SITE PLAN REVIEW
N-12-05-05/SP-12-95-05: Replay Lounge, a site plan for an expansion of a non-conforming use for a rear patio expansion located at 946 Massachusetts Street. Submitted by Nick Carroll for Park Hetzel III trustees and Jean S. Hetzel; property owners of record.
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Current Zoning and Land Use: |
C-3 (Central Commercial District); existing licensed premise |
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Surrounding Zoning and Land Use: |
C-3 (Central Commercial District) to the north, south, east and west; developed with commercial, office, parking lots and restaurant uses. |
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Site Summary: |
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Gross Area: |
4680 Sq. Ft. |
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Existing Building Coverage: |
1705 Sq. Ft. |
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Proposed Building Coverage |
1765 Sq. Ft. |
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Existing Patio |
1915 Sq. Ft. |
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Proposed Patio |
2605 Sq. Ft. |
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Off-Street Parking Required |
Not required in C-3 District |
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Off-Street Parking Provided: |
Not required in C-3 District |
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Staff Recommendation: Planning staff recommends (A) the City Commission grant the authority to enlarge the building devoted to a non-conforming use as the extension is necessary and incidental to the existing use of said building and the conditions set forth in section 20-1303 (Expansion of Non-Conforming Uses) are met; and (B) approval of the site plan for the expansion of the non-conforming use subject to the following conditions: 1. Compliance with the Historic Resources Commission conditions of approval: (a)the proposed canopy height be lower than the top of the existing parapet wall of the main structure; (b) the applicant provide complete construction documents with material notations to be reviewed and approved by the Historic Resources Administrator prior to release of a building permit; and (c) any changes to the approved project will be submitted to the Historic Resources Commission prior to the commencement of any related work. 2. Execution of a site plan performance agreement per Section 20-1433. 3. Provision of a revised site plan to show the revised location of the BBQ/Smoker a minimum of 10’ from any building wall per Uniform Fire Code 1102.5.2.2, per the approval of City Fire Marshal. |
C. STAFF REVIEW
The applicant is proposing to enlarge the rear patio at the property located at 946 Massachusetts Street. The patio will extend 13’ 9” east toward the property line that borders the alleyway, and be 39’ 5” wide. Currently, there are 3 parking spaces and a storage area located in this area that the applicant will be removing to enlarge the existing patio. The north and south portions, as well as the eastern portion of the patio will be covered by a fabric awning typical of one that already exists on the west side of the patio. As part of the site modifications, the applicant proposes to remove an existing walk-in cooler from the northeast elevation of the structure and construct a new ADA compliant restroom.
Non-Conforming Use
The existing business, the Replay Lounge, has been at this location since 1993. In 1994, the City Commission approved an ordinance (No. 6527) requiring licensed premises to derive from the sales of food consumption on the licensed premises not less than fifty-five percent (55%) of all the licensed premises’ gross receipts for a calendar year from sales of food and beverages on such premises. (20-1453) Because the Replay Lounge has been a licensed premise with a valid liquor license since 1993 and has not been required to report food sales in relation to the 55% rule, it is considered to be a non-conforming use created by the adoption of Ordinance 6527 and is subject to the non-conforming use provision of the Zoning Code (20-1307-1308). The enlargement of the rear patio will be an expansion of a non-conforming use.
20-1302. LIMITATIONS ON NON-CONFORMING USES.
(a) No non-conforming building, structure, or use of land shall be changed, extended, enlarged, or structurally altered unless:
(1) Such change is required by law or order; or,
(2) The use thereof is changed to a use permitted in the district in which such building or land is located; or,
(3) Authority is granted by the City Commission to change the use or occupancy, provided the commission finds the use is within the same or more restricted classification as the original non-conforming use and such change of use or occupancy will not tend to prolong and continue the non-conforming use; or,
(4) Authority is granted by the City Commission to enlarge or complete a building devoted to a non-conforming use where such extension is necessary and incidental to the existing use of such building and the conditions set forth in section 20-1303 (Expansion of Non-Conforming Uses) are met; or,
(5) Authority has been granted by the City Commission to extend a non-conforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use or building became non-conforming, if no structural alterations, except those required by law, are made therein. (Code 1979, 20-1002; Ord. 5034)
Finding: Section 20-1302 identifies the limitations on non-conforming uses and requires that no change or extension of the non-conforming use shall occur unless one of the five criteria is met. Sub section (a)(4) allows the City Commission to grant the authority to enlarge a building devoted to a non-conforming use “where such extension is necessary and incidental to the existing use” and if the conditions in section 20-1303 are met. The enlargement of the existing rear patio is incidental to the existing non-conforming use of the building.
