Zoning Board of Adjustments Minutes - 01/20/2010MINUTES
BOARD OF ADJUSTMENT
January 20, 2010
PRESENT:
Dustin Nimz, Chairman 0 Members
Jerry Beaver 0
Jose Garcia 0
Chad Hughes 0
Kerry J. Maroney 0
Jim Ginnings, Council Liaison 0
Kinley Hegglund, Senior Assistant City Attorney 0 Legal Dept.
David A. Clark, Director of Community Development 0 City Staff
Leo Bethge, Planner II 0
Diane Parker 0
ABSENT:
Dara Forbes 0 Members
David Lane 0
Elvin Dudley 0
I. CALL TO ORDER
Chairman Nimz called the meeting to order at 1:30 p.m. Ms. Lydia Ozuna, City Clerk, swore in
Jerry Beaver and Kerry J. Maroney, new members. Mr. Maroney submitted a conflict of interest
and it was noted that he would not be participating in the discussion and the voting of Case
V10-01.
II. APPROVAL OF MINUTES
Mr. Garcia made a motion to approve the minutes of the November 18, 2009 Board of
Adjustment meeting. Mr. Hughes seconded. The minutes were approved with a unanimous
vote in favor.
III. REGULAR AGENDA
1. Case V 10 -01
A variance of 300 feet from the maximum 300 foot off -site parking provision, per
Section 6210 (10), to allow 600 feet from the proposed medical clinic to the
nearest off -site designated parking lot
1100 Alma
In September 2009, the Planning & Zoning Commission approved the rezoning, Conditional
Use and plat to allow a medical office clinic at 1100 Alma. With the current site plan indicating
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a 19,038 square foot facility, 95 parking stalls are required; however, the site can only
accommodate 56 parking stalls. Based on this, the remaining 24 parking stalls are planned off -
site. Off -site parking, up to 50% of the requirement, is permitted within 300 feet from the
nearest point of access. The current on -site parking ratio is 59 %. The applicant is requesting a
variance to allow off -site parking at a greater distance than 300 feet. The distance from the off -
site parking to the facility is approximately 600 feet. The applicant is requesting a variance for
the difference of 300 feet.
The site is proposed within an established residential area; however, over the last several
years, the immediate area has become a health care campus. With United Regional Hospital
being the primary use, secondary- related clinics are being proposed with accessory parking
facilities. The applicant has stated that the long -term plan is to purchase additional land to
better accommodate parking but these parcels are not available at this time. The current plan
is for staff to park at this off -site lot, which is one block to the east. Customers would park on-
site.
Qualifying Criteria:
a. The applicant states that they will have a relationship with URHCS for the use of their
medical clinic parking for their staff only.
b. The applicant stated that all available land has been purchased however an additional
forty spaces are needed to comply with the City requirements. A precedent exists in the
medical district for sporadic parking areas due to the lack of availability of contiguous parking
sites. Many of the structures in the area are still being used as residences. Additional
acquisition is proposed.
C. This medical facility is a unique circumstance because it is one of the first privately
owned built adjacent to URHCS in many years. This situation has not previously been
encountered; newly constructed URHCS buildings already had access to parking areas.
d. No new medical facilities have been built and have not faced this land deficit issue.
There is no recent history of a special privilege being conferred.
Mr. Garcia made a motion to accept the Qualifying Criteria; Mr. Hughes seconded. The motion
carried.
Evaluation Criteria:
Mr. Bethge reviewed the Evaluation Criteria with the Board.
Seventeen (17) surrounding property owners were notified of this request. One (1) or 5.88%
replied in favor; none (0) were opposed; and, two (2) or 11.76% replied as undecided or other.
Mr. Bethge explained that 50% of the parking must be onsite. The concern is that off -site
parking is proposed to be a distance of 600 ft., instead of the maximum 300 ft. The applicant
plans to use United Regional parking lots for their staff.
Mr. Rick Carpenter, Vice President of Facilities Management for URHCS, stated that, since
submitting this application, the Flowers by Spain property has been purchased which is closer
to the clinic. By the time the clinic is built, the parking lot on the Flowers by Spain lot will be
completed.
Mr. Garcia asked about approval of the Flowers by Spain parking lot. Mr. Clark stated that by
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the time the Certificate of Occupancy is ready to be issued, the parking lot location should be
determined.
Mr. Bill McGregor, real estate broker officing at 2186 Kell Blvd., stated that the plan was
originally for a smaller office complex. In time, the applicant plans to fulfill the parking
requirement by acquiring more property as it becomes available.
Mr. Robert Phillips, 1109 Alma, stated that there are no sidewalks between the proposed
parking lot and the new clinic location. Their employees would be walking in the improved alley,
which is part of 12th Street. He noted there were twelve (12) vehicles parked on Alma today.
This is a narrow street installed in 1917 which was not designed for today's traffic. He stressed
the parking lot needs to be closer to alleviate the parking and congestion on Alma.
Ms. Sukie Desire stated she would be able to direct her staff to the correct parking location.
She confirmed Mr. McGregor's statement that additional property is being sought to alleviate
the parking problem.
Mr. Clark stated that, if this variance is approved, the clinic and the hospital will not be required
to return to this Board. Mr. Carpenter stated 1103, 1105, and 1107 Alma are not owned by
URHCS; 1200, 1202, and 1212 Marshal are owned by URHCS. The Flowers by Spain and the
corner lot are owned by the hospital.
Ms. Susan Lancaster, 1108 Alma, stated that she is concerned about the congestion. She also
questioned the stability of the parking arrangement between the clinic and the hospital.
Mr. Clark read the section from the Zoning Ordinance stating that a permanent, written parking
agreement is required. Mr. Carpenter stated an agreement was pending.
Mr. Garcia stated that improvements are needed in the City. Chairman Nimz stated he agreed.
He also stated that transitions in a neighborhood are often difficult for the neighbors but this is a
definite improvement. Mr. Hughes stated that the Police will ticket those people parked in "no
parking" areas if a call is made.
Chairman Nimz noted that four (4) members are voting and a unanimous vote will require all
four members to vote the same.
Mr. Garcia made a motion to approve the Evaluation Criteria and to grant the variance; Mr.
Beaver seconded the motion. The vote was unanimous in favor — four (4) in favor and none (0)
opposed. The variance was approved.
OTHER BUSINESS
Mr. Hegglund stated that, regarding Case V 09 -10 Wind Turbine, if the granting of the variance
would be in conflict or be preempted by federal law as it relates to federal law setbacks based
on the research performed by the Legal Dept., there will not be a preemption in the matter and
the Board's action in granting the variance is not going to conflict with any federal guidelines.
IV. Adjourn
The meeting adjourned at 2:15 p.m.
Dustin Nimz, Chairman Date
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