July 18, 2006

A. SUMMARY

SP-04-36-06: Lawrence Board of Realtors, a site plan for site improvements to 3838 W. 6^th Street. Submitted by Landplan Engineering, P.A. for Lawrence Multiple Listing Service, Inc., property owner of record.

B. GENERAL INFORMATION

Current Zoning and Land Use:	C-2 (Neighborhood Shopping) District; Lawrence Board of Realtor’s office.
Surrounding Zoning and Land Use:	RM-1 (Multiple Family Residence) District to the north and east; Multi-family residences. PCD-2 (Planned Commercial) District to the south; Lawrence Funeral Chapel. PCD-1 (Planned Commercial) District to the west; Commercial development, including a restaurant and grocery store.
Site Summary:
Gross Area:	.75 acre (32,670 square feet)
Existing Building Coverage: Total Proposed Building Coverage:	1,300 square feet 2,423 square feet
Off-Street Parking Required: Off-Street Parking Provided:	8 spaces (1 space/ 300 net square feet) 37 spaces, including 2 accessible space

Staff Recommendation: Staff recommends approval of SP-04-36-06: Site improvements to the Lawrence Board of Realtor’s office building and parking lot at 3838 W. 6^th Street, subject to the following conditions: 1. Submittal of a Site Plan Performance Agreement. 2. Submittal and approval of a photometric plan. 3. Provision of a Cross Access Easement for the southern access point and inclusion of the Book and Page number on the site plan. 4. Revision of the site plan to include the following: a. Clarification of the phrase “4-inch concrete walk” at the south end of the existing building. The note should be altered to note the pavement type and width of new walkway to match the width of the existing walkway (5 feet wide). b. Replacement of the Broadmore Juniper with Nick’s Compact Phitzer or Gold Tip Phitzer and replacement of the Little Princess Spireas with Red Mentor Barberry, Anthony Water Spirea, Sunrise Forsythia or Sunrise or Kalm’s Hypericum.

3838 W. 6^th Street, 2003 Aerial

C. STAFF REVIEW

The subject property, which is zoned C-2 (Neighborhood Shopping) District, is located on the northeast corner of 6^th Street and Monterey Way. An existing building includes offices for the Lawrence Board of Realtors. The Board of Realtor’s office and associated parking lot are proposed for expansion.

Variance

During its July 6, 2006 meeting, the Board of Zoning Appeals granted a variance to allow a 4” to

5'.4” retaining wall to encroach into the western side yard setback. The retaining wall will result in a 10 foot western side yard setback. An existing retaining wall, which ranges in height from 8” to 2'.5”, sits outside the western property line and within the Monterey Way right-of-way. As this wall was built as part of a Monterey Way improvement project in 2000, no further action is required for the existing wall.

D. Findings

Per Section 19A-5, 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 purpose of the C-2 (Neighborhood Shopping) District is to “…provide locations for the conduct of retail trade and personal service enterprises to meet the regular needs of, and for the convenience of, adjacent residential areas”. The building will continue to be utilized for professional offices with the expansion, which is specifically allowed in the C-2 (Neighborhood Shopping) District.

(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping, and drainage is compatible with adjacent land uses;

The existing and proposed buildings are located centrally within the northern portion of the site. Parking spaces will be located within the northern, eastern, and southern portions of the site. While only 8 parking spaces are required per City Code, 37 parking spaces are proposed. The applicant has stated that these additional spaces are needed to provide parking for bi-monthly or tri-monthly meetings of the Lawrence Board of Realtors. Currently, meeting attendees park in a parking lot across Monterey Way and walk across the street to the Board of Realtors site.

The site currently includes one access point off Monterey Way. An additional access point is proposed for the northern portion of the site. This curb cut was shown as a “future curb cut” on the previously approved site plan from 1995. As the southern access point is divided by a lot line which separates Lots 1 and 2, a Cross Access Easement will need to be executed and recorded at the Register of Deeds Office prior to the plan being released for building permits.

