Special Event Permit

and

Request for Use of Right-of-Way & Public Property

March 25, 2008

Regular Agenda

 

SE-04-17-07: A request for a Special Event Permit on private property located at the southeast and southwest corners of 9th & New Hampshire Streets with an associated request that the City Commission grant the a Use of Right-of-Way Permit for New Hampshire Street between 9th & 10th Streets.  The applicant also requests the City Commission grant the Use of Public Property for City-owned property that includes the parking garage and a tract of land just north of the parking garage.  Approval of the requests will permit a live outdoor concert on Wednesday May 14, 2008.  Submitted by Mike Logan of Pipeline Productions for Martin W. Moore of 9-10, LC, and the City of Lawrence property owners of record.

 

GENERAL INFORMATION

Current Zoning and Land Use                      CD (Downtown Commercial) District; undeveloped land.

 

Surrounding Zoning and Land Use                CD (Downtown Commercial) District to the north; a mix of office, restaurant and retail with a surface parking lot to the northeast.

 

                                                            GPI (General Public & Institutional Use) District to the south; downtown parking garage with offices, Lawrence Arts Center and mix of services, offices and restaurant uses.

 

                                                            CS (Commercial Strip) District and RM12 (Multi-Dwelling Residential) District to the east; a mix of residential, office, service and retail uses.

      

 

STAFF REVIEW

The applicant requests that the City Commission grant two permits; a Special Event Permit and Use of Right-of-Way Permit, as well as the use of public property (City parking garage and tract of land just north of the garage) for a live outdoor concert in the 900 block of New Hampshire Street.   The proposed concert will be held on Wednesday May 14, 2008 and will feature a performance by the band Wilco.  The request for a Special Event Permit applies to that portion of the concert site area that is located on private property.  The Use of Right-of-Way Permit applies to that portion of the concert site area that is located on street right-of-way.  The request for use of public property applies to that portion of the concert site area that is located on city-owned property, excluding street right-of-way such as the parking garage and the tract of land just north of the parking garage.  All three requests are distinguished in Figure 1 below.

 

 

 

Figure 1 Area Included in Request

Area of Special Event Permit Request identified in white

Area of Use of Right of Way Permit identified in blue

Area of Use of Public Property Request in yellow

 

*Area of Restricted Access is striped

 

 

The proposed concert will take place on Wednesday May 14, 2008 from 6:00 pm until 10:30 pm.  The applicant requests the Special Event Permit, the Use of Right-of-Way Permit and the Use of Public Property request to be effective from 6:00 am on May 14 until 2:00 am on May 15 to provide time for general preparation of the site such as assembly of the concert stage, perimeter fencing, merchandise tents as well as delivery of roll-off trash dumpsters and portable restrooms.  The proposed fencing will form the boundary of a restricted access area, shown as the striped area above, and in Figure 2 below.  The fencing will consist of a 6’ tall chain link fence.  Upon assembly of the fence, public access within this area will be restricted.  The use of that portion of the public right-of-way within this restricted area is considered an exclusive use of public right-of-way.  The remainder of the right-of-way outside of the restricted access area constitutes a general use of right-of-way request and public access to this area will not be restricted so that the Salvation Army and Pepperjax Grill as well as the southernmost entrance to the parking garage remain accessible to the general public.  The applicant has requested the ability to place sawhorse barriers along the north side of the intersection of 10th & New Hampshire as needed allow for service delivery vehicles and to prevent drivers from driving through the length of the block during site preparation.  Staff suggests that such barriers be located north of the southernmost entrance of the parking garage so that the public is aware that access to the parking garage via New Hampshire Street is available.  Placement of barriers at this location prior to the assembly of the proposed fence will alert the public that the street is closed north of that point, thus allowing event crews to safely prepare the site.

 

Ticketed concertgoers will be permitted within the fenced restricted access area after 5:00 p.m.  The applicant will begin sale of the tickets immediately following City Commission approval and expects to sell between 3,000 and 4,000 tickets, with a maximum of 4,000 to be sold. 

 

The applicant will retain private security for the event and requests that the Lawrence Police Department provide a traffic control officer to control traffic following the event. 

 

The applicant does not request an exclusive use of the public parking garage for any purpose, but does request that some vehicular access points into the parking garage be closed.  The applicant also requests the ability to place security at stairwells in the parking garage in an attempt to prevent un-ticketed pedestrians from gathering at the top level of the garage to watch the concert.  Due to this, the parking garage is included in the applicant’s request for use of public property.  Vehicular access to the parking garage will remain open from two locations; from 9th Street on the north and from the southernmost entrance on New Hampshire Street.  All other access points into the garage from New Hampshire Street will be restricted.  The public entrance to the Arts Center is located within the fenced restricted access area.  The applicant will permit public pedestrian access to the center until 5:00 p.m.  Access to the Salvation Army and Pepperjax Grill from New Hampshire Street shall remain open at all times during the event.

