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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item: |
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PC Staff Report 04/25/07 |
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ITEM NO. 7: SPECIAL USE PERMIT FOR THE CASTLE TEA ROOM, 1307 MASSACHUSETTS (SLD)
SUP-03-03-07: Special Use Permit for the Castle Tea Room. Located at 1307 Massachusetts Street, approximately .4 acres, and 1313 Massachusetts Street, approximately .13 acres. Submitted by CP & Associates Architects and Planners, for Libuse-Kritz Florito Historic Foundation, property owner of record. |
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STAFF RECOMMENDATION: Planning Staff recommends approval of SUP-03-03-07, a Special Use Permit for an adaptive reuse located at 1313 Massachusetts Street, know as the Castle Tea Room 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. If the owner/operators of the adaptive reuse change in the future then a new Special Use Permit shall be required. b. Property shall be inspected annually by City Staff for compliance with the Special Use Permit. c. Note the Deed Book and Page reference of the executed off-street parking agreement on the face of the site plan. d. Activity shall conclude by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday night. e. If night lighting is involved, it shall be shielded from adjacent properties and have cut-off’s to restrict upward escape of the light f. Outdoor tents shall not be allowed within 25’ of the public right-of-way. 4. Provision of a revised site plan to include the following changes: a. Parking Summary: i. On site Parking 11 spaces including two 2 accessible spaces ii. On street parking 14 spaces iii. Shared Parking 16 spaces per agreement recorded at the Douglas County Register of Deeds Office _______ Book ________ Page. b. Show and label hitching posts along 13th Street on Sheet A-100 c. Show detail of trash enclosure on face of site plan. d. Show dimensions of the patio area and the one car garage located at 1313 Massachusetts Street. 5. Execution and recording of an off-street parking agreement with the Register of Deeds Office to include parking on an approved site planned property. 6. Publication of an ordinance per section 20-1306 (j). |
NOTE: The proposed Adaptive Reuse and site plan changes are subject to the approval of the Historic Resources Commission. This Board is scheduled to consider the item at their regular meeting on April 19th. The Planning Commission consideration shall follow only after the Historic Resources Commission has acted on the item. Staff will report to the Planning Commission the actions of the Historic Resources Commission as part of the presentation of this item.
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Applicant’s Reason for Request: |
To continue the previous use of the property that existed from 1947 to 2004, which is used for selected 1 and 2nd floor rooms on a reservation basis for special events. If food is part of an event, it will be provided by a select list of caterers [Per application]. |
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KEY POINTS · Existing historic property subject to HRC review · Surrounding area is developed with a range of public and private uses
FACTORS TO CONSIDER · Compliance with Section 20-501 Adaptive Reuse of Designated Historic Properties
ASSOCIATED CASES/OTHER ACTION REQUIRED · HRC review and approval required · Execution of parking agreements as applicable · Publication of an ordinance per section 20-1306 (j)
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · No comment on this item at this time
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GENERAL INFORMATION |
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Current Zoning and Land Use: |
RM32 (Multi-Dwelling Residential) District; existing 1307 Massachusetts Street – Castle Tea Room, special event venue and 1313 Massachusetts – residence.
