Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Sandra Day, Planning Staff
CC:	Diane Stoddard, Assistant City Manager Cynthia Wagner, Assistant City Manager Scott McCullough, Planning and Development Services Director
DATE:	September 22, 2011
RE:	Extension request for SUP-5-7-09; Special Use Permit; for the addition of a drive-thru to an existing commercial development for food and beverage sales at 1520 Wakarusa Drive. Known as Wakarusa Market Place.

Attachments: A—Location Map

B—Extension Request

C—Approved Site Plan

The City Commission approved a Special Use Permit [SUP-5-7-09], Attachment C, for a Food and Beverage Sales with Drive-In addition to an existing retail development at 1520 Wakarusa Drive on August 18, 2009. The ordinance, 8448, was published on August 29, 2009. The project was approved subject to the following conditions:

Prior to the release of the site plan for issuance of building permits the applicant shall provide a copy of the Westar Encroachment agreement.

2. An ordinance per Section 20-1306(j) shall be published by staff

Per Section 1306(k) of the Development Code, if the landowner fails to obtain a building permit within 24 months after final approval of the site plan, then the site plan shall expire unless an extension request showing good cause is provided to the Planning Office prior to the expiration date.

The applicant requested an extension of the approval on August 23, 2011 as building permits had not been obtained and the site plan approval would expire on August 29 (Attachment B). The extension request indicated that the property owner is interested in pursuing this development but has not found a tenant.

Staff Discussion:

The Special Use was reviewed under the standards of the 2006 Development Code. The site plan has been approved and the conditions of approval were met. The proposed use, Food and Beverage Sales, is an appropriate use for the area and the site design maintains compatibility with the surrounding neighborhood.

Action Request:

Planning Staff recommends approval of the 24 month extension of the Special Use Permit approval for SUP-5-7-09 to August 29, 2013.

Attachment A:

General Location Map of 700 Connecticut. Subject property shown in black.

Attachment B. Extension Request