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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item: |
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PC Staff Report 12/20/06 |
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ITEM NO. 12: SPECIAL USE PERMIT; 917 DELAWARE (SLD)
SUP-10-04-06: Special Use Permit for Krause Dining at 917 Delaware. Submitted by Winton A. Winter Jr., Stevens & Brand LLP, for Robert & Molly Krause, property owners of record.
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STAFF RECOMMENDATION: Planning Staff recommends approval of SUP-10-04-06, a Special Use Permit for a private dining restaurant located at 917 Delaware and forwarding of it to the City Commission with a recommendation for approval, based upon the findings presented in the body of the staff report and subject to the following conditions:
1. Execution of a site plan performance agreement. 2. Completion of conditions of approval and release of a permit from the Historic Resources Administrator prior to the release of a site plan for the issuance of a building permit. 3. Provision of a revised site plan to include the following notes: a. Service to no more than 30 guests per seating; b. One seating per service day; c. 5 service days in a standard 7-day week; d. Service shall be provided to the general public by reservation only; e. Drive-in and carry-out facilities are prohibited; f. Private dining shall be an accessory use to an owner occupied principal residence. g. No serving and consumption of any food and/or beverage may occur outdoors. h. Activity shall conclude by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday night. i. Outside lighting associated with private dining events is extinguished by 11:00 P.M. on weekdays and by 12:00 Friday and Saturday night. j. There shall be compliance with applicable building code requirements. k. If the owner/operators of the private dining facility change in the future then a new Special Use Permit shall be required. l. Property shall be inspected annually by City Staff for compliance with the Special Use Permit. m. Owner/Operator shall submit an annual report prior to the scheduled yearly inspection stating they are the owner of record of the property and demonstrating compliance with the conditions of approval. n. Note the Deed Book and Page reference of the executed off-street parking agreement on the face of the site plan. 4. Provision of a revised site plan to provide additional landscape material added along the existing fence per staff approval. Material may be a mixture of installed plants or containers to provide additional buffering. 5. Approval of a City liquor license if alcoholic beverages are proposed. 6. Execution and recording of an off-street parking agreement with the Register of Deeds Office to include parking on an approved site planned property. 7. Publication of an ordinance per section 20-1306 (j). |
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Applicant’s Reason for Request: |
To allow for a private dining facility. |
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KEY POINTS · Subject property is zoned RS7. Primary use is for a single-family residence. · Proposed “Private Dining” use is subject to publication of an ordinance per Section 20-1306 (j).
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FACTORS TO CONSIDER · Compliance with standards for a private dining use per amended zoning code.
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ASSOCIATED CASES/OTHER ACTION REQUIRED · TA-10-12-06: Text Amendment to establish private dining as a use and set standards for such activity. · Z-06-14-06: RS7 to CN1 (tabled by the City Commission on 10/17/06) · DR-10-120-06 917 Delaware Street; Special Use Permit; Certified Local Government Review. The property is located in the environs of the East Lawrence Industrial Historic District, Kansas Register of Historic Places. Submitted by Korb Maxwell for Robert and Molly Krause, the property owners of record. The project was approved administratively by the Historic Resources Administrator and confirmed by the Historic Resources Commission on 11/16/06 subject to conditions: 1. This recommendation is given with the understanding that the City Commission must approve the associated Special Use Permit. Approval of this request by staff or the HRC does not guarantee the City Commission will approve the associated Special Use Permit;
· Approval of a City liquor license if alcoholic beverages are proposed · Compliance with applicable building code requirements · Execution and recording of an off-street parking agreement with the Register of Deeds Office.