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Surrounding Zoning and Land Use: |
RMO (Multi-Dwelling Residential-Office) District to the north, northeast and portion of west side of subject property; existing office and parking lot for law firm and mortuary immediately north. County offices to the northeast. Parking lot for 16 vehicles (mortuary use) on west side of alley along W. 13th Street. RM32 ((Multi-Dwelling Residential) District to the east, west and south; existing residential uses. |
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Site Summary |
1307 Massachusetts (Castle) |
1313 Massachusetts (residence) |
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Existing |
Proposed |
Existing |
Proposed |
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Area [23,400 – Total] |
17,550 SF |
5,850 SF |
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Building Foot Print Existing Building GSF Garage |
3,351 SF
600 SF |
3,351 SF 9,217 SF No change |
1,639 SF 2,044 SF 336 SF |
1,639 SF No change |
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Open Space |
10,953 SF |
9,311 SF |
2,464 SF |
2,736 SF |
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Pavement Cover |
3,246 SF |
4,888 SF |
1,747 SF |
1,475 SF |
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Off Street Parking Provided (11 spaces total) |
7 spaces along alley |
4 spaces including single car garage along Alley |
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Other Parking Available (14 spaces along public streets)
(16 spaces shared parking lot) |
7 spaces along Mass. Street |
2 spaces along Mass Street |
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5 spaces along south side of W. 13th Street |
Not applicable. |
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16 spaces located along W. 13th Street – Shared parking from Warren McElwain Mortuary. |
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Review and Decision-Making Criteria (20-1306(i))
1. WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE
The subject property is zoned for multi-family uses. Section 20-501 stated that Special Use approval may be granted in any zoning district for an Adaptive Reuse provided the property is listed, as a Landmark or as part of an Historic District. The subject property is individually listed on the National Register of Historic Places. As such, the property is also subject to Historic Resources Commission review and approval for the use and for changes to the property. As a condition of 20-501 Adaptive Reuse of a residentially – designed structure shall maintain the residential quality and character of the property. Horizon 2020 lists the encouragement of adaptive use alternatives as one of the primary goals of historic preservation.
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 includes the “Castle Tea Room” as well as the adjacent residence to the south. The primary activity is the Castle Tea Room which will operate as a special event venue on a reservation basis as it has for previous years. Active use of the facility has been suspended since 2004. Previously the use operated as a non-conforming activity. The cessation of the use voided the non-conforming status thus a Special Use Permit is required. No changes to the base zoning district are proposed. The adjacent residence to the south -1313 Massachusetts- is identified on the site plan to be used as a transient residence for users of the facility. An example of this use would be related to a wedding event where the family of the bride or groom might reside during the festivities. Such use is described and outlined in the general notes of the site plan. Special events can operate inside the Castle building or in the yard areas between the two buildings. A large patio area is being proposed as part of the remodeling of the site that would accommodate outdoor events as well.
The surrounding area includes multi-dwelling residential uses to the west that back up to the subject property and non residential uses to the north and northeast. The property fronts Massachusetts with residential uses on the east side of the street and to the south. The operation of the facility, especially for larger events, will require parking to be provided in the surrounding area and along public streets. There are no parking requirements for an Adaptive Reuse. Parking is discussed later in this report.
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 approval of the request will re-establish the activity as a special use within the existing zoning. The subject property has a long history of providing a place for special events within the neighborhood. The purpose of the Special Use Permit is to identify any conditions that are applicable to the use to mitigate any impacts on the surrounding neighborhood. A similar approval was granted in January 2002 for property at 1613 Tennessee Street for the Ludington/Thacher Residence [UPR-11-06-01]. The property at 1613 Tennessee Street differs from the proposed application in that its primary use is as a private residence.
The proposed use anticipates outdoor events as well as continued use of the Castle Tea Room. With regard to outdoor events the site plan notes if a tent is provided or used then it shall be subject to City requirements related to health and safety such as provision of no smoking signs, exits, and the provision of fire extinguishers. The presence of existing residential uses in the immediate vicinity requires that activity be respectful of that environment. Appropriate conditions to limit activities and duration of events are recommended to mitigate impacts on the surrounding residential uses.
Staff Finding – The presence of residential uses in the immediate vicinity of the proposed use requires that appropriate conditions be established to limit the duration of events (nighttime hours and outdoor music) to mitigate impact on the surrounding neighborhood.
4. WHETHER 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
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
Adaptive use of historic properties and the associated financial commitments along with the approval of a site plan for a specific use will provide adequate assurance of continuing maintenance of the property. In addition, because the structure is listed on the National Register of Historic Places, tax credits are available for the continuing maintenance and upkeep of the structure. Approval of a Special Use Permit for Adaptive Ruse of the property can provide an opportunity to generate additional income for maintenance of the property.
The Special Use Permit and associated site plan is the enforcement tool to assure the use and development changes to the property are consistent with minimum city codes with regard to zoning and land use. Applicable building permits will be required and are a separate review from this application.
