SITE PLAN REVIEW
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N-04-01-06/SP-04-34-06: Great Planes Hangar Expansion at Lawrence Municipal Airport, a site plan for an expansion of a non-conforming use for an existing hangar building located at 1960 N. 7th Street. Submitted by Tee Group, LLC for Steve Craig tenant, City of Lawrence property owner of record.
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B. GENERAL INFORMATION |
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Current Zoning and Land Use: |
RS-1 (Single-Family Residence) District; existing airport related improvements and hangars |
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Surrounding Zoning and Land Use: |
A (Agricultural) and I-1 (Limited Industrial) District to the west and northwest; unincorporated county property used for agricultural purposes.
RS-1 (Single-Family Residence) District to the immediate north and east; existing Lawrence Municipal Airport.
M-2 (General Industrial) District and A (Agricultural) District to the south; existing Lawrence Municipal Airport and agricultural property. |
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Site Summary: |
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Gross Area: |
Reference in lease agreement for total area. |
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Existing Building Coverage: |
4,900 SF building |
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Proposed Addition: |
5,100 SF addition to the north and east sides total 3,000 SF Phase 1 front of building 2,100 SF Phase 2 side of building following rezoning |
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Off-Street Parking Required: |
Requirement undefined in code 1989 drawing noted 1 space per 1000 SF 5 spaces required [10 spaces required if approved] |
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Off-Street Parking Provided: |
20 striped spaces in city parking lot to southwest of hangar buildings. Space for additional striping as necessary.
* Some off-street parking is provided around hangar buildings such as the Gutworks building to the southeast per agreements with the city. |
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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. Execution of necessary agreements with the City of Lawrence for use of lease area; 2. Provision of a revised site plan to limit the total building addition at this time to not exceed 30’ by 100’ as an initial phase; and 3. Provision of a revised site plan to include a note that states the applicant shall be responsible for any and all application submissions associated with FAA requirements and compliance with such regulations associated with the proposed building addition. |
C. STAFF REVIEW
The applicant is proposing two building additions; a 30’ extension to the front (southeast side) and a 30’ extension to the side (northeast side). Pavement improvements will also be made immediately adjacent to the building to tie into the existing pavement surrounding the building. The expansion of a non-conforming use limits the total addition to not exceed the existing footprint. Only one phase of the building addition would be allowed as part of this consideration. The property would need to be rezoned to accommodate the second phase of the building addition. The total resulting building will be 100’ by 100’ if approved. The current building has existed since 1989 according to the County Appraiser’s Office.
Non-Conforming Use
A large portion of the airport property was rezoned to an industrial district in 1998 to facilitate development of the area near and around the existing terminal building and for the development of City owned/operated hangar space (Z-10-29-98). However, the western side of the airport and the existing runways retain the original residential zoning. The existing business, Great Planes, has been at this location since the early 1980’s (estimated by staff). The subject property is zoned RS-1 (Single-Family Residence) District a residential zoning district. The proposed use is a non-residential use and therefore non-conforming.
Many municipal and government owned properties are zoned RS-1 (Single-Family Residence) District which does not reflect the active use of the sites such as the maintenance area at 11th & Haskell, water treatment plat on Wakarusa, several park properties, and KU and Haskell University. With the adoption of a new code these area will be re-designated to a more appropriate zoning classification and a specific plan will be associated with them such as the Airport Master Plan or Hospital Master Plan for establishment of design criteria and future improvements.
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 sub section (a) (5) “which were manifestly designed or arranged for such use prior to the date when such use or building became non-conforming” and if the conditions in Section 20-1303 are met. The proposed building addition is for an existing hangar. The west side of the airport facility was originally the terminal area. The building existed prior to the City’s annexation and zoning of the airport property. The property was originally zoned I-1 as shown on the 1966 Douglas County Zoning Map.
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 site plan as submitted shows a proposed expansion of 5100 SF square feet which exceed the maximum allowed. The applicant is currently revising the site plan to accommodate only the front portion or 61% of the existing floor area of the current building. 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. Parking is provided in the common area south of the hangars to limit vehicular and aircraft interaction.
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 current zoning does not accurately reflect the land uses associated with the airport. Upon adoption of the new code this area will be rezoned to GPI. There is an existing master plan for the airport.
(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;
The proposed addition will add space to the front (southeast) and side (northeast) of the existing building. This will accommodate larger doors and work space interior to the building. The site plan does not include the addition of a new tenant or use within the building. The surrounding “taxiway” will be decreased slightly by the extension of the building, but will not otherwise affect the use of the area. Vehicular parking in this area is highly discouraged.
(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;
Vehicular access to the building is provided the rear of the building and along the southwest side as necessary. Off street parking is provided in the city lot to the south of the hangars from the access road. The site is not primarily for vehicular or pedestrian traffic.
(d) That the site plan provides for the safe movement of pedestrians within the site;
The site is not intended or designed for pedestrian access.
(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;
The existing site is dominated by both building and pavement. Small green spaces are located adjacent to the buildings and would typically include grass or foundation plantings. Landscape materials are generally incompatible with many airport functions and should be located in areas that are not co-occupied with aviation equipment with regard to shrubs and trees.
(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;
The site plan does not show a dumpster location for the hangars. The disposal of solid waste is addressed on an individual basis as necessary.
(g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.
The site is a developed portion of the Lawrence Municipal Airport. The primary activity is centered around the Terminal Building located to the east. Platted lots are provided for future development. The western area is developed with several hangar operations and has immediate access to utilities. Intensive development or redevelopment of the western side is not supported in the master plan for the overall airport.
E. CONCLUSION
During the review of the proposed site plan, staff asked the applicant to consider the relocation of the business to the eastern side of the airport property. The lack of existing utilities and the need to extend special pavement for aircraft use was deemed to be infeasible by the applicant.
Staff noted that while the current zoning is inconsistent, the future rezoning of the property to a General Purpose Industrial district would eliminate the need for non-conforming use consideration. The ability to expand the building is also limited by the current regulations and requires the site plan be revised. Additional site plan approval will be required for the side building addition after the property has been rezoned.
A revised lease agreement will be required if approved. Staff recommends the expansion of the non-conforming use/site plan be subject to execution of applicable agreements with the city if approved. It should also be noted that the applicant will be responsibility for all submission requirements that are applicable under FAA regulations and for compliance of such related to the construction of the proposed building addition and pavement improvements.
The site plan for the expansion of a non-conforming use, as conditioned, is in conformance with the requirements of the Zoning Ordinance. Staff recommends approval of the proposed site plan for an expansion of a non-conforming use.