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · No comment on this item at this time. |
GENERAL INFORMATION |
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Current Zoning and Land Use:
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RS7 [Single-Dwelling Residential] District; existing residential use. Catering activity allowed as a home occupation. |
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Surrounding Zoning and Land Use: |
RS7 [Single-Dwelling Residential] District to the west and south; existing residential homes. IG [General Industrial] District to the north and east; existing building and parking lot areas; existing residences to the southeast. |
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Site Summary |
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Original Construction Date |
1875 |
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Remodeled/Addition Date |
2002 |
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Garage Addition |
2004 (BZA-07-19-04) |
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Building |
3,323 GSF Residence (total) 1,898 GSF (restaurant use) (1,841 GSF residential use) 2,364 GSF (residential use) 0,416 GSF (accessory garden room) 36’ x 13’ 1,170 GSF (total estimated restaurant use in house) 0,523 GSF (accessory garage structure) 22’ x 24’
816 GSF (outdoor patio area) |
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Seating |
Not noted on plan, recommended maximum 30 seats |
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Lot Size |
.134 acres (5850 SF) |
Review and Decision-Making Criteria (20-1306(i))
1. WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE
The City Commission initiated a text amendment to create and define a new use “private dining” rather than rezoning the property. The base zoning of the district would not change. The use would be required to be consistent with the standards for the text amendment. Approval of the use and implementation of activity would be dependant upon the adoption and publication of an ordinance establishing the use. Compliance considerations are two parts – 1.) Use allowed in the district; and 2.) Site plan compliance. The City Commission approved TA-10-12-06 on December 5, 2006. An ordinance is being drafted and is anticipated to be published by early January 2007. With approval of the text amendment the proposed private dining establishment is allowed in the RS7 zoning district. The evaluation of the site plan is discussed later in this report.
Staff Finding – The proposed use is consistent with applicable provisions of the development code.
2. WHETHER THE PROPOSED USE IS COMPATIBLE WITH ADJACENT USES IN TERMS OF SCALE, SITE DESIGN, AND OPERATING CHARACTERISTICS, INCLUDING HOURS OF OPERATION, TRAFFIC GENERATION, LIGHTING, NOISE, ODOR, DUST AND OTHER EXTERNAL IMPACTS
The subject property is located in a neighborhood that includes multiple land uses and a variety of zoning districts. The property is predominantly used as a single family home. Other single-family homes are located to the rear abutting the common alley and to the south of the subject property. Non-residential uses are located to the north and to the east. The recent additions to the building and the addition of a detached garden room and garage create a substantially more developed site then the adjacent uses but were permitted as a residential building activity. The proposed dining activity would occur within the existing structures. The hours of operation for the activity would include evenings when the non-residential uses are closed for the day. This feature will allow the applicant to accommodate off-street parking through an agreement with a nearby non-residential property. Lighting, noise and other external impacts must be mitigated through the site plan requirements for screening and limitations on activity. Conditions of approval related to these elements are recommended and discussed below.
Staff Finding – Approval of the Special Use Permit does not alter the base zoning district. The proposed use, with conditions can be found to be compatible with the adjacent uses.
3. WHETHER THE PROPOSED USE WILL CAUSE SUBSTANTIAL DIMINUTION IN VALUE OF OTHER PROEPRTY IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED
The proposed activity is intended to be an accessory use to the primary use which is a single-family detached home. The improvements made to the property including building addition, detached garage and detached accessory “garden room” can be used for residential purposes outside of the private dining activity. External impacts such as traffic, noise and lighting, deliveries are elements that can be conditioned to address concerns identified during previous reviews of the proposed use. As a Special Use Permit, it may also be reviewed or revoked if necessary to prevent a decrease in value on adjacent properties.
Staff Finding – The intent of adding conditions to provide a limitation on activity and to provide screening to the site is to avoid a diminution in value on other property in the neighborhood.
4. WHTHER PUBLIC SAFETY, TRNASPORTATION AND UTLITY FACILITES AND SERVICES WILL BE AVAILABLE TO SERVE THE SUBJECT PROPERTY WHILE MAINTAINNG SUFFICIENT LEVELS OF SERVICE FOR EXISTING DEVELOPMENT
Systems evaluated related to the proposed use are parking and traffic, stormwater, sanitary sewer and solid waste disposal. The site plan includes a note indicating how stormwater and solid waste will be accommodated with city services. As a restaurant use, kitchen disposal of waste will be addressed as part of the applicable building codes to address sanitary sewer concerns. General plumbing requirements will be applied through the building permit. Parking will be provided through a shared agreement that must be recorded with the Register of Deeds Office. Access to the site for handicapped accessibility purposes is provided from the rear alley. A designated space, landing and ramp provide access to the site. The intensity of the use on this site will be restricted to limit the impact of the activities with the private dining establishment and the surrounding residential portions the neighborhood.
