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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item: |
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PC
Staff Report |
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ITEM NO. 5: SPECIAL USE
PERMIT FOR 714 SUP-12-10-07: Special Use Permit for a cabinet shop which is “Limited Manufacturing & Production
Business” at 714 |
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STAFF
RECOMMENDATION: 1.
Provision
of a revised Site Plan with the following changes: a
The
following general note must be added: “Per City Code Section 9-902, the
outdoor dining area will be managed to prevent stormwater pollution. Food
waste, trash, cigarettes, and other solid wastes will be collected and
disposed of properly. Fluid waste, including wastewater from pavement or
furniture cleaning, will be collected and discharged to the sanitary sewer
system.” b
The
sidewalk dining area must be shown and labeled on the plan. c
Note
1.3 under ‘Project Summary’ must be revised to reference that the CD (not the
C-3) Zoning District is exempt from the off-street parking requirement. d
Project
Summary notes 1.2 and 1.3 for current and proposed uses must be revised to
change ‘office’ to ‘tattoo parlor or tattoo shop’ and to include ‘parking
garage’. e
The
following note must be added to the plan: “The granite shop is subject to the
following conditions: Employment may not exceed 20 employees, no outside
storage of materials or products is permitted, and If goods are displayed or
sold on-site, this must be a subordinate part of total sales.” 2.
The
property is located within the environs of properties listed on the
National and Lawrence Registers of Historic Places and is also located in the
Downtown Conservation Overlay District.
The change of use must be approved by the Historic Resource Commission before
the SUP Ordinance is considered by the 3.
An
Agreement Not to Protest the Formation of a Benefit District for Street Light
Improvements must be executed before the Special Use Permit Site Plan is
released for building permits. 4.
A
photometric plan must be provided and approved prior to the installation of
any exterior lighting when exterior lighting is proposed. |
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Applicant’s
Reason for Request: |
“The proposed use was allowed in the C-3 Zoning
District. It’s a special use under new Code” |
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KEY POINTS ·
The
property is exempt from the off-street parking and loading requirements since
it is located within the CD (Downtown Commercial) District. ·
The
proposed change is a change in use with some internal changes to separate the
granite shop from the parking garage.
This use is classified as limited manufacturing and production which is
permitted within the CD District when approved through a Special Use Permit. |
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GOLDEN FACTORS TO CONSIDER Zoning and uses of property nearby The subject property contains approximately .296 acres and is zoned CD
(Downtown Commercial) District. The property is currently used as a
restaurant, tattoo parlor, storage
and a parking garage. The proposed use is a granite shop which produces
granite countertops. This is defined as a Limited Manufacturing and
Production use in Section 20-1739 of the Development Code. The surrounding property to the north, east and south is zoned CD
(Downtown Commercial) District with utility, retail and office uses and
parking areas. The property to the west is zoned GPI (General Public and
Institutional Use) District and houses the Lawrence Public Library and
accessory parking area. Character of the area The CD District is compact, commercial area which contains many small
stores and offices. Community
facilities are located nearby. The public library and municipal aquatic
facility are located to the west. The subject
property is at the western edge of the central business district of the City. |
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ASSOCIATED
CASES/OTHER ACTION REQUIRED · Historic Resource Commission review and approval of the change of use. · City Commission approval of the change of use and adoption of the Special Use Permit Ordinance. · Publication of Special Use Ordinance. · Release of site plan for building permits. |
GENERAL INFORMATION |
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Current Zoning and
Land Use: |
CD (Downtown Commercial) District; restaurant, tattoo parlor, storage and parking. |
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Surrounding Zoning and Land Use: |
CD (Downtown Commercial) District to the north, east and south; Land uses: To the north: parking lot. To the east: an alley and a parking lot and art studio/gallery. To the south: AT&T microwave tower and facility, various offices including the Chamber of Commerce. GPI (General Public and Institutional Use) District to the west; city public library. |
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Site Summary |
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Existing/proposed
building: Existing/proposed
impervious: |
.296 acres (12,905 sq. ft) 10,878 sq. ft.
(no change proposed) 12,842 sq. ft. (no change proposed) |
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PUBLIC COMMENT
RECEIVED PRIOR TO PRINTING ·
No comment received at this time. |
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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
Applicant’s
response:
“ Yes. All internal to the site. No external storage
of product. This is a good temporary use of the building.”
The CD (Downtown Commercial) District is exempt from off-street parking
and loading requirements per Section 20-901(f) of the Development Code.
Exterior storage is not permitted in the CD District per Section 20-538(11) and
the applicant has indicated there will be no exterior storage. The building and lot meets the density and
dimensional requirements in Section 20-602.
Per Section 20-1001(b)(6) the landscape requirements apply to a change
of use when the change of use requires Special Use Approval. However, no
bufferyard is required between properties that are zoned CD or between
properties that are zoned CD and GPI (Section 20-1005) and the City Landscape
Supervisor indicated that no additional landscaping is required.
Staff Finding – The proposed use is compliant with applicable
provisions of the Development Code. The Special
Use Permit site plan, as conditioned, is compliant with 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
Applicant’s
response:
“Yes. All internal. Noise to tenants to be
addressed with this application and proposal.”