Two 250-watt. pole lights and one 100-watt. building-mounted light are proposed for the site. A note has been included with the northeasternmost light, stating that the light will be shielded. A photometric plan is required to be submitted and approved prior to the site plan being released for building permits.

Regarding landscaping, three Maple, four Baldcypress, and three River Birch trees are proposed. The shrubbery list includes Junipers, Boxwoods, Forsythia, and Little Princess Spirea. As the City’s Landscape Supervisor has indicated that the Broadmore Junipers & Little Princess Spireas do not reach a sufficient height to properly screen vehicle headlights from the street and adjacent properties, alternate shrubbery species will need to be listed on the plant schedule as a condition of approval. Several existing trees and shrubbery are to remain with the project.

Per Section 20-1446(b) of the Zoning Regulations, a solid, view-reducing screen of four to six feet in height is to be provided along interior lot lines of commercially developed areas when the site abuts residentially zoned property. Therefore, a six-foot tall wooden fence to match the existing wooden fence will be installed along the eastern and northern property lines.

(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 site includes an existing access point off Monterey Way, which leads to parking areas. An additional curb cut is proposed off Monterey Way at the northern portion of the site. The northern access point will allow for egress only, and will include a “do not enter” sign. As the majority of the site’s parking spaces will be located near the two-way access point at the center of the site, the proposed design provides adequate vehicular flow.

(d) That the site plan provides for the safe movement of pedestrians within the site;

The site internally includes five-foot wide walkways near the building entryways. Sidewalks abut the site along 6^th Street and Monterey Way.

(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;

Three Maple, four Baldcypress, and three River Birch trees are proposed for planting with the project. The shrubbery list includes Junipers, Boxwoods, Forsythia, and Little Princess Spirea. As the City’s Landscape Supervisor has indicated that the Broadmore Junipers & Little Princess Spireas do not reach a sufficient height to properly screen vehicle headlights from the street and adjacent properties, alternate shrubbery species will need to be listed on the plant schedule as a condition of approval. Nick’s Compact Phitzer or Gold Tip Phitzer are suggested as alternates for the Broadmore Junipers, and Red Mentor Barberry, Anthony Water Spirea, Sunrise Forsythia or Sunrise or Kalm’s Hypericum are suggested as alternates for the Little Princess Spireas. Several existing trees and shrubbery are to remain with the project.

Per Section 20-1446 of the Zoning Regulations, a six-foot tall view-reducing fence will be installed along a portion of the property’s eastern edge where no view-reducing fencing currently exists.

(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;

Trash collection will continue to be provided via curb side pick up. As trash cans are stored inside the building, a dumpster is not required at this time. A dumpster may be required in the future per the Sanitation Department if it is warranted.

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 plan takes into consideration infrastructure improvements and physical alterations that have previously been made to this property. A Cross Access Easement will need to be recorded at the Register of Deeds Office for the southern access point prior to the plan being released for building permits. The Book and Page number for this easement will need to be shown on the site plan.

E. CONCLUSION

Staff recommends approval of site plan SP-04-36-06: Site improvements to the Lawrence Board of Realtor’s office building and parking lot at 3838 W. 6^th Street, subject to the following conditions:

1. Submittal of a Site Plan Performance Agreement.

2. Submittal and approval of a photometric plan.

3. Provision of a Cross Access Easement for the southern access point and inclusion of the Book and Page number on the site plan.

4. Revision of the site plan to include the following:

a. Clarification of the phrase “4-inch concrete walk” at the south end of the existing building. The note should be altered to note the pavement type and width of new walkway to match the width of the existing walkway (5 feet wide).

b. Replacement of the Broadmore Juniper with Nick’s Compact Phitzer or Gold Tip Phitzer and replacement of the Little Princess Spireas with Red Mentor Barberry, Anthony Water Spirea, Sunrise Forsythia or Sunrise or Kalm’s Hypericum.