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Commission tentatively approves temporary prefab lodging at 716 NW Sixth with sunset condition
Summary
Commission approved a proposal to install prefabricated lodging units on a vacant site at 716 NW Sixth Street with variances from height and setback rules and a condition that staff, applicant and municipal counsel craft an enforceable sunset mechanism (proposed end date 12/31/2035).
The Downtown Design Commission on May 15 approved a plan to install prefabricated lodging units at 716 Northwest Sixth Street, but commissioners required the applicant, city staff and municipal legal counsel to craft enforceable language that would specify how a voluntary sunset provision would be enforced. The applicant and staff settled on a proposed end date of Dec. 31, 2035.
Planning staff cautioned that the downtown design code typically requires a minimum two-story or 30-foot height on street frontages and has rules to place buildings within 10 feet of the street property line. For the 716 NW Sixth proposal, the applicant described a cluster of prefabricated one-story lodging units arranged around interior amenities including a pool, gym, bar and laundry; staff said several variances would be required for height, setback and related standards.
"Staff is concerned about the precedent of approving a one-story project at this location," Laura Griggs said, noting the proposal's internal orientation and the risk that temporary modular structures can look and function like permanent one-story buildings. The applicant emphasized that the development is intended as temporary and proposed a voluntary sunset term to allow time to recoup investment.
Architects and the applicant said the buildings will likely be reviewed under the International Building Code (IBC) for commercial lodging requirements (sprinklers, egress, pool health department rules) rather than residential code if constructed as commercial lodging. Ken Fitzsimmons, the architect, and Cody Pastolica of Miller Architecture described structural review and permitting expectations.
Commissioners debated how a sunset provision could be enforced. Staff said the city lacks a routine enforcement mechanism to remove structures after a certificate of approval (CA) expires and suggested the applicant, staff and city attorney draft specific language for the CA; the commission conditioned approval on that approach. The commission also approved recommendations to the Board of Adjustment for variances from minimum height and setback requirements.
The motion approved the application contingent on (1) Board of Adjustment variances for minimum height and maximum setback requirements and (2) an agreement between the applicant, staff and municipal legal counsel on an enforceable method to record and enforce a sunset date (staff proposed 12/31/2035). The commission directed staff to return the item if the parties cannot agree on enforcement language.