Staff Finding – Public safety, transportation and public utilities are established to provide service to the area. Conditions on the use will limit the intrusion of the commercial activity into the abutting residential portions of the neighborhood.
5. WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED
Staff Finding – The primary activity of the site is as a single-dwelling residence. The proposed is intended to be an accessory use. The site plan will function as the enforcement document to assure that maintenance and use of the property is consistent with the approval.
6. WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT
Staff Finding – The subject property is located within a developed urban neighborhood. There are no natural elements that would be affected by the proposed use. Open areas of the site include the side and front yard areas which are landscaped consistent with residential applications.
7. WHETHER IT IS APPROPPRIATE TO PLACE A TIME LIMIT ON THE PERIOD OF TIME THE PROPOSED USE IS TO BE ALLOWED BY SPECIAL USE PEMRIT AND, IF SO WHAT THAT TIME PERIOD SHOULD BE.
The private dining establishment use is unique and required a specific text amendment to allow for the operation of a restaurant activity within a residential home. As part of that text amendment to the Land Development Code, certain standards were developed to limit activity. Special Use Permits are by nature temporary and are specific to a property. A Special Use Permit is not transferable and cannot be moved from one property to the next. Conditions can be imposed to limit the activity, duration, time period, and user. Staff recommends that if the owner/operators of the private dining facility change in the future then a new Special Use Permit shall be required. This should be reflected as a note on the face of the site plan.
Staff Finding –Because of the unique character of the use and the location, staff’s opinion is that it is appropriate to add conditions to the approval that limit the use.
SITEPLAN/STAFF REVIEW
The subject property is located on the west side of Delaware Street. The property is developed as a single-dwelling residence and includes two detached structures – a garage and a garden room. There is also a two level patio that is approximately 816 GSF. The site plan includes changes to the site to accommodate one off-street parking space for accessible parking and a ramp along the south property line. Other off-street parking will be provided off-site and secured by a recorded agreement with the property owner for use of the parking lot. The specific location of the off-street parking will require final agreements between the property owners. Staff recommends that the off-street parking area occur on site planned property. Site plans are subject to administrative approval.
Development History: The subject property was initially requested for rezoning (Z-06-14-06) by the applicant to a commercial district in an effort to bring the activity into compliance with City zoning regulations and allow for a restaurant use. Through the process, staff indicated that rezoning was not recommended. The Planning Commission on August 23, 2006, considered the rezoning request and recommended approval to the City Commission. The City Commission considered the item on October 17, 2006 and tabled the rezoning and initiated a text amendment to create and define a private dining use and to establish standards for the use. In anticipation of the adoption of the text amendment the applicant submitted an application for a Special Use Permit. The City Commission considered the related text amendment on December 5, 2006 and unanimously approved the text changes. The text must be published to complete the review actions and make it effective. Approval of the proposed Special Use Permit is subject to this publication of the text amending the Land Development Code.
Zoning: The subject property is currently zoned RS7, a residential district. The property was zoned M-2 (General Industrial) District in 1966 and rezoned residential in the early 1980’s as part of the neighborhood down-zoning following adoption of the East Lawrence Neighborhood Plan. Building permits were issued in 2002 and 2004 for residential addition and detached garage addition. The property has remained residentially zoned since that time.