Staff Finding – The primary activity of the site is for a special event venue. Approval of the Special Use Permit of the Adaptive Reuse allows for the property to generate income to allow for continued upkeep of the property while accommodating a type of public access to the property. 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 and abuts a major arterial street. 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 to be re-landscaped. Existing street trees along the public streets will be retained as noted on the site plan.
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.
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, especially as it relates to the outdoor possibilities for the site. The residence to the south of the Castle Tea Room (1313 Massachusetts Street), included in this site plan provides a boundary between the activity generating portion of the site and the residential uses to the south. Garage and parking areas also provide a boundary along the alley to insulate the residential uses to the east. Non-residential uses to the north are not anticipated to be impacted by the proposed use with the exception of competition for parking.
SITE PLAN/STAFF REVIEW
The subject property fronts to Massachusetts Street. The subject property is built with two residential structures as well as existing garages. The site plan shows numerous improvements to the exterior yard areas of the site. Neither property is used as a primary residence. Approval of the Adaptive Reuse of the property will allow for the re-establishment of the Castle Tea Room as a facility for special events for weddings, receptions, meetings and other similar events. The Castle Tea Room (1307 Massachusetts) will not be used as a public restaurant. It is noted on the site plan that food service will be catered; food preparation will be done off-site and brought to the property for the event. If alcoholic beverages are to be served then appropriate licenses will be required. The residence at 1313 Massachusetts included in the application is intended to be accessory to the Castle Tea Room and provide transient housing during special events as needed.
Off-Street parking:
Specific off-street parking is not required for an Adaptive Reuse. The site plan shows a total of 11 spaces, including both properties and the existing one-car garage for 1313 Massachusetts. These 11 spaces are the only off-street parking that is provided on-site. This parking is accessed only from the alley. The garage building associated with the 1307 property is identified on the site plan as being converted to provide space for serving, restrooms, and storage. Residential parking for the abutting properties on the west side of the alley is also accessed from the alley.
There is an existing parking lot located to the northwest of the subject property that includes 16 spaces that abut W. 13th Street. This parking is currently dedicated to the mortuary located to the northeast of the subject property. The site plan notes that shared parking will be allowed within this parking lot. Staff notes that there will likely occur an overlap of events that will make the availability of this parking lot limited. If approved, staff recommends the applicant execute a shared parking agreement to be recorded with the Register of Deeds Office.
On-street parking is also available along the south side of W. 13th Street (abutting the subject property) as well as the west side of Massachusetts Street along the front of the subject property. Staff estimates that 14 spaces are located immediately adjacent to the subject property along the south side of W. 13th Street and along the west side of Massachusetts Street. As stated previously larger events will result in a competition for parking within the immediately surrounding neighborhood.
The existing buildings are not proposed to be enlarged as part of this application and the footprint of the existing structures will not be altered. Existing driveways to the structures from Massachusetts Street are shown to be removed as well as existing planting beds and several mature trees to accommodate a new 1,464 patio area south of the Castle Tea Room. Staff recommends that the patio area be dimensioned on the face of the site plan.
A trash enclosure is shown on the site plan located at the rear of property located at 1312 Vermont. This property is under the same ownership, but is not included nor is it part of the proposed site plan other than the alley area where the trash enclosure is proposed. Existing trash service is accommodated in the alley and includes both residential cans and larger dumpsters.
Hours of Operation
Because the subject property is located within a residential zoning district, staff recommends activity shall conclude by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday night. If night lighting is involved, it shall be shielded from adjacent properties and have cut-off’s to restrict upward escape of the light. A note should be placed on the face of the site plan indicating this restriction.
Outdoor Events
During the review process staff identified basic conditions that were recommended to be addressed as notes on the site plan with regard to events that would include tents in the outdoor area. Inclusion of these notes and acknowledgement as part of the Special Use Permit approval that events will occur on the property that include the outdoors is intended to also address any temporary events as found or described in section 6-15 of the City Code. In no case shall any tent or structure be erected within 25’ of the public right-of-way.
Conclusion:
Staff noted several elements on the site plan that must be changed, noted, or corrected with regard to site plan details and are reflected as conditions of approval.