20-1303. EXPANSION OF NON-CONFORMING USES.
Non-conforming uses of buildings and structures or non-conforming buildings, structures and their uses may be expanded according to the provisions of section 20-1302 (Limitations on Non-Conforming Uses) and under the terms of this section as follows:
(b) Non-conforming uses in non-residential areas when the use:
(1) Does not exceed 100 percent of the floor area of the original use;
(2) Does not intrude into a residential zoning district;
(3) Is such that the expansion does not exceed the setbacks or height limitations of the district; and,
(4) Provides for off-street parking and loading as required in sections 20-1211 and 20-1212. (Ord. 5034)
Finding: The proposed expansion meets the provisions established in Section 20-1303. The existing licensed premise currently contains 3620 square feet of useable area (1915 square feet of existing patio and 1705 square feet of existing building coverage). The proposed expansion contains 690 square feet of useable area, amounting to 19% of the floor area of the original use. The proposed use does not intrude into a residential zoning district, nor does it exceed the setbacks or height limitations of the district. No additional parking is required because the C-3 zoning district does not require off-street parking.
Historic Resources Commission Review
The subject property requires Certified Local Government Review because it is located in the environs of Lawrence’s Downtown Historic District, the North Rhode Island Street Historic District, National Register of Historic Places, the Shalor Eldridge Residence (945 Rhode Island), Kansas Register of Historic Places. The property is also located in the environs of the Hannah Building (933 Massachusetts), Lawrence Register of Historic Places, and is therefore required to obtain a Certificate of Appropriateness.
The applicant has submitted an application (DR-12-103-05) to the Historic Resources Commission for the proposed patio expansion. The project has been administratively approved subject to the following conditions: (a)the proposed canopy height be lower than the top of the existing parapet wall of the main structure; (b) the applicant provide complete construction documents with material notations to be reviewed and approved by the Historic Resources Administrator prior to release of a building permit; and (c) any changes to the approved project will be submitted to the Historic Resources Commission prior to the commencement of any related work.
Downtown Conservation Overlay District
The subject property (946 Massachusetts Street) is located in the Downtown Urban Conservation Overlay District. The proposed site plan and exterior modifications meet the intent of the Downtown Design Guidelines.
D. Findings
Per Section 20-1432 staff shall first find that the following conditions have been met:
(a) That the proposed use is a permitted use in the district in which the property is located;
The subject property is located in the C-3 (Central Commercial) District. This district is designed to be the Central Business District or the downtown shopping and employment center for the community and surrounding trade area. The district is intended to provide space for retailing of all kinds, professional offices, financial institutions, amusement facilities, transient residential facilities, and limited wholesaling and warehousing. The licensed premise use is an existing non-conforming use created in 1994 through the adoption of Ordinance No. 6527.
(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;
The subject property is an existing licensed premise use. This site plan includes the addition of two tree wells along the south of the property to be located in the public right-of-way along Tenth (10th) Street. The proposed arrangement is compatible with adjacent land uses.
(c) That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;
The off-site parking associated with this property is currently not required. The site is designed as a pedestrian accessible business.
(d) That the site plan provides for the safe movement of pedestrians within the site;
Public sidewalks accommodate safe pedestrian movement between the public street and the commercial business.
(e) That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;
There is no landscape requirement associated with site plan for the C-3 District, except for the addition of two tree wells located in the public right-of-way along 10th Street. Landscaping currently exists on the public right-of-way along Massachusetts Street.
(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;
No changes are proposed for the existing service currently located in the adjacent alley.
(g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.
No modifications or grading is required for proposed improvement.
E. CONCLUSION
During the review of the proposed site plan, staff noted several minor items that need to be clarified on the face of the site plan including labeling features and correcting general notes. Staff also noted that the applicant add two tree wells along 10th Street. These elements have been provided on the revised site plan. Currently the site plan indicates a location for a BBQ/Smoker that is not in compliance with the Uniform Fire Code and a modified site plan will need to be submitted reflecting a revised location.
The site plan for the expansion of a non-conforming use, as conditioned, is in conformance with the requirements of the Zoning Ordinance, Chapter 22 of the Code of the City of Lawrence and the Downtown Design Guidelines. Staff recommends approval of the proposed site plan for an expansion of a non-conforming use.