In addition to the conditional use requirements set forth in Section 1111.08, any dormitory proposed in the B-3 Zoning District shall comply with the following specific standards and conditions:
(a) Purpose. The purpose of this section is to:
(1) Encourage the retention and productive reuse of structures whose useful life can be extended by allowing flexibility in approving their reuse while minimizing any secondary impacts to the surrounding properties.
(2) Maintain and enhance the feel of the B-3 District, by allowing dormitories in existing commercial buildings and thereby increase foot traffic and a walkable environment.
(3) Emphasize the traditional scale, character, and function of the city's downtown business district by maintaining commercial uses on the street level.
(b) Permitted Uses.
(1) Dormitories when located in an existing building greater than two stories in height that has been converted for such purpose.
(2) Common student dining hall, food courts, confectionaries, and lounges.
(3) Restaurants and small specialty retail, located on the first floor of the building, occupying in total not less than fifty percent of the first-floor area. The Planning Commission may reduce this requirement upon a finding that the proposed first floor area occupied by restaurants and retail uses meets the purpose of the B-3 District.
(4) Common outdoor open space. Open space existing on the site prior to building conversion shall not be reduced in area. Such open space may be for the enjoyment of student residents or it may be available to the general public. Additionally, structures for active or passive recreation, plazas, outdoor dining and public art may be located in such open space.
(c) Development Standards.
(1) The site shall be owned or leased by a recognized, established and operating institution of higher education which conducts a full-time program of educational instruction or occupied by students enrolled in an institution of higher education through an agreement with such institution. If the site is leased or occupied by students through an agreement, the Planning Commission shall review the lessee and/or the agreement and determine that they meet the requirements of an institution on higher education. Approval of a lessee or an agreement shall not be transferable without the approval of the Planning Commission.
(2) A minimum gross floor excluding any floor area designated for or designed to be used for retail or commercial per student resident shall be 400 square feet per bed; however, no room or suite shall have a floor area less than 70 square feet per bed.
(3) Each dormitory room or suite shall be provided with its own private sanitation facilities, with a minimum of one set of sanitation facilities for every four persons occupying such suites.
(4) Dormitory rooms or suites shall be separated from common areas that are open to the public with security features in place to control access.
(5) Provide for building access control systems that include the capability for remote monitoring from a campus location.
(6) Alteration of an existing property shall comply with the standards set forth in Chapter 1129 for the Historic Downtown Design Review District, and all other applicable code sections including applicable building code and fire code regulations. If Historic Tax Credits are utilized that approval process shall be accepted for the building design. In addition to the above the property shall comply with the following:
A. Retain floor plans and elements of the ground floor interior and public spaces that help define the character of the building.
B. Maintain and/or refurbish existing interior staircases.
C. Maintain ground floor windows facing the street as integral parts of the building.
D. Emphasize the main entrance to a building to delineate a clear point of arrival or entry. Alter entrance doors and door openings only as necessary to provide accessibility and security for the student residents.
E. Locate the main entrance along the primary public right-of-way corridor; additional entrances may be located in the side or rear of the building to allow for service access or additional resident entrance.
(7) The building conversion shall address structural defects or hazards, including but not limited to, the following:
A. Footings or foundations that are weakened, deteriorated, insecure or inadequate, or of insufficient size to carry imposed loads with safety.
B. Members of walls or other vertical supports that split, lean, list, buckle, or are of insufficient size or strength to carry imposed loads with safety.
C. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, buckle, or are of insufficient size or strength to carry imposed loads with safety.
D. Fireplaces or chimneys that list, bulge, settle, or are of insufficient size or strength to carry imposed loads with safety.
(d) Signs. Signage shall meet the requirements of Chapter 1127
and of Section 1129.03
(f) and shall be submitted as part of the design standards evaluation for the development of the site.
(e) Parking. Parking that exists on the date of application for a building conversion shall be preserved and available to building occupants and shall meet the requirements of the Downtown Streetscape Plan as required by Section 1125.11
. Total amount of parking shall be as required by Chapter 1125. The Planning Commission may waive or modify standards or any requirements of Chapter 1125
if it finds that the intent of Section 1115.27 will be adequately met.
(f) Review Process. The Planning Commission shall review applications for compliance with Section 1111.08
, the requirements of this section, Chapter 1129
, and as follows:
(1) The Planning Commission shall encourage conversion of existing structures in B-3 District in the spirit of their existing architectural style.
(2) The Planning Commission shall be flexible in its judgment of plans for conversion of structures, sites, and areas of little historic or cultural value except where such conversion would seriously impair the historic value and character of surrounding structures or of the surrounding area.
(3) In the event that the existing constraints of the site prevent the reasonable compliance with this section, the Planning Commission may approve the conversion as being compliant to the greatest extent possible. Such approved conversion shall not be considered nonconforming following completion of the conversion.
(4) In its considerations of whether an application is approved the Planning Commission may consider the costs for a particular action or inaction may be unreasonable given existing conditions of a structure, site, or area.
(5) The Planning Commission may modify the development standards of this Section 1115.27 provided that such modifications are consistent with the intent of the B-3 District.
(Ord. 31-21. Passed 12-6-21.)