Use: The subject property is primarily used for residential purposes. A catering operation is an allowable use as an accessory activity and does not require any additional review or approval. The proposed Special Use Permit is for the operation of a private dining establishment that will allow customers to come to the property as occurs in a more conventional commercial setting. It was noted in the review that certain building improvements are needed to comply with the building code. The applicant is aware of these issues and will be required to obtain a building permit and complete appropriate changes prior to operation. Improvements include doorway entries and kitchen improvements as well as accessibility changes to the restrooms. These changes will not affect the footprint of the building and no building additions are proposed with the use.
The site plan notes that a portion of the residence as well as the garden room building area are intended for use in the private dining activity. The patio area is not identified on the site plan. Because of the location of other detached single-family homes to the south and the west, outside activity, (such as food and beverage service and consumption) is not recommended.
The applicant has indicated that there is an agreement to purchase the property to the south thus providing an additional buffer between the subject property and the surrounding residential homes further to the south. A screening fence is located along the south property line. The upper portion of the fence detail indicates that it is a metal lattice structure. This detail is not sufficient to provide sound buffering between the activity and the abutting property. Previous considerations of the subject property indicated this land use relationship as a significant concern. At this time, the abutting property to the south is under separate ownership.
The minimum standards for all private dining establishments as approved by the recent text amendment include the following:
1. Service to no more than 30 guests per seating;
2. One seating per service day;
3. 5 service days in a standard 7-day week;
4. Service shall be provided to the general public by reservation only;
5. Drive-in and carry-out facilities are prohibited;
6. Private dining shall be an accessory use to an owner occupied principal residence.
Other standards address off-street parking as discussed above. Discretionary authority is granted to the Planning Commission and the City Commission to limit:
· Hours of operation
· Lighting and noise
· Screening
· Outdoor service and consumption of any food and/or beverage Amount and location of parking dedicated to the private dining use
If approved, staff recommends that the site plan be revised to include a list of limitations and restrictions consistent with the text amendment and any other conditions the Planning Commission or City Commission may add at their discretion.
Staff contacted several area restaurants to determine a reasonable time limit for the activity. Since the subject property is located in proximity to other single-family detached homes. The hours of operation should not extend as late as would be found in a commercial/retail area. Staff recommends that activity conclude by 11:00 P.M. during weekdays and by 12:00 P.M. Friday and Saturday nights. Staff did not propose a limitation on the start time to allow flexibility to the applicant for earlier events.
A standard set out in the text amendment is that the private dining use shall be accessory to “an owner-occupied principal residential use”. If the owner or operator of the use changes in the future a new special use permit would be required. In addition, it is appropriate to require annual reporting and inspection of the use to assure compliance with the restrictions of the Special Use Permit. Staff recommends the applicant submit documentation to the effect that they are the owners of record and are compliant with the conditions of approval. This “report” may be in the form of a letter to city staff. The applicant shall be responsible for scheduling an annual inspection with city staff to assure continued compliance.
The subject property is narrow and the existing fence provides visual screening along the south property line. The property elevation and building placement conceal the activity from the public street and alley as well as the non-residential uses to the north and east. The addition of landscaping along the fence either installed or in planter arrangements will help to absorb sound if the outdoor area is considered for use.
Off-Street parking: The applicant has identified several options for providing off-street parking these include property to the east, Allen Press (800 E. 10th) with access from Delaware and Mike Morley shop building (920 Delaware). If approved, the applicant will complete the execution of agreements for use of one of these properties, as a condition of approval. A valid site plan for the off-street parking area must be approved or on record with the Planning Office.
With regard to the following items staff recommends the following limitations:
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· Hours of operation: |
Activity conclude by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday nights. (Condition 3h) |
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· Lighting and noise:
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Outside lighting be extinguished by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday nights. (Condition 3i) |
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· Screening:
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Additional landscape material is added along the existing fence per staff approval. Material may be a mixture of installed plants or containers to provide additional buffering. (Condition 4) |
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· Outdoor service and consumption: |
Prohibit outdoor serving and consumption of any food and/or beverage. (Condition 3g) |
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· Amount and location of parking dedicated to the private dining use |
Execution of an off-street parking agreement per approval by City Staff. (Condition 3n and 6) |