 

A portion of the fenced restricted access area is located on public property just north of the parking garage, therefore the applicant requests the City Commission grant the use of public property for this purpose.

 

The noise generated by the proposed event, including the concert itself and the preparation for the concert, such as sound checks will impact surrounding properties.  The applicant will address this concern by placing the concert stage at the northern end of New Hampshire Street, and angled to the southwest in order to direct noise away from residential uses to the east.  (See Figure 3 below)

 

The applicant intends to sell food and drink as well as alcohol.  The sale of alcohol within 400 feet of a school or church is prohibited by City Code unless granted a distance waiver by the City Commission.  All alcohol sold should remain within the fenced restricted access area.  This area is within 400 feet of the Salvation Army, therefore the applicant must seek a distance waiver in order to proceed with alcohol sales.  Such waivers require a public hearing and a 30 day notice.  The distance waiver request is tentatively scheduled for the April 22 City Commission agenda. The request must be approved in order to sell alcohol at the event.  Furthermore, the applicant must also obtain a temporary permit from the City Clerk’s Office for the temporary sale of alcohol. The permit shall be compliant with any applicable state laws.   

 

Any tents must be flame retardant, a fire extinguisher must be provided and “No Smoking” signs must be posted. If the tent has walls, rather than just a canopy, 2 exits with exit signs and emergency lighting must be provided.

 

Additionally, any signs displayed in conjunction with the event shall comply with the City sign regulations and shall not be located on public right-of-way. A temporary sign permit must be obtained from Development Services if temporary signage is planned.

 

 

 

 

Figure 2 Restricted Access Area

(fence perimeter in yellow)

 

Figure 3 Restricted Access Area

with Concert Stage

 

 

Special Event Permit Recommendation: Staff recommends approval of the Special Event Permit for a live outdoor concert on Wednesday May 14, 2008 subject to the following conditions:

 

  1. The applicant shall request and receive a distance waiver from the City Commission permitting the sale of alcohol within 400 feet of a church or school;
  2. The applicant must obtain a temporary permit for the temporary sale of alcohol from the City Clerk’s Office;
  3. The concert shall commence no earlier than 6:00 pm on Wednesday May 14, 2008 and shall conclude no later than 10:30 pm on Wednesday May 14, 2008;
  4. The Special Event Permit shall be valid from 6:00 am on Wednesday May 14, 2008 until 2:00 am on Thursday May 15, 2008;
  5. The number of tickets sold shall be limited to 4,000;
  6. Temporary sign permit must be obtained from the offices of Development Services, if temporary signs are used;
  7. If signs are displayed in conjunction with this use they shall comply with City sign regulations and shall not be located on public right of way.  Signs for this activity can only be displayed during hours of operation;
  8. Tent must be certified flame retardant;
  9. A 2A1OBC portable fire extinguisher must be provided;
  10. “No Smoking” signs must be posted and enforced.

 

Use of Right-of-Way Permit and Use of Public Property Recommendation: Staff recommends approval of the Use of Right-of-Way Permit for a live outdoor concert on Wednesday May 14, 2008 subject to the following conditions:

 

  1. The applicant shall request and receive a distance waiver from the City Commission permitting the sale of alcohol within 400 feet of a church or school;
  2. The applicant must obtain a temporary permit for the temporary sale of alcohol from the City Clerk’s Office;
  3. The concert shall commence no earlier than 6:00 pm on Wednesday May 14, 2008 and shall conclude no later than 10:30 pm on Wednesday May 14, 2008;
  4. The Use of Right-of-Way Permit shall be valid from 6:00 am on Wednesday May 14, 2008 until 2:00 am on Thursday May 15, 2008;
  5. The number of tickets sold shall be limited to 4,000;
  6. Vehicular access to the parking garage shall remain open at all times from two points: from 9th Street on the north, and from the southernmost entrance from New Hampshire Street;
  7. Temporary sign permit must be obtained from the offices of Development Services, if temporary signs are used;
  8. If signs are displayed in conjunction with this use they shall comply with City sign regulations and shall not be located on public right of way.  Signs for this activity can only be displayed during hours of operation;
  9. Tent must be certified flame retardant;
  10. A 2A1OBC portable fire extinguisher must be provided;
  11. “No Smoking” signs must be posted and enforced.