TEMPORARY USE PERMITTED UPON REVIEW
Consent Agenda
TUPR-03-06-06: A Temporary Use Permitted Upon Review request for a promotional event utilizing a ground-mounted searchlight at Seabury Academy, 4120 Clinton Pkwy, from 4/21-22/2006. Submitted by Susan Gibbs for Seabury Academy, property owner of record.
GENERAL INFORMATION
Current Zoning and Land Use RM-1 (Multiple-Family Residence) District; Private school, grades 7-12.
Surrounding Zoning and Land Use RS-2 (Single-Family Residence) District to the north; established single family neighborhood.
PRD-2 (Planned Residential) District to the west;
multi-family residences.
RO-1B (Residence-Office) District to the south; undeveloped land.
RM-1 (Multiple-Family Residence) District to the east; multi-family residences.
STAFF REVIEW
The subject property is located on the north side of Clinton Parkway between Inverness and Crossgate Drives. The property is developed with a private school, 7-12th grades. The property is surrounded with residentially zoned property to the north, west and east. The property to the south is zoned for Residence-Office, but is currently undeveloped. The proposed event will take place on April 21st and 22nd. The search light will be located on the ground to the south of the building and will be used from dark to 10:00 p.m. to promote their auction.
Section 20-1454.4(a)(8) and (9) of the City code permits administrative approval of requests if the hours of operation are consistent with surrounding land uses and if the property is in a commercial or industrial zoning district. This request can not be administratively approved because of the evening hours and fact that the property is located in a residential zoning district. Per Section 20-1454.5 of the Zoning Ordinance, the request is classified as a Temporary Use which is subject to City Commission approval.
The site plan for Seabury Academy [SP-07-49-02] was approved by the City Commission on July 23, 2002 and is on file in the Planning Office. The event is planned for hours when school is not in session and there is adequate parking for the anticipated increase. The search light will be ground mounted to the south of the school and will be directed upward. To the south of the school is Clinton Parkway, and beyond that undeveloped property. The light will be used only until 10:00 pm. This light should not impact any nearby residential areas.
The goals of the City’s lighting standards include “mitigate light trespass, nuisance, and glare to adjacent properties; and reduce light pollution to the general community and mitigate effects to the night sky. (Ord. 6598)” Section 20-14A01, City Zoning Ordinance. The light will be pointed upward at an angle, so there should be little or no glare to neighboring properties. The search lights will create light pollution and will have a negative impact on the night sky. A similar promotional event was held at two McDonald’s locations last year without any negative reaction. No objections are expected about the use of the searchlights; however, if there are complaints future use of searchlights in this manner may be prohibited.
Section 20-1106(d) of the City code states that no use shall be made of land in an Air Space Control Area District which “contains lights or signals which may be confused with airport navigational lights”. This property lies within the Air Space Control Area District. The Lawrence Municipal Airport Operator indicated that search lights in this area should not have any negative impacts on aircraft. The use of a search light at this location is not a safety issue for the airport.
Recommendation: Planning Staff recommends approval of the Temporary Use Permit for use of a search light for the promotional event at 4120 Clinton Parkway for April 21st and 22nd, 2006 subject to the following conditions:
3. The search light must be directed upward at an adequate angle so it does not impact the neighboring residences or streets. It may be shone from dark to 10:00 PM on the dates of the event.