that this zone is intended to: Promote the renewal of transitional areas of the city that have undergone extensive changes in land use type and density/intensity. Address haphazard transitions from low density residential to higher density residential and to more intense commercial, office and institutional uses Permit development of an urban character Provide for intermediate residential densities and necessary commercial and institutional uses Target areas where a combination of public investment in capital improvements and public/private actions to renew and redevelop will stabilize transitional neighborhoods, thereby reducing the cost of growth in Auburn. Improve the character, stability and vitality of the zoning district

PL-2010-00152 Poucher House Conditional Use Permit Page 4 of 8 Allow many and varied uses with emphasis on buffering and minimizing nuisances between properties.

The District also accommodates up to five unrelated individuals to live together. This use appears to be consistent with the intent language of the RDD zone. The proposal involves returning a multi-family use to a property that is located between two multi-family properties and is adjacent to commercial and institutional uses. This maintains a logical and consistent transition from adjacent commercial and institutional uses to low density residential uses that are common further north up the College Street corridor. B. The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare; either as they now exist or as they may in the future be developed as a result of the implementation of provisions and policies of this Ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City or other governmental agency having jurisdiction to guide growth and development. This site is one of the larger properties in the RDD portion of the local historic district. The proposed use is similar to the multi-family properties to the north and south and is bound by commercial uses on the east and west. The character of the property is a mix of uses to which the proposed use contributes. The site has historically been multi-family within the surrounding land use mix. Other than reestablishing this use, the applicants are not proposing any new construction that would reconfigure uses on the site from what they once were. Because of this, staff anticipates that there will only be a few, if any, modifications that will need to be made to the site to bring it into compliance. C. The proposed use will be adequately served by and will not impose an undue burden on any of the improvements, facilities, utilities, and services specified in this subsection. Where any such improvements, facilities, utilities, or services are not available or adequate to service the proposed use in the proposed location, the applicant shall, as part of the application and as a condition to approval of the proposed conditional use permit, be responsible for establishing ability, willingness, and bind commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with this Ordinance, and other plans, programs, maps, and ordinances adopted by the City to guide its growth and development. The approval of the conditional use permit shall be conditioned upon such improvements, facilities, utilities, and services being provided and guaranteed by the applicant. The infrastructure to support this use is already in place and should not place any undue burden on the existing systems. D. The Planning Commission may attach recommendations for conditional use approval, additional criteria dealing with buffer yards, parking, lighting, building

PL-2010-00152 Poucher House Conditional Use Permit Page 5 of 8 materials, or any other aspect of site plan approval necessary to mitigate the impact of the proposed conditional use on the surrounding property. The analysis in this report and Commission discussion should help the Commission identify if there are negative impacts to neighboring parcels or the city as a whole that would need to be mitigated. The following zoning information is presented to aid the Planning Commission in determining if there is a need for additional conditions above and beyond standard zoning requirements. It will also broadly identify for the applicant site plan issues to be considered when preparing an application for a zoning certificate after the conditional use review is completed. Special Development Standards (Section 402.02) Certain uses have unique characteristics that require additional development standards above and beyond the general standards in the zoning ordinance. Performance residential developments must address the following: Standard in Section 402.02.C Consistency with Performance residential standards in Section 502.02, including: Comment Site is compliant except for parking which the applicant will address prior to use as a multifamily property. The applicant has reserved a parking area 60 feet in width which can accommodate up to six cars. The main dwelling has two bedrooms. The two apartments have one bedroom each and the accessory building has one bedroom for a total of five bedrooms requiring five parking stalls. There is enough space to be paved to meet the parking requirement and provide a visitor parking stall. See above Not applicable Addressed. This is existing construction. Architecture is consistent with the historic district. This site is exempt - not in the US zone Addressed

One visitor parking space for each ten bedrooms Building frontages greater than 100 feet in length shall have offsets or other distinctive changes in the building faade. A variety of prominent architectural features, such as door and window openings, porches, rooflines, should be used. Bicycle parking is required in accordance with Section 510 of this ordinance. Orientation requirements - A minimum of 50 percent of the buildings shall have a front entrance facing a public or private street. If the property line at the road frontage is less than 50% of the side lot line, the property is exempt.

PL-2010-00152 Poucher House Conditional Use Permit Page 6 of 8 Gated developments shall only be allowed with a private access, and the gates shall be placed no closer than 20-feet from the property line. The gates must activate open by siren. A Knox box must be accessible by the Fire Dept. and there must be a backup to the system that will activate it open in case of a power failure. Required open space should be designed to be a focal point of the development and shall be aggregated into meaningful quality open space. Common open space shall be reasonably accessible to all residents. To the maximum extent practicable, open space shall connect with the following lands located within or adjacent to the development: a. dedicated parks or greenways; b. school sites; c. adjacent open spaces d. adjacent multiple family uses e. commercial areas Attractive pedestrian ways, bicycle paths, or trails should link the proposed development site to the uses cited in Item 9. Dumpster placement shall be screened from public view, public rights-of-way and from abutting properties . . . Not applicable

