Professional Memo

Lawrence Douglas County Metropolitan Planning Office

Memo

To: Lawrence Douglas County Metropolitan Planning Commission

From: Planning Staff

Date: September 20, 2006

Re: Item No. 12; RS-2 [RS7] to CN1; .134 ACRES; 917 DELAWARE (SLD)

Z-06-14-06: A request to rezone a tract of land approximately .134 acres, from RS-2 (Single-Family Residence) [RS7] to CN-1 (Inner Neighborhood Commercial). The property is located at 917 Delaware. Submitted by Korb Maxwell, Polsinelli Law Firm, for Robert & Molly Krause, property owner of record. This item was deferred from the August Planning Commission meeting to provide applicant time to draft proposed restrictions of use.

A recommendation for this item was provided as part of the Planning Commission staff report packet for the August Planning Commission meeting (see attached). The applicant has provided a draft of stipulations, in a resolution format. Should the Commission choose to recommend approval of the proposed zoning change staff has prepared a set of alternate findings for the Planning Commission based on the August Commission meeting discussion.

This item is scheduled to be considered by the Historic Resources Commission on Thursday, September 21, 2006. Staff will provide a summary of the HRC meeting actions at the Monday Planning Commission meeting on September 25, 2006.

Several attachments accompany this memorandum.

1. Original August Staff Report

2. Area Map

3. Historic Resources Commission Staff Report

4. Copy of Applicant’s stipulations

Alternative Findings of Fact

I. ZONING AND LAND USES OF SURROUNDING PROPERTIES

Staff Finding – The subject property is zoned for residential uses that does not allow for the operation of a commercial restaurant. The subject property abuts non-residential district zoning to the north and east.

II. CHARACTER OF THE AREA

Staff Finding – The immediately surrounding area includes a mixture of industrial uses, parking lots, and single-family homes. Approval of this zoning will continue the tradition of East Lawrence as a mixed use neighborhood.

III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

Staff Finding – The subject property is suitable for mixed use development within the neighborhood. The specific use is a highly unique contribution to the Lawrence culture.

IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

Staff Finding – The property is not vacant and has been zoned residential since the early 1980’s. [No change in the statement of this finding of fact from original report]

V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

Staff Finding – Approval of the request will expand the allowable restricted to residential and quality restaurant use. With appropriate restrictions, potential negative impacts to the immediate neighbors should be mitigated.

VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS

Staff Finding –The value resulting from the proposed rezoning provides for the expansion of mixed use within the neighborhood and a high-quality and unique contribution to the Lawrence culture. The operation of a quality restaurant in the location has the potential to draw more people into the downtown Lawrence area.

VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN

Staff Finding – The proposed request provides for mixed use within the immediate neighborhood. The Comprehensive plan promotes the mixing of uses to enhance the community.

Staff comments related to proposed conditions and stipulations. Additional conditions are shown in italics.

Section 3. The rezoning is made contingent upon the observance of the following regulations, stipulations, conditions, and restrictions, to wit:

A. The property shall be limited to only the following principal, accessory, and special uses from the matrix of uses to the Code:

i. [s1] All uses that are allowed both in the RS-7 and CN-1 zoning districts.

ii. [s2] A Quality Restaurant.

B. The operation of a Quality Restaurant shall be limited to:

i. Service of no more than 4 nights per week;

ii. Service of no more than 30 people per night;

iii. Service shall be provided by reservation only; and

iv. Service shall be limited to dinner only; and

v. Service shall be limited to the garden house and first floor dining room. No dining service shall be provided on the outdoor patio.

vi. Floor Area shall be restricted to comply with Section 20-534 of the Land Development Code limiting area to not more than 3,000 SF including garden house and the first floor dining room.

vii. Beverage service shall not be allowed on the outdoor patio or if allowed there shall be provided a continuous evergreen buffer along the south property line either permanently installed along the fence or provided in containers along the fence to mitigate noise.

C. No exterior signage shall be allowed for the Quality Restaurant.

D. Use of the Property as a Quality Restaurant shall require a legally binding agreement to be in effect (the “Parking Agreement”) at all times.

i. A copy of the parking agreement shall be recorded with the Douglas County Register of Deeds Office and shall also be filed with the Planning Office as part of an approved site plan.

E. The Quality Restaurant shall comply with all regulations of Federal, State and Local law, including, but not limited to, the Land Development Code, the American with Disabilities Act, and Commercial Building Code.

F. Use of the Property as a Quality Restaurant shall require evidence of property and liability insurance at all times.

G. Delivery service shall be made from Delaware Street.

H. Prior to operation as a Quality Restaurant, improvements to the property shall be made to limit the impact of any noise from customers to neighboring properties. These improvements may include:

i. construction of a more extensive solid fence along the southern property line;

ii. construction of a water feature, waterfall and additional landscaping; or

iii. [s3] ~~construction of an additional enclosed structure for the patio area~~.

I. Prior to operation as a Quality Restaurant the site shall be subject to site plan review and approval and obtain any related variances to such.