The proposed use will be located within an existing structure. In terms of scale, and site design the use is
compatible with adjacent uses. The hours
of operation should be compatible with surrounding land uses, as there are a
variety of uses with a variety of operating hours in the area. The applicant
indicates that the granite shop was operating on the site before the applicant became
aware that a Special Use Permit was required. The manager of Local Burger
indicated that the noise generated from the granite shop when it was operating
had been negligible and did not cause any adverse impacts on their business. The operator of the granite shop explained the
work involved as being relatively low impact. They use a power saw to cut the
granite for the countertops and this goes very quickly, about 30 seconds per
cut so the noise is of a very short duration. The remainder of the work on the
countertop involves polishing with a tool similar to a belt sander. The majority of the work occurs off-site with
installation at the customer’s homes. Based on the information from the
operator of the granite shop and the manager of the Local Burger, Staff finds
the granite shop operation would be compatible with the adjacent land uses.
Before the adoption of the Land Development Code in 2006, the subject
property was zoned C3 (Central Commercial) District. The 1966 Zoning Ordinance
classified carpentry, custom woodworking or customer furniture making shops and
cabinet shops as low nuisance manufacturing uses. Prior to the adoption of the
Development Code low nuisance manufacturing uses were permitted by right in the
C3 District.
Staff Finding – The proposed use is compatible with adjacent land
uses.
3. WHETHER
THE PROPOSED USE WILL CAUSE SUBSTANTIAL DIMINUTION IN VALUE OF OTHER PROPERTY
IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED
Applicant’s
response:
“No.”
As the manufacturing activity will occur
indoors and there is no exterior storage of products or supplies permitted on
the lot, there should be minimal negative impacts on surrounding properties.
Staff Finding – The proposed use will not cause substantial
diminution in value of other nearby property.
4. WHETHER
PUBLIC SAFETY, TRANSPORTATION AND UTILITY FACILITIES AND SERVICES WILL BE
AVAILABLE TO SERVE THE SUBJECT PROPERTY WHILE MAINTAINING SUFFICIENT LEVELS OF
SERVICE FOR EXISTING DEVELOPMENT
The property is located in the downtown business area which has been
developed with a grid patterned street network. The established street network
provides adequate transportation facilities and the property is located near a
public transit route. A fire/medical facility is located a few blocks from this
property. Utilities have been established in this area and are not required to
be extended or expanded for the new use.
Staff Finding – The
property’s downtown location places it within an efficient transportation
system with established utility and public safety services.
5. WHETHER
ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED
Staff Finding –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
Applicant’s
response: “No.”
There will be no exterior storage of products or materials. The City
Stormwater Engineer required a note to be added which requires that any water
used to wash up the area must be captured and discharged to the sanitary sewer
system. This note refers to the sidewalk dining use, but must be added to the
plan as the entire property is included in this site plan. The sidewalk dining area must be shown and
labeled on the plan.
Staff Finding – The
proposed use should not cause significant adverse impacts on the natural
environment.
7. WHETHER
IT IS APPROPRIATE TO PLACE A TIME LIMIT ON THE PERIOD OF TIME THE PROPOSED USE
IS TO BE ALLOWED BY SPECIAL USE PERMIT AND, IF SO WHAT THAT TIME PERIOD SHOULD
BE.
The proposed use is a limited
manufacturing and production business. Often a time limit is placed on a
Special Use if the area it is locating within is expected to change. The property
is located within the downtown business center and a change in the character of
this area is unlikely. The use should remain compatible with the area. If the business outgrows the facility, it
would be necessary to move to a more appropriate location.
Staff Finding – As significant change is not anticipated for either the business or
the general area, a time limit is not appropriate.
SITE PLAN/STAFF REVIEW
The proposal is to add a use, a granite shop,
to the building at 714
Limited Manufacturing and Production uses are
permitted in the CD District with Special Use Permit approval. The Development
Code defines Limited Manufacturing and Production as:
“Establishments
generally employing fewer than 20 persons, do not involve outside storage of
materials, do not require Federal air quality discharge permits, are compatible
with nearby residential uses because there are few or no offensive external
effects, and are primarily engaged in one of the following:
(1)
On-site production of goods by hand manufacturing involving use of hand tools
or light mechanical equipment. Products may be finished or semi-finished and
are generally made for the wholesale market, for transfer to other plants, or
to order for customers or firms. Goods are generally not displayed or sold
on-site, but if so, this is a subordinate part of total sales. Typical uses
include instruction studios, ceramic studios, woodworking and cabinet shops,
custom jewelry manufacturing, and similar types of arts and crafts of
small-scale manufacturing…
The use must meet this definition to be
permitted within this zoning district; therefore the following conditions are
placed on the use: 1) employment is limited to 20 people, 2) no outside storage
of materials, 3) if goods are displayed or sold on-site this must be a
subordinate part of total sales.
The applicant indicated that no new sanitary
sewer facilities will be installed with this change of use, therefore a
Downstream Sanitary Sewer Analysis is not required. The City Stormwater
Engineer required a note be added to the plan which prohibits the discharge of
water used for cleaning into the City Stormwater system. The City Landscape
Supervisor indicated that no additional landscaping is required for this site
with this change of use.
The City Traffic Engineer indicated that an
Agreement Not to Protest the Formation of a Benefit District for Street Light
Improvements would be required for
The plan lists the current uses as
restaurant, office and storage. The current uses are restaurant, parking
garage, storage and tattoo parlor. The Project summary must be revised to
reflect the correct current and proposed uses.
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Figure 1. 714 |
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X—proposed granite shop 1—AT&T tower 2—AT&T garage 3—Restaurant 4—Tattoo parlor 5—Restrooms & Storage 6—Parking garage 7—retail, jewelry 8—retail, vacant |
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Figure 2. Surrounding uses include a parking garage,
alley and parking area, telephone tower and garage, tattoo shop, restrooms,
storage area and a restaurant. |