Not applicable As per table 4-2, this property has less than 4 dwelling units. Not applicable Not applicable

Not applicable Environmental Services has been serving this site through standard residential service so no dumpster will be provided. Site is compliant

The following shall be located or screened so as not to be visible from any public street: air conditioning compressors, window and wall air conditioners, electrical and other utility meters, irrigation and pool pumps, permanent barbeques, satellite antennae, utility appurtenances, mechanical rooftop equipment or ventilation apparatus. Accessory structures, mail boxes, recreation buildings, swimming pools and any other amenities must be approved by staff and a separate zoning certificate issued. Mail boxes for large developments should Not applicable be in a covered shelter and not located between the street and the front plane of the first building.

PL-2010-00152 Poucher House Conditional Use Permit Page 7 of 8 Bufferyards These are determined by the Land Use Intensity Classification found in Table 4-4 and by Corridor regulations of Section 433.06. The site meets the characteristics of a Class VI use. A brief analysis of the buffers includes the following: Buffer location on the subject property Along the north property line East (rear) property line Along South Property Line Buffering against Performance Residential Use, Class VI Road Service use, Class VIII Performance Residential use and Institutional use, Class VII Commercial Residential Across the street Buffer dimension required 5 feet (as per Section 433.06) 5 feet (as per Section 433.06) 5 feet (as per Section 433.06) Existing planted buffer 5 feet 17ft 2 ft alongside the driveway and parking area (135 feet), 10 feet along east end (131 feet) 15 ft Satisfies buffer reqmt? Yes Yes No

Along North College

15 feet (as per Section 433.06)

Yes

While the south property line is noncompliant along the driveway (the first 135 ft), it widens to at least 10 feet wide for the east 131 feet along this property line. According to Section 433.06, the Planning Director has the authority to allow a waiver to a side bufferyard:
The Planning Director may grant waivers to portions of the side and rear buffer areas, in terms of square footage and planting materials, to be relocated to other areas on the development site. The applicant shall submit a request along with a landscape plan showing how the proposed buffer areas will be relocated.

Staff recommends that a waiver be granted along the south property line since the 405 sq ft buffer area that is missing at the west end is less than the 655 sq ft excess at the east end. Section 433 Overlay Regulations This section deals with a number of issues including building materials, bufferyards and setbacks. Staff finds that this site is compliant other than the buffer issue mentioned above. Parking See Special Development Standards discussion above. Lighting Standard lighting regulations will address impacts to neighboring properties.

PL-2010-00152 Poucher House Conditional Use Permit Page 8 of 8 Other site plan considerations Stream Buffers (Section 413). There are no streams affecting this property. Flood plains (Section 415). There are no floodplains affecting this property. Curb Cuts (Section 436.01). The site has an existing curb cut that is about 10 feet wide on the south end of the street frontage. Site plan approval (Section 802). If the conditional use is approved, site plans for each outlot or phase that meet all conditions, zoning regulations and submission requirements will subsequently be reviewed administratively by staff prior to the issuance of a zoning certificate. Engineering: There are no engineering concerns with the conditional use request. Water Resource Management: WRM has no issues with this submittal for conditional use purposes.

POUCHER HOUSE CONDITIONAL USE PC CASE #PL-2010-00152

365 403

NC-20 NC-20
355 350

401

Cary Castle LLC Property Narang Property (Tiger Food Mart & Laundry)
341

SUBJECT PROPERTY
342

338

N COLLEGE ST

Dyas Property (BB&T Bank)

RDD
124 116 333

RDD
332

Julian Jenkins Property

St. Michael's Catholic Church Student Center

BRAGG AV

326 115 121

121

318 319 113

307

RDD
Vicinity Map:

HUDSON TER

SANDERS ST

The applicant is seeking conditional use approval for a performance residential use (multiple family development) in the Redevelopment District (RDD) Zoning District.
PERRY ST
D

W DRAKE AV

E DRAKE AV

N COLLEGE ST

BRAGG AV

N GAY ST

FORD CT
E GLENN AV

W GLENN AV

TICHENOR AV

BURTON ST

WRIGHT ST

COOK ST

W MAGNOLIA AV

The City of Auburn, Alabama does not guarantee this map to be free from errors or inaccuracies. The City of Auburn, Alabama disclaims any responsibility or liability for interpretations from this map or decisions based thereon. The information contained on this map is a general representation only and is not to be used without verification by an independent professional qualified to verify such information.

FRAZIER ST

IKA R OPEL

PUBLIC HEARING NOTICE Thursday, March 11, 2010 in the Council Chambers at 141 N. Ross St. at 5:00 p.m. Please call the City of Auburn Planning Department at (334) 501-3040 for additional information.

WARRIOR CT

N ROSS ST

E MAGNOLIA AV

The entire Planning Commission packet can be found at www.auburnalabama.org. There is a direct link on the home page.